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Negligence › Jury Instructions

Marshall Dennehey

Superior Court Affirms New Trial in Zoo Injury Case Over Omitted Open and Obvious Jury Instruction

Marshall Dennehey on

Janik v. Zoological Society of Philadelphia, 2025 Pa. Super. 90 (Pa. Super. Apr. 22, 2025) - The Superior Court of Pennsylvania affirmed an order granting a new trial, as the jury was not instructed on the open and obvious...more

Melito & Adolfsen

The Johnny Depp and Amber Heard Case Show the Importance of Special Verdicts or Answers to Written Questions in Jury Verdicts

Melito & Adolfsen on

The defamation cases brought by Johnny Depp and Amber Heard against each other, entertaining as they were to many Americans, involved complex issues of law as applied to the facts alleged by the parties. For the jury to reach...more

Hinshaw & Culbertson - Health Care

Trial Court Erred in Refusing Non-Pattern Loss of Chance Instruction: Hinshaw's Annual Guide to Key Illinois Medical Malpractice...

Hinshaw & Culbertson - Health Care on

Must a physician obtain informed consent to discharge? Is the long-form proximate cause instruction sufficient in "loss of chance" theory cases? Jill M. Bailey, Individually and as Independent Representative of the Estate...more

Holland & Hart - Your Trial Message

Address the ‘My House, My Responsibility’ Analogy

Holland & Hart - Your Trial Message on

There is a persistent belief among many mock jurors that I have seen in certain kinds of cases. The belief is that liability attaches automatically to possession, and jurors usually express it through the lens of home...more

White and Williams LLP

Superior Court Addresses Whether the Plaintiff Is the “Master of the Claim” in Post-Tincher Decision

White and Williams LLP on

Since the Supreme Court of Pennsylvania decided Tincher v. Omega Flex, Inc., 104 A.3d 328 (Pa. 2014), parties proceeding in product liability cases in Pennsylvania often disagree about jury instructions. In Davis v....more

White and Williams LLP

PA Supreme Court Confirms Risk/Complication Evidence Is Admissible for Standard of Care and Causation in Med Mal Cases

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In a win for healthcare providers, the Pennsylvania Supreme Court confirmed in Mitchell v. Shikora that evidence of the risks and complications of a surgical procedure may be admissible in a medical negligence case that does...more

WilmerHale

The Scope Of SEC Defendants' Jury Trial Right: Part 4

WilmerHale on

This is the last of four articles examining the scope of the Seventh Amendment jury trial right as applied to the facts that set the maximum monetary penalty a judge may impose against a civil defendant in a U.S. Securities...more

Pullman & Comley, LLC

Appellate Court Notes

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Appellate Court Advance Release Opinions - AC36506 - Sidorova v. East Lyme Board of Education - Due to budget cuts, the Board of Education laid off the plaintiff who was a tenured French teacher. She sued for...more

Haight Brown & Bonesteel LLP

Client Advisory: First Responders' Liability to be Clarified in New Trial Barring Blame of Plaintiff for Prior Contributory...

Haight Brown & Bonesteel LLP on

On January 23, 2015, the Court of Appeal published its opinion in Harb v. City of Bakersfield, et al., a case regarding an incident that occurred almost a decade ago. The opinion clarified how juries can be instructed in...more

Proskauer Rose LLP

California Employment Law Notes - November 2013

Proskauer Rose LLP on

Employer Was Entitled To "Substantial Motivating Factor" Jury Instruction - Alamo v. Practice Mgmt. Info. Corp., 219 Cal. App. 4th 466 (2013) - In one of the first appellate opinions to consider the new jury...more

Sheppard Mullin Richter & Hampton LLP

Eighth Circuit Applies Negligence Standard to SEC Enforcement Claims for Violations of Section 14(a) and Rules 14a-9, 13b2-1 and...

Sheppard Mullin Richter & Hampton LLP on

In SEC v. Das, No. 12-2780, 2013 U.S. App. LEXIS 15327 (8th Cir. July 29, 2013), the United States Court of Appeals for the Eighth Circuit affirmed the district court’s delivery of jury instructions applying a negligence...more

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