Trials

  • April 24, 2017

    Merck Loses Rehearing Bid In 3rd Circ. Fosamax Warning Suit

    The Third Circuit on Monday declined to reconsider its decision to revive claims in multidistrict litigation against Merck over an alleged failure to warn patients about the risk of irregular hip fractures caused by its osteoporosis drug Fosamax.

  • April 24, 2017

    J&J's Talc Caused Woman's Cancer, Harvard MD Tells Jury

    A Harvard epidemiologist told a Missouri jury Monday that he has reached “medical and scientific certainty” that a woman’s daily use of Johnson & Johnson’s talcum powder products for four decades was the primary reason she developed ovarian tumors.

  • April 24, 2017

    Trial Over Assets Linked To $1.5B GM Loan Gets Underway

    A General Motors trust and hundreds of lenders from which it seeks to recover transfers related to a $1.5 billion term loan commenced a New York bankruptcy court trial Monday to determine the nature and value of the lenders' security interests in assets at a number of the carmaker's U.S. facilities.

  • April 24, 2017

    DOJ, Radioactive Waste Firms Spar Over $367M Merger Risks

    Dueling pictures emerged Monday of a West Texas radioactive waste site caught up in an antitrust trial in Delaware, with the U.S. Department of Justice calling the site ground zero in a $367 million market-control grab, and merger parties describing it as an otherwise doomed money pit.

  • April 24, 2017

    Dewey Execs Pin Hopes On Undermining State's Case

    Defense attorneys for two former Dewey & LeBoeuf LLP executives told a New York judge on Monday that they will not present full-blown defense cases, meaning a jury will likely start weighing the financial-crisis-era fraud case next week.

  • April 24, 2017

    $50.3M Verdict Returned In Glass Recycling Patent Suit

    A company that makes dyes for recycled glass bottles has scored a $50.3 million verdict in its favor after a Delaware jury found a competitor willfully infringed one of two relevant patents covering the method.

  • April 24, 2017

    Lilly Hit With $20M Jury Verdict In Cialis Patent Row

    Eli Lilly & Co. infringed a German pharmaceutical company’s patent when marketing the erectile dysfunction drug Cialis to treat enlarged prostates and should hand over $20 million in damages, a Texas federal jury has found.

  • April 24, 2017

    Ex-Hungarian Telecom Execs Settle SEC's Bribery Claims

    Two former executives of Hungary’s largest telecommunications firm dodged an upcoming trial by settling the U.S. Securities and Exchange Commission’s allegations that they had paid bribes to government officials in Macedonia in exchange for regulations designed to hurt a competitor, according to papers filed in New York federal court Monday.

  • April 24, 2017

    Whirlpool Seeks 'Exceptional' Finding After $7.6M IP Win

    Attorneys for Whirlpool Corp. asked a Texas federal court Friday to find their water filter patent infringement case against TST Water LLC exceptional on the heels of a jury’s $7.6 million damages award, disclosing a plan to seek $3.8 million in fees.

  • April 24, 2017

    Apple, Samsung Slam Each Other’s Claims In $400M IP Fight

    As Samsung seeks a new trial in Apple’s nearly $400 million smartphone patent case against it following a U.S. Supreme Court ruling and Apple pushes for the full award to be affirmed, both companies maintained that their rival’s arguments should be barred.

  • April 21, 2017

    No Doubt Talc Can Enter Body, Jury Told In J&J Cancer Trial

    A pharmacology and toxicology expert called by a woman alleging she developed ovarian tumors after using Johnson & Johnson’s talcum powder products told a Missouri jury Friday that it is indisputable that particles, such as talc, can enter the female reproductive system from external use.

  • April 21, 2017

    GSK's Paxil Loss Forces 7th Circ. Generic Liability Showdown

    Thursday's $3 million jury verdict finding GlaxoSmithKline liable for a Reed Smith LLP partner's death means that the Seventh Circuit may finally have to answer a question it avoided three years ago, one that is a hot topic among product liability lawyers: Can brand-name manufacturers be held liable for an injury caused by a generic drug?

  • April 21, 2017

    First Phase Of Lynn Tilton Chancery Trial Wraps

    The first phase of the Delaware Chancery trial between Patriarch Partners LLC magnate Lynn Tilton and her so-called Zohar funds ended Friday, with Tilton expected to continue mounting a defense when proceedings resume in May that she alone can choose the board members for three associated companies.

  • April 21, 2017

    Ex-Rep. Schock Slams Feds' 'Non-Response' On Informant

    Indicted former U.S. Rep. Aaron Schock, R-Ill., pushed back Thursday against federal prosecutors' refusal to provide more information about his office-manager-turned-criminal-informant or the grand jury that decided to charge the ex-politician with 24 counts in November.

  • April 21, 2017

    Wal-Mart Ordered To Pay $12M For Lifting Trade Secrets

    An Arkansas jury on Friday awarded digital agency Cuker Interactive LLC more than $12 million in trade secret damages from Wal-Mart Stores Inc. after it lodged counterclaims against the big-box retailer in a dispute arising from a contract for website development.

