Trials

  • February 16, 2017

    Nursing Home Operators Face Over $115M For Medicare Fraud

    A Florida federal jury on Wednesday found the operators of 53 skilled nursing facilities liable for more than $115 million in damages stemming from false claims they submitted to Medicare and Medicaid after pretending patients needed and received more care than they did.

  • February 16, 2017

    Boston Ex-Guitarist Can't Get Fees In Founder's TM Suit

    A former guitarist for the band Boston is not entitled to attorneys’ fees after a jury found he did not violate trademark claims brought by the group’s founder over the way he was billed as an “original member” in a subsequent band, a Massachusetts federal judge said Thursday.

  • February 16, 2017

    NJ Doc Off Hook For Legal Fees After $1M Malpractice Deal

    The New Jersey Appellate Division on Thursday rejected a widow's bid for attorneys' fees in a medical malpractice action over her husband's care, saying she did not preserve her claim to recover the legal expenses when the parties agreed to a maximum judgment of $1 million regardless of a jury's award.

  • February 16, 2017

    King Of Pop's Ex-Manager Says Brands Lined Up Before Death

    Michael Jackson’s former manager Tohme Tohme took the stand at the IRS’ behest Thursday in the Los Angeles trial over the value of the late entertainer’s estate at the time of his death, testifying that Nike, Sony and others had licensing deals in the works when Jackson died.

  • February 16, 2017

    Dewey Ex-Finance Head Says Accounting Fix Was Wrong

    The former international finance director at Dewey & LeBoeuf LLP testified in Manhattan criminal court on Thursday that one of two ex-Dewey executives facing a fraud retrial asked her to make accounting entries she thought were improper.

  • February 16, 2017

    Judge Suggests UN Bribe Indictment Gets By McDonnell

    Chinese billionaire Ng Lap Seng told U.S. District Judge Vernon S. Broderick on Thursday that the McDonnell precedent requires prosecutors to detail what official acts were taken in exchange for Ng's payments, but the judge intimated that he was unlikely to dismiss the high-profile bribery case on those grounds.

  • February 16, 2017

    Jury To Mull If Sprint Infringed Comcast Patent In $153M Row

    A Pennsylvania federal jury is poised to begin deliberating whether Sprint has been infringing a patent held by cable giant Comcast over text messaging operations, after closing arguments wrapped up in the $153 million case on Thursday.

  • February 16, 2017

    Billionaire Slams Stanford Receiver’s $88M Clawback Bid

    A Colorado billionaire who won a jury trial in an $88 million clawback suit aimed at recovering money invested in R. Allen Stanford’s $7 billion Ponzi scheme told a Texas federal judge on Wednesday the receiver for the fraud continues to use arguments rejected previously to force a judgment against him.

  • February 16, 2017

    Atty's Widow Can't Prove GSK Meant To Harm, Judge Says

    The Illinois federal judge overseeing a wrongful death lawsuit brought by the widow of a Reed Smith LLP partner said Thursday her complaint couldn't move forward on its claim that GlaxoSmithKline PLC had intended to harm its customers by failing to warn them about Paxil's ties to suicide.

  • February 16, 2017

    NY Judge Gives Nod To Ex-AIG Head’s $10M Deal

    A New York state judge on Thursday indicated he approved the nearly $10 million deal the state attorney general reached with former American International Group Inc. CEO Maurice “Hank” Greenberg and the insurer’s former chief financial officer, and will dismiss the long-running fraud case once the pair pay up.

  • February 16, 2017

    Fla. Supreme Court Declines To Adopt Daubert Standard

    The Florida Supreme Court declined Thursday to adopt a measure to bring state court standards for the admissibility of expert witnesses in line with federal courts, over concerns that doing so would undermine the right to a jury trial and inhibit access to the courts.

  • February 16, 2017

    Bugs And Hair Plagued Meningitis-Linked Pharmacy, Jury Told

    The Massachusetts compounding pharmacy linked to a deadly outbreak of meningitis was plagued with bugs, human hair and the chief pharmacist’s indifference to the problems, the company’s former quality control officer told a jury on Thursday during her former boss's murder trial.

  • February 16, 2017

    Hospital Slams Bids To Ax $10M Pepcid Patent Verdict

    A Boston hospital argued Wednesday that attempts by over-the-counter drug maker Perrigo Co. to overturn a $10.2 million Pepcid patent infringement verdict ignored the evidence presented to the jury.

  • February 16, 2017

    NYC Lawyer Evaluation Scale Makes 2nd Circ. Judge 'Queasy'

    The Second Circuit looked conflicted Thursday on whether a former New York City appellate lawyer's federal disability discrimination and retaliation claims merit a trial, with one judge appearing uncomfortable with a five-point performance review metric used to show the attorney the door in 2013.

  • February 15, 2017

    Ericsson FRAND Trial Enters Day 2 With TCL Expert

    A California federal judge overseeing the second day of a bench trial on whether Ericsson Inc. offered Chinese mobile phone developer TCL nondiscriminatory license terms for wireless technology standard-essential patents took the reins Wednesday in questioning TCL’s economics expert, pressing the witness on how to compare terms granted to other companies.

  • February 15, 2017

    Miami-Dade Gets New Judge In Toll Contractor's $58M Suit

    A Florida appeals court on Wednesday granted a request from the Miami-Dade Expressway Authority for a new trial judge in a $58 million suit brought by the designer of the county's cashless toll system, after concluding that the quasi-agency's motion to disqualify was both timely and legally sufficient.

