Trials

  • May 17, 2018

    Jury Awards Mother $4M For Baby's Whooping Cough Death

    A Lancaster County jury has awarded $4 million to a mother who blamed her daughter’s doctors for failing to diagnose the baby’s whooping cough, leading to her death at 32 days old.

  • May 17, 2018

    Titan Of The Plaintiffs Bar: The Lanier Law Firm's Mark Lanier

    Winning a $247 million jury verdict in a bellwether trial against Johnson & Johnson over allegedly faulty hip implants was just one of the major victories Mark Lanier of The Lanier Law Firm tallied last year, earning him a spot on Law360's 2018 Titans of the Plaintiffs Bar.

  • May 16, 2018

    Quinn Atty's Query In $1B Apple Trial 'Improper,' Judge Says

    U.S. District Judge Lucy Koh threatened Wednesday to admonish Samsung's counsel from Quinn Emanuel Urquhart & Sullivan LLP in front of a jury deciding how much Samsung owes for infringing Apple smartphone patents, calling a line of questioning posed to an Apple witness “very improper" and "intentionally done.”

  • May 16, 2018

    SQM Owes $30M For Tainted Groundwater, Calif. City Says

    Chilean mining company SQM sold thousands of tons of perchlorate-bearing fertilizer to California farmers in the 1930s and '40s and its U.S. unit can’t now shirk responsibility for perchlorate contamination in California city Pomona’s groundwater, counsel for the city argued in asking a federal jury to award it $30 million during closing arguments Wednesday .

  • May 16, 2018

    Feds Show Valeant Jury Spending Records, Doctored Emails

    Prosecutors who charged a manager at drug giant Valeant Pharmaceuticals International Inc. and the CEO of a mail-order pharmacy with defrauding Valeant out of $9.7 million wrapped up their case on Wednesday by showing jurors evidence of email tampering and records of the defendants' outlays on a private jet and a luxury hotel.

  • May 16, 2018

    NYU Committee's Know-How Under Fire At ERISA Trial's End

    A federal judge on Wednesday grilled a DLA Piper partner during closing arguments in an Employee Retirement Income Security Act class action accusing New York University of mismanaging workers' retirement savings, repeatedly interrupting the attorney to question whether NYU's retirement committee members knew enough to oversee the school's two multibillion-dollar plans.

  • May 16, 2018

    Ill. Jury Finds For AbbVie In AndroGel Bellwether Trial

    An Illinois federal jury on Tuesday sided with AbbVie Inc. in the fifth bellwether trial in multidistrict litigation over its testosterone replacement therapy drug AndroGel, finding that the drug didn't cause an Arizona man to develop blood clots in his lungs.

  • May 16, 2018

    Oakland Lacked Evidence For Coal Shipping Ban, Judge Says

    A California federal judge said Tuesday that Oakland could not ban a cargo shipping terminal developer's proposed coal operations based on claims they would pose a substantial health or safety risk, finding the city violated its contract with the firm by passing regulations without enough evidence of danger.

  • May 16, 2018

    Calif. Court OKs $6.2M Award For Woman’s Childbirth Death

    A California appeals court has affirmed a $6.2 million judgment against a doctor in a suit accusing the doctor and a hospital of causing a woman’s death after she gave birth via cesarean section, saying a jury verdict in favor of the patient’s estate is supported by substantial evidence.

  • May 16, 2018

    5th Circ. Axes OT Verdict For Oil Service Employees

    The Fifth Circuit on Wednesday upended a jury’s determination that oil well services provider Crest Pumping Technologies LLC illegally denied two workers overtime, ruling that the company was exempt from overtime requirements under the Fair Labor Standards Act.

  • May 16, 2018

    Ex-Blackwater Guard Seeks Evidence Nix In Murder Retrial

    A former Blackwater guard slated to be retried for murder over a 2007 Iraq shooting incident asked a D.C. federal court to exclude evidence put before the prior jury, while the government argued the court previously decided many of the admissibility issues.

  • May 16, 2018

    Titan Of The Plaintiffs Bar: Susman Godfrey's Bill Carmody

    Bill Carmody of Susman Godfrey LLP helped investors in the sprawling multidistrict litigation over alleged manipulation of Libor land a $130 million settlement with Citigroup last year, and also scored a judgment worth more than $100 million for General Electric after a jury verdict in a contract dispute, landing him among Law360’s 2018 Titans of the Plaintiffs Bar.

  • May 16, 2018

    Turkish Banker Gets Short Prison Term For Sanctions Busting

    Manhattan U.S. District Judge Richard M. Berman on Wednesday sentenced a Turkish banker to 32 months in prison for helping Iran undermine U.S. sanctions, rejecting prosecutors' assertion that the Halkbank executive was a key player who deserved at least 15 years.

  • May 15, 2018

    DOJ 'Sandbagging' With New Theory In Libor Trial, Judge Says

    A Manhattan federal judge said Tuesday that she may push the trial of two former Deutsche Bank traders accused of rigging the Libor to September, saying she felt “sandbagged” by U.S. Department of Justice prosecutors’ new theories a month before trial.

  • May 15, 2018

    Defense Buffeted By Tough Rulings In Valeant Kickback Trial

    Two men who are charged with defrauding Valeant Pharmaceuticals International Inc. out of $9.7 million when it bought an option to acquire Philidor Rx Services LLC were dealt a bad hand by a Manhattan federal judge on Tuesday, with the court rejecting their efforts to have one of Valeant’s lawyers testify and to prevent an FBI agent from undercutting their arguments.

