Trials

News & Analysis as of

Tenth Circuit Clarifies When Trial Is Necessary To Determine Arbitrability

In a beautifully written opinion, the Tenth Circuit examined an under-used aspect of the Federal Arbitration Act this week: having a jury or court trial. Usually disputes about arbitrability can be determined on a motion akin...more

The use of medical reports at trial – Campbell v. Roberts

The use of a physician’s medical reports at trial has been a recurring topic in the Courts recently. One of the issues that has been the focus of recent judicial commentary concerns the use that can be made of medical...more

Order out of chaos

The strategy and skills behind witness order and scheduling at trial - The defense was putting on its case. The lawyer, a trial veteran, was good. But not great with time estimates. Adding to the pressure: a trial...more

Four Things Every Trial Lawyer Should Know About Civil Writs

This post is the sixth in an ongoing series about maximizing a party’s chances of prevailing on appeal. A frequently asked question by trial lawyers is whether and when to seek review of a trial court order by way of a...more

I, Juror No. 3

Since I became a practicing lawyer, I’ve been called for jury duty four times: twice in Dallas County (where I lived from 1997 to 2003), and twice in Travis County (where I live now). This past week, I served my second stint...more

Short Wins - The Fair Trial, New Yorker, And Voting Link Edition

Before we get to the last week's wins in the federal circuits, three things: First, I think the most interesting opinion from the federal circuits in the last week is United States v. Murray from the Second Circuit. ...more

Short Wins - The Greg Poe Vindicates An AFPD's Reputation Edition

Last week's wins are below - and there are some great reads. But today, let's congratulate Greg Poe for his work challenging sanctions imposed on a fine career AFPD in the Sixth Circuit....more

Georgia Federal Court Rules That Dodd-Frank Whistleblowers Are Not Entitled To A Jury Trial

On November 12, 2013, a Georgia district court ruled that Dodd-Frank whistleblowers are not entitled to a jury trial or punitive damages. Pruett v. BlueLinx Holdings, Inc., No. 13-cv-02607 (N.D. Ga., Nov. 12, 2013). This is a...more

What to Expect at Your Arizona Debt Collection Trial

When one thinks of trials images of Perry Mason or Atticus Finch may come to mind. But when it comes to debt collection law suits things are a little less grand. In Arizona most debt collection (particularly Debt Buyer...more

Michael Skakel new trial decision shows how New Jersey Supreme Court wrongly decided State v. Miller

Yesterday, the Honorable Thomas Bishop, a sitting judge of the Superior Court of the State of Connecticut, issued a thoughtful, and comprehensive, 136 page opinion granting Kennedy cousin Michael Skakel a new trial on charges...more

Losing the Right to Cross-Examine: Anonymous Tips and Trials

Serious controversy surrounds a police officer’s right to stop, question and search a suspect based on an anonymous tip. Unless the officer observes dangerous and disruptive behavior that warrants detention, a criminal...more

International Practice Alert: September 2013 - When Can A Foreign Consulate Appear For A Foreign Citizen?

Estate litigation and probate proceedings are sometimes complicated when a beneficiary, close family member or other interested party is a citizen of a foreign nation. In an attempt to ease this burden, international...more

Contrasting U.S. Litigation And International Arbitration

American litigators know that there is often a tortuous road between the filing of the complaint and trial. The parties’ positions, and how each side views the facts, tend to evolve through the initial pleadings, amended...more

Working with Experts: Are We Off the Record?

I. INTRODUCTION - Working with expert witnesses can be one of the most vexing aspects of a litigator’s job. The real or perceived need for expert testimony has grown to the point that experts are involved in many if...more

CFPB Finalizes Trial Disclosure Policy

On October 3, the CFPB finalized the trial disclosure policy proposed in December 2012 as part of Project Catalyst, which allows companies to apply for a waiver to test potential disclosure improvements on a trial basis. The...more

State v. Miller – New Jersey Supreme Court Gives Short Shrift to Right to Counsel

No person, rich or poor, guilty or not guilty, should be forced to endure the rigors and risks of a criminal trial the very same day he is introduced to his attorney. No attorney can ever be prepared adequately to try a case...more

Kimberly-Clark v. First Quality: Request to Require Defendant to Present Deposition Testimony in Plaintiff's Case Denied Because...

As this patent infringement action proceed toward trial, plaintiff Kimberly-Clark Worldwide, Inc. ("Kimberly-Clark") filed a request with the district court on an "extremely time-sensitive case management issue concerning the...more

Federal Judges And Corporate Settlement Agreements

FCPA commentators frequently characterize the Department of Justice as the investigator, prosecutor, judge and jury when it comes to corporate FCPA investigations and settlements. Given the fact that few corporations, if...more

Illinois Supreme Court Announces Upcoming Dates for New Opinions and PLA Orders

The Illinois Supreme Court has announced the dates on which it expects to issue opinions as well as issuing other dispositive orders during the first two months of its temporary stay at the Michael A. Bilandic Building in...more

African Trial Advocacy Program improves Legal Services and Quality of Life in Botswana

Attorney Dean Brett, of the Brett Murphy Law Firm of Seattle, recently returned from a volunteer position teaching trial advocacy in Botswana, Africa, through Justice Advocacy Africa (JAA), a non-profit organization founded...more

Texas Whistleblower Act Has Jurisdiction

A state employee sent an email to a superior declaring that if a particular contract were not honored, then the entire department would not be complying with federal regulation. After being fired, the employee sued under the...more

Definitely Not Short Wins

On this, the Monday after Labor Day, I suspect many of us have the feeling that work piles up when you leave the office. And, with last week off from Short Wins, that's definitely what happened here....more

A Close Look At Texas' New Expedited Trial Rules

The Texas Supreme Court recently promulgated new rules that require plaintiffs to bracket the damages sought in their initial pleadings and provide an expedited trial process for cases where less than $100,000 is in...more

Bank of America Fraud Case Headed to Trial

An order yesterday by U.S. District Judge Jed Rakoff in New York clears the way for a trial on September 23 in a government lawsuit accusing Bank of America Corp. of fraud in the sale of billions of dollars of toxic mortgage...more

Matria Healthcare Insider Traders Will Go to Trial

The US District Court for the Northern District of Georgia denied a motion for partial summary judgment in the Security and Exchange Commission’s insider trading case against Earl Arrowood and Parker Petit. The SEC alleges...more

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