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Reversal Appeals Jury Trial

Ervin Cohen & Jessup LLP

Ninth Circuit Revives Copyright Suit Over Sam Smith’s “Dancing with a Stranger” and Reaffirms the Jury’s Role

On April 29, 2025, the Ninth Circuit Court of Appeals revived the copyright infringement case filed by Sound and Color, LLC against Sam Smith, Normani, and related parties (collectively, “Defendants”) concerning the hit song...more

Fishman Haygood LLP

Plaintiff Counsel’s Mid-Trial Social Media Post Results in Reversal of Jury Verdict in Illinois Court of Appeals

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An Illinois appellate court recently reversed a $43 million jury verdict in a personal injury case (Kroft v. Viper Trans, Inc.)1 involving an automobile collision, remanding the case for another trial—now the third—after the...more

Knobbe Martens

Reversal on Reverse Doctrine of Equivalents

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Conflicting expert testimony constituted substantial evidence supporting the jury’s rejection of a reverse doctrine of equivalents argument....more

Epstein Becker & Green

The Second Circuit Revives Sarah Palin’s Defamation Suit Against The New York Times

The Second Circuit Court of Appeals has once again revived Sarah Palin’s longstanding defamation suit against The New York Times. The Second Circuit’s opinion highlights important procedural and substantive issues in...more

Cozen O'Connor

A Jury Must Find An Insurer Acted Unreasonably In Order To Find Bad Faith Failure to Settle

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On March 8, 2021 the California Court of Appeal, reversing a $10 million verdict against Farmers, found that a jury must specifically find unreasonable acts by an insurer to support a “failure to settle” bad faith...more

Holland & Knight LLP

Healthcare Law Update: April 2021

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William F. Gould In United States v. Merino, No. 19-50291, 2021 WL 754589 (9th Cir. Feb. 26, 2021), the court of appeals reversed the conviction of Marina Merino of conspiracy to commit healthcare fraud in violation of 18...more

Parker Poe Adams & Bernstein LLP

Paying Workers' Compensation Benefits Does Not Absolve Employer of FMLA Obligations

Many employers that attempt to manage workers’ compensation claims and expenses offer temporary light duty work to employees whose injuries prevent them from performing their regular job functions. The Department of Labor has...more

Haug Partners LLP

Federal Circuit Clarifies Prior Decision on Limiting Claim Preambles

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On August 3, 2020, in Bio-Rad Labs., Inc. v. 10X Genomics, Inc., the Federal Circuit clarified its decision in TomTom v. Adolph regarding limiting claim preambles, holding that the preamble of the claim at issue could not be...more

Holland & Hart - Your Trial Message

Voir Dire on Content, Not Effect: Lessons from the Tsarnaev Appeal

We tend to think of “bias” as it applies to juries, but courts can have their own deep-seated practices. For example, judges will often prefer voir dire questions that focus on the juror’s own assessment of the influence of a...more

Faegre Drinker Biddle & Reath LLP

Dire Consequences: Avoiding Waiver in Pennsylvania Jury Selection

Practicing law at a socially appropriate distance has forced many litigators to broadly consider the value of face-to-face interaction—and what may be lost in its absence. A recent Pennsylvania Supreme Court opinion...more

Morrison & Foerster LLP - Class Dismissed

California Supreme Court: Civil Penalty Claims Brought By Government Under UCl And FAL Should Be Determined By Court—Not Jury

The California Supreme Court has confirmed that claims for civil penalties brought by government entities under California’s Unfair Competition Law (“UCL”) and False Advertising Law (“FAL”) should be decided by a judge—not a...more

Payne & Fears

Key California Employment Law Cases: January 2020

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Ridgeway v. Wal-Mart, Inc., 946 F.3d 1066 (9th Cir. 2020) - The employer must pay minimum wages to employees for time spent on mandated layovers where the employer’s policy imposes constraints on employees’ movements...more

