Trials

  • May 29, 2020

    Tenn. Court OKs Slash Of $4.5M Med Mal Verdict To $1.25M

    A Tennessee appeals court on Thursday approved the reduction of a $4.5 million medical malpractice award to $1.25 million in a closely watched case that had included a constitutional challenge to the state's statutory damages cap.

  • May 29, 2020

    PG&E Objector Suggests Weil Atty's Son Raises Conflict

    A bench trial over whether to confirm Pacific Gas and Electric Co.'s $58 billion bankruptcy reorganization plan entered its third day Friday, with an objector questioning whether a conflict exists because a Weil LLP attorney representing PG&E is the father of a director of the company running its confirmation process.

  • May 29, 2020

    COVID-19 IP Catch-Up: Remdesivir Access, Zoom TM Security

    The novel coronavirus pandemic has continued to cause delays and waivers in the patent and trademark worlds, and also has led to questions about who owns the rights to a key antiviral drug and whether Zoom should be concerned about its trademark.

  • May 29, 2020

    NJ's Judicial Vacancies To Collide With COVID-19 Crisis

    The ongoing ban on New Jersey state jury trials due to the COVID-19 pandemic could make a bad situation even worse for courts already facing judge shortages as they struggle to get through the cases piling up during the crisis, leading to further gridlock in Garden State litigation.

  • May 29, 2020

    Dollar General On Hook For $630K Slip-And-Fall Verdict

    A split Arkansas Supreme Court has affirmed a $630,000 trial verdict in favor of a woman who fell outside a Dollar General Corp. store, saying there was "substantial" evidence that an area of sidewalk was dangerous and approving a chiropractor's expert testimony.

  • May 29, 2020

    Fla. Felon Vote Ruling Could Reach Beyond Sunshine State

    A recent decision from a Florida federal judge that the state cannot block ex-felons who don't pay court-ordered fines and fees from voting could, if upheld on appeal, reverberate to neighboring states that have enacted similar requirements.

  • May 28, 2020

    Atty Says Suit Over VidAngel's $62M Trial Loss Is Barred

    The bankruptcy trustee for VidAngel can't sue a former company lawyer over work he did for the streaming service years before it lost a $62 million copyright case to major Hollywood studios, the attorney told a Utah federal court.  

  • May 28, 2020

    Seattle Fed. Courts May Not Hold Trials Until 2021, Judge Says

    A Seattle federal judge made an educated guess this week that civil and criminal jury trials in the Western District of Washington will likely not resume until at least 2021 due to the spread of the deadly coronavirus.

  • May 28, 2020

    Feds Say Virus No Basis For Ex-Bumble Bee CEO To Skip Jail

    Prosecutors who secured the price-fixing conviction of former Bumble Bee CEO Chris Lischewski have panned the 59-year-old's assertion that jail time presents a threat to his life during the coronavirus pandemic, arguing he's not in a high-risk category and deserves no special treatment. 

  • May 28, 2020

    NYU Workers Point To 8th Circ. Decision In ERISA Appeal

    New York University workers urged the Second Circuit on Thursday to follow the Eighth Circuit's lead when deciding whether to resurrect their ERISA class action against the school, pointing to the Midwestern appellate court's recent revival of a similar suit against Washington University in St. Louis.

  • May 28, 2020

    Chevron Awarded More Than $15.6M In Trademark Dispute

    Chevron has gotten a Texas jury's award of $1.1 million boosted to a final judgment of more than $15.6 million against a company that infringed its trademark to dupe other companies into doing business with it.

  • May 28, 2020

    5th Circ. Upholds Accountant's Tax Fraud Conviction

    The Fifth Circuit upheld Thursday the conviction of an accountant who was sentenced to five years on 11 federal tax offenses, saying a trial court did no wrong when it accepted federal prosecutors' evidence against him.

  • May 28, 2020

    Gerdau Says Travelers Owes Some Of Wrongful Death Verdict

    Gerdau Ameristeel US Inc. said a Travelers Companies Inc. subsidiary breached its insurance contract when it refused to foot a portion of a $4.75 million verdict against the steel company and others for the death of an apprentice electrician, according to a lawsuit filed Thursday in Georgia federal court.

  • May 28, 2020

    Venable Alum Among 2 Picks For NM Trial Courts

    The White House on Thursday announced two new selections to be federal judges in New Mexico, tapping a Venable LLP alum with 25 years' experience as a federal prosecutor and a private litigator focused on medical malpractice and trucking law.

  • May 27, 2020

    Juror Who Knew MD Swayed Med Mal Trial, SC Court Finds

    South Carolina's highest court ordered a new trial Wednesday on medical malpractice claims stemming from a doctor's misdiagnosis of an aneurysm as a spider bite, finding the first trial was tainted because a juror failed to disclose she had worked with the defendant. 

  • May 27, 2020

    Texas High Court Says No To Most Jury Trials Until Aug. 1

    The Texas Supreme Court on Wednesday told state courts most in-person jury trials shouldn't be taking place until Aug. 1 at the earliest, but opened the door for judges to conduct some approved experimental jury trials this summer.

  • May 27, 2020

    Judge Urges Sides To Settle PNC Bank Sex Assault Case

    A New Jersey state judge on Wednesday urged PNC Bank and a former employee to try to strike a deal amid their competing bids for new trials in the ex-worker's suit against the financial institution over being attacked by a customer, saying the matter "should be settled."

  • May 27, 2020

    PG&E's $58B Ch. 11 Confirmation Enters Final Stretch

    A bench trial on whether to confirm Pacific Gas and Electric Co.'s $58 billion bankruptcy reorganization plan kicked off Wednesday with opponents raising questions about a possible conflict of interest by the consulting firm that solicited fire survivors' votes on the proposal.