  • April 21, 2017

    Driver Says Updated GM Ignition Switch Part Also Defective

    The customer at the center of an upcoming bellwether trial over ignition-switch defects urged a New York federal judge on Thursday to rule that his vehicle had a manufacturing defect, saying the company has admitted as much — and that its admissions apply to an updated part.

  • April 21, 2017

    Dewey Prosecution Rests In Retrial, Defense Plans Unclear

    New York prosecutors finished laying out their fraud case Friday against two former executives of failed law firm Dewey & LeBoeuf LLP, turning the focus to whether Stephen DiCarmine and Joel Sanders will take the stand in their own defense before the jury starts deliberations.

  • April 21, 2017

    DynCorp Prevails In Ecuadorean Farmers' Herbicide Suit

    A Washington, D.C., federal jury on Thursday largely sided with DynCorp in a suit brought by six farmers representing a class of Ecuadoreans who claim the defense contractor poisoned them with herbicide while trying to destroy drug crops in Colombia.

  • April 21, 2017

    7th Circ. Skeptical Of Insurance ERISA Suit, Class Cert.

    A Seventh Circuit panel had serious questions about the certification of four classes containing 10 million Health Care Service Corp. customers and the claims underlying their suit Friday, with one judge grilling class counsel on how the insurer violated the law at the heart of the case.

  • April 21, 2017

    Ill. Court Orders New Med Mal Trial Over Dental Implants

    An Illinois appeals court overturned a defense verdict Thursday in a suit over an allegedly botched dental surgery, saying the trial included numerous abuses that gave the defense an unfair upper hand, including the use of a human skull as a stand-in for the plaintiff's skull without any basis.

Expert Analysis

  • 10 Tips For Creating Winning Trial Visuals

    Kerri Ruttenberg

    Effective visuals require effective design. In her new book, "Images with Impact: Design and Use of Winning Trial Visuals," published by the American Bar Association, trial lawyer and Jones Day partner Kerri Ruttenberg discusses how to design and use visuals to help viewers understand, believe and remember the messages being conveyed.

  • Roundup

    Counsel To Counsel: Insights From Law Firm GCs

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    Catch up if you missed last week's special series spotlighting general counsel at four firms and the issues they encounter in an increasingly complex legal environment.

  • Monthly Column

    Gray Matters: The Attorney-Client Team

    Robert Creo

    A 1979 study of attorney-client interactions revealed startling information: Despite years of education and training to hone their legal expertise, attorneys were not acting as independent counselors but rather allowing their clients to control them. Our experience is that this trend has accelerated, say dispute resolution experts Robert Creo and Selina Shultz.

  • Victory For 'Drone Slayer' Puts State Laws In Spotlight

    William O'Connor

    A Kentucky federal judge recently dismissed a lawsuit against a man who shot down a drone that he believed was flying over his own property in 2015. The ruling leaves open many questions concerning aerial trespass and federal authority, and may become more important as states and municipalities consider drone-related legislation, say attorneys from Morrison & Foerster LLP.

  • Litigation Finance, Big Data And The Limits Of AI

    Christopher Bogart

    Theoretically, both better data and its better use should be able to improve results in litigation, and thus help litigation financiers allocate more capital to meritorious matters. However, while big data and artificial intelligence are intriguing additions to the litigation toolkit, they are far from turning litigation finance on its head, says Christopher Bogart, CEO of Burford Capital LLC.

  • Series

    Counsel To Counsel: Mama Said There'll Be Days Like This

    Peter J. Engstrom

    It's no longer enough for law firms simply to provide expert legal advice — we are expected to mirror clients' legal, ethics and social commitments and promises. For law firm GCs, the resulting job demands seem to grow exponentially, says Peter Engstrom, general counsel of Baker McKenzie.

  • Is Multidistrict Litigation In Need Of Reform?

    Douglas Smith

    Critics of multidistrict litigation cite problems such as meritless claims, increasing pressure to settle and a lack of scrutiny for individual cases. Congress has included proposals for MDL reform in the Fairness in Class Action Litigation Act of 2017. But in many instances, the MDL process is functioning well to effectively and efficiently resolve complex cases, says Douglas Smith of Kirkland & Ellis LLP.

  • Weekly Column

    'Talking Bull': Episode 19, Bring It On

    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 ...

  • Series

    Counsel To Counsel: A Law Firm GC's Data Protection Duties

    Thomas W. White

    Increasingly, we see companies in all industries seeking to perform various levels of due diligence on our information security defenses. We received three times as many diligence requests from clients and prospective clients in 2016 as we did in 2015. Some clients even conduct their own penetration tests, says Thomas White, general counsel of WilmerHale.

  • Series

    Counsel To Counsel: Evaluating Positional Conflicts

    Nicholas A. Gravante Jr.

    What happens when attorneys come to their general counsel’s office with knowledge of a potential positional conflict? While the inquiry will depend on the rules governing the particular jurisdiction, there are a few general questions to consider from both business and legal ethics perspectives, say general counsel Nicholas A. Gravante Jr. and deputy general counsel Ilana R. Miller of Boies Schiller Flexner LLP.