Trials

  • January 24, 2017

    Pharma Refund Co. Can't Nix Evidence Of Money Laundering

    A pharmaceutical refund company can’t stop the government from offering evidence that the company laundered money before receiving payments from manufacturers, a Pennsylvania federal judge said Tuesday, rejecting arguments that the information would contradict prosecutors’ previous arguments.

  • January 24, 2017

    Owner, Salvation Army Blamed For Fatal Philly Collapse

    The Philadelphia jurors who — after more than four months of trial — will soon begin assigning responsibility for the 2013 building collapse that led to seven deaths and 12 injuries were urged Tuesday to pin blame on the owner of the building that crumbled as well as the Salvation Army.

  • January 24, 2017

    Fla. Hospital Wins Verdict In Nurse’s $2M Whistleblower Suit

    A South Florida hospital has won a jury verdict in a $2 million dispute with a former nurse who claimed she was fired because she was a whistleblower.

  • January 24, 2017

    Texas Jury Awards $23M For Cattle Broker Fraud

    A Texas jury has awarded a Nebraska cattle broker $23.2 million from a trio of Texans accused of running a check fraud scheme to buy and sell cattle in what is allegedly one of the largest cattle frauds in Texas history.

  • January 24, 2017

    La. High Court Orders Reconsideration Of Med Mal Damages

    The Louisiana Supreme Court has ordered another look at a shifting medical malpractice damages award against an obstetrician-gynecologist, finding that a lower appellate court used the wrong standards when it fiddled with a jury’s findings.

  • January 24, 2017

    Tech Co. Says Lower Court's Errors Cost It Coverage Trial Win

    A New York federal jury’s decision that Beazley Insurance owed no coverage toward its policyholder’s settlement with a video technology company over lapsed payments was brought about by a number of errors by the overseeing judge and should be reversed, the video company told the Second Circuit on Monday.

  • January 24, 2017

    Bail-Jumping Ex-Analyst Ruled Fit For Insider-Trading Trial

    A Manhattan federal judge shot down a former fund analyst's attempt to delay his insider-trading trial Tuesday, saying defendant John Afriyie does not need psychiatric evaluation, before a jury began hearing allegations that he used his mother's brokerage to turn a $1.5 million profit from knowledge of a leveraged buyout.

  • January 24, 2017

    Vote-Buying Charge Slammed As Pa. Politician's Trial Opens

    A Pennsylvania state senator’s federal bribery trial kicked off on Tuesday with opening statements accusing prosecutors of cynically casting an honest effort to help a constituent as an illicit scheme to buy a local democratic official’s support in a bid for a party leadership post.

  • January 24, 2017

    Glaxo Wants To Bar FDA, Plea Evidence From Paxil Trial

    Jurors in an upcoming trial over birth defects allegedly caused by the antidepressant Paxil must not be told about drugmaker GlaxoSmithKline's alleged campaign to defraud drug regulators, about destruction of study data or about its 2012 guilty plea on misbranding charges, the company insisted Tuesday.

  • January 24, 2017

    Penske To Settle Calif. Truckers' Class Action For $750K

    A long-running California wage-and-hour class action alleging Penske Logistics LLC failed to provide truck drivers with meal breaks will be settled for $750,000, a deal that will cancel a scheduled February trial and distribute $332,500 to drivers after attorneys’ fees and other costs are deducted, according to a court filing late Monday.

  • January 24, 2017

    Ex-Goldman Coder's Theft Conviction Reinstated

    A New York appeals court reinstated the guilty verdict against former Goldman Sachs Group Inc. programmer Sergey Aleynikov, finding Tuesday that state prosecutors had the evidence needed to convict the programmer of stealing code from the bank's high-frequency trading platform.

  • January 24, 2017

    Trials Group Of The Year: Kirkland & Ellis

    Kirkland & Ellis LLP’s litigators proved that they’re a force to be reckoned with over the past year, guiding Samsung to victory in a hard-fought patent battle and helping Abbott Laboratories dodge a False Claims Act suit seeking more than $1 billion to land among Law360’s Trials Groups of the Year.

  • January 23, 2017

    Med Mal Review Panel Processes Examined By Ind. Court

    The parents of a baby who suffered injuries at birth urged an Indiana state appeals court on Monday to revive their suit accusing a women’s health center of failing to order an emergency C-section, arguing that a medical review panel should’ve asked for more information about the case before issuing an adverse opinion.

  • January 23, 2017

    Bio-Rad CEO Tells Jury Ex-GC ‘Came Unglued’ After DOJ Fee

    The CEO of Bio-Rad Technologies defended himself and the life sciences company against claims its former general counsel was retaliated against for reporting violations of the Foreign Corrupt Practices Act, saying he was really fired because he “came unglued,” yelled at co-workers and caused the company to miss federal filing deadlines.

  • January 23, 2017

    Jury Selection Kicks Off In Dewey Retrial

    Jury selection in the retrial of two former top executives of failed law firm Dewey & LeBoeuf LLP began Monday, and the judge overseeing the marathon case laid out some ground rules for the defense in its questioning of the star cooperating witness in the case, in light of his sweetened plea deal.

  • January 23, 2017

    PG&E Ordered To Pay $3M Fine For San Bruno Explosion

    A California federal judge announced at a sentencing hearing Monday that Pacific Gas & Electric Co. will be ordered to pay the maximum $3 million fine for its role in the 2010 San Bruno gas line explosion, but postponed to Thursday a final decision on other sentencing provisions.

