News & Analysis as of

Jury Trial

Instruct the Jury Accurately on Witness Credibility

Given the nature of my involvement in cases, I’m not often present in the courtroom when the jury receives its instructions. But I remember one time that I was. As the judge read out the sections focusing specifically on the...more

Federal Circuit Review - February 2018

by Knobbe Martens on

Improperly Drafted Employment Agreement Leads to Dismissal of Patent Case Due to Lack of Standing - In Advanced Video Technologies LLC v. HTC Corporation et al., Appeal Nos. 2016-2309, 2016-2310, 2016-2311, the Federal...more

Take a Second Look at Why Per Diem Damage Requests Work

As a litigation consultant with an academic background, I am in a unique position: I stay abreast of the social science research (the blog schedule makes sure of that), but I also spend my days working with trial lawyers on...more

Make Your Redirect Something Other Than a Repair Job

Her key witness is still on the stand. Direct examination went well, and now the other side’s cross-examination is just wrapping up. Standing up for redirect, the attorney looks at her notes: Coming out of cross, there’s a...more

Ask Social-Circle Questions

Do you think you miss valuable information in voir dire? What about your friends and colleagues who are trial lawyers: Do you think they miss valuable information in voir dire?...more

Key California Employment Law Cases: January 2018

by Payne & Fears on

This month’s key California employment law cases both involve jury trials of discrimination claims, and the extent to which the plaintiffs were able to recover attorney’s fees and damages....more

Vaccinate Against Bad Arguments

How do you protect yourself against the nasty flu that is going around this winter? Well, you can partially protect yourself with a vaccination. Introducing your body to a weakened form of the bug helps to build up your...more

Arizona Jury Awards Over $6 Million Against Insurer in Bad Faith Case

by Jaburg Wilk on

The Award - In McClure v. CC Services Inc. & Country Life Insurance Company dba Country Life Financial, an Arizona insurance bad faith case arising from a disability claim, a jury awarded $1.29 million in compensatory...more

JAMS Boston Newsletter - Winter 2018

by JAMS on

Employment Q&A: “Workplace Enforcement in Flux” - On October 24, JAMS Boston hosted an exciting employment law panel discussion co-presented by Massachusetts Lawyers' Weekly. Jenny Yang, Commissioner of the Equal...more

Turn Your Passive Juror Into an Active Advocate: Seven Ways

Persuading a group that will then go off and deliberate is a unique persuasive setting. In a way, it can be called ‘Second Order’ persuasion, because it isn’t just about the person being convinced in the moment they’re...more

Directors Fail To Escape Liability For Approving Dividend

by Allen Matkins on

I last wrote about FDIC v. Ching, 2014 U.S. Dist. LEXIS 92687 (E.D. Cal. July 8, 2014) in July of 2014. That post concerned Judge Kimberly J. Mueller's ruling that California's statutory restrictions on distributions to...more

Trial By Jury – Part 1

by Fox Rothschild LLP on

So you are a party to a new civil litigation case, which means you have either sued someone or just been sued. Your lawyer sends you an email that the Court has just set your case for a non-jury trial for a date in the...more

Mildly Satisfied, Still Grumpy: Grumpy Cat Prevails over Infringers

by Jaburg Wilk on

Celebrity kitty Tardar Sauce aka “Grumpy Cat” (or, rather, the entity that owns rights to the GRUMPY CAT brand) has prevailed on its claims of breach of contract and trademark and copyright infringement against a beverage...more

DOJ Announces False Claims Act Recoveries for 2017

by Weiner Brodsky Kider PC on

The Department of Justice (DOJ) recently announced recoveries of more than $3.7 billion from False Claims Act case settlements and judgments for the fiscal year ending September 30, 2017. Over $543 million of this amount was...more

Key California Employment Law Cases: December 2017

by Payne & Fears on

Lopez v. Routt, 17 Cal. App. 5th 1006, 225 Cal. Rptr. 3d 851 (2017) - Facts: Plaintiff sued her employer and supervisor for harassment in violation of the California Fair Employment and Housing Act (“FEHA”). The matter...more

Work schedule conflict leads to religious accommodation lawsuit

by McAfee & Taft on

A recent decision by the U.S. Tenth Circuit Court of Appeals (the jurisdiction that covers Oklahoma federal courts) provides another reminder that religious accommodations come in all shapes and sizes, and that proving “undue...more

Exmark Manufacturing Company v. Briggs & Stratton Power

by Knobbe Martens on

Federal Circuit Summaries - Before Wallach, Chen, and Stoll. Appeal from the United States District Court for the District of Nebraska. Summary: Reexaminations of patents confirming validity are not dispositive of...more

Podcast Episode 14 - Four Cases to Watch in 2018

by Locke Lord LLP on

Locke Lord LLP’s Eminent Domain team hosts an original podcast series. In Episode 14, we discuss four cases to watch in 2018: Ganson v. City of Marathon –...more

The Curious Case of Comic Con; Or is it Comic-Con?

by Workman Nydegger on

On Friday, December 8, 2017, a jury in San Diego, California found that Salt Lake Comic Con infringed the trademark of San Diego Comic-Con. The jury found, however, that the infringement was not willful and therefore awarded...more

Can Juries Decide Patent Eligibility Under 35 U.S.C. § 101?

by WilmerHale on

No provision of the Patent Act has been more frequently litigated over the last several years than 35 U.S.C. § 101. After not having decided a § 101 case in nearly a decade, the Supreme Court issued four § 101 decisions in as...more

Superior Court Judge Grants Anti-SLAPP Special Motion to Dismiss

by LeClairRyan on

For the second time in ten months, Superior Court Judge Steven Wellner has granted a special motion to dismiss under the DC anti-SLAPP statute. Here’s the background of this case....more

Chris Lazarini Provides Insight on Broker's Employment Retaliation Claims

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini provided insight on a case in which a former commodities broker claimed her former employers retaliated against her for filing a civil rights complaint by causing her new employer to...more

October 2017: Patent Litigation Update

What’s at Stake in the Oil States Case? Supreme Court Granted Cert. to Review Constitutionality of Patent Office IPR Proceedings. This term, the Supreme Court will hear a challenge to the constitutionality of inter partes...more

Court Of Appeal Finds No Right To Jury In Shareholder Class Action

by Allen Matkins on

In several blog posts, I have commented on the right to a jury trial under California law. This may seem like an inapposite subject for a blog devoted to corporate and securities law issues. Nonetheless, I have...more

Waivers of Jury Trials and Lawsuits in Bankruptcy Cases

Figuring out when a pre-petition waiver of a jury trial will be respected in lawsuits brought in bankruptcy cases can be tricky. In a recent case, In re D.I.T., Inc., 2017 Bankr. LEXIS 3386 (Bankr. S.D. Fla. Oct. 2, 2017), a...more

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