Exploring Procedural Justice | Judge Steve Leben | Texas Appellate Law Podcast
Direct Examination: Asking Questions in the Right Order
Podcast - The Basic Elements of Direct Examination
Tips for Conducting Remote Trials
Benefits of Remote Trials
Law Brief®: Hon. Norman St. George and Richard Schoenstein Explore Virtual Court Proceedings
Pending Supreme Court PTAB cases
When a lawsuit involves both inverse condemnation claims and other tort claims, trial courts often bifurcate the proceedings. A recent unpublished opinion from the Third District Court of Appeal, Rainey v. Nevada Irrigation...more
A recent Massachusetts Superior Court decision provides a cautionary tale for attorneys: you cannot take advantage of a drafting mistake by the opposing party. In Cahoon Capital Strategic Income Fund, LLC v. Ross, et...more
The District Court for the Northern District of California recently granted a defendant’s motion to bifurcate, ordering that issues related to PGR estoppel should be decided in a bench trial, while the remaining issues in the...more
When done well, valuation disputes are among the most interesting and rewarding cases to litigate. But on the other hand, few things are more frustrating to a court than two obviously “hired-gun” experts both peddling...more
In Board of Trustees of the PAMCAH-UA Local 675 Pension Fund v. SMAC Hawaii, Inc., 2025 U.S. Dist. LEXIS 192966 (D. Haw. Sept. 30, 2025), the pension fund sought to collect over $610,000 in ERISA withdrawal liability from...more
On August 14, 2025, Judge McMahon (S.D.N.Y.) issued a Final Judgment in favor of plaintiff Geigtech East Bay LLC (“Geigtech”) in the total amount of $5,951,153.15. See Geigtech E. Bay LLC v. Lutron Elecs. Co, Case No....more
The US Court of Appeals for the Ninth Circuit affirmed a district court’s denial of copyright protection for a car that had a name but no anthropomorphic or protectable characteristics. Carroll Shelby Licensing, Inc. v....more
An easement — an interest in the land of another entitling the easement owner to a limited use or enjoyment of another’s land — can be established by a variety of theories...more
U.S. Eleventh Circuit Court of Appeals - Middleton v. Hollywood Reporter - defamation, California limitations - Merritt Island Woodwerx v. Space Coast CU - arbitration - USA v. Doe - immigration, removal, failure to...more
The District of Delaware recently rejected a patentee’s argument that non-production of an opinion letter from counsel, combined with knowledge of the patent, warranted a finding that defendant induced infringement. ...more
In Perkins v. United States, Plaintiff Tristan Perkins sued the United States under the Federal Tort Claims Act (“FTCA”) for her mother Geraldine Perkins’ (“Decedent”) alleged wrongful death due to asbestos exposure. Alleging...more
The distinction between unjust enrichment claims and quantum meruit claims have long bedeviled courts and practitioners. In Core Finance Team Affiliates v. Maine Medical Center, the Law Court provided important guidance...more
Judge Conrad’s Final Judgment in Airtron, Inc. v. Bradley Allen Heinrich ends this years-long Chapter 75, trade secret case. No doubt, the plaintiff (Airtron) pushed this lawsuit to make a point: if you take our secrets, we...more
Court: Superior Court of Pennsylvania - Decedent Thomas Constantine was diagnosed with mesothelioma in December 2016. Mr. Constantine’s estate alleged that his mesothelioma was caused by exposure to asbestos during his...more
About 40 years ago, a son and his mother first teamed up to invest in purchasing and managing over a dozen buildings in New York through 4 co-owned entities, each owned on a 50/50 basis. Fast forward several decades and the...more
Q.D.S. Development, Inc. v. National Lining Systems, Inc., 2024 WL 357984 (Fla. 3d DCA Jan. 31, 2024) - It is common in construction disputes between sophisticated parties for the parties to agree to engage in a bench trial,...more
Judges represent not only their judicial office, but also the legitimacy of the judicial branch as a whole. For many Americans, their only interaction with the legal system may come from a single trip to the courthouse. This...more
In In re Poe Trust, a co-trustee of a trust filed suit to modify the trust to change distribution provisions, increase the number of trustees, and change the method for trustees to vote on issues as well as other...more
On January 18, 2024, the U.S. Bankruptcy Court for District of South Carolina entered judgment, after a bench trial, in favor of minority shareholders of a debtor whose liquidating trust had sued to recover dividend payments...more
Luv N’ Care, Ltd. v. Lindsey Laurain, Appeal Nos. 2022-1905, -1970 (Fed. Cir. Apr.12, 2024) - In this week’s Case of the Week, the Federal Circuit affirmed the district court’s bench trial decision that unclean hands...more
In the latest episode of the "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small shares insights on strengthening direct examinations. He stresses that every question should advance testimony in a...more
In this episode of "The Trial Lawyer's Handbook" podcast series, Holland & Knight litigation attorney Dan Small outlines the basics of an effective direct examination. He walks listeners through the six key elements of a well...more
On May 2, 2023, the U.S. Court of Appeals for the Federal Circuit issued a precedential opinion in HIP, Inc. v. Hormel Foods Corp. that reversed a district court’s decision to grant plaintiff’s request to have their employee...more
It’s unlikely the extended Evenstad family, former owners and heirs of the Upsher-Smith company, will be celebrating Thanksgiving together this year. After all, the last time the family got together was likely for the 16-day...more
A high-level IT worker who claimed he was discriminated against because of his medical condition was not entitled to a jury trial or monetary damages for his retaliation claim under the Americans with Disabilities Act (ADA)....more