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Trials

  • January 16, 2019

    Platinum Judge Sees No Misconduct, But Raps Gov't 'Candor'

    A Brooklyn federal judge on Wednesday rejected the latest request from several Platinum Partners LLP executives to dismiss a criminal fraud case against them, saying there wasn't enough proof to support the idea that prosecutors hid evidence or fabricated threats to witnesses.

  • January 16, 2019

    King & Spalding Adds Gov't-Focused Partners In SF, DC

    King & Spalding LLP is expanding its government-related practice groups with the addition this week of a former Georgia state legislator who recently helped screen judge candidates in filling vacancies on the bench, and a veteran U.S. Department of Justice prosecutor who sent corrupt judges to prison.

  • January 16, 2019

    Curious Jury Gets Answers From Pathologist In J&J Talc Trial

    A pathologist fielded questions in a California courtroom Wednesday from jurors considering whether Johnson & Johnson baby powder contained asbestos that caused a dying woman’s cancer, explaining that the asbestos amounts found in the woman’s lung tissue and lymph nodes were too high to have come from ambient air.

  • January 16, 2019

    Mo. High Court Hits Pause On Looming J&J Talc Cancer Trial

    The Missouri Supreme Court has granted Johnson & Johnson's last-minute bid to pause a trial on claims that asbestos in the pharmaceutical giant's talcum powder products gave 13 women ovarian cancer, issuing a stay days before jury selection was scheduled to begin in St. Louis.

  • January 16, 2019

    Mich. Atty Granted New Trial In Injury Referral Fee Fight

    A Michigan appellate court said Tuesday improper jury instructions warrant a new trial in a suit accusing a firm of failing to pay a solo practitioner a $680,000 fee as part of a referral agreement in an auto collision suit that ended in a $10.2 million award.

  • January 16, 2019

    Mo. Supreme Court OKs $29M Med Mal Award, Adds Interest

    The Missouri Supreme Court on Tuesday affirmed a jury's $28.9 million award in a suit accusing a hospital of failing to diagnose a woman's rare genetic disorder, which caused permanent brain damage and paralysis, and ruled that postjudgment interest was improperly denied by the trial judge.

  • January 16, 2019

    Dispute Over Ticket Autopricing Tech Goes Before NYC Jury

    A Manhattan jury mulled Wednesday whether to award entrepreneur Shmuel "Sam" Sherman damages after his company accused a rival of poaching what Sherman calls revolutionary software that allows resale brokers to easily reprice inventory in the multibillion-dollar market for sports and entertainment tickets.

  • January 16, 2019

    No Winner, No Loser In Steamboat Trademark Row

    Two boat companies that had fought for years over claims they infringed each other's trademarks found out from a Delaware federal jury Wednesday that their entire fight was for nothing — no one's trademarks were infringed at all. 

  • January 16, 2019

    Ariad Exec’s Ex Gets 18 Months For Trading On Drug Info

    The ex-husband of a former Ariad Pharmaceuticals executive was sentenced to 18 months in prison Wednesday for insider trades he made based on meetings his then-wife had with the U.S. Food and Drug Administration about the company's cancer drug.

  • January 16, 2019

    Jury Told Chemical Co. Must Pay For Worker's Asbestos Death

    Counsel for the widow of a manufacturing plant worker who died of mesothelioma told a New Jersey jury during closing arguments Wednesday that asbestos supplier Union Carbide Corp. caused the "worst pain and suffering" possible and should be forced to pay damages to match.

  • January 16, 2019

    Opioid User Testimony To Be Key Factor In Mass. Insys Trial

    The day before hundreds of potential jurors descend on a Boston courtroom for a closely watched criminal case accusing former Insys Therapeutics Inc. executives of bribing doctors to prescribe opioids, attorneys sparred Wednesday over what patients who took the drug can say during the 14-week trial.

  • January 16, 2019

    Ex-Barclays Traders 'Tainted' Euribor Rates, Court Told

    Three former Barclays PLC traders were part of a conspiracy to cheat the financial system that “tainted” the integrity of a key interest rate benchmark used to price trillions of dollars of financial products, prosecutors told a London jury on Wednesday.

  • January 15, 2019

    Weston Capital Founder Dodges Prison Over Investor Fraud

    A Manhattan federal judge on Tuesday spared the founder of hedge fund manager Weston Capital Asset Management from prison over his role in a multimillion-dollar investment fraud scheme after the government cited his crucial cooperation in prosecutions that brought down film producer David Bergstein and serial fraudster Jason Galanis.

  • January 15, 2019

    Prof Calls Qualcomm Royalties 'Naked Tax,' Invokes Microsoft

    A University of California, Berkeley economics professor testified for the Federal Trade Commission on Tuesday that Qualcomm's standard-essential patent royalties serve as a competition-killing "naked tax" on its modem chips, comparing the practice to software bundling that got Microsoft in trouble with the feds 20 years ago.

  • January 15, 2019

    PTAB To Review IBM Patent Despite $57M Groupon Case

    The Patent Trial and Appeal Board will review an IBM Corp. e-commerce patent challenged by a group of travel websites, rejecting Tuesday the argument that it should deny the petition in light of a recent jury verdict against Groupon Inc. in a $57 million infringement dispute.

