Defense Strategies, Appeals, Jury Trial

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

Ervin Cohen & Jessup LLP on 5/7/2025

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

District Court of Appeals Tell Plaintiffs They ‘Can’t Have Their Cake and Eat It Too’

Marshall Dennehey on 3/28/2025

Key Points: In Mickler v. Triplett, 397 So.3d 188 (Fla. 5th DCA Nov. 15, 2024), the Court of Appeal thwarted a new strategy from the plaintiffs’ bar to remove the causation question from the hands of the jury....more

California Civil Procedure Code Section 998 – A Means to an End

Tyson & Mendes LLP on 1/3/2025

On April 4, 2019, Vadim Gorobets sued Jaguar Land Rover North America, LLC based on allegations the defendant had violated the Song-Beverly Consumer Warranty Act (California’s “lemon law”). On October 15, 2020, defendant...more

Playing the Long Game: Preserving Issues for Appeal

Ward and Smith, P.A. on 4/12/2023

Trials happen fast. Trial counsel are rightly preoccupied with preparing to give opening statements or closing arguments, preparing to examine or cross-examine witnesses, or simply keeping track of admitted exhibits....more

Md. High Court to Defendants: Don’t Show Up Empty Handed When Using the “Empty Chair” Defense

Miles & Stockbridge P.C. on 12/4/2020

The “empty chair” defense, where the defendant denies responsibility for the plaintiff’s injuries and blames a person absent from trial (i.e. the “empty chair”), can be extremely effective in tort actions. The Court of...more

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

Holland & Hart - Your Trial Message on 8/12/2020

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

Practice Makes Perfect: Mock Oral Arguments and Effective Oral Advocacy

Carlton Fields on 2/19/2020

The key to successful oral advocacy is effective preparation. In this podcast, Carlton Fields attorneys Gary Sasso, Peter Webster, and Christine Davis discuss the importance of mock oral arguments in preparing for oral...more

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