Experts say two recent rulings in the Fifth Circuit Court of Appeals shows an evolution in thinking among the court as a political party divide and a philosophical debate arises from a new Democratic majority. The firm’s David Coale says these cases are what Democratic justices were waiting for as they had campaigned on a concept of being more respectful to juries and verdicts.

"These are issues that are never hot – they're just always kind of important," Mr. Coale told Law360. "It takes a while to find the right vehicle. You have to find the right case and the words."

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