Jury Instructions and Litigation - Trial Strategy Today

Vidal Amicus Asks CAFC to Correct ED of TX Jury Instructions on Eligibility

IP Watchdog

FEBRUARY 13, 2025

Court of Appeals for the Federal Circuit (CAFC) of a district court decision upholding a jury verdict that Ollnova Technologies patent claims were not ineligible at step two of the Alice-Mayo patent eligibility framework. Former U.S.

Jury Instructions

Jury Instructions Technology Litigation

CAFC: Jury Instructions Must Address Each Objective Indicia of Nonobviousness Raised by Patent Owner

IP Watchdog

MARCH 27, 2024

Judge Richard Taranto authored the opinion and held that an improper jury instruction given at trial by the district court required vacatur of the court’s final judgment that Inline’s patent claims were invalid for obviousness. Court of Appeals for the Federal Circuit issued a precedential ruling in Inline Plastics Corp.

Jury Instructions

Jury Instructions Objections Litigation

Designation of “Work Product” Supports Inference of Intentional Spoliation

E-Discovery LLC

JUNE 27, 2024

Work product” protection begins when material is prepared in anticipation of litigation. The duty to preserve is triggered when litigation is reasonably anticipated. The County conceded that generally it anticipated litigation but asserted that it had not specifically anticipated this litigation. at *3 (emphasis added).

Jury Instructions

Jury Instructions Litigation Discovery

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Fifth Circuit Affirms Texas Court’s Judgment that Ericsson Complied with FRAND Obligations

IP Watchdog

AUGUST 31, 2021

The U.S. (..)

Jury Instructions

Jury Instructions Litigation Technology

2024 Litigation Resolutions for All Litigators

Sound Jury Blog

JANUARY 8, 2024

In the spirit of correcting past problems and forging new habits, here’s a list of litigation resolutions – from case intake to closing argument – to put your trial strategy either back on track or to keep it on track. Deposition practice is one of the most over-looked aspects of litigation preparation.

Litigation

Litigation Jury Selection Depositions Closing Argument

What I’ll Be Watching for in the Amgen Oral Arguments

IP Watchdog

MARCH 26, 2023

Depending on how the court focuses its analysis, the opinion could be as narrow as how the jury instruction should read for pharmaceutical antibody claims written in the form of “a binding site plus a function.”

Jury Instructions

Jury Instructions Pharmaceuticals Litigation

Confirmation Bias: The Science Behind its Impact on Jury Selection and Litigation

Jury Analyst

AUGUST 7, 2024

The Impact of Confirmation Bias on Litigation: Confirmation bias can have far-reaching implications throughout the litigation process, affecting both the assessment of evidence and the decision-making of jurors in critical and deleterious ways: Biased processing of evidence and information: This outcome is a central hallmark of confirmation bias.

Jury Selection

Jury Selection Voir Dire Litigation Evidence

Three Key eDiscovery Lessons from Domus BWW Funding v. Arch Insurance Company

Next Generation E-Discovery Law & Tech Blog

SEPTEMBER 11, 2024

In its first eDiscovery failing, Arch Insurance did not issue a litigation hold until four years after having constructive notice of the claim. The Court ruled that the Plaintiff could introduce evidence of Arch Insurance’s eDiscovery failures at trial and would issue a jury instruction as an evidentiary sanction.

Insurance

Insurance Jury Instructions Evidence Discovery

Best Evidence Rule Requires Post-Level Collection for Social Media Evidence

Next Generation E-Discovery Law & Tech Blog

AUGUST 30, 2023

Junior State of America Foundation , is a civil litigation matter involving the intentional destruction (spoliation) of social media evidence. A case out of the federal courts in Texas addressed this issue head on. The plaintiff had deleted his Facebook account resulting in lost evidence critical to the case.

Evidence

Evidence Jury Instructions Discovery Affidavits

I'm Getting Judgy and Judging Judges Today

Ethicking

OCTOBER 14, 2023

There were exchanges about what jury instructions would best lead to the judge’s preferred outcome (among other things). At the very least, disclosing that your paramour is a partner in the firm representing one of the litigants (and then allowing the litigants to consent to you hearing the case, or not) is important.

Cross-Complaint

Cross-Complaint Jury Instructions Mediation Litigation

The Power of Media Coverage: How it Shapes Jurors’ Perceptions and How Scientific Jury Analysis Can Help Mitigate Bias

Jury Analyst

MAY 19, 2023

Moreover, it explores the significance of scientific jury analysis in helping lawyers and litigators navigate the potential biases stemming from media exposure , empowering them to devise effective strategies. Scientific jury analysis offers valuable insights and tools to navigate the impact of media coverage effectively.

