Two recent federal court decisions shed new light on the ongoing wave of challenges to diversity, equity and inclusion initiatives following the U.S. Supreme Court's decision one year ago in Students for Fair Admissions v....more
The US Court of Appeals for the Fifth Circuit determined that an automotive parts supplier did not have constitutional standing to pursue an antitrust lawsuit against standard essential patent (SEP) owners that refused to...more
Under Appellate Rule 10, the general rule is that appellate courts only decide issues properly raised, argued, and decided in the trial tribunal. But exceptions to this general rule exist for issues considered so fundamental...more
In a recent concurring opinion, Judge Rowan D. Wilson sifts through and attempts to clear up some confusion in New York case law surrounding the doctrine of standing in foreclosure actions. ...more
Practicing law at a socially appropriate distance has forced many litigators to broadly consider the value of face-to-face interaction—and what may be lost in its absence. A recent Pennsylvania Supreme Court opinion...more
During a judicial career that spanned more than 25 years, Carlton Fields Shareholder Peter Webster presided over numerous jury trials as a circuit judge and authored hundreds of appellate opinions following his appointment to...more
With the advent of courtroom technology, parties are increasingly relying on audiovisual evidence or demonstrative aids to present their case to the trier of fact. Sometimes, however, counsel fail to specifically object to...more
Without a crystal ball, trial lawyers can make objections only on the basis of what has occurred or what they reasonably expect might occur based on the facts and circumstances existing at the time. Litigation, however is a...more
The recent case Baker v. R.J. Reynolds Tobacco Co., 2015 WL 671192 (Fla. 4th DCA Feb. 18, 2015), underscores the significance of objecting at trial to preserve error on appeal in unsettled areas of the law or in anticipation...more
To preserve an issue for appellate review while at trial, is it acceptable to rely on a standing objection advanced when the issue first arises? Or should you renew your position whenever confronted with objectionable...more
The SDNY Patent Litigation Update provides a single-resource, monthly summary of patent litigation action in SDNY including complaints filed, important decisions, and trending issues. For example, last month Judge Scheindlin...more
Jury instructions are the mechanism that provides the jury with the proper legal structure to analyze the evidence that has been presented at trial. Without proper guidance through good instructions on the law, the jury is...more
Under Florida’s Evidence Code, “[i]f a court has made a definitive ruling on the record admitting or excluding evidence, either at or before trial, a party need not renew an objection or make an offer of proof to preserve a...more