  • January 15, 2019

    Greatbatch Gets $22M In Redo Of Pacemaker Patent Trial

    Medical device maker Greatbatch Ltd. received a $22 million damages award Monday following a six-day trial in Delaware federal court over three pacemaker technology patents infringed by AVX Corp., replacing a 2016 jury decision that awarded it $37.5 million.

  • January 15, 2019

    Minn. Construction Co. Still On Hook For $4.7M Injury Award

    A Minnesota appeals court on Monday affirmed a $4.7 million verdict for a driver who was seriously hurt when a rock from a construction company’s truck smashed into his vehicle, and said the lower court needs to consider putting punitive damages back on the table.

  • January 15, 2019

    11th Circ. Jettisons NASA Worker’s Army Base Injury Award

    The Eleventh Circuit on Tuesday vacated an injury award in a suit blaming the federal government for injuries a NASA civilian employee suffered in an auto collision due to a U.S. Army base security guard’s alleged negligence, saying the government is immune to liability under the Federal Tort Claims Act.

  • January 15, 2019

    Wabtec Raps 'Desperate' Siemens In $8.3M Railroad IP Suit

    Westinghouse Air Brake Technologies Corp. on Tuesday called a battery of Siemens Mobility Inc. patent infringement claims "desperate" gambits by a latecomer to the U.S. rail safety market, during opening statements in Delaware for a nine-day $8.3 million federal jury trial.

  • January 15, 2019

    Ameriprise Rips 'Quadruple Damages' In Life Insurance Fight

    A state judge in Pittsburgh awarded “quadruple damages” against Ameriprise Financial Inc. based on an erroneous reading of Pennsylvania law and wrongly handed out attorneys’ fees that had ballooned during appeal, the company told a state Superior Court panel Tuesday in a life insurance overpayment dispute.

Expert Analysis

  • 11 Military Leadership Principles To Build Winning Trial Teams

    Astor Heaven

    The “11 Principles of Leadership,” included in the Army Field Manual on Leadership in 1951, can easily be translated into strategies to build winning litigation and trial teams, says Astor Heaven of Crowell & Moring LLP.

  • A Closer Look At CFTC's Loss In Market Manipulation Case

    Michael Brooks

    While the New York federal court's decision in U.S. Commodity Futures Trading Commission v. Wilson may embolden defendants in CFTC and Federal Energy Regulatory Commission enforcement matters, the circumstances surrounding it should continue to serve as a caution to market participants, say Michael Brooks and Robert Pease of Bracewell LLP.

  • Arbitrators And Mediators Should Reflect Society's Diversity

    James Jenkins

    Alternative dispute resolution providers have made great strides toward diversity, but recent statistics show there is still work to be done. There are certain steps ADR providers can take to actively recruit more women and minority candidates to serve as arbitrators and mediators, says James Jenkins of the American Arbitration Association.

  • Why AFAs Are Key To The Future Of Legal Practice

    Kelly Eisenlohr-Moul

    Alternative fee agreements can help align law firm and client interests, increase efficiency and eliminate corporate extortion, among other benefits. They are the best thing to happen to the practice of law in decades, says Kelly Eisenlohr-Moul at Dinsmore & Shohl LLP.

  • Series

    Judging A Book: Barron Reviews 'The Clamor Of Lawyers'

    Judge David Barron

    Can lawyers lead a revolution? According to "The Clamor of Lawyers: The American Revolution and Crisis in the Legal Profession" — a slim but elegant volume by Peter Charles Hoffer and Williamjames Hull Hoffer — they can and they did, says First Circuit Judge David Barron.

  • Why Apple Customers Lost A Suit Over Storage Capacity

    Jeffrey Edelstein

    A California federal court recently dismissed a lawsuit filed by Apple customers over the advertised storage capacity of iPhones and iPads. The case illustrates the importance of accurate advertising about the technical specifications of products, but also the need for plaintiffs to draft their complaints with care, says Jeffrey Edelstein of Manatt Phelps & Phillips LLP.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 2

    Peter Jarvis

    Lawyer-directed nonrecourse litigation funding is more likely to protect a lawyer's exercise of independent professional judgment than traditional means of litigation finance, and furthermore enables worthwhile cases that otherwise could not be funded, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Shutdown's Messy Impact On Consumer Protection Activities

    Alan Wingfield

    As it appears the federal government shutdown could continue for some time, attorneys with Troutman Sanders LLP discuss its effect on the regulatory and litigation docket for consumer-facing companies.

  • Opinion

    The Case For Lawyer-Directed Litigation Funding In NY: Part 1

    Peter Jarvis

    Contrary to what the New York City Bar Association concluded in an ethics opinion last year, lawyer-directed nonrecourse commercial litigation funding does not violate New York rules on sharing fees with nonlawyers, say Peter Jarvis and Trisha Thompson of Holland & Knight LLP.

  • Correcting CFTC Course On Manipulative Intent

    Chad Silverman

    In U.S. Commodity Futures Trading Commission v. Wilson, a New York federal court properly relied on 30 years of precedent to overturn the CFTC's broad new theory of manipulative intent, says Chad Silverman of Skadden Arps Slate Meagher & Flom LLP.