Trials

  • February 23, 2018

    Expert's Calculations Are Focus At Close Of MassMutual Trial

    MassMutual and a class of hundreds of term life insurance policyholders faced off over dividends during closing arguments in a California trial Friday, with the class claiming MassMutual was ignoring the policies’ profits and MassMutual countering that the class was relying on a misleading manipulation of the numbers.

  • February 23, 2018

    Germany Refuses To Extradite Traders For SFO Euribor Trial

    German prosecutors said Friday they will not extradite four Deutsche Bank traders to the U.K. to face charges that they manipulated a key European interest rate benchmark.

  • February 23, 2018

    Meningitis Pharmacist Must Forfeit $175K Before Restitution

    A former Massachusetts pharmacist convicted of recklessly mixing drugs that led to a 2012 meningitis outbreak must forfeit $175,000, or less than one-half of his salary from the roughly three years a jury decided his laboratory degenerated into a criminal enterprise, a federal judge decided on Friday.

  • February 23, 2018

    Pa. Tort Ruling Highlights Discrepancies In Jury Instructions

    A recent appeals court decision reaffirming Pennsylvania’s new scheme for defining strict liability in product defect cases underscores what defense attorneys say is the significant chasm between the current state of the law and how model jury instructions continue to lay out the concept.

  • February 23, 2018

    Judge Won't Disturb Jury Verdict On Health Supplement IP

    A Texas federal judge on Thursday denied a bid for a new trial after a jury in January held that a medical company did not infringe the asserted claims of a health supplement patent, holding that the patent’s owner failed to introduce sufficient evidence to disturb the verdict.

  • February 23, 2018

    Endo, Auxilium And GSK Reach Deal In Testosterone MDL

    Drugmakers Endo, Auxilium and GlaxoSmithKline notified an Illinois federal judge on Friday of a tentative deal to settle their cases in the testosterone replacement therapy MDL, in which thousands of patients claim drugmakers failed to warn of risks of heart attack and other health conditions.

  • February 23, 2018

    Shkreli Can't Beat Stock Fraud Rap Post-Trial

    A New York federal judge on Friday refused a request by former pharmaceutical executive Martin Shkreli to throw out his conviction for manipulating the stock of Retrophin Inc. while he was its CEO, saying there was sufficient evidence for the jury to find him guilty.

  • February 23, 2018

    Unnamed Hastert Accuser May Ask For Closed Courtroom

    An unidentified man who says former U.S. House Speaker Dennis Hastert sexually abused him may try to close the courtroom to protect his identity during a trial over claims the Illinois Republican failed to pay him promised hush money, his attorney said Friday. 

  • February 23, 2018

    Canon Gets Enhanced Damages In Bottle Patent Suit

    A Georgia federal judge has beefed up a jury's $4.4 million verdict for Canon Inc. over patented toner bottles, saying Thursday that a damages enhancement is warranted because willful infringement went on for some time.

  • February 23, 2018

    NY Asks 2nd Circ. To Affirm $247M UPS Cigarette Penalty

    The city and state of New York asked the Second Circuit on Wednesday to affirm a $247 million penalty against United Parcel Service Inc. for helping to move untaxed cigarettes from tribal lands, saying UPS’ request to drastically reduce its penalty was based on meritless claims of immunity.

  • February 22, 2018

    Calif. Law Firm, Ex-Partner Take Web Domain Row To Jury

    A boutique securities law firm urged a California federal jury in closing arguments Thursday to find a former partner hijacked SyndicationLawyers.com and other web domain names after leaving the firm, while she argued nothing in her partnership agreement requires her to give up domain names she purchased on her own.

  • February 22, 2018

    Man Will Die From J&J Talc-Caused Mesothelioma, Jury Told

    An occupational medicine expert told a New Jersey jury on Thursday that a man alleging Johnson & Johnson’s baby powder contains asbestos faces a painful death from mesothelioma, and that the disease was caused by his daily use of J&J’s products.

  • February 22, 2018

    Sam's Club Can't Escape $1M Verdict Over Woman's Injury

    Sam's Club again lost its challenge to a $1 million verdict for a customer left scarred and limping after injuring her leg at a New Jersey store, with a state appeals court saying Thursday that the business failed to show the award constitutes a miscarriage of justice.

  • February 22, 2018

    Judge Mulls Tossing Extortion Counts Against Ex-Cuomo Aide

    The Manhattan federal judge overseeing Joe Percoco's criminal corruption trial strongly hinted Thursday that she is considering dismissing extortion counts against the former “right-hand man” to New York Gov. Andrew Cuomo accused along with three businessmen in two bribery schemes.

  • February 22, 2018

    Va. Supreme Court Overturns Patient’s $652K Med Mal Verdict

    The Virginia Supreme Court on Thursday overturned a jury verdict which found a doctor liable for injuries suffered by a woman due to an alleged botched hysterectomy, saying the patient failed to present any evidence at trial that the doctor proximately caused her injury.

