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Post Trial Motions

DRI

A Defense Attorney’s Guide to Appeal Bonds

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For civil defense attorneys, “bond” is a four-letter word in more ways than one when it comes to appeals, because appeal bonds only come into play when something didn’t go right at the trial level. That being said, when the...more

Goodell, DeVries, Leech & Dann, LLP

Why Maryland Should Allow 28 Days for Post-Trial Motions

What attracts many lawyers to appellate practice—besides an unusual appetite for legal writing and a general distaste for contentious discovery—is the confidence that fire drills and surprises rarely occur. Appellate briefing...more

Goldberg Segalla

Court Denies Post-Trial Motions Following Plaintiff’s Verdict

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Supreme Court of New York, New York County; August 28, 2023 - This matter involved plaintiff James McWilliams, who worked as a steamfitter from 1960 until his retirement in 1996. He claimed that his work consisted of...more

Seyfarth Shaw LLP

Federal Circuit Nullifies Sum Certain Contract Disputes Act Jurisdictional Defense

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In ECC Int’l Constructors, LLC v. Sec’y of Army, No. 2021-2323, 2023 WL 5355302 (Fed. Cir. Aug. 22, 2023), the U.S. Court of Appeals for the Federal Circuit considered whether the Federal Acquisition Regulation (“FAR”)...more

Pierce Atwood LLP

Beware the Deadline: Pending Motions and Entry of Final Judgment

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The Law Court’s decision in Fournier v. Flats Industrial, Inc., issued last week, provides a stark reminder of the importance of attention to the deadlines for filing an appeal of a final judgment. The Law Court treats the...more

Pierce Atwood LLP

Appellate Preservation and Summary Judgment

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The necessity of preserving issues for appeal can be a trap for the unwary, leaving litigants without recourse if they fail to take proper steps to preserve a particular argument.  Near the end of its recent term, the Supreme...more

Fox Rothschild LLP

“Now what? My Stupid Lawyer Settled My Case & Got It WRONG!”

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Blessedly, this is not a frequent event. And as law has migrated from handwritten to typewritten to telecopied and emailed agreements one might think this kind of dispute would be headed to the dungeons of history. But...more

Goldberg Segalla

Joint Compound Defendant Post-Trial Motions Denied

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Court: Supreme Court of the State of New York, County of New York - In this asbestos action, Munir Seen alleged he developed mesothelioma from asbestos exposure from various products, including joint compound from...more

Hinshaw & Culbertson - Lawyers for the...

Appellate Court Affirms $700,000 Judgment Against Lawyer in Malpractice Action, in Part, Because Defendant Failed to File...

Brief Summary - An intermediate appellate court in Illinois held that defendant forfeited appellate review of expert testimony admitted at trial because he failed to file a post-trial motion on the issue. However, the...more

Ward and Smith, P.A.

The Third Chair: Engaging Appellate Counsel Early To Improve Outcomes at Trial

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You don't need us to tell you that trials are increasingly rare. So when heading to trial, trial counsel must know their client's story and must be prepared to tell that story to the trier of fact—a feat that requires...more

Fish & Richardson

EDTX Monthly Wrap-Up — April 2021

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This post reviews two April 2021 opinions from the Eastern District of Texas deciding post-trial motions. The first case involves the denial of enhanced damages by the Honorable Amos L. Mazzant, III. In the second case, the...more

Hinshaw & Culbertson - Lawyers for the...

Plaintiff's Legal Malpractice Action—First Filed Too Early, Then Refiled Too Late—Results in Dismissal With Prejudice

Flintlock Constr. Servs, LLC v. Rubin, Fiorella & Friedman, LLP, 2020 NY Slip Op 06711 (App. Div.). Brief Summary - After plaintiff's initial legal malpractice action was dismissed as premature because the underlying...more

Hinshaw & Culbertson - Health Care

Post-Trial Motion Required to Preserve Trial De Novo on Issues Decided by Jury: Hinshaw's Annual Guide to Key Illinois Medical...

