• March 21, 2017

    AIG Unit Must Cover $3.75M Ad Injury Claims, 9th Circ. Says

    The Ninth Circuit on Tuesday refused to toss a jury's verdict that an AIG unit must pay $3.75 million to a laryngeal mask company to cover its settlement with a competitor over misleading advertisements allegedly characterizing the competitor's products as unsafe.

  • March 21, 2017

    9th Circ. Upholds Ford Win In Fatal Rollover Suit

    The Ninth Circuit upheld Monday a jury verdict that found Ford Motor Co. wasn’t liable for the death of a man in a 2002 Ford Explorer Sport Trac rollover accident, ruling that consumers' expectations can’t be used to prove that the pickup truck was defectively designed.

  • March 21, 2017

    No New Trial For SanDisk Licensee In Audit Malpractice Row

    A California federal judge refused to grant PNY Technologies Inc. a new trial in its case alleging Miller Kaplan Arase & Co. LLP lied about its business relationship while auditing PNY’s patent licensing deal with SanDisk, ruling Monday PNY hadn’t shown evidence was cut in error from its original trial.

  • March 21, 2017

    JPMorgan Whistleblower Pushes For Snarky Judge's Removal

    A former executive at JPMorgan Chase & Co. who claims the bank fired her for flagging possible fraud pushed on Monday for the recusal of a New York federal judge who has said he "wouldn't wish this case on [his] worst enemy."

  • March 21, 2017

    Meras Says $12.5M Verdict May Be Mooted By USPTO Move

    Meras Engineering told a California federal judge on Monday that a jury’s $12.5 million verdict against it and a large-scale greenhouse tomato grower for infringing a rival water treatment company’s patent may be about to become moot since the patent itself may be tossed.

  • March 21, 2017

    Pa. Woman Awarded $400K For Eyelid Surgery Complications

    A Pennsylvania woman has been awarded more than $400,000 by a jury that found her eyes were disfigured by an eyelid surgery that should not have been performed had surgeons noticed an allegedly clear defect in the structure of her eyes.

  • March 20, 2017

    Boiron Buyers Say Jury’s False Ad Verdict OK’d Sugar Pills

    A class of Boiron homeopathic flu remedy buyers urged a California federal judge on Monday to toss a jury verdict clearing Boiron of false advertising claims, saying it went against the clear weight of evidence that the product was only sugar.

  • March 20, 2017

    Former SF Deputy Atty Gets $2M Whistleblower Firing Verdict

    A former trial attorney for San Francisco on Friday won a $2 million jury verdict in her case accusing City Attorney Dennis Herrera of firing her for making a whistleblower claim, which ultimately failed, about an alleged $10 million unnecessary sewer line repair scheme.

  • March 20, 2017

    Pa. Jurors Ready To Mull $116M Drug Refund Fraud Case

    A Pennsylvania federal jury will begin deliberating Tuesday whether a drug refund company defrauded customers, including the U.S. Department of Defense, out of $116 million they should have received for their unwanted medications, after a prosecutor hit back against claims that the company's conduct was sanctioned by its contracts.

  • March 20, 2017

    PwC Calls Jury Primer 'Finger On The Scale' In $2B Suit

    A New York federal judge told the parties in MF Global’s $2 billion professional malpractice suit against PricewaterhouseCoopers that he would develop a primer to explain the complex evidence issues to the jury despite the assertion by PwC’s attorney that it would put a “finger on the scale” in favor of the investment house.

  • March 20, 2017

    Fla. Prosecutors Drop Charges Against Allied Vets Atty

    Florida state prosecutors have declined to retry their case against a lawyer whose conviction for helping Allied Veterans of the World run a $300 million illegal gambling ring was overturned by an appeals court.

  • March 20, 2017

    Jury Says Student Was Harassed But Doesn't Award Damages

    A jury found in favor of a former University of Minnesota Ph.D. student Thursday on her claim of a hostile work environment stemming from sexual harassment by a U.S. Fish and Wildlife Service scientist who was her mentor, but it concluded that her damages don’t have a monetary value.

  • March 20, 2017

    Dewey Execs Say State's Secrecy Warrants Dismissal

    Former Dewey & LeBoeuf LLP executives Stephen DiCarmine and Joel Sanders asked a New York judge on Monday to dismiss all charges in the middle of their fraud retrial, saying prosecutors' failure to disclose details about witnesses' statements had crippled their defense.

  • March 20, 2017

    Arpaio Seeks Trial Delay, Citing Bar Mitzvah Of New Atty's Son

    Former Arizona lawman Joe Arpaio asked to put off a trial over whether he flouted a ban on profiling Latinos at traffic stops, saying on Friday the trial conflicts with a new lawyer’s son’s bar mitzvah ceremony, but the government shot back Monday that was a weak excuse to delay the proceedings.

  • March 20, 2017

    GSK Can’t Nix Expert Testimony In Atty Suicide Trial

    An Illinois federal judge refused Monday to strike a U.K. professor's testimony about antidepressant Paxil's alleged link to adult suicide, saying GlaxoSmithKline PLC will get the chance to rebut the professor’s assertions during the trial over a Reed Smith LLP partner’s death.

  • March 20, 2017

    Meningitis Murder Trial Judge Hones In On Intent To Defraud

    A federal jury deliberating right now in the racketeering murder trial over a deadly 2012 meningitis outbreak linked to a Massachusetts drug compounder will have to decide whether its head pharmacist had the intent to defraud or mislead — or else must acquit the defendant on some counts.

