A drug defendant was not required to show bad faith in order to be entitled to an adverse-inference jury instruction as a remedy for the government’s destruction of evidence, the 9th U.S. Circuit Court of Appeals has ruled in granting ...Read More »
It’s nice work if you can get it. A trip-and-fall plaintiff cried foul when it was revealed that a fact witness against her received $10,000 for an hour of trial testimony. Yesterday, New York’s highest court decided that the testimony ...Read More »
A drug defendant was entitled to a “subjective” jury instruction on the issue of whether she reasonably should have known that the over-the-counter drugs she purchased were being used to manufacture methamphetamine, the 9th Circuit has ruled in reversing a ...Read More »
Baseball has a strike zone and the infield fly rule, basketball has personal and team fouls, and in the litigation arena there are pre-trial and in-limine rulings. Litigators understand what playing field they are on and which guidelines they are expected to follow. Jurors, on the other hand, know how to behave as spectators but they usually are not given legal instruction – the rules that guide their verdicts – until the end of the case, and that can be devastating to your argument. Trial consultant Richard Gabriel offers some advice to help make sure the jury understands your rules for the case.
Tagged with: jury instructionsRead More »
Although the case was closer than expected, attorneys who represent railroad workers are applauding the Supreme Court’s ruling last week that applied a relaxed causation standard to injury claims under the Federal Employers’ Liability Act.Read More »
An injured railroad worker suing under the Federal Employers’ Liability Act need only prove that the railroad company’s negligence played a part – no matter how small – in his injury, the Supreme Court has ruled in a 5-4 decision.Read More »