White & Case LLP

Federal Circuit Alters Landscape for Design Patent Litigation

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White & Case Technology Newsflash - Intellectual property litigants may be increasingly addressing design patents. Design patent litigation may be getting lengthier, and this may result in the filing of more design patent...more

Winstead PC

Court Holds That A Party Was Entitled To A Jury Trial On Initial Issues Before A Trial Court Could Modify A Trust

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In In re Troy S. Poe Trust, trustees of a trust that was embroiled in litigation filed suit to modify the trust to increase the number of trustees and change the method for trustees to vote on issues. No. 08-18-00074-CV, 2019...more

Patton Sullivan Brodehl LLP

California Court Clarifies Recovery of Goodwill in Eminent Domain Cases

Goodwill is one of the trickier areas of eminent domain law. When a governmental agency takes private property through the exercise of eminent domain powers, the agency generally must pay the property owner the fair market...more

Knobbe Martens

Federal Circuit Review - April 2019

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Just Because Something May Result From a Prior Art Teaching Does Not Make it Inherent in that Teaching - In Personal Web Technologies, LLC v. Apple, Inc., Appeal No. 2018-1599, the Federal Circuit clarified that the mere...more

Knobbe Martens

TEK Global, S.R.L. v. Sealant Systems International

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Federal Circuit Summary - Before Prost, Dyk, and Wallach. Appeal from the United States District Court for the Northern District of California. Summary: When the Federal Circuit holds that a combination of references...more

Knobbe Martens

Westerngeco L.L.C. v. Ion Geophysical Corp. [Opinion On Remand]

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Federal Circuit Summary - Before Dyk, Wallach, and Hughes. On remand from the Supreme Court. Summary: Even though the issue of the jury’s award of lost profits was still pending, a party could not reopen the issue of...more

McAfee & Taft

Appeals court rules contractual jury trial waiver unenforceable

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Earlier this month, the Oklahoma Court of Civil Appeals issued a decision that threatens the enforceability of contractual provisions waiving the right to a jury trial. In Home Vest Capital, LLC v. Retirement Application...more

Knobbe Martens

Polara Engineering Inc v. Campbell Company

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Federal Circuit Summaries - Before Lourie, Dyk, and Hughes. Appeal from the United States District Court for the Central District of California Summary: (1) The public use bar is not triggered by experimental use...more

Schwabe, Williamson & Wyatt PC

Fresh From the Bench: Latest Federal Circuit Court Cases

Oracle America, Inc. v. Google LLC, Appeal No. 2017-1118, -1202 (Fed. Cir. 2018) - In an appeal from a jury trial, the Federal Circuit reversed the District Court’s decision denying Oracle’s motion for JMOL and remanded...more

Knobbe Martens

Oracle America, Inc. v. Google LLC

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Federal Circuit Summaries - Before O’Malley, Plager and Taranto. Appeal from the U.S. District Court for the Northern District of California, Judge William H. Alsup. Summary: Historical findings of fact relevant to...more

Foley & Lardner LLP

Wisconsin’s Supreme Court: Contractual Waivers of Civil Jury Trial Are Enforceable

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Last year the Wisconsin Court of Appeals threw businesses a curveball when it held that a contractual waiver of the right to a jury trial was unenforceable. The holding of the case, Parsons v. Associated Banc-Corp., 2016...more

Roetzel & Andress

New Ohio Decision Clarifies Role of Judge and Jury in Eminent Domain Cases

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As a general rule, injuries that are shared in common with the general public are not compensable under Ohio eminent domain law. Ohio’s 4th District Court of Appeals recently ruled that the question of whether an injury is...more

Nossaman LLP

Judge Should Consider Constitutionality of a Dedication Requirement, Not the Jury

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Every year or so, a new appellate court decision comes out addressing the proper role of the judge versus the jury on some certain eminent domain issue. Most recently, a trial court, appellate court and the California Supreme...more

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