  • March 20, 2017

    Feds Fight RE Investor's Bid For New Insider Trading Trial

    The federal government on Monday urged a Massachusetts federal judge to deny a real estate investor's bid for a new trial on charges he passed on insider information in a pending tire company merger, saying purportedly new evidence would do little to change his conviction.

  • March 20, 2017

    Ballard Spahr Snags SEC Trial Counsel For White Collar Group

    Ballard Spahr LLP has further expanded its Philadelphia securities litigation group with a former senior regional trial attorney at the U.S. Securities and Exchange Commission, the firm announced Monday.

  • March 20, 2017

    Justices Won't Hear Wells Fargo Decertification Appeal

    The U.S. Supreme Court on Monday declined to review a Second Circuit decision that district judges have the power to decertify a class after a jury verdict but before judgment, cementing the decertification of a class of mortgagers awarded $55 million at trial over late fees charged by Wells Fargo & Co.

  • March 20, 2017

    Posh NYC Cafe Gets Trial Date For Waiter Pay Class Action

    Former River Café waiters who say the pricey eatery in Brooklyn's DUMBO neighborhood stiffed them out of millions of dollars in tips and other wages over eight years were given a trial date Monday in a long-running paycheck action targeting owner Michael "Buzzy" O'Keeffe.

Expert Analysis

  • The 'Marriage Before Injury' Rule And Wrongful Death

    Rebecca Kibbe

    In a 2-1 ruling, Florida's Fourth District Court of Appeal recently found that the common law "marriage before injury" rule means a widow may not collect loss of consortium damages after her husband's death, allegedly due to to premarital asbestos exposure. But the strong dissent and notable public policy concerns suggest the Florida Supreme Court will take up the issue, says Rebecca Kibbe of Manion Gaynor & Manning LLP.

  • Views From The Bench On Sentencing Representation: Part 8

    Alan Ellis

    What can you do if faced with the government argument that a lesser sentence for your client would depreciate the seriousness of the offense and promote disrespect for the law? In my recent interviews with federal judges in Nevada, Massachusetts and New Jersey, they all agreed: Demonstrate that your client is essentially a good person and rehabilitatable, says criminal defense attorney Alan Ellis.

  • How The Most Profitable Law Firms Structure Their C-Suites

    Anita Turner

    The most successful Am Law 200 law firms have evolved from being partner-run to being run by a group of highly skilled professionals reporting to firm shareholders. The data collected from our recent survey indicates this model is generally conducive to increased profitability, says Anita Turner, senior director at Colliers International.

  • Will Pena-Rodriguez V. Colorado Apply To Civil Cases?

    M. Christian King

    The U.S. Supreme Court ruled last week in Pena-Rodriguez v. Colorado that no-impeachment rules must yield to the Sixth Amendment's right to an impartial jury in a criminal investigation. Though Pena-Rodriguez has much to recommend to the civil side of the jury system, the analysis in the opinion may not be easily extended, say M. Christian King and Wesley Gilchrist of Lightfoot Franklin & White LLC.

  • Settlement Strategy: What Does The Client Really Want?

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    The best outside counsel think like the client. That includes understanding the client’s perspectives and goals with regard to reaching a settlement — because “good results” mean different things for different clients. Outside counsel must ask themselves the right questions, and know the answers, to shape a client-focused settlement strategy, say Kate Jackson of Cummins Inc. and Patrick Reilly of Faegre Baker Daniels LLP.

  • MF Global-PwC Fight Could Set Troublesome Precedent


    The glaring misperception created by the mere filing of MF Global’s case against PricewaterhouseCoopers is that the audit firm had or should have some responsibility for MF Global's collapse. In addition, certain hallmarks of a framework for a potential claim against accounting firms are absent here, says Jacob Frenkel of Dickinson Wright PLLC.

  • Gorsuch's Views On 'Legal Tourism' Could Shift High Court

    Jan Dodd

    The confirmation hearing for U.S. Supreme Court nominee Neil Gorsuch is scheduled for March 20. A month later, the high court will hear arguments in Bristol-Myers Squibb Company v. Superior Court of San Francisco County. Gorsuch’s Tenth Circuit record offers surprising insights into how he might rule on this and related matters, say Jan Dodd and Lesley Holmes of Norton Rose Fulbright US LLP.

  • In The Associate Lateral Market, All Law Firms Are Not Equal

    Darin R. Morgan

    When associates contemplate a potential lateral move, there is a common misconception that all law firms are the same. It may seem that one law firm is just like the next, but if you dig deeper, you may discover unique attributes at some firms that may be more appealing and improve your professional satisfaction significantly, says Darin Morgan of Major Lindsey & Africa.

  • Reflections From A Mock Trial

    Lora Brzezynski

    Nerves were high on the day of the trial. While technically client interests were not at stake, our reputations were still on the line. We were not only presenting our case in front of our newly acquainted colleagues, but also for partners at our firm, expert witnesses, federal judges and in-house counsel — potential employers and clients, say attorneys with Dentons, sharing their recent mock trial experience.

  • Circuit Splits: A Hidden Trap In 'Federal Question' MDLs


    A recent ruling in the Camp Lejeune North Carolina Water Contamination Litigation shows how multidistrict litigation venue selection can have major consequences when jurisdiction is based on a federal question. Lawyers must note that a transferee court will apply its own circuit’s law, even in defiance of local interpretation of local law in a transferor venue, say Eric Klein and Graham Zorn of Beveridge & Diamond PC.