Reversible Error

Hot Dog Eye Injury Lawsuit Against Kansas City Royals – Instant Replay

by Lanier Law Group, P.A. on 2/21/2013

John Coomer claimed that he was injured when he was hit in the eye by a foil wrapped hot dog, shot out of an air cannon by Royals' mascot Slugerr, during a 2009 Kansas City Royals game. He sued the Royals for his injuries...more

Seagulls on the Water?¹ Has California Supreme Court Indicated A Major Change in Direction for the Admissibility of Expert Opinion...

by Thomas LoSavio | Low, Ball & Lynch on 2/18/2013

California courts have generally granted qualified experts wide latitude in permitting their opinion testimony to be heard by a jury. In the recent case of Sargon Enterprises, Inc. v University of Southern California (2012)...more

Appealing Propositions: Appellate Issues In The Law - Distinguishing Between Error and Reversible Error; Recognizing and Avoiding...

by Stephen Groves | Nexsen Pruet, PLLC on 2/14/2013

Right after the judge or the jury renders a “bad verdict” we all have undoubtedly heard, at least, one our clients say they want to appeal the case “all the way to the United States Court, if that’s what it takes to get...more

Health Care Fraud Restitution Amounts Can't Be Set On Just An Insurance Company Saying It Would Like A Lot Of Money

by Matthew G. Kaiser | The Kaiser Law Firm PLLC on 1/25/2013

Two doctors, married to each other, were accused of health care fraud. They pled guilty and fought at sentencing about the amount of the restitution that they would have to pay back to the insurance companies for what they...more

Supreme Court Grants Certiorari on Government’s Petition Regarding Judicial Participation in Plea Negotiations

by Christine Pickel | Saul Ewing LLP on 1/24/2013

On January 4, the Supreme Court of the United States granted the government’s petition for certiorari in an appeal involving Federal Rule of Criminal Procedure 11(c)(1)....more

Condominium Purchaser’s Cancellation Rights Under Florida Statute Section 718.503

by Neha Dagley | Schecter Law on 1/11/2013

Florida Statute section 718.503(1)(a)1. states, in relevant part, that a contract for the sale of a residential unit must...more

Toxic Tort and Environmental Law Update: January 2013 - Ninth Circuit Vacates $10 Million Asbestos Verdict, Citing Trial Court’s...

by Eliot Harris | Sedgwick LLP on 1/7/2013

The Ninth Circuit Court of Appeals recently vacated a $10 million jury verdict and remanded Barabin v. AstenJohnson, Inc, et. al. back to Washington federal district court for a new trial after concluding that the district...more

The Second Circuit Reverses A Conviction For Tax Evasion Based On Insufficient Evidence

by Matthew G. Kaiser | The Kaiser Law Firm PLLC on 12/28/2012

Five partners at Ernst & Young - Robert Coplan, Martin Nissenbaum, Richard Shapiro, and Brian Vaughn, and Charles Bolton - were charged with a number of tax crimes in federal court in New York, specifically tax evasion,...more

The Second Circuit Reverses A Conviction For Tax Evasion Based On Insufficient Evidence

by Matthew G. Kaiser | The Kaiser Law Firm PLLC on 12/28/2012

Five partners at Ernst & Young - Robert Coplan, Martin Nissenbaum, Richard Shapiro, and Brian Vaughn, and Charles Bolton - were charged with a number of tax crimes in federal court in New York, specifically tax evasion,...more

Patent Watch: Presidio Components, Inc. v. Am. Tech. Ceramics Corp.

by Lawrence M. Sung | BakerHostetler on 12/21/2012

[A] finding of no competition for the purpose of irreparable harm conflicts with the clear finding of competition for the purpose of awarding damages. On December 19, 2012, in Presidio Components, Inc. v. Am. Tech....more

California Court of Appeal Overturns $1.3 Million in Damages and Attorneys’ Fees against Lucasfilm for Failure to Give Instruction...

by Steve Chariyasatit, Kristen Jacoby, Gary Siniscalco | Orrick - Global Employment Law Group on 12/19/2012

On December 10, 2012, in Veronese v. Lucasfilm Ltd., a California Court of Appeal overturned a Marin County jury’s verdict against Lucasfilm based on its finding that several errors in jury instructions prejudicially affected...more

North Carolina Court of Appeals Allows Borrower to Take Breach of Fiduciary Duty Claims Against Lender to a Jury

by David Dreifus | Poyner Spruill LLP on 12/19/2012

In what may be a first for a North Carolina appellate court, the North Carolina Court of Appeals has reversed the entry of summary judgment for a lender on a borrower’s breach of fiduciary claim. In Dallaire v. Bank of...more

Patent Watch: OSRAM Sylvania, Inc. v. Am. Induction Techs., Inc.

by Lawrence M. Sung | BakerHostetler on 12/18/2012

[W]e have emphatically rejected any formal burden-shifting framework in evaluating the four Graham factors [including the objective considerations of nonobviousness]. The district court's failure to consider the evidence...more

Fourth Circuit Reverses Decision Holding Employer's Promise Not to Retaliate Modified At-Will Employment, Rejects Breach of...

by Nancy N. Delogu, Steven E. Kaplan | Littler on 12/17/2012

On November 27, 2012, in Scott v. Merck & Company, Inc., the U.S. Court of Appeals for the Fourth Circuit reversed a jury verdict of more than $500,000 in favor of Jennifer Scott, a former Merck & Co., Inc. employee. The...more

Court Of Appeal Finds Error In Refusal To Give “Business Judgment” Instruction To Jury

by Keith Paul Bishop | Allen Matkins Leck Gamble Mallory & Natsis... on 12/14/2012

Justice Russell C. Ostrander: “judges are not business experts.” Dodge v. Ford Motor Co., 204 Mich. 459, 508 (1919) A few days ago, I wrote about U.S. District Court Judge Dale S. Fischer’s refusal to extend the...more

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Hot Dog Eye Injury Lawsuit Against Kansas City Royals – Instant Replay

Seagulls on the Water?¹ Has California Supreme Court Indicated A Major Change in Direction for the Admissibility of Expert Opinion...

Appealing Propositions: Appellate Issues In The Law - Distinguishing Between Error and Reversible Error; Recognizing and Avoiding...

Health Care Fraud Restitution Amounts Can't Be Set On Just An Insurance Company Saying It Would Like A Lot Of Money

Supreme Court Grants Certiorari on Government’s Petition Regarding Judicial Participation in Plea Negotiations

Condominium Purchaser’s Cancellation Rights Under Florida Statute Section 718.503

Toxic Tort and Environmental Law Update: January 2013 - Ninth Circuit Vacates $10 Million Asbestos Verdict, Citing Trial Court’s...

The Second Circuit Reverses A Conviction For Tax Evasion Based On Insufficient Evidence

The Second Circuit Reverses A Conviction For Tax Evasion Based On Insufficient Evidence

Patent Watch: Presidio Components, Inc. v. Am. Tech. Ceramics Corp.

California Court of Appeal Overturns $1.3 Million in Damages and Attorneys’ Fees against Lucasfilm for Failure to Give Instruction...

North Carolina Court of Appeals Allows Borrower to Take Breach of Fiduciary Duty Claims Against Lender to a Jury

Patent Watch: OSRAM Sylvania, Inc. v. Am. Induction Techs., Inc.

Fourth Circuit Reverses Decision Holding Employer's Promise Not to Retaliate Modified At-Will Employment, Rejects Breach of...

Court Of Appeal Finds Error In Refusal To Give “Business Judgment” Instruction To Jury

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