Is a post-trial motion necessary to preserve the right to appeal any issue determined by the jury? Collin Crim v. Gina Dietrich, 2020 IL 124318 - Case Summary - Plaintiff, a minor, sustained a shoulder dystocia...more

Hinshaw & Culbertson - Health Care

Improper Remarks During Closing Argument Reverse Defense Verdict: Hinshaw's Annual Guide to Key Illinois Medical Malpractice...

Can comments intended to inflame the passions of the jury, even if directed at a non-party, result in error? Michael Konewko v. Advocate Health and Hospitals Corporation d/b/a Advocate Good Samaritan Hospital 2020 IL App...more

Knobbe Martens

Non-Disclosure Agreement Controls Ownership of Patents Arising From Confidential Information Received Thereunder

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SIONYX LLC v. HAMAMATSU PHOTONICS K.K. Before Lourie, Reyna, and Wallach. Appeal from the U.S. District Court for the District of Massachusetts. Summary: A party who discloses confidential information pursuant to a NDA...more

Haug Partners LLP

Vectura Ltd. v. GlaxoSmithKline LLC: Federal Circuit Panel Affirms Vectura’s $90 Million Damages Award

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On November 19, 2020, a unanimous panel of the Court of Appeals for the Federal Circuit (“Federal Circuit”) decided Vectura Ltd. v. GlaxoSmithKline LLC, affirming a $90 million verdict. Vectura Ltd. (“Vectura”) sued...more

Knobbe Martens

To Limit or Not to Limit: What Is the Basis of Your Prior Art Distinction During Prosecution?

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VECTURA LIMITED v. GLAXOSMITHKLINE LLC - Before Prost, Bryson, and Wallach. Appeal from the United States District Court for the District of Delaware Summary: Distinguishing prior art based on the structure of the...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at the Ninth: In Rem and Out of Time

This week, the Ninth Circuit creates a potential circuit split on personal jurisdiction in in rem proceedings, and clarifies whether a post-judgment motion for attorneys’ fees extends the time to appeal (spoiler alert: it...more

Womble Bond Dickinson

Eleventh Circuit Examines FCRA Willfulness Standard

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In an unpublished decision in the case of Shaun J. Younger v. Experian Information Solutions, Inc., the Eleventh Circuit Court of Appeals vacated the jury’s finding that Experian willfully violated the FRCA by failing to...more

Fish & Richardson

Post-Trial Motions: No Rest for the Post-Trial Attorney

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A party’s case-in-chief is closed or a verdict has just been delivered, and now it’s time for a variety of critically important post-trial motions to preserve a victory or overturn a defeat, or at least to preserve the right...more

White and Williams LLP

$500,000 Punitive Damages Award in Bad Faith Action Shocks Delaware Court’s Conscience and Justifies New Trial on Liability and...

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The Delaware Superior Court in Powell v. AmGuard Insurance Company, C.A. No. K17C-11-003 JJC, 2020 Del. Super. LEXIS 109 (Del. Super. Ct. Mar. 2, 2020) (Clark, J.) recently held that a jury’s $500,000 punitive damages award...more

Akin Gump Strauss Hauer & Feld LLP

Cancellation of Patent Claims through Reexamination Insufficient to Mount Collateral Attack on Multimillion-Dollar Jury Verdict

Judge Gilstrap in the Eastern District of Texas has denied defendants’ motion to stay the post-trial phase of a patent infringement litigation pending ex parte reexamination where the request for reexamination was filed four...more

Snell & Wilmer

District Court Issues Key Ruling on FCPA Definition of “Agent” for Purposes of Foreign Nationals

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On February 26, a federal district court in Connecticut acquitted the defendant in United States v. Hoskins on all counts related to the Foreign Corrupt Practices Act (“FCPA”). A jury had previously found the defendant guilty...more

A&O Shearman

Judge Grants Post-Trial Acquittal On FCPA Counts

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On February 26, 2020, a federal judge in Connecticut granted, in part, defendant Lawrence Hoskins’s post-trial motion for acquittal on seven counts relating to violations of the Foreign Corrupt Practices Act. United States v....more

Faegre Drinker Biddle & Reath LLP

Court Rejects Attempt to Treble $925 Million Statutory Damages Award

The District of Oregon recently denied a motion for treble damages following a jury verdict finding that defendant made over 1.8 million advertising calls to the named plaintiff and other members of a certified class....more

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