Whether you're the appellant or the appellee, knowing when an argument is properly preserved goes a long way. The United States Court of Appeals for the Fourth Circuit publishes very few opinions, so finding a roadmap for...more
On April 14, 2025, a federal jury in Nevada convicted a home healthcare nursing executive on one count of conspiracy to fix wages and five counts of wire fraud after a 15-day trial. The verdict represents the DOJ’s first...more
In another “hard lesson learned” case, on Monday, February 24, 2025, a federal district court sanctioned three lawyers from the national law firm Morgan & Morgan for citing artificial intelligence (AI)-generated fake cases in...more
In the recent decision Marquez v. Clear Blue Specialty Insurance Company, No. 6:23-cv-2025-ACC-DCI, 2024 U.S. Dist. LEXIS 219390 (M.D. Fla. Dec. 4, 2024), the U.S. District Court for the Middle District of Florida granted the...more
Precedential and Key Federal Circuit Opinions - 1. FRESHUB, INC. v. AMAZON.COM, INC. [OPINION] (2022-1391, 2/26/2024) (Reyna, Taranto, and Chen) - Taranto, J. The Court affirmed the District Court’s decision 1)...more
Court: United States District Court for the District of Montana, Great Falls Division - From 1923 to 1994, Burlington Northern Santa Fe Railway Company (BNSF) transported vermiculite ore containing amphibole asbestos from a...more
The Texas Patent Litigation Monthly Wrap-Up for October 2023 covers three decisions addressing the scope of the work-product and attorney-client privileges, limits on the use of a defendant’s use of its own patents during...more
When product liability actions involving one or more common issues of fact (e.g., an allegedly harmful product or chemical) are filed in multiple jurisdictions, they are typically consolidated for pretrial proceedings in a...more
The Superior Court recently ruled that a plaintiff in a legal malpractice action seeking recovery for damages resulting from his loss of corporate stock may introduce at trial expert testimony concerning the valuation of that...more
Motions in limine (“on or at the threshold” or “in the beginning”) can be a useful tool in a trial lawyer’s hands. Used strategically and prophylactically, they can “eliminate the noise surrounding” a trial by preventing an...more
When a party has a second chance for its experts to make a first impression on a court, it’s best to not plan on there being a third. In Vitaform, Inc. v. Aeroflow, Inc.¸ 2023 NCBC 20A, the Business Court afforded...more
Trials happen fast. Trial counsel are rightly preoccupied with preparing to give opening statements or closing arguments, preparing to examine or cross-examine witnesses, or simply keeping track of admitted exhibits....more
U.S. District Court for the Eastern District of Louisiana Decedent James Grant Gooding was employed at various shipyards in Louisiana between 1970 and 1979. On March 4, 2020, he filed suit against a variety of premises...more
About two years ago, motions to certify class actions were filed against dozens of public companies and reporting corporations in Israel, alleging violations of provisions of the Equal Rights for Persons with Disabilities...more
The U.S. District Court for the District of Colorado granted a motion in limine to preclude testimony from corporate executives about their “business understanding” regarding infringement because the defendant previously...more
An increasingly commonplace procedural mechanism for narrowing evidentiary issues before a hearing begins is the motion in limine. A new proposal proffered by the Commercial Division Advisory Council (“CDAC”), put out for...more
In In re Guardianship of Margol, a mother named her son as her power of attorney agent and as a trustee of a trust in which she was a beneficiary. No. 05-21-00255-CV, 2022 Tex. App. LEXIS 4119 (Tex. App.—Dallas June 16, 2022,...more
United States District Court for the Eastern District of Louisiana, October 24, 2022 The plaintiffs brought this asbestos exposure case alleging decedent Callen Cortez contracted mesothelioma following extensive exposure...more
The United States District Court for the Southern District of New York provided another victory for the admissibility of diffusion tensor imaging. Defendant moved in limine to preclude the trial testimony of four of the...more
United States District Court for the Eastern District of Louisiana, September 29, 2022 - The Callen Cortez (“Plaintiff”) matter has been previously reported by the Asbestos Case Tracker. At current issue is the...more
The Israeli National Labor Court recently issued a ruling addressing a claim to “lift the corporate veil” in a dispute between two groups of shareholders in a company. The National Labor Court’s ruling did not allow the...more
In Jackson v. Park (B297616, July 27, 2021), the Second Appellate District for the Court of Appeal examined the nature and degree of attorney misconduct that could amount to a miscarriage of justice sufficient to require a...more
On May 11, 2021, the Federal Circuit affirmed the District Court of Delaware’s judgment that patents belonging to Pacific Biosciences of California (“PacBio”) were invalid for lack of enablement under 35 U.S.C. § 112. A...more
You file a motion in limine seeking to preclude certain arguments during closing. The court grants your motion. In closing argument, opposing counsel violates the ruling. Must you contemporaneously object to the argument that...more
The answer to this question varies widely from state to state. But in Arkansas “the violation of a statute is only evidence of negligence and does not constitute negligence per se.” Cent. Oklahoma Pipeline, Inc. v. Hawk Field...more