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  • October 18, 2018

    Insurer Not Off Hook For $8.7M Car Crash Injury Award

    A Michigan federal judge has denied Wausau Underwriters Insurance Co.'s bid to avoid paying an $8.7 million damage award against one of its policyholders, ruling there are issues of fact about whether the insurer acted in bad faith when the insured was sued over a car crash.

  • October 18, 2018

    Four Seasons' Win Sticks In Suit Over Shatter-Prone Doors

    A woman who was injured at a Four Seasons hotel by a shower-area glass door that shattered was not prejudiced by her inability to tell a jury about the hotel's alleged safety violations and therefore cannot receive a new trial, an Illinois federal judge ruled on Wednesday.

  • October 17, 2018

    Ex-Radio Host Convicted Of All Counts In $20M Ponzi Scheme

    A Maryland federal jury found a former financial adviser guilty Wednesday of running a $20 million Ponzi scheme and using investor funds to support a lavish lifestyle and arrange religious ceremonies in India meant to ward off federal investigators, prosecutors said.

  • October 17, 2018

    Nokia Backs Patent Successor In $7.3M Fight With Apple

    Nokia Technologies Oy has thrown its support behind Core Wireless Licensing SARL's bid asking the Federal Circuit to reinstate a $7.3 million jury verdict for patent infringement against Apple Inc., arguing in a Tuesday brief that the panel was wrong to find that one of Core Wireless' cellular patents might be unenforceable.

  • October 17, 2018

    Hoops Trial Jury To Decide If Gov't Fraud Charges 'Flawed'

    Evidence that two former Adidas marketers and an aspiring agent defrauded National Collegiate Athletic Association schools by paying young basketball stars in secret is “overwhelming,” prosecutors told a Manhattan federal jury Wednesday, but the defense called the government’s theory of criminality “flawed.”

  • October 17, 2018

    A High Court Milestone Stirs Hope Of Gender Parity

    After an emotionally fraught confirmation process with sexual misconduct allegations front and center, a new justice joins the Supreme Court bench and brings four female clerks with him. The hires bring gender parity to the court's clerkship ranks for the first time, but will the shift be long-lasting?

  • October 17, 2018

    Papa John's Tries To Stymie Founder’s Chancery Demands

    Papa John’s pizza chain founder John Schnatter’s “unbounded” demands for company records in a Delaware Chancery Court suit and alleged intent to use the results in future personal litigation against the company justify denial or heavy pruning of disclosures, company attorneys said late Tuesday.

  • October 17, 2018

    Jury Awards RE Broker $2.5M Over Vegas Hilton Sale Fee

    A Nevada federal jury has held that Westgate Resorts and its parent company must pay the estate of a deceased real estate broker and his brokerage company $2.5 million for withholding their commission on the $150 million purchase of the Las Vegas Hilton.

  • October 17, 2018

    J&J Wants $20M Pa. Mesh Award Axed Over Alleged Time Bar

    A $20.2 million verdict against a Johnson & Johnson unit in a pelvic mesh injury case came under fire on Wednesday as a Pennsylvania appeals court heard arguments that the lawsuit that led to the award had been filed outside of the two-year statute of limitations.

  • October 17, 2018

    7th Circ. Upholds Conviction For Doc Who Ripped Off Insurers

    The Seventh Circuit on Wednesday said there’s “ample evidence” to support a jury’s finding that a Chicago dermatologist committed fraud by passing off cosmetic procedures as pre-cancer treatment to insurance companies.

  • October 17, 2018

    American Univ. Hit With $1.3M Jury Award Over Bias Claims

    A former American University professor has been awarded more than $1.3 million by a D.C. Superior Court jury for her claims that the school discriminated against her by denying her tenure based on her age.

  • October 17, 2018

    NJ Justices To Review Med Mal Ruling Over Doc's Testimony

    The New Jersey Supreme Court will review whether a split state appellate panel properly ordered a new trial in a medical malpractice suit earlier this year on the grounds that defense counsel wrongly failed to disclose that a doctor’s trial testimony would deviate from his prior statements.

  • October 17, 2018

    Redo Bid On Ill. Hospital's Med Mal Win Has 'No Merit': Panel

    An Illinois woman's bid to either reverse a jury's finding for a hospital and doctor or receive an entirely new trial over claims they failed to treat her husband's chest pain more seriously has "no merit," a state appeals court has ruled.

  • October 17, 2018

    $75M Award In Asbestos Case 'Unreasonable,' Judge Rules

    A New York Supreme Court judge has ruled that a $75 million damages award for a couple who alleged that asbestos from engine parts was responsible for the wife's mesothelioma was unreasonable, ordering a new trial if the couple doesn't agree to a reduction.

  • October 17, 2018

    Gov't Ready For Manafort Sentencing On Some Counts

    Federal prosecutors on Wednesday said they are ready to schedule a sentencing hearing for President Donald Trump's former campaign Chairman Paul Manafort, but said they want to keep open their option to retry Manafort on 10 counts that left a Virginia federal jury deadlocked in August.

