Overseeing The Texas Pattern Jury Charges | Judge Dan Hinde | Texas Appellate Law Podcast
U.S. Eleventh Circuit Court of Appeals - USA v. Zayas - currency transaction report, filing - Cunningham v. Cobb - § 1983, qualified immunity...more
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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 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
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
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
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
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
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