News & Analysis as of

Jury Trial Abuse of Discretion

McDermott Will & Schulte

Wrestling with prevailing defendant’s post-trial fee request in copyright dispute

The US Court of Appeals for the Fifth Circuit affirmed a district court’s denial of attorneys’ fees to the defendant after it prevailed at trial in a copyright infringement suit, concluding that the district court adequately...more

Marshall Dennehey

Jury Instruction About a Defendant’s Absence at Trial Was an Abuse of Discretion

Marshall Dennehey on

Hounchell v. Durrani, 1st Dist. Hamilton No. C-220021, 2023-Ohio-2501 (Jul. 21, 2023) - The trial court permitted a jury instruction that allowed the jury to not only consider the fact that the physician defendant, who was of...more

Cozen O'Connor

Eleventh Circuit: Jury Instruction About Notice to Insured of Settlement Demand Was Required (Florida)

Cozen O'Connor on

In its recent decision, Brink v. Direct General Ins. Co., 38 F.4th 917 (11th Cir. 2022), the Eleventh Circuit ruled 2-1 that the Florida district court erred when it failed instruct a jury that an insurer not only owed a duty...more

Winstead PC

Appellate Court Grants Mandamus Relief To Require A Jury Trial On The Issue Of Whether The Inspection Of Books And Records Of A...

Winstead PC on

A common complaint of a minority shareholder is the denial of access to the corporation’s books and records. A shareholder enjoys the right to examine and copy certain records of the corporation in which the shareholder owns...more

Holland & Hart - Your Trial Message

Learn from the First Zoom-Appeal Verdict

Courts over the past year and a half have moved with unprecedented speed into unorthodox territory, exploring ways to conduct trials, or portions of trials, via remote videoconferencing technology. In that setting, perhaps it...more

McDonnell Boehnen Hulbert & Berghoff LLP

HVLPO2, LLC v. Oxygen Frog, LLC (Fed. Cir. 2020)

Expert witness testimony is a frequent (almost ubiquitous) feature of patent litigation, if only because questions of the state of the art or the understanding of one having ordinary skill in the art are almost always at...more

Knobbe Martens

01 Communique Laboratory, Inc. v. Citrix Systems, Inc.

Knobbe Martens on

Federal Circuit Summaries - Before Newman, Mayer, and Stoll. Appeal from the U.S. District Court for the Northern District of Ohio. Summary: While there is not a “practicing the prior art” defense to literal...more

Winstead PC

Court Reverses New Trial Order After A Jury Verdict On A Trust Dispute

Winstead PC on

In In re Jones, there was a jury trial on the issue of whether a revocable trust was revoked such that the trustee, Jones, or the settlor’s executor, Coyle, had the right to the trust assets. No. 05-16-0081-CV, 2016 Tex. App....more

McDermott Will & Emery

Fact-Intensive Reasonable Royalty Analysis Need Not Be Peer Reviewed or Published to Be Admissible - Summit 6, LLC v. Samsung...

McDermott Will & Emery on

Addressing the admissibility of expert testimony on damages issues, the U.S. Court of Appeals for the Federal Circuit upheld the district court’s admission of expert testimony based on a fact-intensive analysis that was not...more

Maynard Nexsen

Appealing Propositions: Appellate Issues In The Law - Distinguishing Between Error and Reversible Error; Recognizing and Avoiding...

Maynard Nexsen on

Right after the judge or the jury renders a “bad verdict” we all have undoubtedly heard, at least, one our clients say they want to appeal the case “all the way to the United States Court, if that’s what it takes to get...more

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