Search for: "In Re: Standard Jury Instructions in Civil Cases"
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11 Jul 2018, 9:00 pm
The Court made clear that Twombly’s plausibility standard applies in all civil cases. [read post]
30 May 2018, 2:03 pm
If we hold, as the court apparently does, that one implication of the existence of such precise, independent standards is that juries must be instructed to find facts according to those standards, we raise the spectre of requiring trial judges in defamation cases to instruct juries as to four separate and distinct burdens of proof, falling variously on the plaintiff and defendant. [read post]
30 May 2018, 1:31 pm
If we hold, as the court apparently does, that one implication of the existence of such precise, independent standards is that juries must be instructed to find facts according to those standards, we raise the spectre of requiring trial judges in defamation cases to instruct juries as to four separate and distinct burdens of proof, falling variously on the plaintiff and defendant. [read post]
3 May 2018, 3:48 am
When someone tries to sell that it’s the same standard as “most civil proceedings,” they’re being disingenuous or ignorant. [read post]
13 Apr 2018, 1:05 pm
Two Pesos: held that inherent distinctiveness as a question for the jury (where as Litman points out the jury was instructed that a mark is inherently distinctive if it’s not descriptive) and that might not be right. [read post]
26 Mar 2018, 6:09 pm
Each of the loan contracts contains an identical Waiver of Jury Trial and Arbitration Provision. [read post]
2 Feb 2018, 7:37 am
"Because there is a reasonable probability that this erroneous instruction affected the jury’s verdict, we remand for a new trial. [read post]
2 Feb 2018, 7:04 am
, 197 N.J. 81, 961 A.2d 1167 (2008) (spoliation claim may be addressed both by an adverse-inference instruction given to the jury, and by a separate claim in a bifurcated proceeding.) [read post]
25 Jan 2018, 10:29 am
The federal district court denied the officers’ defense, finding there was sufficient evidence to let the case be tried by a jury. [read post]
12 Jan 2018, 8:19 am
American Standard, Inc., 2005-Ohio-2613 (8th Dist.) [read post]
1 Jan 2018, 7:00 am
So there is no hard-and-fast standard of independence. [read post]
5 Dec 2017, 9:14 pm
The appellate court also assessed the lower court’s denial of the res ipsa loquitur instruction. [read post]
8 Oct 2017, 10:12 am
The Texas highest court for civil cases is being urged to bless such claims under a revamped common-law theory known as quantum meruit (literally meaning “as much as is deserved”). [read post]
3 Oct 2017, 8:28 am
The cases mostly concern an 1870 statute that generally prohibits active-duty military officers from holding “civil offices. [read post]
20 Sep 2017, 9:34 pm
Consequences for breaching this duty can be severe, from professional discipline to civil liability for legal malpractice. [read post]
18 Sep 2017, 1:36 am
Standard jury instructions for patent cases and explanation of the “teaching suggestion motivation” test did not reduce hindsight bias.Marco Kleine (Senior Research Fellow, MPI for Innovation and Competition, Munich, Germany) added some thoughts from an experimental economist’s perspective, but had to admit that the economic research in this area largely relied on the psychological studies introduced by Prof. [read post]
14 Sep 2017, 1:33 pm
Each written credit service agreement contained a provision entitled "Waiver of Jury Trial and Arbitration Provision" (hereinafter referred to as "arbitration provision"). [read post]
13 Sep 2017, 1:58 pm
Leaking FBI memos on a sensitive case, regardless of classification, violates federal laws, including the Privacy Act, standard FBI employment agreement and nondisclosure agreements that all personnel must sign. [read post]
20 Jul 2017, 11:00 am
Impeachment—from the Latin impedicāre, to fetter, to entangle—is a process that the Framers did not merely export from the Brits but rescued from a withering vine. [read post]
21 Jun 2017, 4:20 am
Instruct the jurors on female excuses, so that good testimony proves they’re telling the truth, and bad testimony also proves they’re telling the truth. [read post]