Jury Selection

Jury Selection Jury Instructions Evidence Voir Dire

Strobel v. Johnson & Johnson: Got a Hearsay Problem? Don't Give Up.

Evidence at Trial

NOVEMBER 27, 2021

Judicial Council Of California Civil Jury Instruction 202, Judicial Council Of California Civil Jury Instruction 202. With respect to opinion number 7, Dr. Longo had presented these test results through testimony and expert reports in other asbestos litigation against J&J. In Strobel v. Sanchez."

Evidence

Evidence Witnesses Jury Instructions Objections

Mitigating the Effect of Confirmation Bias During Jury Selection and Deliberation

Jury Analyst

JULY 17, 2023

Jury Instructions and Interventions : Remember, the first step to safeguarding against confirmation bias is admitting you are vulnerable to it, so educating the jury about this issue is important.

Jury Selection

Jury Selection Voir Dire Jury Instructions Objections

Strategies to Mitigate the Effect of Confirmation Bias During Jury Selection and Deliberation

Jury Analyst

JULY 17, 2023

Jury Instructions and Interventions : Remember, the first step to safeguarding against confirmation bias is admitting you are vulnerable to it, so educating the jury about this issue is important.

Jury Selection

Jury Selection Voir Dire Jury Instructions Objections

Strategies to Mitigate the Effect of Confirmation Bias During Jury Selection and Deliberation

Jury Analyst

JULY 17, 2023

Jury Instructions and Interventions : Remember, the first step to safeguarding against confirmation bias is admitting you are vulnerable to it, so educating the jury about this issue is important.

Jury Selection

Jury Selection Voir Dire Jury Instructions Objections

Town Sanctioned for Prejudicial Breaches of Duty to Preserve in Alleged Sexual Assault Case; Court Also Addresses Use of Personal Email by Council Members

E-Discovery LLC

NOVEMBER 29, 2024

Plaintiff seeks limited discovery regarding the missing documents and a negative inference jury instruction regarding the contents of Vanderpool’s and Dupree’s personnel files and the missing emails. The Court, however, held that the Town had a duty to institute a litigation hold.

Burden Of Proof

Burden Of Proof Evidence Discovery Litigation

Understanding Jury Duty and Misconduct in the Legal Arena

Jury Analyst

MAY 22, 2024

Litigants expect a fair trial, and introducing external evidence violates this expectation. As such, educational efforts and stricter controls are continuously implemented to safeguard the sanctity of jury deliberations. Pronounced jury misconduct can lead to civil litigation.

Evidence

Evidence Jury Deliberation Jury Selection Jury Instructions

Understanding Jury Duty and Misconduct in the Legal Arena

Jury Analyst

MAY 22, 2024

Litigants expect a fair trial, and introducing external evidence violates this expectation. As such, educational efforts and stricter controls are continuously implemented to safeguard the sanctity of jury deliberations. Pronounced jury misconduct can lead to civil litigation.

Evidence

Evidence Jury Deliberation Jury Selection Jury Instructions

Trial Strategy Today

Vidal Amicus Asks CAFC to Correct ED of TX Jury Instructions on Eligibility

CAFC: Jury Instructions Must Address Each Objective Indicia of Nonobviousness Raised by Patent Owner

Webinars

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Designation of “Work Product” Supports Inference of Intentional Spoliation

Webinars

Fifth Circuit Affirms Texas Court’s Judgment that Ericsson Complied with FRAND Obligations

2024 Litigation Resolutions for All Litigators

What I’ll Be Watching for in the Amgen Oral Arguments

Confirmation Bias: The Science Behind its Impact on Jury Selection and Litigation

Three Key eDiscovery Lessons from Domus BWW Funding v. Arch Insurance Company

Best Evidence Rule Requires Post-Level Collection for Social Media Evidence

I'm Getting Judgy and Judging Judges Today

The Power of Media Coverage: How it Shapes Jurors’ Perceptions and How Scientific Jury Analysis Can Help Mitigate Bias

Strobel v. Johnson & Johnson: Got a Hearsay Problem? Don't Give Up.

Mitigating the Effect of Confirmation Bias During Jury Selection and Deliberation

Strategies to Mitigate the Effect of Confirmation Bias During Jury Selection and Deliberation

Strategies to Mitigate the Effect of Confirmation Bias During Jury Selection and Deliberation

Town Sanctioned for Prejudicial Breaches of Duty to Preserve in Alleged Sexual Assault Case; Court Also Addresses Use of Personal Email by Council Members

Understanding Jury Duty and Misconduct in the Legal Arena

Understanding Jury Duty and Misconduct in the Legal Arena

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