Jury Trial, Litigation Strategies, Business Litigation

California Supreme Court Delivers Major Win for Delaware Forum-Selection Clauses

Goodwin on 7/22/2025

On July 21, 2025, the California Supreme Court issued a decision in EpicentRx, Inc. v. Superior Court of San Diego County, which held that an exclusive forum-selection clause designating a forum where a civil jury trial would...more

In More Bad News For Delaware, Nevada Legislature Proposes To Allow Jettisoning Jury Trials For "Internal Actions"

Allen Matkins on 5/2/2025

I have previously noted certain provisions of a bill amending Nevada's business entity statutes, AB239. See Nevada Bill Would Impose A Duty That Directors Be Informed and Nevada Bill Would Expressly Allow Directors To...more

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

Mayer Brown on 3/19/2025

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

Asserting an Equitable Defense or Counterclaim? “Waive” Your Jury Goodbye!

Farrell Fritz, P.C. on 1/28/2022

Most New York practitioners are aware that certain causes of action are triable by a jury, while other claims are triable only by the court. For example, causes of action for money damages, such as tort claims, contract...more

Litigating in Ontario

Dickinson Wright on 10/26/2017

As cross-border commerce has become commonplace for so many of our clients and with it the prospect and likelihood of their finding themselves considering or responding to litigation in Canada, there is a need to understand...more

Using Demonstratives To Effectively Communicate Complex Business Cases To A Jury

Weintraub Tobin on 6/26/2017

Business attorneys understand that complex business litigation involves complex issues, usually encompassing voluminous amounts of complicated financial data in the form of balance sheets, income statements, and cash flow...more

Arbitrator, Judge, Or Jury; Pick Your Poison

Amundsen Davis LLC on 5/25/2017

As a general rule businesses hate litigation. Why? Litigation results seem uncertain to the point of randomness. It need not be that way. You can never squeeze all of the uncertainty out of litigation, but if you understand...more

Do we lawyers really know it all? What about the “ focus group?”

Butler Snow LLP on 2/3/2015

Trying a business case to a jury presents unique and sometimes difficult challenges. As commercial litigators, we’re trained to develop the facts (or the parties’ versions thereof), research the applicable law, and, most...more

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