• November 16, 2017

    Railroads Get New Trial After Occupational Injury Verdict

    The Pennsylvania Superior Court on Thursday overturned a $600,000 jury verdict against CSX Transportation Inc. and other railroad companies over a former employee’s occupational injuries, granting the railroads a new trial on the basis that counsel for the employee introduced precluded evidence and made a prejudicial comment at trial.

  • November 16, 2017

    Payday Lender Convicted Of Running $220M 'Offshore' Racket

    The operator of an online payday lending firm was convicted by a Manhattan federal jury on all charges against him Wednesday over his alleged $220 million, yearslong campaign to deceive borrowers, regulators and even his own lawyers into believing that his companies were based offshore and not bound by U.S. law.

  • November 16, 2017

    Texas Med Center's Win In Sciatic-Nerve Injury Suit Upheld

    A Texas appellate court on Thursday sided with The Medical Center of Southeast Texas in a patient's appeal of a jury verdict favoring the hospital over claims that a nurse injured the patient's sciatic nerve while giving him an injection for pain in his hip, saying the jury had properly interpreted the evidence.

  • November 16, 2017

    Mistrial For Labor Boss, Hedge Funder In Union Graft Case

    A New York federal judge on Thursday declared a mistrial in the corruption case against New York City labor leader Norman Seabrook and Platinum Partners LP founder Murray Huberfeld, after the jury, having deliberated about 36 hours over six days, announced itself for a second time to be deadlocked.

  • November 16, 2017

    Auxilium Not Liable For Man's Heart Attack, Ill. Jury Finds

    An Illinois federal jury said Thursday that Auxilium's Testim did not cause a man's heart attack, handing the drugmaker a victory in its first trial in the multidistrict litigation over testosterone replacement therapy drugs.

  • November 16, 2017

    J&J, Talc Supplier Not Liable For Woman's Asbestos Illness

    A California jury on Thursday cleared Johnson & Johnson and its talc supplier of any liability for a woman’s terminal mesothelioma, an asbestos-related cancer, holding that there was no evidence that the companies’ talcum powder was unsafe.

  • November 16, 2017

    Menendez Trial Ends With Hung Jury

    A New Jersey federal judge on Thursday declared a mistrial in the case of Sen. Bob Menendez and a Florida ophthalmologist after jurors said they could not reach a unanimous decision on any charges, with the panel divided over whether the two men engaged in a bribery scheme or were just friends.

  • November 16, 2017

    J&J Slammed With $247M Verdict In Texas Hip Bellwether

    A Texas federal jury on Thursday hit Johnson & Johnson and its DePuy Orthopaedics Inc. unit with a combined $247 million verdict in a bellwether trial over DePuy’s Pinnacle line of metal-on-metal hip implants, delivering the third consecutive nine-figure verdict in the multidistrict litigation.

  • November 15, 2017

    FIFA Defendant Threatened Witness At Trial, Prosecutors Say

    Tensions rose in the FIFA corruption trial on Wednesday as prosecutors asked a federal judge to place one of the defendants in jail during the trial after he allegedly made a “slicing motion across his throat” at a government witness who testified that the defendant and other soccer officials agreed to take millions of dollars in bribes.

  • November 15, 2017

    Auxilium's First Testosterone Bellwether Heads To Jury

    Auxilium knew that its testosterone replacement therapy drug Testim was not approved for men whose low testosterone was caused by their age but it promoted the drug for them anyway, turning their lives into “a vast experiment,” attorneys for a Testim user told an Illinois federal jury Wednesday.

  • November 15, 2017

    Zohar Funds Lose Bid To Block Patriarch Co. Disbursement

    A New York federal judge has declined to block a Patriarch Partners administrative agent from potentially paying out $45 million that several investment funds created by Patriarch’s CEO Lynn Tilton have claimed is theirs, ruling that they failed to show money damages couldn't fix any injury they might otherwise allegedly suffer if the disbursement is made.

  • November 15, 2017

    Ex-NJ Doctor Loses Appeal Over Ineffective Lawyer Claims

    The New Jersey Appellate Division on Wednesday refused an unlicensed doctor’s second bid to reverse his conviction on deception and insurance fraud charges, ruling that he made arguments that should have been raised earlier, including that his counsel was ineffective, and also attempted to relitigate issues that were already shot down in his original appeal.

  • November 15, 2017

    Judge Mulls Tough Sentence For Foreclosure Bid-Rigger

    A California federal judge on Wednesday held off on sentencing a man facing nearly three years in prison for rigging bids at foreclosure auctions in the San Francisco Bay Area, saying she wants to know exactly how much he personally received from the scheme and noting she has seen him express no contrition for his actions.

  • November 15, 2017

    Ark. Appeals Court Lets Med Mal Jury Instructions Stand

    An Arkansas appeals court on Wednesday upheld a trial court’s jury instructions to only consider the testimony of nurses called as witnesses, not that of the patient, in a suit alleging that a nurse administered a steroid injection in the wrong location, determining that such instructions were required by law.

  • November 15, 2017

    Will Marinello Be The McDonnell Of Tax Crimes?

    Carlo Marinello will argue to the U.S. Supreme Court next month that a vague tax law gives prosecutors power to criminalize anything that makes the IRS' job harder, in a case that could see the high court continue limiting broad criminal laws as it did last year in U.S. v. McDonnell.

