Trials

  • November 25, 2020

    Monsanto, BASF Get $265M Dicamba Verdict Slashed To $75M

    A Missouri federal judge on Wednesday cut a punitive damages award that a Missouri farm won against Monsanto and BASF in a bellwether trial over claims the weedkiller dicamba ruined the farm's peach trees from $250 million to $60 million, ruling that the case involved only economic damages as opposed to physical harm.

  • November 25, 2020

    Zydus Insists Mitsubishi Doesn't Deserve Diabetes Patents

    Zydus Pharmaceuticals punctuated the six-day trial in its bid to bring generic diabetes drugs to market by filing a 100-page, post-trial brief doubling down on its claim that Mitsubishi Tanabe Pharma Corp. is engaging in "gamesmanship" to extend the life of one of three patents Zydus is accused of infringing.

  • November 25, 2020

    Fla. Health Clinics Get Atty Fee Award Tossed In Injury Case

    A Florida appeals court on Wednesday reversed a trial court's order allowing a law firm to receive its contingency fee from a personal injury settlement ahead of the health care providers who administered care in exchange for a cut of any deal, saying further proceedings are necessary.

  • November 25, 2020

    Up Next At High Court: Census Fight, Child Slavery Claims

    Kicking off its final oral arguments of the year, the U.S. Supreme Court on Monday will hear the Trump administration's efforts to exclude unauthorized immigrants from the population count and a bid by Nestlé and Cargill to escape liability for alleged child slavery.

  • November 25, 2020

    Texas Tries Again To Undo $29M Verdict Over Highway Project

    Texas' government asked the state Supreme Court on Tuesday to review an appeals court's approval of a $29 million verdict for a developer who claimed that a highway project and related land condemnation tanked the value of the developer's residential project site, saying the ruling was incorrect.

  • November 25, 2020

    Apple Says Skin Tones Used In Emojis Can't Be IP

    Apple Inc. is urging a Texas federal judge to kill a copyright infringement lawsuit over its emojis with diverse skin tones, contending the company suing it can't claim rights to "naturally occurring" human characteristics like skin color.

  • November 25, 2020

    Bar Argues For In-Person Hearing Rights At Mass. Top Court

    The Boston Bar Association has urged the Massachusetts Supreme Judicial Court to hold an upcoming hearing in a criminal case in-person, arguing virtual hearings can cause unconstitutional disparities for low-income communities and people of color.

  • November 25, 2020

    'Varsity Blues' Judge Tells Attys To Prep For Trial Or Withdraw

    Lawyers for parents in the "Varsity Blues" college admissions case need to be ready for a trial with adequate precautions or else withdraw from the case, a federal judge in Massachusetts said Wednesday, responding sharply to four defendants' request for a seven-month delay amid the coronavirus pandemic.

  • November 24, 2020

    NY Justices Say Insurer Can Escape Some Injury Award Costs

    New York's highest court on Tuesday upheld a lower court's ruling that an AIG unit is liable for $1.3 million in excess damages plus certain interest on a construction worker's $2.7 million personal injury win, saying the excess insurer is not liable for interest that would have been paid by the primary insurer under a now-voided policy.

  • November 24, 2020

    Apple Tells Fed. Circ. To Undo WiLAN's $85M Patent Win

    Apple has urged the Federal Circuit to overturn an $85 million verdict against it for infringing WiLAN's patented wireless technology, saying that the licensing firm has been "stretching its patents" and otherwise "overreaching" at every stage in the case.

  • November 24, 2020

    Jury Awards $3.5M In Iowa Artificial Hip Trial

    An Iowa federal jury has awarded $3.5 million over a hip implant patient's claims that her Biomet M2a Magnum metal hip shedded microscopic particles and caused her to need revision surgery.

  • November 24, 2020

    Full Fed. Circ. Told Engine-Washing IP Can't Survive Alice

    Certified Aviation Services has asked the full Federal Circuit to rehear a split panel decision saying it infringed two EcoServices' jet engine-washing patents, arguing that the patents should have been found abstract and that if left to stand, the majority's nonprecedential decision will "sow only confusion."

  • November 24, 2020

    11th Circ. Affirms Doctor's Prescription Kickback Conviction

    A Georgia doctor was not harmed by a trial court's erroneous jury instruction over his involvement in a prescription kickback scheme that defrauded the federal government's Tricare military health insurance program, the Eleventh Circuit said in a published opinion Tuesday, affirming his convictions.

