In the fall of 2006, the Second Circuit ruled on appeals from the jury trials in two huge insurance cases: SR International Business Insurance Co., Ltd. v. World Trade Center Properties, LLC, 467 F.3d 107 (2d Cir. 2006) ('Swiss Re'), and Olin Corp. v. Certain Underwriters at Lloyd's London, 468 F.3d 120 (2d Cir. 2006). Both cases went to a jury verdict in 2005 against fairly overwhelming odds. Commentators have widely observed that jury trials are a disappearing breed. In 2002, only 1.8% of civil cases in federal courts and only 0.6% of civil cases in state courts went to jury trial. See Marc Galanter, The Vanishing Trial: An Examination of Trials and Related Matters in Federal and State Courts, J. Empirical Legal Stud. 1 (3), 459-570 (2004); Brian J. Ostrom, et al., Examining Trial Trends in State Courts: 1976'2002, J. Empirical Legal Stud. 1 (3), 755-782 (2004). Moreover, both cases define high stakes, mega-insurance litigation: complex fact patterns, major corporate policyholders and insurers, billions of dollars in insurance coverage, and disputes closely watched by the press and public. Given this context, it is fairly extraordinary that the parties in Swiss Re and Olin let a jury of 'peers' determine the outcome of their disputes. The trial proceedings and appellate review in these cases are worthy of study for insurance litigators hoping or planning for a jury trial of their own.
- February 01, 2007Lynn K. Neuner and Benjamin D. Bleiberg
The latest happenings in this important area.
January 31, 2007ALM Staff | Law Journal Newsletters |'We hold that petitioner was not required, insofar as Article III is concerned, to break or terminate its 1997 license agreement before seeking a declaratory judgment in federal court that the underlying patent is invalid, unenforceable, or not infringed.'With this language, the U.S. Supreme Court concluded its 8-1 landmark decision in MedImmune, Inc. v. Genentech, Inc., reversing the holding of the U.S. Court of Appeals for the Federal Circuit ('Federal Circuit'). This decision has potentially wide-ranging ramifications for patent licensing.
January 31, 2007Benjamin Hershkowitz and Scott KolassaThe U.S. Supreme Court has recently shown an interest in intellectual property in general and patents in particular. Most prominent among the recent cases is KSR International Co. v. Teleflex Inc., which presents perhaps the most difficult question in substantive patent law: When is the subject of a patent application a true 'invention' ' that is, something that promotes the progress of a useful art sufficient to warrant giving the applicant exclusive rights to the technology claimed for the next 20 years. Conversely, when is the invention 'obvious' ' merely taking a step that anyone of ordinary skill would take, confronted with the same problem and possessing all the knowledge already known to the field?
January 31, 2007Elizabeth Rader and Thomas GoldsteinPutative father could obtain relief under state statute that granted a substantive, not procedural, right to address potential injustice. The State Ex rel. Loyd, v. Lovelady, 108 Ohio St.3d 86 (Ohio 2006).
January 31, 2007ALM Staff | Law Journal Newsletters |We can think of no form of information that cannot be misused ' either deliberately by the manipulative, or inadvertently by the inept. Survey data are no exception. As psychologists, it is with some reluctance that we offer commentary on the relative merits of different standards for the admissibility of expert testimony, but our experiences in different states have heightened our awareness of how different standards affect the admissibility of testimony offered by psychologists in child custody litigation.
January 31, 2007David A. Martindale, and James N. BowA major debate is under way as to the future of the 'grave risk of harm defense' in Hague Convention international child abduction cases. The move is spearheaded by those who believe that the Hague Convention discriminates against expatriate mothers who are victims of domestic violence and who return to their countries of origin with their children.
January 31, 2007Jeremy D. MorleyComposition Creation/Statute of Frauds
Concert Venues/Charitable Immunity Statutes
Copyright Infringement/Co-Authorship Bar
Copyright Infringement/Co-Authorship Claim
Copyright Infringement/No Issue of Material Fact
Rescission Claims/Copyright Pre-emptionJanuary 31, 2007Stan SoocherRecently filed cases in entertainment law, straight from the steps of the Los Angeles Superior Court.
January 31, 2007ALM Staff | Law Journal Newsletters |Net-Profit Rights/Movies Based on TV Shows
Insurance/Contract-Breach Exclusion
Insurance/Copyright-Infringement CoverageJanuary 31, 2007ALM Staff | Law Journal Newsletters |