Trials

  • 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.

  • May 15, 2018

    Class Attys Want $25M From $72.5M Medicis, Impax Deals

    Lawyers for a class of direct drug purchasers asked a Massachusetts federal judge to approve nearly $25 million in attorneys' fees for securing $72.5 million worth of deals with Medicis Pharmaceutical Corp. and Impax Laboratories Inc. over the allegedly delayed launch of a generic acne medicine.

Expert Analysis

  • 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.

  • Don’t Sleep On The Dormant Commerce Clause

    Stephen McConnell

    The Fourth Circuit recently held that a Maryland statute, which prohibited drugmakers and distributors from charging an "unconscionable" price even on sales that occurred outside the state, was a violation of the dormant commerce clause. We cannot read this case without daydreaming about how its logic might apply to other cases, says Stephen McConnell of Reed Smith LLP.

  • The Fastest Federal Civil Court For A Decade

    Bob Tata

    Out of 94 district courts nationwide, the Eastern District of Virginia has the fastest civil trial docket in the country, now for at least the 10th straight year. The modern EDVA bench clearly takes pride in efficiently dispensing justice, and this dedication to efficiency has continued even in the face of increased filings, says Bob Tata of Hunton Andrews Kurth LLP.

  • Defending Lawyer Depositions: Lessons From Waymo V. Uber

    Arturo González

    There are general rules for preparing witnesses for deposition. But what if the witness is a lawyer for a party in the case? In the Waymo v. Uber litigation, we — Uber’s counsel — had to make many tactical decisions when preparing four lawyers for deposition and trial, say Arturo González and Michelle Yang of Morrison & Foerster LLP.

  • Cosby’s Conviction And How #MeToo Is Affecting Legal Cases

    Ross Kramer

    Bill Cosby’s sexual assault conviction on Thursday demonstrates how the #MeToo movement is having a profound impact on the legal landscape. The stark contrast between Cosby's first trial in June 2017 and his retrial in April 2018 is a perfect case in point, say Ross Kramer and Suzanne Jaffe Bloom of Winston & Strawn LLP.

  • Pleading A Personal Jurisdiction Defense Late In The Game

    James Beck

    Personal jurisdiction defenses are waivable and should be pleaded at the outset of litigation. Still, suppose a defendant, not recognizing the impacts of the Bauman and Bristol-Myers Squibb rulings, did not previously plead a personal jurisdiction defense, but now wants to do so. It’s not a good situation to be in, but it’s not hopeless, says James Beck of Reed Smith LLP.

  • Corporate Designee Practice Under NY V. Federal Rules

    Steve Kramer

    Your corporate client has been sued and it is a matter of time before a deposition notice is served. How to respond to the notice and plan for the deposition can depend upon whether the case is in federal or New York state court, with designation of subject matters being one of the greatest differences among the rules, says Steve Kramer of Eckert Seamans Cherin & Mellott LLC.

  • Another Take On 'Take-Home' Asbestos Exposure In Calif.

    Theresa Mullineaux

    A California appellate court recently upheld a trial court’s summary judgment in a secondary exposure asbestos case where the plaintiffs could offer no admissible evidence that the decedent’s father worked around asbestos-containing materials. While this opinion is unpublished and uncitable under California rules, its legal theory can apply to other cases, says Theresa Mullineaux of Husch Blackwell LLP.

  • Insurance Considerations For Mass-Shooting Litigation

    Monica Sullivan

    Mass-shooting litigation raises a number of unique concerns for civil defendants, and it has become increasingly critical for all interested stakeholders to understand the scope of potential coverage afforded by commercial general liability policies, as well as specialized insurance products, say Monica Sullivan and Matthew Novaria of Nicolaides Fink Thorpe Michaelides Sullivan LLP.

  • Rule 23 Changes: Avoid Delays In Class Settlement Approval

    Shandarese Garr

    Among the proposed amendments to Rule 23 of the Federal Rules of Civil Procedure, which are scheduled to take effect Dec. 1, are specific requirements related to “front-loading.” They outline the process for seeking preliminary court approval of class action settlements and related notice plans, say Shandarese Garr and Niki Mendoza of Garden City Group LLC.