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Evidence Bench Trial

U.S. Legal Support

Bench Trial vs. Jury Trial: Preparing for Each

U.S. Legal Support on

When a case proceeds to trial, a legal team may face a critical decision about whether to have it adjudicated by a jury of peers or a single judge. Both options can offer benefits depending on the merits and subject matter...more

Marshall Dennehey

Competent, Substantial Evidence Is the Name of the Game in Construction Disputes

Marshall Dennehey on

Q.D.S. Development, Inc. v. National Lining Systems, Inc., 2024 WL 357984 (Fla. 3d DCA Jan. 31, 2024) - It is common in construction disputes between sophisticated parties for the parties to agree to engage in a bench trial,...more

Robins Kaplan LLP

Evenstad Family Trial Aftermath: Rule 408 May Not Be Used as a Sword and Shield

Robins Kaplan LLP on

It’s unlikely the extended Evenstad family, former owners and heirs of the Upsher-Smith company, will be celebrating Thanksgiving together this year. After all, the last time the family got together was likely for the 16-day...more

Bass, Berry & Sims PLC

Chris Lazarini Analyzes Case Claiming Entitlement to Funds Held in Trust After Sale of Business

Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini analyzed a case in which two defendants – a former employee and a company that assisted in the sale of the business – both claimed entitlement to funds held by an attorney in trust...more

Holland & Hart - Your Trial Message

Know Your Trial Message

Trial lawyers understand the need to refine and to help fit the main point of their case into the smallest possible container. In complex litigation, however, that quest for a bottom line can be elusive. You might have your...more

Jackson Walker

Fifth Circuit Gets Out of the Implied Findings Business

Jackson Walker on

Federal Rule 52(a) requires that when a district court conducts a bench trial, it is obliged to “find the facts specially.” In its recent significant decision in ENI US Operating Co., Inc. v. Transocean Offshore Deepwater...more

Holland & Hart - Your Trial Message

Don’t Fret, Your Jury Can Handle Some Complexity

So the case is complex. Maybe it involves a tricky multi-stage legal question. Or maybe it requires understanding some arcane point on patents. Or perhaps it requires grappling with the workings of an unfamiliar technology....more

Knobbe Martens

Trademark Review | September 2016

Knobbe Martens on

BLACK GIRLS ROCK! and BLACK MEN ROCK Deemed Confusingly Similar - This opposition involved a straight-forward likelihood of confusion analysis. Opposer owned a registration for the mark BLACK GIRLS ROCK! for clothing and...more

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