News & Analysis as of

Jury Trial Breach of Contract

Cozen O'Connor

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

Cozen O'Connor on

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

Carlton Fields

Florida District Court Orders New Trial After Jury Allowed to Hear Evidence on Claim Handling in Insurance Breach of Contract...

Carlton Fields on

In Universal Prop & Cas. Ins. Co. v. West Naze, No. 4D2024-0098 (Fla. 4th DCA Jun. 4, 2025), the Florida Fourth District Court of Appeal reaffirmed that an insured cannot introduce evidence of claim handling in a breach of...more

Paul Hastings LLP

The Verdict Is In: SuperValu Wins at Trial Despite Knowingly Submitting False Claims

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In 2023, we wrote about the Supreme Court’s decision in United States ex. rel. Schutte v. SuperValu Inc. interpreting the False Claims Act’s (FCA) scienter standard to require inquiry into a defendant’s subjective knowledge....more

Allen Matkins

Nevada Supreme Court: Judge, Not Jury, Decides Unambiguous Contract

Allen Matkins on

In 2011, a local water district in Nevada entered into a lease agreement with Paradise Canyon, LLC to provide shares of water for irrigating the Wolf Creek Golf Club.   The lease agreement granted Paradise Canyon a right of...more

Holland & Knight LLP

Commercial Leases: Right to Jury Trial Waived or Not Waived? That Was the Question

Holland & Knight LLP on

If a commercial lease guaranty contains a jury trial waiver but the lease does not, is the jury trial waived for all parties (i.e., tenant and guarantor) or just the guarantor? In a recent case, Pierre's Caribbean Cuisine LLC...more

King & Spalding

Georgia Senate Passes Tort Reform Bill

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On March 21, 2025, the Georgia Senate passed S.B. 68, which contains numerous provisions affecting civil lawsuits in Georgia. The provisions include limits on the amounts plaintiffs can recover for medical expenses,...more

Bradley Arant Boult Cummings LLP

General Contractor Defeats Owner’s Notice Argument and Prevails in Seattle Condo Dispute

The Washington Court of Appeals recently affirmed a jury verdict and $30 million judgment for general contractor Skanska. The case involves the construction of the 41-story Nexus condominium tower in downtown Seattle. As is...more

Snell & Wilmer

An Introduction to the New Texas Business Courts

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It has been approximately two months since the newly established Texas business court system began accepting its first filings on September 1, 2024. This article provides a brief introductory overview of this new court system...more

Marshall Dennehey

As the Jury Was Not Asked to Determine the Deductible’s Applicability, the Trial Court Erred by Not Applying the Hurricane...

Marshall Dennehey on

Citizens Property Insurance Corporation v. Marie Avril and Clifford Romain, 4th District, Case no. 4D2022-0360, Mar. 27, 2024, Appeal from the Circuit Court for the Seventeenth Judicial Circuit, Broward County - The...more

Bradley Arant Boult Cummings LLP

Court Confirms Jury Verdict for AECOM in I-70 Construction Dispute with FlatIron

We previously blogged about the hotly contested dispute between AECOM and FlatIron involving the I-70 construction project outside of Denver. After an 18-day trial, the jury returned a verdict last month for plaintiff AECOM...more

Lathrop GPM

Fifth Circuit Affirms Enforcement of Jury Trial Waiver in Franchise Transfer Agreement

Lathrop GPM on

The Fifth Circuit Court of Appeals recently affirmed the enforcement of a jury trial waiver against a franchisee. Pizza Hut L.L.C. v. Pandya, 79 F.4th 535 (5th Cir. Aug. 22, 2023). Pizza Hut originally filed suit against...more

ArentFox Schiff

Federal Court Hits the Brakes on $105 Million Trade Secret Verdict Against Ford Motor Company

ArentFox Schiff on

Earlier this month, a federal judge in the Eastern District of Michigan overturned a jury verdict of nearly $105 million against Ford Motor Company for breach of contract and misappropriation of trade secrets. Finding that...more

