News & Analysis as of

Jury Trial Appellate Courts Appeals

Cozen O'Connor

Fourth DCA Reverses Jury Verdict Due to Improper Admission of Claims Handling and Bad Faith Evidence

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In Universal Property & Casualty Insurance Co. v. Naze, No. 4D2024-0098 (Fla. 4th DCA June 4, 2025), the Fourth District Court of Appeal reversed a jury verdict in favor of the insured, holding that the trial court improperly...more

A&O Shearman

Federal Circuit Vacates $300 Million Damages Award Due To Flawed Verdict Form

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On June 16, 2025, the U.S. Court of Appeals for the Federal Circuit (“CAFC”) vacated a $300 million damages award because the district court used a flawed verdict form, which included only a single, blanket question as to...more

Littler

Remand Rules: Oregon Supreme Court Clarifies What You Can Appeal

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On June 24, 2025, the Oregon Supreme Court held in Crosbie v. Asante that a trial court order of the scope of issues to be retried after reversal and remand cannot be immediately appealed....more

Carlton Fields

Florida Appeals Court Decisions Week of June 23 - 27, 2025

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U.S. Eleventh Circuit Court of Appeals - USA v. Zayas - currency transaction report, filing - Cunningham v. Cobb - § 1983, qualified immunity...more

McDermott Will & Emery

Up in Smoke: Statutory Trademark Damages Can Exceed Actual Damages

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Addressing a jury’s statutory damages award that surpassed the plaintiffs’ actual damages, the US Court of Appeals for the Eleventh Circuit affirmed the district court’s denial of the defendant’s motion for judgment as a...more

Maron Marvel

Mass and Toxic Tort Case Update - Asbestos

Maron Marvel on

Maffei v. A.O. Smith Water Prods. Co. (In re N.Y.C. Asbestos Litigation), 2025 N.Y. Slip Op. 1425 (N.Y. App. Div. 2025) - Valuing asbestos cases can sometimes be complicated but on March 13th, 2025, the NY Appellate Court...more

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

Carlton Fields

Florida Appeals Court Decisions Week of April 28 - May 2, 2025

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U.S. Eleventh Circuit Court of Appeals - Prime P&C v. Kepali Grp - insurance coverage, vehicle, after-acquired - State Farm v. LaRocca - Fla Health Care Clinic Act, wholly owned exception, certified question - Top...more

Carlton Fields

Florida Appeals Court Decisions Week of April 7 - 11, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Bilotti v. Fla DOC - postconviction relief - DeMarcus v. Univ of S Ala - Title IX, § 1983, volleyball coach, mistreatment - Joseph v. Bd of Regents Univ Ga - en banc denial,...more

Farella Braun + Martel LLP

Texas Case Shows Why Juries Are Well-Suited To COVID Suits

A pending case in Texas illustrates why COVID-19 business interruption claims need to be decided by juries in light of case-specific facts, not by judges using a one-size-fits-all approach. Originally published in Law360 -...more

Carlton Fields

Florida Appeals Court Decisions Week of March 17 - 21, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Kanapuram v. CIS - immigration - Wu v. Liu - removal, arbitration, remand, appellate jurisdiction - USA v. Morris - jury interrogatory, specific firearm - Malak v. Soc Sec...more

Mayer Brown

Six Months of the Texas Business Court: Looking Back as Court of Appeals Weighs in on Jurisdiction

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Since opening its doors on September 1, 2024, the Texas Business Court has seen 86 cases1 cross the docket of its five active divisions,2 with the scope of the court’s jurisdiction being a common—and hotly contested—issue. In...more

Chartwell Law

Where Appeals Begin

Chartwell Law on

I remember listening to Justice Frank Cleckley of the West Virginia Supreme Court of Appeals, my professor for Evidence, open his first lecture with a discussion of Federal Rule of Evidence 103. As a young law student, I was...more

Carlton Fields

Florida Appeals Court Decisions: Week of December 30, 2024 - January 3, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - N Am Sugar v. Xinjiang Goldwind - personal jurisdiction - Stalley v. Lake CI Warden - § 1983, deliberate indifference...more

Winstead PC

Court Rules That There Is No Right To A Jury Trial In A Trust Modification Suit And Affirms The Modifications Of A Trust

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First Appellate Decision. In In re Troy S. Poe Trust, a co-trustee of a trust filed suit to modify the trust to increase the number of trustees and change the method for trustees to vote on issues as well as other...more

Butler Snow LLP

Jury Charges and Oral Argument | David Keltner | Texas Appellate Law Podcast

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[Co-Host: Jody Sanders] When people think about appeals, they may not realize that some of the most important appellate work happens in the trial court. One of the keys to a successful appeal is making sure that the jury...more

Fox Rothschild LLP

Can Partial Summary Judgment Affect A Substantial Right?

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Usually, appellate counsel can confidently say that a grant of partial summary judgment, standing alone, will not allow for an interlocutory appeal. A complete grant of summary judgment is a final, appealable judgment, but a...more

McGlinchey Stafford

Getting (Or Opposing) An Increase In Jury-Awarded Damages On Appeal In Federal Court

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If you’re involved in a jury trial federal case where damages are being sought, what do you do if the jury has awarded damages and either (a) you want to increase damages on appeal, because you represent the winning party, or...more

Fox Rothschild LLP

There’s Golder In Them Thar Hills

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In State v. Golder, 79PA18, filed 3 April 2020, the Supreme Court of North Carolina provided helpful guidance on a vexing issue relating to error preservation: Does a general motion to dismiss preserve for appellate review...more

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