Eleventh Circuit Affirms Judgment as a Matter of Law Tossing a $300 Million Verdict, Owing to Admission of Hearsay Valuation Evidence, Yet Remands for a New Trial on Damages

In Taxinet Corp. v. Leon, No. 22-12335 (11th Cir. Aug. 19, 2024), the Eleventh Circuit affirms judgment as a matter of law that wiped out a $300 million jury verdict on a state law unjust-enrichment claim, after the district court held that it erred in admitting hearsay valuation evidence. Yet the panel exercises discretion toContinue reading “Eleventh Circuit Affirms Judgment as a Matter of Law Tossing a $300 Million Verdict, Owing to Admission of Hearsay Valuation Evidence, Yet Remands for a New Trial on Damages”

Second Circuit Reverses District Court’s Post-Trial Tripling of Jury Award of Damages, Finding No Fundamental Error in Jury Verdict

In Salamone v. Douglas Marine Corp., No. 21-1331 (2d Cir. Aug. 8, 2024), the Second Circuit affirms a jury verdict in a state-law contract case, but reverses the district court’s post-verdict tripling of the damages, holding that the plaintiff forfeited a challenge to the jury’s calculation and there was no fundamental error warranting judicial interventionContinue reading “Second Circuit Reverses District Court’s Post-Trial Tripling of Jury Award of Damages, Finding No Fundamental Error in Jury Verdict”

Culture Wars in the Eleventh Circuit? En Banc Court Votes to Vacate Conviction Because Christian Juror Who “Trusted the Holy Ghost” Was Erroneously Dismissed from Trial

In United States v. Brown, No. 17-15470 (11th Cir. May 6, 2021) (en banc), a strict partisan split yields a 7-4 decision to vacate the fraud conviction of a former U.S. Representative because the judge removed a juror during deliberations who said that “A Higher Being told me [the defendant] was Not Guilty on allContinue reading “Culture Wars in the Eleventh Circuit? En Banc Court Votes to Vacate Conviction Because Christian Juror Who “Trusted the Holy Ghost” Was Erroneously Dismissed from Trial”

Judge Who Returned Jury to Deliberate Over Holdout Juror’s Dissent Committed Plain Error Under Fed. R. Crim. P. 31, Holds Seventh Circuit

In United States v. Banks, No. 19-3245 (7th Cir. Dec. 18, 2020), the Seventh Circuit vacates a conviction that the panel holds was “unacceptably coercive,” when the trial judge exposed a dissenting juror during a poll, then sent the jury back to deliberate at 9pm. The United States prosecuted a federal employee who was chargedContinue reading “Judge Who Returned Jury to Deliberate Over Holdout Juror’s Dissent Committed Plain Error Under Fed. R. Crim. P. 31, Holds Seventh Circuit”

Negotiations Over Post-Termination Commission Should Have Been Excluded Under Fed. R. Evid. 408, Holds Fourth Circuit

In Macsherry v. Sparrows Point, LLC, No. 19-1281 (4th Cir. Sept. 1, 2020), a $1 million judgment in favor of plaintiff is vacated when the panel holds that evidence of negotiations over a claimed commission payment constituted offers to compromise a claim under Fed. R. Evid. 408, and thus should not have been admitted intoContinue reading “Negotiations Over Post-Termination Commission Should Have Been Excluded Under Fed. R. Evid. 408, Holds Fourth Circuit”

Judge Did Not Err in Recalling Jury When Courtroom Deputy Announced That They “Made a Mistake” on the Verdict Form, Second Circuit Holds

In Emamian v. Rockefeller Univ., No. 19-127 (2d Cir. Aug. 19, 2020), the Second Circuit upholds a jury verdict over the defendant’s objection that a discharged jury should not have been recalled to continue deliberations and submit a new verdict form. After a six-week jury trial of a race and national-origin discrimination claim under theContinue reading “Judge Did Not Err in Recalling Jury When Courtroom Deputy Announced That They “Made a Mistake” on the Verdict Form, Second Circuit Holds”