  • January 23, 2017

    Ameren Coal Plant Upgrades Violated CAA Permit, Judge Says

    A Missouri federal judge handed the U.S. Environmental Protection Agency a win Monday, ruling that Ameren Corp. violated the Clean Air Act by making major upgrades to a coal-fired power plant without obtaining the required permits or limiting emissions.

  • January 23, 2017

    Midtrial Settlement Ends Suit Over $13M Coker Barge Deal

    Crude oil transportation operation CGBM 100 LLC has ended a Texas federal court suit linked to a $13 million barge transportation contract gone wrong on the fifth day of trial, according to court filings Monday.

  • January 23, 2017

    Trials Group Of The Year: Jones Day

    Jones Day’s work securing for Idenix Pharmaceuticals the largest patent-infringement verdict in U.S. history, after a federal jury took less than two hours to award the company a multibillion-dollar royalty share of Gilead Sciences Inc.'s profits from two blockbuster hepatitis C drugs, makes the firm’s trials team one of Law360’s 2016 Practice Groups of the Year.

  • January 23, 2017

    Apple Can't Keep $400M Award, Samsung Tells Fed. Circ.

    Samsung Electronics Co. told the Federal Circuit that Apple was flat wrong in arguing that a recent U.S. Supreme Court finding on design patent awards didn’t disturb its claim on a $400 million award, saying Monday that it took “chutzpah” for the iPhone maker to try to stop Samsung’s new trial.

Expert Analysis

  • The Anatomy Of A Successful FELA Cumulative Trauma Case

    Pearlman.jpg

    Railroad work can be dangerous, and even nonfatal injuries can lead to career-ending cumulative trauma. When railroads fail to protect employees from preventable injuries, they may be liable under the Federal Employers Liability Act. Arvin Pearlman and Benjamin Wilensky of Sommers Schwartz PC detail how FELA was key to their recent $2.5 million jury victory in Lilly v. Grand Trunk Western Railroad, in Michigan's Third Circuit.

  • Cybersecurity And The Economic Loss Doctrine

    Alexis Kellert

    The Eleventh Circuit's holding earlier this month in Silverpop Systems v. Leading Market Technologies helps clarify the type of evidence a party must offer to prove that a duty existed in the context of a cybersecurity breach. It also shows how the economic loss doctrine can provide a shield against tort actions brought over cyberattacks, says Alexis Kellert of Weil Gotshal & Manges LLP.

  • 1st Circ. Affirms Narrow Scope Of Federal Criminal Statutes

    Joshua S. Levy

    The First Circuit's decision last month in U.S. v. Tavares unexpectedly added real teeth to the “in furtherance of” requirement of the mail and wire fraud statutes, say Joshua Levy and Daniel Fine of Ropes & Gray LLP.

  • Vessel Owners' Duties To Longshoremen Only Go So Far

    Hansford Wogan

    In Abston v. Jungerhaus Maritime Services, the Fifth Circuit recently held for a vessel owner against a longshoreman injured on the job during heavy rainfall. As the court noted, a vessel owner must exercise reasonable care to prevent injuries in areas under "active control of the vessel," but the owner often relinquishes control to contractors for loading or unloading, says Hansford Wogan of Jones Walker LLP.

  • ConAgra Opinion May Repair Ascertainability Circuit Split

    Fred Taylor Isquith

    In its systematic, careful and Rule 23-specific opinion in Briseno v. ConAgra, the Ninth Circuit found a way to eviscerate the Third Circuit’s views on “ascertainability.” This important opinion may not end the debate, but it may engender new thinking from the Third and Fourth Circuits, says Fred Taylor Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • 'Take-Home' Asbestos Means A Duty Of Care In California

    Nicole Harrison

    In two coordinated cases, the California Supreme Court recently ruled that employers using asbestos in the workplace have a duty of care to protect employees’ household members from exposure via workers' clothing or persons. This holding may encourage more asbestos lawsuits in California, but the court did offer some limitations of which defendants should be mindful, says Nicole Harrison of Manion Gaynor Manning LLP.

  • Lessons From The Largest Patent Damages Award In History

    Barry J. Herman

    Last month in Delaware federal court, the jury in Idenix v. Gilead awarded Idenix $2.54 billion, the largest patent damages award in history. A review of the trial transcripts and documents provides valuable insight that can be applied to patent damages cases of all shapes and sizes, says Barry Herman of Womble Carlyle Sandridge & Rice LLP.

  • The Need For A Limitations Period On SEC Disgorgement Claims

    Daniel McCaughey

    The U.S. Supreme Court recently granted certiorari in U.S. Securities and Exchange Commission v. Kokesh to review whether civil enforcement claims brought by the SEC for the remedy of disgorgement are subject to any statute of limitations. Attorneys with Ropes & Gray LLP examine the significance of the statute of limitations question, especially for private equity firms.

  • A Federal Crackdown On Tax Zapper Software

    Matthew Lee

    Revenue suppression or “tax zapper” programs delete some or all of a restaurant’s cash transactions and then reconcile the books of the business, lowering the firm's tax bill. States have battled zappers for years, but the case of United States v. John Yin, filed last month in the Western District of Washington, shows federal authorities are now joining the fight, says Matthew Lee of Fox Rothschild LLP.