Evidence, Jury Instructions

Practice Insight: A Big Little Thing at the End of a White-Collar Criminal Trial

Lippes Mathias LLP on 5/30/2024

The criminal trial of former President Trump in New York state court reminds experienced practitioners of some of the big issues that white-collar defense attorneys wrestle with as a trial comes to an end. The jury and the...more

Georgia Appellate Court Signals Adoption of Federal Precedent for State Pattern Jury Instructions

BCLP on 10/30/2023

The Georgia Court of Appeals recently considered a challenge to Georgia’s preponderance-of-the-evidence pattern jury instruction, which is based upon a repealed version of Georgia’s prior evidence code. Reading from the...more

Correcting the Pattern: Pattern Jury Instructions Can Be Challenged

Troutman Pepper on 10/26/2023

As any seasoned trial attorney will tell you, one of the key events during a jury trial is the reading of the jury instructions to the jury. During the reading of the instructions, for a lengthy amount of time, the jury hears...more

Effective Immediately: Jury Requests To Review Testimony In Civil Cases Is Governed By Florida Rule Of Civil Procedure 1.453

Butler Weihmuller Katz Craig LLP on 3/31/2023

Previously, the Second District Court of Appeal extended to civil cases the holding in Hazuri v. State, 91 So. 3d 836 (Fla. 2012), a criminal case addressing readbacks to the jury following a request for trial transcripts....more

The $740 Million Jury Question: Massive Trade Secrets Award Overturned Because of Erroneous “Improper Means” Instruction

Orrick - Trade Secrets Group on 6/25/2020

The right to a jury trial is one of the most important features of modern trade secrets law. But as a recently issued Order from the Texas Fourth Court of Appeals (“Court of Appeals”) illustrates, the jury trial right is...more

AseraCare Settlement Ends Medical Judgment False Claims Act Case With a Whimper

Perkins Coie on 3/10/2020

The U.S. Department of Justice (DOJ) has reached a settlement with hospice company AseraCare, closing a 12-year-old saga that carries substantial implications for False Claims Act (FCA) enforcement in cases involving a...more

Know that the Law Does Matter in Deliberations (But Not Necessarily Your Version of the Law)

Holland & Hart - Your Trial Message on 8/30/2019

In the real world, disputes are often settled by someone with more or better knowledge, or at least someone claiming to have more or better knowledge. The courtroom, however, is different. It is a setting that is designed to...more

Understand the Two-Edged Sword of Subsequent Remedial Measures

Holland & Hart - Your Trial Message on 8/20/2019

When an alleged hazard exists and causes a person to be injured, then maybe a business might think about fixing it. But would the fix amount to a confession and cause the business to own that prior liability? That’s the...more

PA Supreme Court Confirms Risk/Complication Evidence Is Admissible for Standard of Care and Causation in Med Mal Cases

White and Williams LLP on 6/20/2019

In a win for healthcare providers, the Pennsylvania Supreme Court confirmed in Mitchell v. Shikora that evidence of the risks and complications of a surgical procedure may be admissible in a medical negligence case that does...more

Expert’s Lump-sum Damage Calculation is Not Inadmissible Because it Accounts for Future Sales of Potentially Non-accused Products

Mintz - Intellectual Property Viewpoints on 4/1/2019

A recent order from the District of Delaware in Evolved Wireless, LLC v. Apple Inc., No. 15-00542 (“Evolved Wireless”) provides interesting guidance regarding the use of future sales in calculating lump-sum damages. This...more

Don’t Underestimate Just How Much Jurors Want to Reach an Independent Decision

Holland & Hart - Your Trial Message on 5/17/2018

Add this one to the list of reasons why sequestering the jury can be a problem, and more generally, to the “Juries can do strange things” category. The night before deliberations, at the end of a five-week murder trial, four...more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

Schwabe, Williamson & Wyatt PC on 1/22/2018

In the sole precedential patent case decided this week, Flexuspine v. Globus, the Circuit affirms rulings of the district court relating to verdict forms where the verdict form included a “stop” instruction in the event the...more

Second Circuit Overturns Convictions Of Former Senate Majority Leader Dean Skelos And His Son Based On Supreme Court's McDonnell...

A&O Shearman on 10/3/2017

On September 26, 2017, the United States Court of Appeals for the Second Circuit overturned the political corruption conviction of the former majority leader of the New York State Senate, Dean G. Skelos, and his son, Adam B....more

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