  • May 27, 2020

    Car Ruling Bolsters Dicamba Punitive Damages, Farm Says

    A recent Eighth Circuit ruling in a case about a used Ferrari should support $250 million in punitive damages that a Missouri farm won against Monsanto and BASF over claims the weedkiller dicamba ruined the farm's peach trees, the farm told a Missouri federal court Wednesday.

  • May 27, 2020

    July Too Soon For $165M Petrobras Jury Trial, 5th Circ. Told

    A Spanish company wants the Fifth Circuit to postpone a July trial start date in a $165 million dispute involving Petrobras, arguing a federal judge in Texas has disregarded pandemic-related safety concerns and the wishes of the parties with so soon a trial date.

  • May 27, 2020

    Ex-JPMorgan Trader Wants Separate Trial In Spoofing Case

    One of four suspects in a market manipulation scheme run out of the precious metals department at JPMorgan Chase & Co. urged an Illinois federal judge Tuesday to let him have his own trial, arguing that a joint trial with his co-defendants would prejudice the jury against him.

  • May 27, 2020

    Solar Co. Asks Utah Judge To Toss $50M Tax Credit Judgment

    A solar energy company urged a Utah federal judge to toss a $50 million judgment against it, arguing the U.S. government didn't notify the court when it changed its position on whether the company's solar lenses qualify for tax credits.

  • May 26, 2020

    NAACP Wins NY School District Voting Rights Trial

    A New York federal judge ruled Monday that a Hudson Valley school district violated the Voting Rights Act by effectively blocking black and Latino voters' preferred candidates from the school board, ordering a halt to the practice of allowing every voter to cast a vote for every board seat.

  • May 26, 2020

    Payday Loan 'Godfather' Appeal Not For High Court, Feds Say

    Government attorneys on Tuesday advised the U.S. Supreme Court against hearing a Pennsylvania man's claim that his racketeering conviction and 14-year prison term should be overturned, telling the high court that a district judge's jury instructions in the initial matter had been given properly.

  • May 26, 2020

    DC District Could Begin Grand Juries In June, Hearings In July

    The top judge for the U.S. District Court in D.C. said in an order Tuesday that she "anticipates the possibility" of resuming grand jury sessions in mid-June and opened the door to restarting in-court nontrial proceedings in mid-July.

Expert Analysis

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • Strategies For Managing Calif. Litigation As Courts Reopen

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    As state and federal courts in California begin to reopen, strategic decisions need to be made about where cases should be filed, public and private perception of litigation conduct, alternative plans for discovery, and more, says attorney Steven Brower.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • How Hollywood Can Inspire Courtroom Presentations

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    As attorneys patiently wait for jury trials to resume, they can explore three effective transition techniques commonly used in movies to bring their courtroom PowerPoint presentations to the next level, say Adam Bloomberg and David Metz at Litigation Insights.

  • Calif. Justices' Ruling Marks Turning Point For Jury Trial Right

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    The California Supreme Court’s holding that unfair competition and false advertising claims don’t need to be tried by a jury in Nationwide Biweekly v. Superior Court creates a framework for analyzing causes of action under other state laws that could steer courts to similar conclusions, says Patrick Hammon at McManis Faulkner.

  • Trial By Webcam: Tips From A Firsthand Experience

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    Initially incomprehensible, it turns out that conducting trial by video is reasonable and relatively convenient, as long as lawyers do not try to recreate the courtroom experience, say Wheeler Trigg attorneys Joel Neckers and Peter Herzog, who recently participated in an online bench trial in United Power v. Tri-State before the Colorado Public Utilities Commission.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • Opinion

    Flynn Contempt Inquiry Is Vital To Judicial Independence

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    The D.C. Circuit should uphold the district court's authority to investigate whether Michael Flynn acted in criminal contempt, which is important for affirming judicial independence in this era of partisan prosecuting, says Harold Krent at Chicago-Kent College of Law.

  • A Lawyer's Guide To Client Service Continuity Planning

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    Ensuring uninterrupted client service and compliance with ethical obligations in a time when attorneys are more likely to fall ill means taking six basic — yet often ignored — steps to build some redundancy and internal communication into legal practice, say attorneys at Axinn.

  • How Pandemic-Related Delays Affect Hatch-Waxman Litigants

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    If delays caused by the pandemic leave parties unable to resolve Hatch-Waxman litigation prior to the expiration of the 30-month stay, branded drug manufacturers have options for avoiding an at-risk launch, say attorneys at Fish & Richardson.

  • Maximizing Defense Advantages In Jurisdictional Discovery

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    When a court responds to a personal jurisdiction defense with a jurisdictional discovery order, defense lawyers should review what information is already public, draft clear and precise affidavits, and prepare a depository of documents that are only relevant to jurisdictional issues, say attorneys at McGuireWoods.

  • Patent Litigation May Be On The Rise During Pandemic

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    While much of the economy and litigation in general came to a halt in March, the number of patent cases — ostensibly lucrative and viable to initiate and advance remotely — filed seems to have at least held steady and possibly experienced a recent uptick, say attorneys at Stris & Maher.

  • Virtual Meetings Could Be Fertile Ground For Legal Discovery

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    Many remote meeting technologies include recording features as default settings, raising three primary concerns from a legal discovery and data retention perspective, and possibly bringing unintended consequences for companies in future litigation, says Courtney Murphy at Clark Hill.

  • Bridgegate Has The Potential To Upend A Raft Of Prosecutions

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    The U.S. Supreme Court's recent "Bridgegate" decision will undoubtedly create further hurdles for the government to prosecute schemes that are venal, deceitful and underhanded but in which the loss of money or property — while foreseeable — was not the objective, say Daniel Fetterman and Brian Choi at Kasowitz.

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