Previously I posted about Dallas County juries here and here. Last week a federal jury ordered Johnson & Johnson to pay $1.041 billion to six plaintiffs who received defectively-designed hip implants. Of the total verdict, $32 million was for compensatory damages, and the rest was for punitive damages. The federal jury that ordered Johnson
Fox Rothschild LLP
What is the best evidence at trial?
I recently had a trial that caused me to think long and hard about what is the best evidence at trial. I concluded that documents, photos and videos beat witness testimony hands down. I believe that a case built around documentary evidence is stronger than a case build on witness testimony.
I think the reason…
Dallas County juries, Part II
I recently posted about the recent survey of prospective Dallas County jurors’ opinions and beliefs here. Based on the survey’s results and my own observations, I felt that Dallas County had changed from neutral to plaintiff-friendly in terms of likely jury panels. Assuming that blue leans more plaintiff-friendly, the recent election results support my…
If you want to make sure a contractual term is material, then say it is material in the contract
Under contract law, if one party to the contract materially breaches the contract, the other party is discharged or excused from further performance. That’s clear enough. The problem comes in when the parties argue whether the term that was breached was material. The Fifth Court of Appeals in Dallas issued an opinion this week that…
Boiler-plate irreparable injury language in temporary injunction bites the dust
Why do courts seem to hate temporary injunctions? By the very nature of the relief requested, the parties come to court with urgency for immediate action. The trial judge has to find time on her docket for a hearing in a case that probably did not exist a week ago. The parties scramble to conduct…
Hiring Outside Counsel To Conduct Internal Investigation Does Not Shield Results From Disclosure
Communications between an attorney and client are privileged, right? As iron-clad as we think the attorney-client privilege may be, there are limits.
Ian Meklinsky at Fox Rothschild LLP shared an interesting case with me this morning where a federal judge in New Hampshire ordered the production of the reports prepared by outside counsel following an …
Sabermetrics for lawyers?
Baseball is at its greatest in October. In baseball, statistics rule. People analyze stats to predict the future. Just about everyone accepts that a hitter is valued by the hitter’s batting average. A hitter’s batting average is the number of hits divided by the number of at-bats. That’s easy enough, but it gets a little…
Discrimination on the basis of sexual orientation is the same as discrimination on the basis of sex
Sexual orientation is a protected class under Title VII, right? Maybe. The United States Supreme Court has ruled that same-sex harassment is sex discrimination under Title VII. The EEOC has taken the position that sexual orientation discrimination is the same as discrimination on the basis of sex under Title VII. The Federal Courts of Appeals…
On December 1, 2016 More People Than Ever Before Will Be Eligible for Overtime Under the FLSA
On December 1, 2016, the salary component of the three most popular exemptions under the overtime requirements of the Fair Labor Standards Act will go from $455 to $913 per week ($47,476 annually). The immediate impact of this change is that if a company is not paying existing salaried employees at least $47,476 annually, then…
Dallas County Does Not Trust Corporate America
According to Bloom Strategic Consulting, Dallas County juries distrust corporate America, believe that litigation is an effective way to police corporate abuse, and in general agree that juries award the right amount of damages.
Yesterday I came across this report published by Bloom Strategic Consulting, which I found fascinating. Bloom asked approximately 1,000 prospective …