  • May 15, 2018

    Samsung Owes Apple Over $1B For Ripping Off IP, Jury Told

    Apple told an eight-member jury during opening statements in a high-profile California federal damages trial Tuesday that Samsung owes it more than $1 billion for infringing three of Apple's design patents covering iPhones, while Samsung pegged the number at just $28 million.

  • May 15, 2018

    Ex-Katten Atty Says Gov't Inflating Retrophin Losses

    New York federal prosecutors and attorneys for former Katten Muchin Rosenman LLP attorney Evan Greebel have argued starkly different takes on losses suffered by Martin Shkreli-founded Retrophin Inc., with Greebel deeming the government’s $14.4 million figure vastly overinflated.

  • May 15, 2018

    Blue Cross Denied Appeal In Suit Over $40M Hospital Deal

    A Rhode Island federal judge on Tuesday refused to let Blue Cross & Blue Shield of Rhode Island immediately appeal a ruling forcing it to face Steward Health Care System’s antitrust suit alleging that the insurer sank a $40 million hospital purchase to keep Steward out of the state.

  • May 15, 2018

    11th Circ. Won't Rethink Ruling In Contractor Fall Fight

    An Eleventh Circuit panel refused Tuesday to reconsider its ruling that a roofing company sales representative who allegedly did not properly inspect a roof before a contractor fell through it and became paralyzed was an employee and is therefore covered by a Houston Specialty Insurance policy.

  • May 15, 2018

    Texas Store Buc-ee's Says Competitor Logo Is Too Similar

    Counsel for the popular Texas-based convenience store Buc-ee's told a panel of jurors in federal court in Houston on Tuesday that it was forced to file suit against a rival store because the rival’s logo — a cartoon alligator wearing a cowboy hat — is too similar to Buc-ee's logo of a cartoon beaver wearing a baseball cap.

Expert Analysis

  • Views From The Bench On Sentencing Representation: Part 11

    Alan Ellis

    In my interviews with judges for this series on sentencing, some of the more interesting insights have come from those who were formerly criminal defense lawyers, says attorney Alan Ellis.

  • Series

    Judging A Book: Berzon Reviews 'We The Corporations'

    Judge Marsha Berzon

    My advice to prospective clerks will now include the suggestion that they read Adam Winkler's new book, "We the Corporations: How American Businesses Won Their Civil Rights," for the same reason I recommend taking a corporations course — appreciating the critical role of business corporations in American life and law, says Ninth Circuit Judge Marsha Berzon.

  • What ABA’s Position On Harassment Means For Employers

    Minjae Song

    In the #MeToo era, the American Bar Association’s recently passed Resolution 302 is a reminder of harassment policy best practices to all employers, and it should be of particular interest to employers in the legal industry, say attorneys with Hunton Andrews Kurth LLP.

  • Why NJ Supreme Court OK'd Allotting Fault To Phantom Foes

    Patrick Perrone

    In its April ruling in Krzykalski v. Tindall, the New Jersey Supreme Court acknowledged that apportionment of fault is based on principles of fairness, rather than being dependent on the plaintiff’s ability to recover. Plaintiffs and defendants alike must assess whether fault may be attributable to known but unidentified entities and plan accordingly, say attorneys with K&L Gates LLP.

  • Takeaways From 2nd Circ. Reversal Of Litvak Conviction

    Harry Sandick

    One wonders if the Second Circuit’s reversal of Jesse Litvak’s securities fraud conviction in the District of Connecticut, together with prosecutors’ recent loss at trial in United States v. Demos, will impact the government’s decision to prosecute further the other bond traders who are currently facing charges in the same courthouse, say Harry Sandick and Michael Schwartz of Patterson Belknap Webb & Tyler LLP.

  • Practical Considerations For Litigating Proportionality

    Elizabeth McGinn

    By incorporating an explicit requirement that discovery must be “proportional to the needs of the case,” the 2015 amendments to the Federal Rules of Civil Procedure garnered much speculation as to their impact on courts’ decision-making processes. Now that the rules have been implemented for over two years, several themes have emerged, say attorneys with Buckley Sandler LLP.

  • Don’t Let Inter Partes Reviews Ruin Your Trial

    Jeremy Taylor

    Current statistics reveal that inter partes review petitions are now more likely to fail than succeed, and the failure rate is continuing to climb. Accused infringers must approach IPR proceedings with an eye toward a jury trial that is more and more likely to occur, say Jeremy Taylor and Wayne Stacy of Baker Botts LLP.

  • Supporting Nontraditional Data Types In E-Discovery

    Jason Paroff

    The advancement in connected technologies and software has created an explosion of nontraditional data sources that present challenges to e-discovery practitioners. Many tools and techniques used to process traditional data may not be practical for these new data types, say Jason Paroff and Sagi Sam of Epiq.

  • A Key Rhode Island Ruling On Take-Home Asbestos Exposure

    Thaddeus Lenkiewicz

    Last month a Rhode Island court addressed for the first time whether an entity has a duty of care to protect nonemployees from exposure to the asbestos-tainted work clothes of the entity’s employee. The decision reveals a willingness of the court to extend an employer’s duty to household members of employees, says Thaddeus Lenkiewicz of Manning Gross & Massenburg LLP.

  • Mitigating Juror Distrust Of Business

    Johanna Carrane

    Our research shows that 55 percent of jurors agree that executives will lie to help their companies. Similarly, half of jurors believe that companies will lie to win a lawsuit. While polling data does not bring a lot of comfort, there are well-established strategies for mitigating juror bias against companies, large or small, say Johanna Carrane and Lynn Fahey of JuryScope Inc.