Right to a Jury

News & Analysis as of

Five Advantages to Section 18 – A New Weapon for Institutions

Section 18 of the Securities Exchange Act, while seldom used in the past, has been increasingly used by institutional investors in suits against banks and other entities. The advantages of Section 18 are as follows...more

"Order on Confusion": District Court Orders Parties to Submit Jury Instructions "in Plain Language" or Waive Right to Jury Trial

In this patent infringement action between i-Tec Well Soultions, LLC ("i-Tec") and Peak Completion Technologies, Inc. ("Peak"), the district court issued an unusual order as the case approached trial....more

No Right to Jury Trial for Consumer Fraud Claim in Pennsylvania

The Pennsylvania Supreme Court recently refused to grant plaintiffs' request to review a Superior Court decision in December 2012 that held there is no right to a jury trial for claims brought under Pennsylvania's Unfair...more

July 2013: Trial Practice Update

Second Circuit Judge Advocates for System to Certify Questions of Foreign Law. In its recent decision reversing Citigroup’s jury win over Terra Firma, the Second Circuit Court of Appeals found the trial court misapplied...more

Having no standard jury trial waiver form is bad form

The New Jersey court system relies upon a straggling variety of standard forms used each day for a variety of purposes. In criminal cases, there are standard forms used to memorialize the arraignment of a defendant on a new...more

California High-Speed Rail - What You Need To Know

Project Overview - The California High-Speed Rail Authority (“HSR”) plans to build an 800-mile high-speed rail system stretching from San Francisco to Los Angeles/Anaheim and eventually to Sacramento and San Diego. The...more

Covenant Judgments in Washington – Reasonableness Determined on Five Days’ Notice to the Insurer and Without a Jury: Bird v. Best...

In Bird v. Best Plumbing Group, LLC and Farmers Insurance Exchange, Wash. No. 86109-9 (October 25, 2012), the Washington Supreme Court held that: (1) insurers have no constitutional right to a jury determination of whether...more

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