News & Analysis as of

Jury Instructions

Marshall Dennehey

Commonwealth Court Vacates Verdict, Holding Comparative Negligence Instruction Improper in Dog Attack Case

Marshall Dennehey on

Coffin v. Carbon County Animal Shelter, 2025 WL 2048561 (Pa. Cmwlth. 2025) - When the plaintiff, a volunteer at the dog shelter, arrived at the shelter, a dog on a leash jumped up. The plaintiff moved away and told an...more

Faegre Drinker Biddle & Reath LLP

Nothing Shocking Here – Eleventh Circuit Affirms Defense Win in Electroconvulsive Therapy Case

When a case involves electroconvulsive therapy (ECT), one might think it originated out of the Twilight Zone. Despite the misrepresentation of such therapies in popular media, modern ECT serves as a valuable option for...more

Rumberger | Kirk

Navigating the Shift: Florida’s Comparative Negligence Jury Instructions After HB 837

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In March 2023, House Bill 837 was signed into law, passing sweeping tort reform aimed at bringing balance to Florida’s tort litigation. The bill was intended to fix what many in Florida saw as a broken system by reducing the...more

EDRM - Electronic Discovery Reference Model

Rule 37(e)(1) Sanctions for Breach of Duty to Preserve Communications

Sanctions were imposed on plaintiff for breach of the duty to preserve certain communications in Cooper v. Balt. Gas & Elec. Co., 2025 WL 2774847 (D. Md. Sep. 30, 2025)(Rubin, J.)....more

Carlton Fields

Florida Appeals Court Decisions Week of September 22 - 26, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Watkins v. Davis - § 1983, qualified immunity - USA v. Leahy - race-based intimidation, constitutional challenge, instructions - USA v. Schmitz -search and seizure - ...more

McDermott Will & Schulte

Oh brother: Draft settlement agreements carefully

The US Court of Appeals for the Eighth Circuit affirmed a district court judgment, finding that the plaintiff failed to sufficiently prove damages for its copyright claim, the jury instructions accurately applied the...more

Winstead PC

Court Reversed Judgment Against A Trustee Due To Jury Instruction Errors And Also Held That A Party Is Not Entitled To A Jury...

Winstead PC on

In White v. White, an income beneficiary of a trust was retained to manage ranch property. 704 S.W.3d 250 (Tex. App.—El Paso 2024, no pet.). He later became trustee of the trust and ratified his employment and the employment...more

Esquire Deposition Solutions, LLC

How Jury Instructions Can Support Deposition Preparation

Experienced litigators often describe successful trial preparation as a process that begins with identifying desired outcome, followed by “reverse engineering” the constituent parts of the desired result....more

Marshall Dennehey

Superior Court Affirms New Trial in Zoo Injury Case Over Omitted Open and Obvious Jury Instruction

Marshall Dennehey on

Janik v. Zoological Society of Philadelphia, 2025 Pa. Super. 90 (Pa. Super. Apr. 22, 2025) - The Superior Court of Pennsylvania affirmed an order granting a new trial, as the jury was not instructed on the open and obvious...more

Carlton Fields

Florida Appeals Court Decisions Week of June 23 - 27, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - USA v. Zayas - currency transaction report, filing - Cunningham v. Cobb - § 1983, qualified immunity...more

Miller Canfield

Apple’s Second Bite Is Successful: Federal Circuit nixes Optis verdict involving Standard Essential Patents due to jury...