  • October 17, 2018

    Lieff Cabraser, Others Want $90M In State Farm Judge Case

    Lieff Cabraser Heimann & Bernstein LLP, Clifford Law Offices PC and several other firms have asked for $90 million in fees and expenses for their work representing a class of State Farm customers who settled claims the insurance giant rigged an Illinois judicial election for $250 million.

  • October 17, 2018

    2 Ex-Deutsche Traders Convicted Of Libor-Rigging

    A Manhattan federal jury on Wednesday convicted two former Deutsche Bank AG traders of rigging the London Interbank Offered Rate to benefit their trading positions, setting the stage for a protracted legal fight over whether or not the trial was tainted by compelled testimony.  

  • October 17, 2018

    Ex-State Street Exec Promises Precedent-Setting Appeal

    After being sentenced to 18 months in prison, a former State Street Corp. executive who was convicted of stealing millions from international clients asked a Massachusetts federal judge Wednesday for his freedom pending an appeal that he promises will include multiple issues that have not yet been addressed by the First Circuit.

  • October 17, 2018

    Au Pair Agencies Say Feds' Brief Dooms Wage Claims

    Au pair sponsoring agencies gearing up for trial over allegations in a collective action they colluded to set low pay rates told a Colorado federal court Tuesday that a recent U.S. government filing in a related case debunks the former au pairs' central theory that the weekly stipend is illegally low.

  • October 16, 2018

    Duck Boat Cos.' Inaction Caused Deadly Crash, Jury Told

    Counsel for 42 victims of a “duck boat” crash that killed five people told a Seattle jury during opening statements Tuesday that the crash happened because of an axle defect that was improperly handled by amphibious vehicle tour company Ride the Ducks International and its Seattle licensee, while the companies blamed each other for not making a recommended repair to the vehicle. 

Expert Analysis

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • What Jurors Think Of #MeToo: A Snapshot

    Dan Gallipeau

    Recently, we began examining the attitudes of potential jurors on the #MeToo movement and related issues. This article shares some of our preliminary survey findings, which are on point with issues we all see daily in the media, says Dan Gallipeau of Dispute Dynamics Inc.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • Defamation In Litigation: A Primer On Privileges In NY

    Jonathan Bloom

    Under New York law, statements made in court and other litigation-related communications are, in most cases, privileged. But these privileges have limits, and it behooves litigants — particularly those inclined to speak publicly about their cases — to be aware of them, says Jonathan Bloom of Weil Gotshal & Manges LLP.

  • Akorn Could Alter 'Material Adverse Effect' Law In Delaware

    J.B. Heaton

    The Delaware Chancery Court's opinion this week in the Fresenius-Akorn merger dispute will likely be appealed. That appeal will determine whether this case is destined to change the understanding of material adverse effect, or whether the Chancery Court overreached on the law and the facts, says J.B. Heaton of the University of Chicago Law School.

  • Limiting The Scope Of Discovery Through Contract

    Brian Koosed

    Carefully drafted provisions in M&A and other transaction documents can be used to preemptively restrict some of the parties’ discovery rights in future litigation. There is strong reason to believe that courts will find such provisions to be enforceable, say attorneys with K&L Gates LLP.

  • Opinion

    Skip The New 'Civility Courses' And Think Like A Lawyer

    Alex Dimitrief

    As we watch what passes for political discourse in our nation’s capital, it’s understandable that universities are launching programs on how to cope with ideological disputes. But our country needs fewer people who profess to be open-minded and more people who engage in and honor the conclusions of reasoned debates, says Alex Dimitrief of General Electric Co.

  • Why Law Firms Should Monitor The Dark Web

    Anju Chopra

    Dark web monitoring allows law firms to see what sensitive information may have made its way onto the thriving global underground marketplace where cybercriminals buy and sell exposed data. It can also help lawyers advise clients on a wide range of legal and business matters, say Anju Chopra and Brian Lapidus of Kroll.

  • Does Rule 45 Protect Nonparties From Undue Burden?

    Matthew Hamilton

    Interpretations of Rule 45 protections vary but what's clear is that "undue burden" does not mean no burden at all. To avoid the costs of compliance with a subpoena, a nonparty should be ready to demonstrate its disinterest in the litigation and the anticipated cost and burden of compliance, say attorneys at Pepper Hamilton LLP.

  • Try Using Neutrals For State Court ESI Disputes

    Robert Wilkins

    According to the Florida Rules of Civil Procedure, cooperating with opposing counsel to resolve electronically stored information disputes is not required in litigation that is not designated as complex, unless provided for by an individual judge or in certain circuits. But mandated or not, this is a best practice in any state court action, says Robert Wilkins of Jones Foster Johnston & Stubbs PA.