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Evidence Jury Trial

Holland & Hart - Your Trial Message

Don’t Reduce Jurors to Their Political Identities (But Don’t Ignore It Either)

Whether we are talking about Minnesota or Greenland, or a score of other contested narratives within the field of political conflict, the role of a person’s ideological and partisan leaning has probably never been more...more

Offit Kurman

Power, Proof, and Perception in the Blake Lively–Justin Baldoni Litigation

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This blog provides an update on the ongoing litigation involving Blake Lively and Justin Baldoni. If the original blog explored how this case began, this chapter is about what it has become....more

Baker Botts L.L.P.

Fourteenth Court of Appeals Further Limits Non-Economic Damages in ExxonMobil v. Brown

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In ExxonMobil Corp. v. Brown, the Fourteenth Court of Appeals has continued appellate-court efforts to define the contours of proving and evaluating non-economic damages in Texas....more

Maison Law

What to Expect if Your California Personal Injury Goes to Trial

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If you're heading to trial in California for your personal injury case, it's probably pretty scary - especially when you thought this whole thing would've been settled by now. Most of these cases get worked out without ever...more

McGuireWoods LLP

Circuit Court Recognizes Criminal Defense That Seems Too Good to Be True

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A recent federal appeals court ruling raised eyebrows for its view of an implied privilege waiver. Waivers can be express or implied. The former can occur with the disclosure of a document’s content. The latter can be more...more

Holland & Knight LLP

Podcast - Reading the Room

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In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small continues the discussion of U.S. v. Rendle and explains why reading the room matters in court. Mr. Small shows how judges, juries and the pace of...more

Husch Blackwell LLP

Burden Shifting in Closing Arguments: Lessons from Harrell v. City of Chicago

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The proper allocation of the burden of proof during closing arguments is a recurring issue in civil litigation. On August 19, 2025, the Illinois First District Court of Appeals affirmed the trial court’s decision to grant a...more

Bond Schoeneck & King PLLC

Second Circuit Clarifies Standards for Religious Accommodations in Employment Cases

The U.S. Court of Appeals for the Second Circuit recently clarified how courts must evaluate an employee’s claimed religious beliefs when assessing requests for religious accommodations. In Gardner-Alfred v. Federal Reserve...more

Tyson & Mendes LLP

I Object! Are You Comfortable Using Legal Jargon in Everyday Life?

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One of the most famous fictional lawyers in recent history is Elle Woods, the fictional main character in the novel Legally Blonde, who sought admission to Harvard Law School in part because of her comfort using legal jargon...more

Bradley Arant Boult Cummings LLP

Hashing It Out: What the Final Chapter of the Sirois Case Teaches Us

On November 18, 2025, United States v. Sirois finally came to an end when Lucas Sirois and his father, Robert Sirois, were found guilty in the District of Maine on multiple charges related to a conspiracy to cultivate and...more

Holland & Knight LLP

Show and Tell

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In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small makes the case for "show and tell" in the courtroom. As he contends, jurors do not learn best by listening alone, so powerful...more

Maison Law

When to Settle Versus Going to Trial in Personal Injury Cases

Maison Law on

A personal injury can leave you reeling from the shock of dealing with physical pain, a loss of your abilities and seeing bills stacking up fast. The urge to accept the first settlement offer you receive is normal, especially...more

Holland & Knight LLP

Podcast - Telling the Whole Story

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In this episode of his "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small emphasizes the importance of providing the jury with all relevant facts to help them discern the truth. At times, however,...more

EDRM - Electronic Discovery Reference Model

Attorneys Sanctioned for Social Media Research on Prospective Jurors

A trial court imposed a $10,000 sanction on attorneys for conducting juror research on a social media platform in a $174 million lawsuit.  Elliot Weld, Alston & Bird Sanctioned $10K For LinkedIn Juror Research – Law360 (Oct....more

Holland & Hart - Your Trial Message

Address the Off-Stage Character in Your Trial Story: Settlement

Supporters of America’s traditional jury trials like the idea of a system of conflict resolution based on evidence, reasoning, and the public’s judgment. Those supporters, and I include myself in that group, believe that...more

Knobbe Martens

Expert Testimony Fails to Support Jury’s Infringement Verdict

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FINESSE WIRELESS LLC v. AT&T MOBILITY LLC - Before Moore, Linn, and Cunningham. Appeal from the United States District Court for the Eastern District of Texas. Unclear and internally inconsistent expert testimony was not...more

Holland & Knight LLP

Podcast - Clarity Over Complexity at Trial

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In this episode of "The Trial Lawyer's Handbook," litigation attorney Dan Small explains why simplifying a complex case is essential to persuading a jury. Recalling the federal prosecution of U.S. budget director Bert Lance,...more

IMS Legal Strategies

Visualizing Injury: How Medical Illustrations Support Expert Testimony

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Clear, compelling visuals can be critical to achieving favorable outcomes in high-stakes disputes. As a Certified Medical Illustrator with more than three decades of litigation support experience, Philip (Phil) Ashley knows...more

Miller Johnson

No Fuel For Games: Federal Circuit Rejects Shifting Litigation Tactics 

Miller Johnson on

Magēmā Technology LLC v. Phillips 66, No. 24-1342 (Fed. Cir. Sept. 8, 2025) - On September 8, 2025, the Federal Circuit reversed and remanded a judgment in Magēmā Technology LLC v. Phillips 66, which held that the district...more

Sheppard Mullin Richter & Hampton LLP

Unanimity on Trial: Federal Circuit Tosses $300 Million for Optis in Apple–Optis LTE Patent Wars

The Federal Circuit’s analyzed proper jury verdict form procedures and evidentiary rules in the context of LTE standard-essential patent litigation between Optis and Apple. The Court addressed the intersection of jury...more

A&O Shearman

A Defendant Cannot Withhold Evidence or Contend Evidence is Unnecessary During Discovery but Argue at Trial That Plaintiff Cannot...

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Plaintiff Magēmā Technology LLC (“Magēmā”) sued Phillips 66, Phillips 66 Co., and WRB Refining LP (together, “Phillips”) asserting two patents related to making residual heavy marine fuel oil (“HMFO”) with low sulfur content....more

PilieroMazza PLLC

Artificial Intelligence or Artificial Interference?: How AI is Reshaping Litigation for Better and Worse

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Artificial intelligence (AI) is rapidly transforming the modern-day legal landscape, offering tools for research, drafting, document review, and jury selection, and even predicting case outcomes. If used correctly and with...more

Marshall Dennehey

Superior Court Reverses New Trial, Finds Expert Testimony Objection Waived by Failure to Re-Raise at Trial

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E. Wingate and R. Davis v. McGrath, 2879 EDA 2023, 2025 WL 1090887 (Pa. Super. Apr. 10, 2025) - On appeal, the Superior Court of Pennsylvania reversed an order granting a new trial and remanded the case for entry of judgment...more

Marshall Dennehey

Appellate Division Upholds Defense Victory and $500K Fee Award in New Jersey Legal Malpractice Case

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Jack Slimm and Jeremy Zacharias, of our Mount Laurel, New Jersey, office, secured a significant victory in the New Jersey Appellate Division in Cohen v. Weg & Meyers, P.C., A-2082-22 (App. Div. Aug. 6, 2025), affirming the...more

McDermott Will & Schulte

Identical or not? Jury can’t decide issues of claim construction

The US Court of Appeals for the Federal Circuit reversed a district court’s denial of a motion for judgment as a matter of law (JMOL) of noninfringement, finding that the jury’s infringement findings were unsupported by...more

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