  • November 15, 2017

    Abbott Won't Face Autism Claim In Depakote Birth Defect Trial

    An Illinois federal judge blocked autism-related claims Wednesday from an upcoming trial over whether Abbott Laboratories' epilepsy drug Depakote caused birth defects, saying such claims weren't supported in expert testimony.

  • November 15, 2017

    J&J, Bayer Fight Ex-FDA Head's Xarelto Warning Testimony

    A pair of Johnson & Johnson and Bayer AG units pushed back Wednesday against a onetime U.S. Food and Drug Administration chief's trial testimony that they provided inadequate warnings about the risks of bleeding associated with the blood thinner Xarelto, which allegedly caused a patient to bleed internally.

  • November 15, 2017

    Gov't Says High Court Should Take Up Vitamin C Price-Fix Suit

    The U.S. solicitor general urged the U.S. Supreme Court on Tuesday to review a Second Circuit decision wiping out a $147 million judgment against two Chinese companies over allegations they fixed prices for vitamin C, asking the justices to decide whether a foreign government’s characterization of its own law is conclusive.

  • November 15, 2017

    Ex-Katten Atty Wanted Shkreli Loan Disclosed, Jury Hears

    Former Katten Muchin Rosenman LLP attorney Evan Greebel warned a former Retrophin Inc. executive that a move to convert a $900,000 Martin Shkreli investment in the drug developer to a loan was a possible "showstopper" that outside investors had to hear about, a jury weighing conspiracy charges against Greebel heard Wednesday.

  • November 15, 2017

    Feds Seek To Block Expert In Texas State Sen.’s Fraud Trial

    Texas federal prosecutors said Wednesday that a securities litigator set to be called as a trial expert for a Texas state senator charged with securities fraud should be blocked because he intends to make a series of impermissible legal conclusions on the stand.

Expert Analysis

  • Being There: Defending Depositions

    Alan Hoffman

    Defending depositions is challenging. The lawyer is the only shield and protector for the witness and the client. The rules of engagement are less than clear, and fraught with ethical perils. Difficult judgment calls often must be made in the heat of battle. This is where lawyers really earn their keep, says Alan Hoffman of Husch Blackwell LLP.

  • Opinion

    The Legal Fallout For Harvey Weinstein’s Hired Hands

    Nicole Kardell

    There is a difference between a lawyer or investigator seeking evidence to defend against allegations and correct misrepresentations, and, on the other hand, using duplicitous means to gather information and intimidate alleged victims and journalists. Client advocacy does not mean winning at all costs, says Nicole Kardell of Ifrah Law PLLC.

  • How Calif.’s Anti-SLAPP Law Affects Amended Complaints

    Felix Shafir

    Horvitz & Levy LLP partners Felix Shafir and Jeremy Rosen examine two complex subjects implicated by California's anti-SLAPP statute — whether the statute prevents a plaintiff from filing an amended complaint after an anti-SLAPP motion challenges the initial complaint, and whether anti-SLAPP challenges can be marshaled against amended complaints.

  • Jury Persuasion In An 'Alt-Fact' World

    Shelley Spiecker

    Today's climate of “alternative facts” has jurors making decisions based on beliefs, emotions and social affiliations that often go unacknowledged or underappreciated. To present their case in the most persuasive manner possible, litigators should consider adapting to their audience when it comes to four psychological factors, say consultants with Persuasion Strategies, a service of Holland & Hart LLP.

  • Are 'Smart' Courts Smart Enough For IP Disputes?

    Junqi Hang

    Remote video appearance is already in use for certain trials, hearings, and arbitration and mediation proceedings. But the methodology of court remoteness and the concept of "smart" courts may not be able to accommodate intellectual property cases, which tend to be complex in subject matter, say Junqi Hang and Jingqiang Zhang of Dragon Intellectual Property Law Firm.

  • Series

    What I Learned In My 1st Year: Get Real, But Get It Right

    Dawn Reddy Solowey

    At my first job out of law school, I handled prepublication review of stories for local TV news and newspapers. With little time for legal research, I had to know the rules cold, how to apply them, and how to make judgment calls when the answer was more gray than black or white, says Dawn Reddy Solowey of Seyfarth Shaw LLP.

  • Applying The Investors' Playbook To Legal Career Planning

    Howard Cohl

    Nothing has been more instrumental in my role as a legal recruiter than what I learned from a variety of hedge fund managers, venture capitalists and investment bankers — how to analyze a deal and make a decision quickly. It boils down to the traditional SWOT analysis, says Howard Cohl, director in Major Lindsey & Africa’s emerging markets group.

  • Federal Claims Must Meet Diversity Jurisdiction Burden

    Jeffrey Odom

    The Third Circuit recently dismissed a plaintiff’s fear of cancer claims arising from a chemical spill, and found the diversity jurisdiction burden was not met. Defendants should look beyond the sensational facts of toxic tort claims and challenge the evidence presented at filing to determine whether jurisdiction is proper, says Jeffrey Odom of Lane Powell PC.

  • How IT And Procurement Pros Can Inform Law Firm Budgeting

    Steve Falkin

    As law firms begin preparing for their annual budget review, Steve Falkin and Lee Garbowitz of HBR Consulting discuss why firm leaders should give their internal information technology and procurement teams a seat at the table.

  • Getting Real About Artificial Intelligence At Law Firms

    Mark Williamson

    Artificial intelligence needs to be legally defensible in order to be useful to law firms. There are requirements for making this happen, says Mark Williamson, co-founder and chief technology officer of Hanzo Archives Ltd.