  • November 24, 2020

    Judge Won't Bar Killed Witness' Info From Ex-NFLers' Trial

    A Kentucky federal judge on Tuesday refused to block the use of testimony linked to the cellphone of a slain cooperating witness in an upcoming health care fraud trial against former NFL players.

  • November 24, 2020

    Biomet To Pay $21M In Hip Implant Defect Suit Verdict

    Biomet Inc. was hit with a $21 million judgment following a Missouri federal trial over whether its hip implants were defective and caused injuries to a woman who had her hips replaced in 2008, according to an order making the amount public on Tuesday.

  • November 24, 2020

    Cook County Courts Go Virtual As COVID-19 Surges In Ill.

    Cook County's chief judge has ordered all court matters must be held by videoconference save for "extraordinary or compelling circumstances" as Chicago and the Prairie State face a continued surge of coronavirus cases.

  • November 24, 2020

    Fla. Courts Factor Vaccine Use Into New COVID-19 Guidelines

    The broader reopening of Florida state courts during the COVID-19 pandemic will be tied to an effective vaccine being put into use, according to the latest guidelines issued by Supreme Court Chief Justice Charles Canady late Monday.

  • November 23, 2020

    Rebuffed By Kaplan, Donziger Atty Calls Out Judges' 'Opacity'

    Chevron foe Steven Donziger's new lawyer questioned Monday who's in charge of given issues relating to Donziger's criminal contempt case, telling U.S. District Judge Lewis Kaplan, the judge in Donziger's civil case, that the situation is beset by "utter opacity."

  • November 23, 2020

    Teva's Bid To Duck MDL Trials Slammed As 'Fool's Errand'

    A group of drug buyers and states asked a Pennsylvania federal judge Friday to reject Teva Pharmaceutical's bid to scrap a bellwether trial in multidistrict litigation over civil price-fixing claims to await the outcome of related criminal charges, calling the drugmaker's efforts to keep witnesses from overlapping a "fool's errand."

  • November 23, 2020

    EEOC Likely To Win Pay Bias Trial Against Baltimore Library

    The Baltimore public library system suffered pushback Monday from a Maryland federal judge who seemed poised to hand the U.S. Equal Employment Opportunity Commission a victory in a bench trial over claims that the Enoch Pratt Free Library illegally underpaid female workers.

  • November 23, 2020

    Md. Court Reinstates $2.6M Award In Cancer Death Suit

    A Maryland appeals court on Monday reinstated a $2.6 million jury verdict in a suit accusing a radiologist of failing to timely diagnose a woman's breast cancer that caused her death, saying the trial judge's decision to toss the verdict was erroneous.

  • November 23, 2020

    EDTX Judge Mazzant Talks Holding Trials Amid COVID-19

    Eastern District of Texas Judge Amos L. Mazzant III, one of the first Texas federal judges to resume in-person jury trials after an unprecedented four-month suspension due to the coronavirus, granted Law360 an interview to discuss his trial experience during the pandemic. Here, Judge Mazzant talks about the decision to open up his court, the COVID-19 outbreak that interrupted one of his trials and what to expect in 2021.

  • November 23, 2020

    SEC Fights To Call Spartan 'Shell Factory' At Trial

    The U.S. Securities and Exchange Commission urged a Florida federal court on Friday to reject Spartan Securities' bid to block the use of the term "shell factory" in an upcoming trial over allegations that the broker-dealer was complicit in the creation of sham companies that allegedly fraudulently sold stock.

  • November 23, 2020

    1st Circ. Backs Convictions For Pharma Inside Traders

    The First Circuit on Friday upheld the insider trading convictions of two biotech employees, saying the pieces of evidence at trial "fit neatly together" to show the friends profited by trading stock based on nonpublic information.

  • November 20, 2020

    Hanover Hit With $127K Verdict Over Builder's Flood Coverage

    A Florida federal jury awarded roughly $127,000 Thursday to a construction company that said Hanover Insurance wrongly withheld flood coverage connected to the construction of a Rooms To Go store in Baton Rouge, Louisiana.

Expert Analysis

  • NY Contract Litigation Indicates Limits Of COVID-19 Defenses

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    Although there has not yet been a decision on the merits, a wave of COVID-19 litigation concerning force majeure, impossibility and frustration of purpose in New York indicates that using pandemic-related excuses to avoid contractual obligations may be limited, says Seth Kruglak at Norton Rose.