Morrison & Foerster LLP - Left Coast Appeals

This Week at The Ninth: Unpaid Sellers and Waived Trial Rights

This week, the Ninth Circuit determines whether an online produce wholesaler can file suit under the Perishable Agricultural Commodities Act, and answers a novel question about whether a party that contractually waived its...more

Morris James LLP

Clean-Up Doctrine to Adjudicate Legal Claims in Chancery May Take Precedence Over Request for Jury Trial

Morris James LLP on

Firststring Research, Inc. v. JSS Medical Research Inc., C.A. No. 2020-0332-KSJM (Del. Ch. May 28, 2021) - Delaware has not merged its courts of law and equity, which may have implications for a litigant seeking a jury...more

Herbert Smith Freehills Kramer

Court Holds Filing of Proof of Claim Results in Waiver of Right to Jury Trial Despite Claimants’ Purported Reservation of Rights

In an opinion dated Jan. 10, 2020, Bankruptcy Judge Craig A. Gargotta of the Western District of Texas (San Antonio Division) held that a creditor who submits a proof of claim in bankruptcy waives its right to a jury trial,...more

Knobbe Martens

L'Oreal's Willfulness Causes Court to Double Olaplex's $24.96 Million Award

Knobbe Martens on

In a case relating to systems to protect hair during bleaching treatments, Olaplex sued L’Oreal for patent infringement, trade secret misappropriation, and breach of contract. As previously reported on this blog, after a jury...more

McDermott Will & Emery

Still No Right to Jury Trial – MIT 401(k) Plan Participants Not Entitled to Jury Trial of ERISA Breach of Fiduciary Duty Claims

McDermott Will & Emery on

The District of Massachusetts court struck the plaintiffs’ jury-trial demand in their ERISA complaint for damages and equitable relief against 401(k) plan fiduciaries. The court followed the “great weight of authority” in...more

Knobbe Martens

CardiAQ - An IP Success Story

Knobbe Martens on

At the recent ACC-Socal Double Header Event, Knobbe Martens presented, "CardiAQ - An IP Success Story." ...more

Jaburg Wilk

Mildly Satisfied, Still Grumpy: Grumpy Cat Prevails over Infringers

Jaburg Wilk on

Celebrity kitty Tardar Sauce aka “Grumpy Cat” (or, rather, the entity that owns rights to the GRUMPY CAT brand) has prevailed on its claims of breach of contract and trademark and copyright infringement against a beverage...more

Seyfarth Shaw LLP

Texas Appellate Court Affirms Injunctive Relief and $2.8 Million Award in Attorney’s Fees Against Former Employee in Trade Secret...

Seyfarth Shaw LLP on

A Texas Court of Appeals held on August 22, 2016, that a former employer was entitled to $2.8 million in attorney’s fees against a former employee who used the employer’s information to compete against it. The Court reached...more

Baker Donelson

The Jury's Out of the Game and Employers are Back on the Bench: No Right to Jury Under the Tennessee Public Protection Act

Baker Donelson on

Recently, the Tennessee Supreme Court quietly passed down David G. Young v. City of LaFollette, which changed the face of labor and employment litigation in Tennessee. In Young, the Court held, among other things, that "there...more

Cooley LLP

Alert: Ninth Circuit Provides Guidance on RAND Licensing Obligations

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On July 30 the Court of Appeals for the Ninth Circuit issued a significant appellate decision that provides guidance regarding obligations imposed on licensors of patents that are required to comply with interoperability...more

Orrick, Herrington & Sutcliffe LLP

Ninth Circuit Upholds Landmark FRAND Decision and Jury Verdict

The Ninth Circuit yesterday (July 30, 2015) issued one of the most significant appellate opinions regarding standard essential patents (SEPs) subject to commitments to license on fair, reasonable and non-discriminatory...more

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