Trials

  • May 24, 2017

    Jury Hands UC Berry IP Win, But Judge Slams Both Sides

    A California federal jury found largely in favor of the University of California Davis on Wednesday in a suit claiming two professors stole intellectual property from its strawberry breeding program in launching their rival company, but the presiding judge said “both sides are to blame,” because the university failed to plan the strawberry program’s future.

  • May 24, 2017

    Md. High Court Says Evidence OK In Radiologist’s Trial Win

    Maryland’s highest court ruled Wednesday that evidence of nonparties’ medical negligence, which helped a radiologist win a malpractice trial, was properly allowed, saying the importance of the radiologist receiving a fair trial outweighed the risk of having the jury’s decision improperly influenced by the evidence.

  • May 24, 2017

    Thompson & Knight Adds Trial Partner From Jones Day

    Thompson & Knight LLP added a trial partner with a focus on high-stakes litigation, particularly in the health care and oil and gas industries, to its Austin, Texas, office from Jones Day, the firm announced Wednesday.

  • May 24, 2017

    Doc Looks To Stop Forfeiture During $11M Fraud Appeal

    A Florida ophthalmologist, who was sentenced to more than 10 years in prison for defrauding Medicare and private insurers of $11 million, asked a Florida federal court Tuesday to pause forfeiture proceedings while he appeals the decision.

  • May 24, 2017

    Hot Yoga Guru's Defiance Earns Arrest Warrant, $8M Bail

    A California judge issued an arrest warrant Wednesday for Bikram Choudhury with a bail of $8 million for defying court orders to turn over assets to satisfy a $6.7 million judgment the yogi's ex-attorney won against him in a sex harassment case, according to the ex-attorney’s legal team.

  • May 24, 2017

    Mass. Jury Clears MTD In Lawnmower Mishap

    A Massachusetts federal jury rejected a negligence case against lawnmower manufacturer MTD Products Inc. on Wednesday, finding that the plaintiff, who lost several fingers in a mishap with the machine, did not prove that defects in his mower caused his injuries.

  • May 24, 2017

    Jury Readies To Mull 4th Philly Pelvic Mesh Case

    A Philadelphia jury will begin deliberating Thursday whether a Johnson & Johnson unit is liable for a Pennsylvania woman's pain and inability to have sexual intercourse, after three consecutive eight-figure jury verdicts against the company in lawsuits over allegedly defective pelvic mesh.

  • May 24, 2017

    Mylan, IRS Ink Deal To Avoid Trial On Nebivolol Transaction

    Mylan Inc. and the IRS have struck a last-minute deal to avert a $100 million tax trial relating to the drugmaker's transaction with Forest Laboratories Holdings Ltd. over the antihypertensive compound nebivolol, agreeing on a set of calculations for how to treat the transaction for tax purposes.

  • May 24, 2017

    Depakote Ingredient Causes Spina Bifida, Expert Tells Jury

    The former head of the Centers for Disease Control and Prevention’s birth defect division told an Illinois federal jury Wednesday that the active ingredient in Abbott Laboratories’ anti-epilepsy drug Depakote dramatically increases the risk of spina bifida in fetuses.

  • May 24, 2017

    Plaintiffs Bar Perspective: Ratzan Law Group's Stuart Ratzan

    Some people think it's a good thing that jury trials are less common today, but I think it's another example of a society where the common man is removed from the democratic process, says Stuart Ratzan, shareholder with Ratzan Law Group.

  • May 23, 2017

    Patients Slam Bayer, Janssen's Bid To Cut Xarelto Claims

    Patients in multidistrict litigation claiming Janssen and Bayer’s blood thinner Xarelto caused irreversible bleeding told a Louisiana federal court Tuesday the companies should not be able to escape any claims that rely on allegations the patients previously dropped.

  • May 23, 2017

    UC Davis Says Profs Stole Strawberry IP As Trial Wraps

    The University of California Davis delivered closing arguments Tuesday in a patent suit against two professors, saying they stole the fruits of the school’s strawberry breeding program in launching a rival commercial venture, while the professors countered that the school breached its obligations by preventing the use of new berry varieties.

  • May 23, 2017

    SpaceX Firing Trial Opens With Claim Musk Co. Cut Corners

    SpaceX fired an avionics technician for raising concerns that the ambitious startup was cutting corners and pushing workers to falsify rocket-part safety tests, the man’s attorney told a California jury during opening statements in a retaliation trial on Tuesday, while SpaceX countered that his conduct frightened coworkers.

  • May 23, 2017

    McDonald's Calif. OT Policies Grilled At Damages Trial

    McDonald’s intentionally processed overnight shifts at its company-run stores so as to stiff thousands of workers on overtime, counsel for several former employees told a California judge during opening statements Tuesday in a damages trial following the judge’s ruling that McDonald’s violated state labor law.

  • May 23, 2017

    Abbott's Depakote 'Most Toxic' Drug For Fetuses, Jury Told

    A boy born with severe health problems after his mother took a medication made by Abbott Laboratories was exposed to “one of the most toxic drugs to a human baby” sold on the U.S. pharmaceutical market, attorneys for the family told an Illinois federal jury Tuesday.

  • May 23, 2017

    Nissan Hit With $256M Verdict Over Failure Of Dealerships

    Nissan Motor Acceptance Corp. must pay $256 million to a car dealer group after driving it into ruin during the Great Recession, a California jury determined Monday.

