And now, my notes from trial lawyer Jim Perdue’s talk on “Winning with Stories”, with light editing.
Continue Reading Winning with Stories
jury
U.S. Judge Makes Case for Jury Trials
By Barry Barnett on
The American jury makes a profound contribution to the very structure and fabric of American law, Ciulla v. Rigny, 89 F. Supp. 2d 97, 98 (D. Mass. 2000), and so it is here. Indeed, this particular case would be of little interest to anyone other than the litigants were it not for the remarkable
…
$44.4 Million Trade Secrets Verdict Stands in Fifth Circuit
By Barry Barnett on
A Houston jury awarded Wellogix $94.4 million for Accenture's misappropriation of trade secrets in software that helped oil and gas companies track and manage costs of drilling wells. The judge cut the award to what Wellogix asked for — $26.2 million in actual damages plus $18.2 million in punies. And today the Fifth Circuit affirmed.
Did Apple v. Samsung Jury Go Too Far?
By Barry Barnett on
A law prof at a small school in the Golden State opined that the jury in Apple v. Samsung went Way Too Far when on August 24 it awarded Apple almost $1.05 billion after finding that Samsung copied — very much on purpose — Apple's smartphone designs.
His analysis? That an "average smartphone may arguably…
Evil Intent Behind Firing Doesn’t Matter, Texas Supreme Court Holds
By Barry Barnett on
A firm fires an employee for the sole reason (say) that she refused to murder the CEO of the firm's main rival. May a jury consider, in deciding whether to award the employee punitive damages, the firm's murderous motive that resulted in the firing?
No, the Supreme Court of Texas held today. No matter how…
Allen Stanford Guilty on 13 Fraud Counts; Ponzi-Palooza?
By Barry Barnett on
The NYT reports that a federal jury in Houston today convicted high-yield CD king Allen Stanford on all but one of the 14 fraud counts against him.
Stanford grew up in Mexia, Texas, and got a finance degree from Baylor in Waco. In the 1980s, he moved to Montserrat and later Antigua.
His Stanford Financial…
Mock Trial — Dare You NOT Do It?
By Barry Barnett on
Blawgletter's firm handles much of our work on a contingent fee basis. That means we share risk with our clients — and earn no fee if we don't help our clients get a good result.
What counts as a good result will vary from case to case. It often involves a money inflow, sometimes not…
Write Before You Speak
By Barry Barnett on
Deliberations got it just right last week. Did it ever.
The post — in screaming all caps — touts "THE OTHER DEFINITION OF 'LAW PRACTICE'". It tells of a defense lawyer whose closing went so far off-script that he confounded the jury, the foreperson of which said his argument seemed "almost . .
Quote of the Day: Sam Adam, Jr.
By Barry Barnett on
No one's going to say he's the sharpest knife in the drawer.
Sam Adam, Jr., arguing to the jury in United States v. Rod Blagojevich.
Not the brightest light on the porch.
One beer short of a six-pack.
Two bricks shy of a load.
A few fries short of a Happy Meal.
…
Federal Circuit Divines Jury’s Intent on Damages
By Barry Barnett on
The Federal Circuit looked at a verdict for $6.5 million this week and held that the jury meant to award more.
The case involved three patents relating to "transmission of data in telecommunications networks." Telcordia Technologies, Inc. v. Cisco Systems, Inc., No. 09-1175, slip op. at 3 (Fed. Cir. July 7, 2010). One…