  • Ethics Reminders As Employees Move To Or From Gov't

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    Many organizations are making plans for executives to go into government jobs, or for government officials to join a private sector team, but they must understand the many ethics rules that can put a damper on just how valuable the former employee or new hire can be, say Scott Thomas and Jennifer Carrier at Blank Rome.

  • A Key To Helping Clients Make Better Decisions During Crisis

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    As the pandemic brings a variety of legal stresses for businesses, lawyers must understand the emotional dynamic of a crisis and the particular energy it produces to effectively fulfill their role as advisers, say Meredith Parfet and Aaron Solomon at Ravenyard Group.

  • Avoiding Copyright Liability For Tattoo Depiction In Media

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    Two recent diverging copyright decisions concerning Take-Two video games' depiction of professional athletes' tattoos provide guidance on strategically using the implied license and fair use defenses when digital reproductions may infringe copyrighted tattoos, says Rowley Rice at Munger Tolles.

  • Ethics Considerations For Law Firms Implementing AI

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    Richard Finkelman and Yihua Astle at Berkeley Research Group discuss the ethical and bias concerns law firms must address when implementing artificial intelligence-powered applications for recruiting, conflict identification and client counseling.

  • Picking The Right Location And Tools For Virtual Courtrooms

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    Attorneys should consider the pros and cons of participating in virtual court proceedings from home versus their law firm offices, and whether they have the right audio, video and team communication tools for their particular setup, say attorneys at Arnold & Porter.

  • Remedial Measure Evidence Use In IP Cases Needs Clarity

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    A tension in federal district and circuit courts over whether Federal Rule of Evidence 407, which prohibits post-injury remediation evidence, applies in the intellectual property context creates great uncertainty that courts should resolve with a bright-line rule, say Sharad Bijanki and Patrick Muffo at Seyfarth.

  • Beware Atty Ethics Rules When Reporting COVID-19 Fraud

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    Attorneys considering blowing the whistle on False Claims Act violations by recipients of COVID-19 relief may face a number of ethical constraints on their ability to disclose client information and file qui tam actions, say Breon Peace and Jennifer Kennedy Park at Cleary.

  • Looking For Judicial Activists? Check The Footnotes

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    U.S. Supreme Court nominees typically face intense questioning over potential judicial activism, but a better way to gauge judges' activist tendencies may be to look at the footnotes in their opinions, say Christopher Collier at Hawkins Parnell and Michael Arndt at Rohan Law.

  • Using Prior Art In Patentability Args Amid Fed. Circ. Confusion

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    While waiting for the Federal Circuit to resolve its recent inconsistent treatment of prior-art-based arguments during a Section 101 patent eligibility analysis, practitioners should draft patent specifications to show improvements over prior art and then leverage them in litigation, say Michael Kiklis and Matthew Zapadka at Bass Berry.

  • Best Practices For Legal Technology Adoption

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    The pandemic has accelerated the need to improve the practice of law through technology, but law firms and in-house legal departments must first ensure they have employee buy-in and well-defined processes for new digital tools, say Dan Broderick at BlackBoiler and Daryl Shetterly at Orrick.

  • The Pandemic's Long-Term Impact On Law Firm Operations

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    Brian Burlant at Major Lindsey looks at how pandemic-era remote work has changed the way law firms operate — from shifts in secretarial functions to associate professional development — and explains why some alterations may be here to stay.

  • Opinion

    Lack Of Access To Remote Court Proceedings Is Inexcusable

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    Blanket rules that bar recording or dissemination of remote public court proceedings impede presumptive common law and First Amendment right of access, greatly expand courts' powers over nonparties, and likely run afoul of U.S. Supreme Court precedent, says Matthew Schafer at ViacomCBS.

  • Opinion

    Why Attacks On Trump's Election Lawyers Are Problematic

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    The vilification of Jones Day and Porter Wright for their involvement in President Donald Trump's election lawsuits is an attack on lawyers' duty to advocate for their clients' causes fearlessly and zealously within the bounds of the law, says Pierce O'Donnell at Greenberg Glusker.

  • Avoiding 6 Common E-Discovery Production Pitfalls

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    Vanessa Barsanti and Sarah Mahoney at Redgrave explore how attorneys can prevent collateral discovery disputes by efficiently overseeing the electronic document review process and ensuring the integrity of the information provided to opposing counsel.

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