  • May 23, 2017

    Ophthalmology Clinic’s Jury Win Affirmed In Lost Eye Suit

    A Missouri appellate panel on Tuesday affirmed a jury verdict clearing an ophthalmology clinic of offering substandard care that purportedly caused a patient to eventually lose her right eye, rejecting the patient’s allegations of witness tampering and misrepresentation of evidence.

  • May 23, 2017

    NJ Justices To Mull Attys' Fee Bid After $1M Med Mal Deal

    The New Jersey Supreme Court has agreed to review an appellate panel decision rejecting a widow's bid for attorneys' fees in a medical malpractice lawsuit on the grounds that she did not preserve her right to seek counsel fees when the parties agreed to a maximum judgment of $1 million regardless of a jury's award.

  • May 23, 2017

    11th Circ. Buttresses Smokers' Claims Against Tobacco Cos.

    With the Eleventh Circuit's en banc ruling Thursday in a smoker's suit against R.J. Reynolds and Philip Morris, Engle progeny plaintiffs dodged a federal-state court split that might have given the U.S. Supreme Court incentive to weigh in on whether plaintiffs could use the landmark tobacco class action's jury findings to buttress their strict liability and negligence claims.

  • May 23, 2017

    Lilly's $20M Cialis Patent Verdict Stayed During Appeal

    A Texas federal judge on Tuesday stayed a $20 million judgment against Eli Lilly & Co. while the drugmaker appeals to the Federal Circuit the jury’s finding that Lilly infringed a German pharmaceutical company’s patent when marketing a new use of the erectile dysfunction drug Cialis.

Expert Analysis

  • The Supreme Court Puts Personal Jurisdiction On Trial

    Leslie Brueckner

    Personal jurisdiction is a popular corporate defense strategy against mass torts. And based on oral arguments before the U.S. Supreme Court last month in two important cases, the outlook seems bleak for plaintiffs looking for the right forum in which to seek a remedy, say Leslie Brueckner of Public Justice and Andre Mura of Gibbs Law Group.

  • A Win For Sovereign Immunity

    Owen Pell

    The U.S. Supreme Court's recent ruling in Venezuela v. Helmerich & Payne should make it easier for foreign states and their agencies and instrumentalities to avoid unfounded suits under the Foreign Sovereign Immunities Act. And plaintiffs can no longer avoid dismissal of their claims by asserting that a factual finding on jurisdiction would also decide a merits issue, say attorneys with White & Case LLP.

  • How Client Feedback Programs Benefit Law Firms And Clients

    Elizabeth Duffy

    Despite an increase in engagement with client feedback programs over the last 15 years, law firms — and their clients — have a way to go before realizing the maximum benefits such programs can deliver, says Elizabeth Duffy of Acritas US Inc.

  • Rincon Will Shift Commercial Litigation Away From Calif.

    Jerrold Bregman

    Following a recent California appellate court decision in Rincon EV v. CP III Rincon, it's likely that sophisticated parties will be discouraged from participating in the California court system in favor of jurisdictions that will enforce contractual provisions such as jury trial waivers, say Jerrold Bregman and Racey Cohn of Brutzkus Gubner Rozansky Seror Weber LLP.

  • Weekly Column

    Talking 'Bull': Episode 22, Dirty Little Secrets

    Roy Futterman

    In the penultimate episode of the CBS show "Bull," the team wrestles with a real issue in jury consulting and the legal professions in general: Should we work with an unsavory client? This is an interesting question that plays out in jury consulting firms on a regular basis, says jury consultant and psychologist Roy Futterman of Doar Inc.

  • Top Lessons Learned From Medical Malpractice Trials

    Bryan Thompson

    Considering the stakes of any medical malpractice litigation, attorneys who represent doctors, hospitals, medical facilities and other health care providers should take a number of key lessons to heart, say attorneys with Lewis Brisbois Bisgaard & Smith LLP.

  • Solving The Legal Industry's Data Protection Breakdown

    Jeff Ton

    Most law firms today aren't using common security and data protection measures that other industries employ to protect sensitive data. Options like continuous data replication and backups have various pros and cons, but most importantly, law practices must understand the need for a two-tiered approach to data protection, says Jeff Ton of Bluelock LLC.

  • Discovery Sanctions Get Sanctioned

    Alan Hoffman

    Last month the U.S. Supreme Court reversed a sanctions order issued in Goodyear v. Haeger for bad faith discovery misconduct. And the Eighth Circuit recently reversed a district court sanctions order issued for “obstructive deposition practices.” While these sanctions were judged excessive, litigators must remember that aggressive discovery tactics are always a bad idea, says Alan Hoffman of Husch Blackwell LLP.

  • 5 Things To Know About Justice Gorsuch’s First 30 Days

    Charles Webber

    Justice Neil Gorsuch joined the U.S. Supreme Court a little more than 30 days ago, on April 7, 2017. And while it is too early for him to have written any opinions, Gorsuch participated in the final 13 oral arguments of the 2016 term. Charles Webber of Faegre Baker Daniels LLP offers five takeaways from his first month on the job.

  • Series

    My Strangest Day In Court: When There Were No Witnesses

    Stéphane Bonifassi

    My client — a corporate counsel for a multinational U.S. company — appeared to be an ideal witness, and I was convinced that what he was going to say would tilt the case in his favor. I wanted him on that witness stand. But on the fateful day, the three-judge panel had other ideas, recalls Stéphane Bonifassi of Bonifassi Avocats.