News & Analysis as of

Jury Instructions Appeals

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

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

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

McDermott Will & Emery

Faulty Jury Instruction Tampered With Tamper-Proof Trial

The US Court of Appeals for the Federal Circuit affirmed in part, vacated in part and remanded a district court decision after concluding that a jury instruction on the objective indicia of nonobviousness that failed to...more

Woods Rogers

What to Watch for at Trial in Virginia Courts to Avoid Having Your Appeal “Disqualified” or “Sent to the Rear”

Woods Rogers on

With the expansion in the size and scope of the Court of Appeals of Virginia on January 1, 2022, civil litigators in Virginia have an increased likelihood of a full appeal of virtually any trial court decision. However, since...more

Fitch, Even, Tabin & Flannery LLP

Failure to Raise Claim Construction Issue at Jury-Instruction Phase Constituted Forfeiture

On May 20, in Michael Philip Kaufman v. Microsoft Corporation, the Federal Circuit issued an opinion illustrating the importance of raising claim construction disputes at trial to avoid forfeiting arguments in post-verdict...more

McDermott Will & Emery

Except Where Futile, Litigant Must Preserve Issue at Jury Instruction Phase to Preserve Claim Construction Dispute

The US Court of Appeals for the Federal Circuit affirmed the denial of a defendant’s post-judgment motion for a new trial based on a failure to preserve an O2 Micro challenge. The Court also reversed the denial of a...more

McDermott Will & Emery

Too Good to Be True? Federal Circuit Demands Evidence of Reliance on Favorable Ruling, Stipulation

McDermott Will & Emery on

The US Court of Appeals for the Federal Circuit held that notwithstanding a stipulation on claim construction, a party may still induce infringement absent proof that it actually relied on the stipulation, and that mere...more

Husch Blackwell LLP

Toxic Tort Monitor: Proximate Cause Jury Instruction Further Clarified By Washington Appellate Court

Husch Blackwell LLP on

Proximate cause jury instruction was further clarified by a Washington appellate court when the court reversed the asbestos defense verdict in Clevenger v. John Crane, Inc. In the case, plaintiff Era Clevenger alleged that...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases - January 2020 #2

PATENT CASE OF THE WEEK - Eko Brands, LLC v. Adrian Rivera Maynez Enterprises, Inc., Appeal Nos. 2018-2215, et al. (Fed. Cir. Jan. 13, 2020) - In this appeal from the Western District of Washington, the Federal Circuit...more

White and Williams LLP

Second Circuit: Insider Trading Conviction Does Not Require a Finding of Personal Benefit

White and Williams LLP on

On December 30, 2019, the Second Circuit issued its landmark decision in United States v. Blaszczak, which widened the berth for federal prosecution of insider trading activities under Title 18 of the United States Code. The...more

Payne & Fears

Key California Employment Law Cases: December 2019

Payne & Fears on

This month's key California employment law cases involve disability discrimination, wage and hour, and arbitration agreements enforcement. Doe v. Dept. of Corrections & Rehabilitation, No. E071224, 2019 WL 6907515 (Cal....more

White and Williams LLP

Ohio Court Measures the Damage to a Computer Network by Its Value to the Owner, Not Its Fair Market Value

White and Williams LLP on

In Westfield Insurance Group v. Silco Fire & Security, 2019 Ohio App. LEXIS 2810, the Court of Appeals of Ohio, Fifth Appellate District addressed whether the trial court properly instructed the jury that the applicable...more

White and Williams LLP

Superior Court Addresses Whether the Plaintiff Is the “Master of the Claim” in Post-Tincher Decision

Since the Supreme Court of Pennsylvania decided Tincher v. Omega Flex, Inc., 104 A.3d 328 (Pa. 2014), parties proceeding in product liability cases in Pennsylvania often disagree about jury instructions. In Davis v....more

Bass, Berry & Sims PLC

Chris Lazarini Analyzes Second Appeal to Vacate Insider Trading Conviction

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini analyzed a defendant’s second appeal to vacate an insider trading conviction. On the direct appeal, the individual raised multiple evidentiary issues, but did not challenge the jury...more

A&O Shearman

Second Circuit Re-Affirms Insider Trading Conviction Of Rajat Gupta

A&O Shearman on

On January 7, 2019, the United States Court of Appeals for the Second Circuit affirmed — for the second time — the insider trading conviction of Rajat Gupta. Gupta v. United States, No. 15-2707 (2d Cir. Jan. 7, 2019). In a...more

Nossaman LLP

Ninth Circuit Dismisses Challenge to Policy regarding ESA Criminal Prosecutions

Nossaman LLP on

In WildEarth Guardians et al. v. U.S. Department of Justice, Case Nos. 17-16677, 17-16678, 17-16679 (Oct. 23, 2018), the U.S. Court of Appeals for the Ninth Circuit dismissed plaintiff-appellees case challenging the U.S....more

Flaster Greenberg PC

Stairway to Retrial: 9th Circuit Court of Appeals Cites Error in Led Zeppelin Infringement Ruling

Flaster Greenberg PC on

In 2016, a California jury decided that Led Zeppelin’s “Stairway to Heaven” did not infringe on Randy Wolfe’s “Taurus”. However, the 9th Circuit Court of Appeals reviewed that decision and has now called for a do-over,...more

Carlton Fields

It Can Be Easy To Fail To Preserve, Or Even To Waive, Jury Instruction Error

Carlton Fields on

A recent Pennsylvania Supreme Court decision demonstrates how easy it can be not to preserve, or even waive, error in a trial court’s jury instructions....more

Foley & Lardner LLP

Federal Circuit Questions Written Description For Antibody Claims

Foley & Lardner LLP on

The October 5, 2017 Federal Circuit decision in Amgen Inc. v. Sanofi is getting a lot of attention for its commercial impact, because the court vacated the permanent injunction that prevented Sanofi and Regeneron from...more

49 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide