Search for: "Standard Jury Instructions Civil Cases"
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13 Oct 2019, 7:20 pm
But the trial court's state-law jury instructions imposed a higher burden of proof for Zarda than federal law requires. [read post]
12 Jun 2015, 11:06 am
At trial, the defendant requested that the court instruct the jury that the government had to prove that there was a true threat. [read post]
1 Apr 2020, 5:00 am
Despite the best of instructions to a jury from a judge that sidebar conferences are a necessary part of a trial to deal with tangential issues, a jury will likely always feel that something is being kept from them and will also grow impatient with the delays caused by the conferences. [read post]
10 Dec 2013, 9:30 am
In a patent and trademark infringement case, the court ordered an adverse inference jury instruction and monetary sanctions against the defendants for the spoliation of evidence. [read post]
10 Nov 2013, 9:09 pm
In cases like this one, where death has occurred from a drug overdose, there is no need for a jury instruction that it has to find that the drug dealer foresaw that death could result, the government argued. [read post]
21 Mar 2023, 4:40 am
The district court was therefore reversed in full and the case remanded with instructions to consider appointment of counsel for the plaintiff and to permit discovery on both claims. [read post]
5 Jan 2022, 6:02 am
Criminal and civil cases are entirely separate. [read post]
29 Mar 2011, 9:41 am
However, later amendments shifted the focus to private, civil enforcement. [read post]
21 Feb 2019, 5:32 pm
We have a romaine E. coli case in Idaho of a young man who suffered a severe case of hemolytic uremic syndrome (HUS), was hospitalized for a month and incurred nearly $250,000 in medical expenses and lost wages. [read post]
25 Jun 2013, 6:13 pm
” Justice Ginsburg, dissenting, had argued to no avail that the use of two different standards would vex both trial judges and juries. [read post]
8 May 2007, 5:27 am
The following is a glossary of a broad list of legal terms, civil and criminal, state and federal and not just those in a divorce or family law case. [read post]
17 Feb 2023, 6:50 am
This produces three interrelated quandaries at the outset of trade secret case: Do the pleadings adequately set forth a cause of action under the familiar Twombly and Iqbal standards? [read post]
27 Jul 2010, 9:24 am
In my trials, in civil practice, the "witness not called" was a standard jury instruction, but of course the judge has enormous discretion over the trial and, for all I know, criminal trials differ from civil trials on that point. [read post]
25 May 2012, 1:44 pm
Finally, although the law says and the judge will instruct that the jury not consider damages until they determine liability, the reality is that jurors make deals. [read post]
4 Feb 2023, 8:05 am
The court noted that the Committee on Standard Jury Instructions (Civil) at 2 (June 7, 2019), did not propose redrafting instruction 401.20(a) itself, stating that the instruction remained “accurate for premises liability claims involving a landowner or possessor’s negligence toward invitees and invited licensees that do not involve transitory foreign substances. [read post]
4 Aug 2008, 7:06 pm
U.S. 5th Circuit Court of Appeals, July 28, 2008 US v. $92,300 in US Currency, No. 06-51033 Summary judgment ordering the forfeiture of currency allegedly found on claimant and in his vehicle is reversed where: 1) the government's evidence supporting its motion consisted of an affidavit containing hearsay evidence; and 2) legislative changes increasing the government's burden in civil forfeiture cases to a preponderance-of-the-evidence standard also required that… [read post]
29 Apr 2015, 12:38 pm
Brown, Eleventh Circuit: Appellant, an inmate, brought a civil rights suit under 42 U.S.C. [read post]
8 Apr 2010, 9:48 am
What we’re kvetching over in this post are plaintiffs seeking to interject FDA regulations with their lax causation standards into an ordinary common-law tort cases, typically alleging inadequate warnings or some related informational failing.Defendants should be vigilant against plaintiffs’ stealth preemption attempts either through the back door (some sort of expert opinion) or through the front door (asking the judge to instruct the jury)… [read post]
20 May 2018, 2:26 pm
In this case, the Texas Medical Board (Board) entered into an Agreed Order[1] with a physician alleged to have violated the standard of care in a number of cases. [read post]
25 Apr 2015, 8:12 am
LeadClick met this standard with respect to the fake news site operators. [read post]