Miller Canfield on

Apple has escaped a $300 million patent infringement verdict after a three-judge panel of the United States Court of Appeals for the Federal Circuit vacated both the infringement and damages judgment because of faulty jury...more

Morgan Lewis

Public Use and Estoppel Reexamined: Strategic Lessons from Ingenico

Morgan Lewis on

This LawFlash details strategic takeaways and practical lessons from the recent US Court of Appeals for the Federal Circuit case on IPR estoppel, evidence of public use, and jury instructions on specific issues....more

Cohen Seglias Pallas Greenhall & Furman PC

When Parental Discipline Becomes a Legal Issue: Key Takeaways from State v. Franck A. Amang for NJ Family Law Practitioners

The line between lawful parental discipline and criminal conduct can be a legal tightrope—especially when the Division of Child Protection and Permanency (DCP&P) is involved. The recent Appellate Division decision in State v....more

Carlton Fields

Florida Appeals Court Decisions Week of March 10 - 14, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Albert v. Ass’n of Anti-Money Laundering - ADA, § 309 - NRA v. Bondi - firearms, sales to minors, young adults, constitutional challenges - Org of Prof Aviculturists v. FDLA...more

IMS Legal Strategies

From the Classroom to the Courtroom: Adopting a Juror-Focused Mindset

IMS Legal Strategies on

Three years of law school can teach us many things. But what they do not do very well—as we typically discover soon after graduating—is prepare us for the actual practice of law. For those of us who always planned to be...more

Carlton Fields

Florida Appeals Court Decisions: Week of December 2-6, 2024

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - USA v. Simmons - playing video in closings - Nehme v. Fla Int’l Univ Bd of Trustees - ADA, medical school - USA v. Graham - RICO saga, search and seizure, jury selection,...more

Proskauer - Trade Secrets

Virginia Court of Appeals Vitiates Multi-Billion Dollar Trade Secrets Verdict

Finding errors in the lower court’s jury instructions and evidentiary rulings, the Virginia’s Court of Appeals struck down a $2 billion trade secrets award, the largest trade secrets verdict in the state’s history. Despite...more

Sands Anderson PC

Incomplete Appellate Record Dooms Appeal: Lessons for Appellate Practitioners

Sands Anderson PC on

The Supreme Court of Virginia taught appellate practitioners yet another hard lesson in how procedural pitfalls can scuttle otherwise compelling appeals. In Eckard v. Commonwealth, the pitfall was failing to get the complete...more

Holland & Hart - Your Trial Message

When You Concede Liability, Make Sure You Concede With Benefits

Sometimes in civil cases, the plaintiff’s liability claim is opportunistic, wishful, or factually weak. Other times, it is real. Someone didn’t do their job, a danger was missed, or — in that Olympic champion of passive-voice...more

Proskauer Rose LLP

Latest 'Nuclear Verdict' Underscores Jury-Trial Employer Risk

Proskauer Rose LLP on

Last month, in Jane Doe v. Alkiviades David, a Los Angeles Superior Court jury returned a verdict in a sexual assault and harassment case in the amount of $900 million. This verdict is one of the largest ever for a...more

Holland & Knight LLP

Virginia Court of Appeals Reverses Historic Trade Secret Verdict

Holland & Knight LLP on

A Fairfax County, Virginia, jury in May 2022 found that Pegasystems Inc. (Pegasystems) misappropriated trade secrets from its competitor, Appian Corp. (Appian), and awarded Appian more than $2 billion in damages – the largest...more

Proskauer - Minding Your Business

For All Intents and Purposes the Ninth Circuit Shakes Up Antitrust Law With Sidibe v. Sutter Decision

The June 4, 2024 Ninth Circuit Court of Appeals decision in Sidibe v. Sutter Health marks a potential shift in how rule of reason antitrust cases are approached and adjudicated. The opinion underscores the significance of...more

Mintz - Antitrust Viewpoints

Reversible Error: District Court Stutters, Ninth Circuit Shudders, Litigation Continues for Sutter

Over ten years ago, individuals and businesses insured by health plans that contract with Sutter Health filed a class action lawsuit against Sutter Health alleging antitrust violations under federal and California laws....more

Lippes Mathias LLP

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

Lippes Mathias LLP on

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

Maron Marvel

Avoiding Pitfalls of Special Interrogatories

Maron Marvel on

The use of special interrogatories given to juries to render verdicts has been said to be “admittedly fraught with many pitfalls in the potential conflicts between the general verdict and the interrogatories,” and is “nothing...more

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