Tuesday, July 14, 2009

"Flagrant and Intentional" Violation of Order In Limine Warrants Mistrial, Award of Costs/Fees of New Trial, Instruction to Jury, Exclusion of Expert

Plaintiff's motion for sanctions against a defendant who violated a court order by raising the issue of plaintiff's motivation for incorporation in the Cayman Islands was granted in part. Plaintiff was given the option of having a mistrial declared against the defendant, severing that defendant for a separate trial, limiting the defendant's voir dire with an instruction to the new jury panel regarding the basis for the limitation, excluding defendant's infringement expert from trial, and paying all the parties' costs and attorneys' fees for the first jury selection as well as the plaintiff's costs and attorneys' fees for the second trial.

02 Micro Int'l v. Beyond Innovation, et al,
(TXED July 10, 2009, Memorandum Opinion & Order) (Everingham, M.J.)

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