• February 24, 2017

    Ex-LA Sheriff Lied To Feds, Jury Told On Day 1 Of Retrial

    A federal prosecutor delivered opening statements Friday in the public corruption retrial of former Los Angeles County Sheriff Lee Baca with new allegations that Baca lied to federal investigators about his efforts to thwart a probe into inmate abuse, while his defense team countered that the septuagenarian had a failing memory.

  • February 24, 2017

    Feds Hit Back At UN Bribery Suspect's Discovery Grumbles

    Federal prosecutors on Thursday pushed back against complaints from Chinese real estate tycoon Ng Lap Seng that the government has been slow to produce key evidence in the case accusing him of trying to bribe United Nations officials, calling the gripes inaccurate.

  • February 24, 2017

    Defense Hammers Star Government Witness At Trial

    A Florida ex-convict cooperating with prosecutors in the Manhattan bitcoin-exchange bribery and fraud trial of New Jersey pastor Trevon Gross and tech expert Yuri Lebedev conceded Friday that he tried to sell information and threatened founder Anthony Murgio before pleading guilty.

  • February 24, 2017

    1st Circ. Affirms Cocktail-Napkin Insider Trading Conviction

    The First Circuit on Friday affirmed the conviction of a Massachusetts man who got a tip about a bank acquisition on a country club cocktail napkin, finding the "surreptitious" manner of the tip was enough for a jury to conclude that he knew his tipper was spilling secrets.

  • February 24, 2017

    Mediation Fails in MF Global's $1B PwC Malpractice Suit

    A last-ditch effort to avert trial in MF Global's billion-dollar professional malpractice suit against its accountants at PricewaterhouseCoopers has ended in failure, and a final fight has erupted over what the jury can be told about the firm’s collapse and PwC’s responsibilities, according to documents filed Friday in New York federal court.

  • February 24, 2017

    Pa. PE Firm's Pretrial Deal With Co. Minority Owners Fails

    A potential settlement that would have released the minority owners of a network infrastructure company from a lawsuit brought by one of Pennsylvania’s largest private equity firms alleging they misrepresented the value of their asset collapsed Friday, after a federal trial had been postponed because of the pending agreement.

  • February 24, 2017

    Nationwide Can't Ax $8M Bad Faith Award, 11th Circ. Told

    The husband of a woman killed in a car crash caused by a Nationwide policyholder urged the Eleventh Circuit on Friday to affirm an $8 million jury award against the insurance company based on its failure to settle claims over the crash, arguing that the insurer's negligence was sufficient to support the award.

  • February 24, 2017

    Jury Finds Bank Waived $1.3M Insurance In Perfume Theft

    A New York federal jury on Thursday found that Flushing Bank waived its right to a $1.3 million insurance payout for a perfume warehouse burglary in the course of an email exchange with the business owner.

  • February 24, 2017

    Feds Can't Seize Luxury Cars From Accused Fraudster: Jury

    A New York federal jury has sided with a company accused of exporting luxury cars overseas in a scheme to defraud dealerships, finding that Manhattan attorneys haven't provided enough evidence to warrant a seizure of the company's cars and $3.5 million from its bank accounts.

  • February 24, 2017

    Vanderbilt Hospital Prevails In Heart Surgery Med Mal Suit

    A Tennessee state appeals court on Thursday upheld a jury verdict clearing Vanderbilt University Medical Center of medical malpractice in connection with a patient’s heart surgery, saying the trial judge was right to deny the patient’s estate’s request for special jury instructions.

  • February 24, 2017

    Lewis Brisbois Snags Litigator For New Miami Office

    Lewis Brisbois Bisgaard & Smith LLP has added an experienced litigator to its fledgling Miami office from Weinberg Wheeler Hudgins Gunn & Dial LLC, boosting the firm’s depth in its insurance, construction, securities and products liability practices.

  • February 24, 2017

    4th Circ. Won't Take New Look At Ex-Massey CEO’s Conviction

    The Fourth Circuit refused Friday to rehear former Massey Energy Co. CEO Don Blankenship’s appeal of his conviction for conspiring to violate mine safety laws before a 2010 coal mine explosion that killed 29 people, declining to re-examine claims that that the jury was given faulty instructions.

  • February 24, 2017

    3rd Circ. Won't Reverse Ruling Over Pa. Mansion Fire

    The Third Circuit affirmed on Thursday a ruling that found Chartis Property Casualty Co. didn’t intentionally push out a prospective buyer during insurance claim negotiations after a Philadelphia area mansion burned down, saying Chartis only had an obligation to the mansion’s owner, who held the policy.

  • February 24, 2017

    RJR Gets New Trial In Engle Case Where Jury Awarded $23B

    R.J. Reynolds won a request Friday for a new trial in an Engle progeny suit where a jury originally awarded $23.6 billion in punitive damages, as a Florida appeals court said the plaintiff's closing arguments crossed proper boundaries "repeatedly, flagrantly, and often in defiance of the trial court’s admonishments."

  • February 23, 2017

    J&J Talc Plaintiff Just Learned Key Cancer Details, Jury Hears

    A cancer survivor suing Johnson & Johnson over the alleged role of its talcum powder in her disease told a Missouri jury Thursday that she has been “shocked” over the past few days to learn key details about the tumor she had removed in 2013, like the stage it had reached and the fact that it could return.

  • February 23, 2017

    Feds Press For Ballplayer Smuggler's Son Testimony

    Case law supports the son of a convicted migrant smuggler being allowed to testify about a conversation he overheard between his father and a baseball agent on trial for allegedly helping Cuban ballplayers gain fraudulent entry into the United States, federal prosecutors argued in a filing Thursday.