  • February 22, 2018

    Jury Awards $53M To Brothers Injured In Truck Collision

    A California jury awarded nearly $53 million on Wednesday to a pair of brothers whose pickup truck was hit by the driver of a CRST Inc. commercial truck that crossed over the center line of a two-lane highway.

  • February 22, 2018

    Prosecutors Rip Acquittal Bid By Soccer Bosses In FIFA Case

    Brooklyn federal prosecutors on Wednesday pushed back against post-trial acquittal attempts by two South American soccer presidents convicted in December of racketeering conspiracy and other charges brought as part of the wide-ranging FIFA corruption case, deeming their arguments legally baseless.

  • February 22, 2018

    DOJ Fights Ex-State Street Exec's Bid To Sever New Charge

    The U.S. Department of Justice urged a Massachusetts federal court on Wednesday not to split a freshly filed charge against a former State Street executive into a separate trial, saying the new charge goes after the same scheme only targeting a different victim.

  • February 22, 2018

    Crowell & Moring Adds Ex-DOJ Gov’t Contracts Trial Atty

    A former Covington & Burling LLP and U.S. Department of Justice attorney, who has successfully defended a $1 billion contract on behalf of PAE Government Services Inc. before the U.S. Court of Federal Claims, has joined Crowell & Moring LLP’s government contracts group.

  • February 22, 2018

    Sills Cummis Nabs 5 Locke Lord Litigators

    Sills Cummis & Gross PC has added to its Newark, New Jersey, office a group of five former Locke Lord LLP litigators led by renowned product liability attorney James E. Tyrrell Jr., known for representing powerhouses like Monsanto Co., ExxonMobil Corp. and others, the firm announced Wednesday.

Expert Analysis

  • Overcoming The Mistrust Of Science In An Alt-Fact Age

    Kirstin Abel

    You cannot fight alternative facts with facts alone. But with a combination of inoculation, changing the narrative, and building common ground between the jury and your experts, you should be able to significantly lessen their impact, says Kirstin Abel, managing partner at Bodyfelt Mount LLP and vice chair of the Trial Techniques and Tactics Committee of the International Association of Defense Counsel.

  • The Continuing Evolution Of Personal Jurisdiction

    Kevin Penhallegon

    It was anticipated that last year's U.S. Supreme Court ruling in Bristol-Myers Squibb would have immediate and significant impacts nationwide. Those impacts have been seen at the state level in recent months, as evidenced by several trial courts dismissing out-of-state plaintiffs’ claims where specific personal jurisdiction could not be established, says Kevin Penhallegon of Miles & Stockbridge PC.

  • 5th Circ. Adds To Split On Review Of Jury Instruction Errors

    Andrew Goldsmith

    Several circuits have taken different approaches on how to assess the prejudice caused by erroneous jury instructions on a criminal defendant’s principal trial theory when the defendant challenges the instructions for the first time on appeal. The latest decision is from the Fifth Circuit, in U.S. v. Fairley, says Andrew Goldsmith of Kellogg Hansen Todd Figel & Frederick PLLC.

  • What Employers Can Learn From Waymo V. Uber

    Brian Arbetter

    While Waymo v. Uber was more high-profile than most cases, employers can and should learn lessons from it. Brian Arbetter of Norton Rose Fulbright discusses the current state of the law in the area of employee raiding and restrictive covenants and offers some best practices for employers to follow in order to fully protect their confidential information.

  • California's Evolving Standard On Expert Opinion Evidence

    Peter Choate

    A California appeals court's recent decision in Apple v. Superior Court explicitly holds that the Sargon standard applies when a party seeks to admit expert opinion evidence. Practitioners should seek to preserve this issue for appeal and urge the California Supreme Court to resolve it, say Peter Choate and William Dance of Tucker Ellis LLP.

  • Massachusetts Focuses On The Elements Of Spoliation

    Alexander Zodikoff

    The Massachusetts Appeals Court recently held that a finding of spoliation requires both the negligent and intentional loss or destruction of evidence, and awareness at the time that the evidence could help resolve a dispute. This strict interpretation of the doctrine of spoliation follows a trend in Massachusetts litigation, says Alexander Zodikoff of Manion Gaynor & Manning LLP. 

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle LLP.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Worker Classification Questions Remain Post-GrubHub Win

    Art Lambert

    A California federal judge implied that her recent decision in Lawson v. GrubHub was a close call, which suggests there is a tipping point where a driver moves from the independent contractor classification to the employee classification. However, when exactly that happens is still up in the air, says Art Lambert of Fisher Phillips.

  • How Natural Experiments Can Help In Estimating Damages

    Niall MacMenamin

    Establishing a causal link between allegedly wrongful conduct and the quantity of damages asserted can be challenging. Fortunately, increasing volumes of real-world data are available to the damages expert, and natural experiments based on such data can be effective in showing causality and estimating damages, says Niall MacMenamin of Analysis Group Inc.