Trials

  • May 25, 2017

    SRI Gets $32M Added To $24M Patent Trial Win Against Cisco

    A Delaware federal judge on Thursday shut down Cisco’s efforts to nix a $24 million verdict won by SRI International in the companies’ dispute over network surveillance patents, and instead doubled the damages award and awarded SRI $8 million in attorneys' fees on top.

  • May 25, 2017

    Zimmer Knee Implant Cases Will Move Forward As MDL

    An Illinois federal judge has said she will not disband multidistrict litigation accusing Zimmer Inc. of manufacturing shoddy knee implants before she can try another pair of bellwethers in her court.

  • May 25, 2017

    GSK Seeks New Trial In Reed Smith Atty Suicide Case

    GlaxoSmithKline asked an Illinois federal judge Thursday to grant it a new trial over a suit filed by the widow of a Reed Smith LLP attorney who died after taking a generic form of one of its antidepressants, arguing the jury’s finding that the company was liable for his suicide wasn’t supported by the evidence.

  • May 25, 2017

    Billionaire Developer Peppers Judge Ahead Of UN Bribe Trial

    Chinese real estate billionaire Ng Lap Seng's legal team has lodged a flurry of letters ahead of the developer's Tuesday bribery trial, with the latest missive Thursday saying a key cooperating witness may have made undisclosed exculpatory statements during plea talks with prosecutors.

  • May 25, 2017

    Pa. Jury Awards $2M In Botched Gallbladder Surgery Suit

    A Pennsylvania state jury has awarded a woman $2 million in a medical malpractice suit accusing a physician of botching a gallbladder removal surgery, which caused the patient numerous injuries requiring multiple corrective procedures.

  • May 25, 2017

    $27M Verdict In Co-Founder Dispute Invalid, 9th Circ. Hears

    A health company co-founder embroiled in a bitter dispute with his former partner has told a California federal appeals court that a $27 million jury verdict against him is illegitimate after a federal judge entertained state claims simultaneously being heard by a state judge.

  • May 25, 2017

    Justices Must Hear $120M Apple Win Revival, Patent Attys Say

    Trade group representatives and patent attorneys on Thursday warned of the further “erosion” of the U.S. patent system should the U.S. Supreme Court decline to review what they deem a slapdash ruling from the Federal Circuit reinstating Apple’s $120 million smartphone verdict against Samsung.

  • May 25, 2017

    Michigan Law Correctly Applied In Stryker Noncompete Suit

    A Sixth Circuit panel on Wednesday said a lower court properly ruled in favor of Stryker Corp. when a jury found a former salesman for the company violated noncompete and confidentiality agreements and misappropriated trade secrets, saying the court correctly applied Michigan rather than Louisiana law.

  • May 24, 2017

    SpaceX Techs Pressured To Fake Rocket-Part Tests, Jury Told

    A SpaceX employee testified Wednesday in his California wrongful firing trial that he told a human resources official that managers were pressuring workers to falsify test documents, and he wanted to talk to CEO Elon Musk directly “because managers were blocking my feedback on this.”

  • May 24, 2017

    UC, Medivation Settle Drug Royalty Row On Eve Of Trial

    The University of California and pharmaceutical maker Medivation told a San Francisco jury Wednesday that they had settled the school’s drug patent licensing suit on the eve of trial, thanking jurors and telling them the jury selection process had helped usher in the deal.

  • May 24, 2017

    Student Truckers Awarded $780K From Werner For Break Pay

    A Nebraska federal jury decided on Tuesday that Werner Enterprises Inc. and a subsidiary owed a class of around 52,000 student truck drivers almost $780,000 over allegations the company failed to pay the students for short rest breaks of 20 minutes or less in violation of minimum wage laws.

  • May 24, 2017

    Jury Hands UC Berry IP Win, But Judge Slams Both Sides

    A California federal jury found largely in favor of the University of California Davis on Wednesday in a suit claiming two professors stole intellectual property from its strawberry breeding program in launching their rival company, but the presiding judge said “both sides are to blame,” because the university failed to plan the strawberry program’s future.

  • May 24, 2017

    Md. High Court Says Evidence OK In Radiologist’s Trial Win

    Maryland’s highest court ruled Wednesday that evidence of nonparties’ medical negligence, which helped a radiologist win a malpractice trial, was properly allowed, saying the importance of the radiologist receiving a fair trial outweighed the risk of having the jury’s decision improperly influenced by the evidence.

  • May 24, 2017

    Thompson & Knight Adds Trial Partner From Jones Day

    Thompson & Knight LLP added a trial partner with a focus on high-stakes litigation, particularly in the health care and oil and gas industries, to its Austin, Texas, office from Jones Day, the firm announced Wednesday.

  • May 24, 2017

    Doc Looks To Stop Forfeiture During $11M Fraud Appeal

    A Florida ophthalmologist, who was sentenced to more than 10 years in prison for defrauding Medicare and private insurers of $11 million, asked a Florida federal court Tuesday to pause forfeiture proceedings while he appeals the decision.