  • February 23, 2017

    Abuse Claims 'Overblown' In Jackson Tax Trial: IRS' Expert

    An intellectual property expert testified for the IRS on Thursday that the damage child molestation allegations did to Michael Jackson's name and likeness rights has been “overblown” in the Los Angeles trial to determine if Jackson's estate owes the IRS hundreds of millions of dollars for undervaluing its assets.

  • February 23, 2017

    Ohio Court Revives Med Mal Suit Over Botched Surgery

    An Ohio appeals court on Thursday revived a medical malpractice lawsuit against a Cleveland hospital and a surgeon, finding that the trial court unreasonably struck entire motion documents from a former patient based on a technicality and that there was sufficient evidence to take the case to trial.

  • February 23, 2017

    Jury Awards $6M To WWII Hero's Widow In Engle Case

    A Florida jury awarded $6 million on Thursday in the case of a World War II hero who developed lung disease and who had blamed R.J. Reynolds for lying about the dangers of tobacco — but the jury said the man's death was not caused by the company.

  • February 23, 2017

    NC Judge Gets Beer Bribery Retrial Over Bias From Bench

    A North Carolina state court judge accused of bribing an FBI agent with beer to spy on the judge's wife was granted a retrial on Thursday after arguing that jurors overheard the federal judge on the case say he mistrusted the lead defense attorney.

Expert Analysis

  • More Pricing Litigation On The Docket In 2017

    The current wave of pricing litigation began nearly three years ago, and has already targeted more than 60 retailers in more than 100 lawsuits. In 2017, several cases are on appeal, others are starting the class certification or summary judgment phase, and some are slated for trial, portending possible major changes in case law, say Stephanie Sheridan and Meegan Brooks of Sedgwick LLP.

  • The Mistakes Lawyers Make When Copying And Pasting

    Robert D. Lang

    We all recognize that cutting or copying text from earlier works and pasting it into new documents saves attorneys time. However, with this increase in speed comes an increased risk of making, or not catching, errors, says Robert Lang of D’Amato & Lynch LLP.

  • Opinion

    Calif. Court Gets Automatic Funding Disclosure Right

    Matthew D. Harrison

    Detractors of litigation funding have strained to characterize a recent decision from a California federal court as significant headway in their crusade against the litigation funding industry. However, in truth, this is a victory for both the industry and those in need of capital to bring meritorious claims against wrongdoers in an often prohibitively expensive legal system, say Matthew Harrison and Priya G. Pai of Bentham IMF.

  • Talking 'Bull': Episode 15, What’s Your Number?

    Roy Futterman

    In this weekly column, real-life New York City jury consultant and psychologist Roy Futterman parses fact from fiction in "Bull," the new TV series airing on CBS about a fictional NYC jury consultant/psychologist. Spoiler alert ...

  • Jurors In Toxic Tort Litigation Take Genetics Seriously

    David Schwartz

    Can jurors grasp the role of genetics in personal injury claims alleged to arise from exposure to specific chemicals? A recent asbestos trial featured a discussion of the plaintiff's genetic mutations as a factor in her mesothelioma. Trial lawyers should be thinking about how juries understand cancer, genetics and disease causation, say David Schwartz of Innovative Science Solutions and Kirk Hartley of LSP Group LLC.

  • How The Obiang Case Exposes Limits Of Forfeiture Efforts

    Stéphane Bonifassi

    The case against Vice President Teodorin Nguema Obiang is severing diplomatic relations between France and Equatorial Guinea for no benefit to the Equatorial Guinea people. Along the way, France seems to be lecturing the rulers of a formal colonial country, while not cleaning its own house, says Stéphane Bonifassi of Bonifassi Avocats.

  • How A Guacamole Lawsuit Exposes FDA's 'Natural' Ambiguity

    Elizabeth Boggia

    While the U.S. Food and Drug Administration has generally not objected to the use of the term "natural" to describe foods that do not contain added color, artificial flavors or synthetic substances, the agency has yet to offer a specific definition of the word. Not surprisingly, this uncertainty has led to litigation, most recently over guacamole, says Elizabeth Boggia of Weil Gotshal & Manges LLP.

  • Cybercrime Insurance Case Trends In The 4th Quarter Of 2016

    David Bergenfeld

    Major cybercrime cases in the final quarter of 2016 indicate the courts are growing stricter in interpreting insurance policy provisions. In particular, they denied insurance coverage for forged government guarantees and denied coverage for a vendor theft involving emails, says David Bergenfeld of D'Amato & Lynch LLP.

  • When Personal Jurisdiction And Alter Ego Collide

    Beth Rose

    The increasing number of foreign entities with U.S.-based wholly owned subsidiaries virtually guarantees that issues of personal jurisdiction are not going away anytime soon. When a party seeks to support its jurisdictional argument against a foreign entity on grounds that the U.S. subsidiary is the alter ego of its parent, it presents a new wrinkle to an already complicated issue, says Beth Rose of Sills Cummis & Gross PC.

  • In Retrospect

    Relearning The Lessons Of Korematsu's Case

    Randy Maniloff

    Fred Korematsu’s U.S. Supreme Court case challenging President Franklin Roosevelt’s executive order that led to the incarceration of approximately 120,000 people of Japanese ancestry may sound like ancient history. However, Feb. 19 marks the 75th anniversary of the order's signing, and that it’s celebrating its diamond anniversary now is breathtaking timing, says Randy Maniloff of White and Williams LLP.