  • May 24, 2017

    Hot Yoga Guru's Defiance Earns Arrest Warrant, $8M Bail

    A California judge issued an arrest warrant Wednesday for Bikram Choudhury with a bail of $8 million for defying court orders to turn over assets to satisfy a $6.7 million judgment the yogi's ex-attorney won against him in a sex harassment case, according to the ex-attorney’s legal team.

  • May 24, 2017

    Mass. Jury Clears MTD In Lawnmower Mishap

    A Massachusetts federal jury rejected a negligence case against lawnmower manufacturer MTD Products Inc. on Wednesday, finding that the plaintiff, who lost several fingers in a mishap with the machine, did not prove that defects in his mower caused his injuries.

  • May 24, 2017

    Jury Readies To Mull 4th Philly Pelvic Mesh Case

    A Philadelphia jury will begin deliberating Thursday whether a Johnson & Johnson unit is liable for a Pennsylvania woman's pain and inability to have sexual intercourse, after three consecutive eight-figure jury verdicts against the company in lawsuits over allegedly defective pelvic mesh.

  • May 24, 2017

    Mylan, IRS Ink Deal To Avoid Trial On Nebivolol Transaction

    Mylan Inc. and the IRS have struck a last-minute deal to avert a $100 million tax trial relating to the drugmaker's transaction with Forest Laboratories Holdings Ltd. over the antihypertensive compound nebivolol, agreeing on a set of calculations for how to treat the transaction for tax purposes.

  • May 24, 2017

    Depakote Ingredient Causes Spina Bifida, Expert Tells Jury

    The former head of the Centers for Disease Control and Prevention’s birth defect division told an Illinois federal jury Wednesday that the active ingredient in Abbott Laboratories’ anti-epilepsy drug Depakote dramatically increases the risk of spina bifida in fetuses.

Expert Analysis

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • Questions Following Prevezon Money Laundering Settlement

    Elizabeth Prewitt

    The Prevezon case stands out as an example of the extraordinary lengths the U.S. government can and will go to assert jurisdiction over matters involving foreign entities and persons who commit crimes abroad to the detriment of foreign countries and citizens. However, since the matter settled, the government’s case was not tested at trial, say attorneys with Hughes Hubbard & Reed LLP.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.

  • Weekly Column

    Talking 'Bull': Episode 23, Benevolent Deception

    Roy Futterman

    Most of the jury consulting on this show has consisted of illegal and unethical behavior amid nonsensical trial practices, but at the end of the day, it has probably not done permanent damage to the U.S. legal system — so far, says jury consultant Roy Futterman as the debut season of the CBS show "Bull" comes to a close.

  • The 1st Amendment Right To Pass Through Fees — And Taxes

    Eric Tresh

    The U.S. Supreme Court recently ruled that a New York statute that prohibits identifying a surcharge for credit card users regulates speech and is therefore subject to heightened scrutiny. The impact on how businesses collect or seek reimbursement for the costs of state and local taxes from their customers could be significant, say Eric Tresh and Alla Raykin of Eversheds Sutherland.

  • Closing The Door On Hybrid Product Defect-Fraud Claims

    Erin Bosman

    Last month, a California federal court dismissed a proposed consumer fraud class action against BMW over soft-closing automatic car doors. While many automotive defect claims are brought as pure product liability actions, the plaintiffs in this case sought to “hybridize” product liability and fraud doctrines. The case illustrates the perils of overreaching, say attorneys from Morrison & Foerster LLP.

  • DC Circ. Raises Bar For Utility Rate Complaints

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    In a recent ruling, the D.C. Circuit held that the Federal Energy Regulatory Commission must explain why the existing return on equity for a group of utilities is unjust and unreasonable before moving to set a just and reasonable rate. But the question left unanswered is what additional showing is necessary to overturn an existing rate, say attorneys with Jones Day.

  • Attorneys, Your Input Is Needed On Deposition Rule

    Frank Silvestri, Jr.

    Every lawyer who’s handled a civil case in federal court knows about Rule 30(b)(6), governing deposition procedures. But for many real-world deposition dilemmas, the rule offers little guidance. Last year, an Advisory Committee on Civil Rules subcommittee began considering whether the rule should be amended. Now attorneys must advise the subcommittee how to proceed, says Frank Silvestri Jr. of Verrill Dana LLP.

  • The Supreme Court Puts Personal Jurisdiction On Trial

    Leslie Brueckner

    Personal jurisdiction is a popular corporate defense strategy against mass torts. And based on oral arguments before the U.S. Supreme Court last month in two important cases, the outlook seems bleak for plaintiffs looking for the right forum in which to seek a remedy, say Leslie Brueckner of Public Justice and Andre Mura of Gibbs Law Group.

  • A Win For Sovereign Immunity

    Owen Pell

    The U.S. Supreme Court's recent ruling in Venezuela v. Helmerich & Payne should make it easier for foreign states and their agencies and instrumentalities to avoid unfounded suits under the Foreign Sovereign Immunities Act. And plaintiffs can no longer avoid dismissal of their claims by asserting that a factual finding on jurisdiction would also decide a merits issue, say attorneys with White & Case LLP.