  • February 15, 2017

    Dr. Reddy's Generic Infringes Aloxi Patents, Judge Rules

    A New Jersey federal judge on Wednesday found that Dr. Reddy’s Laboratories Inc.’s planned generic version of Helsinn Healthcare SA’s anti-nausea drug Aloxi infringes three patents for the drug and rejected Dr. Reddy’s contention that two of those patents are invalid.

  • February 15, 2017

    Michael Jackson’s Image Was In ‘Nuclear Winter’: Expert

    Michael Jackson’s estate on Wednesday called a business appraisal expert to testify at the Los Angeles tax trial over the estate's value at Jackson’s death, with the expert testifying that child molestation allegations had plunged the singer's publicity rights into “nuclear winter,” reducing their value to just $3 million.

  • February 15, 2017

    J&J Tells Jury Talc Is Warning-Free, Like Alcohol, Red Meat

    Lawyers defending Johnson & Johnson against claims that its baby powder bottles should have warned of a link to ovarian cancer told an expert witness who took the stand on Wednesday that he's “never seen a cancer warning on red meat at the store.”

  • February 15, 2017

    Pastor, Tech Whiz Blame Coin.mx Boss As Bribery Trial Opens

    New Jersey pastor Trevon Gross and tech expert Yuri Lebedev told a Manhattan federal jury Wednesday that Anthony Murgio, the founder of Coin.mx who has pled guilty in the bribery and fraud case, is to blame for an illegal scheme to take over a credit union for bitcoin payment processing.

Expert Analysis

  • 2017 Check-Up: Is Your Law Firm Positioned For Success?

    William G. Johnston

    Over the next few weeks, a slow trickle of news about one measure of law firm success — law firm financial results — will gradually become a flood as more firms open up about their performance in 2016. Law firm leaders would be wise to focus on nine factors that determine success, says law firm management consultant William Johnston.

  • The Missing Key To 3rd-Party Litigation Funding

    Tripp Haston

    Unlike other forms of commerce and unlike in other nations, litigation investment and funding in the U.S. is largely unregulated with few disclosure requirements. Where darkness exists, ignorance and mistrust breed. Disclosure and transparency in litigation investment and funding is the first and proper step to better understand this opaque dynamic in the U.S. civil justice system, says Tripp Haston of Bradley Arant Boult Cummings LLP.

  • Biomarker Exposure Tests Will Revolutionize Toxic Torts

    Giovanni Ciavarra

    Some product liability cases are tough to resolve because of uncertainty over durations or amounts of toxic exposure. But advances in molecular biology are leading to tests for biomarkers of exposure to asbestos, benzene, cigarette smoke and other substances. Such evidence may be important for both plaintiffs and defendants, say Giovanni Ciavarra of Innovative Science Solutions LLC and and Kirk Hartley of LSP Group LLC.

  • Ohio: A New Hot Spot For Pricing Litigation

    Stephanie Sheridan

    California may grab the spotlight, but Ohio should not be overlooked as a high-risk area for pricing litigation. Recent cases filed in the Buckeye State against Visionworks, Michaels, Jos. A. Bank, Hobby Lobby, My Pillow and other retailers showcase Ohio's emergence as a popular venue for challenges to a wide variety of pricing practices, say Stephanie Sheridan and Meegan Brooks of Sedgwick LLP.

  • The 5th Amendment's Essential Role In Offshore Audits

    Michael DeBlis III

    The Fifth Amendment is normally associated with criminal proceedings and the prohibition against self-incriminating testimony. However, its protections also apply in some other matters, such as contempt of Congress. More importantly for tax law purposes, there is a documentary production privilege, and there is a trio of cases that flesh out this concept, says Michael DeBlis III of DeBlis Law.

  • When Smartphones Get The Blame For Driver Distraction

    Freddy Fonseca

    In Modisette v. Apple, the Superior Court of Santa Clara County, California, must decide whether a smartphone manufacturer has a duty to protect the public by preventing the use of certain applications while driving. But the plaintiffs — who allege that Apple's iPhone was defective because the company failed to implement a patented "lock out" feature — face an uphill legal battle, says Freddy Fonseca of Manion Gaynor & Manning LLP.

  • Affirmed: Pharmacies Are Not Liable For Drug Labeling

    Jaclyn Setili

    Plaintiffs in the Lipitor multidistrict litigation in the Eastern District of Michigan alleged that the risks of taking Lipitor were not properly disclosed, by either the manufacturer or their pharmacists. But under the Federal Drug and Cosmetic Act, a pharmacy has no authority to unilaterally change a drug’s label, says Jaclyn Setili of Reed Smith LLP.

  • Texas Roadhouse Age Bias Trial Shows Relevance Of ADEA

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    Discrimination class actions seldom go to trial, let alone pattern-or-practice hiring cases like the recent case U.S. Equal Employment Opportunity Commission v. Texas Roadhouse. The lawsuit's testimony gives us a rare, close-up look at the possible areas of disconnect between formal corporate equal employment opportunity policies and the actual, on-the-ground realities, say Paul Mollica and Jahan Sagafi of Outten & Golden LLP.

  • Opinion

    The Myth Of The Forceful Mediator

    Jeff Kichaven

    When mediators rely on force to get cases settled, it doesn’t work. It’s time to suggest more productive ways for top-gun litigators and top-flight mediators to engage, says Jeff Kichaven of Jeff Kichaven Commercial Mediation.

  • Why The Supreme Court Must Revisit Personal Jurisdiction

    Grant Esposito

    In recent decisions, the U.S. Supreme Court has distinguished between general personal jurisdiction and specific personal jurisdiction. The standards are clear, but the results they produce apparently remain troubling to some state courts. The high court’s rulings in BNSF Railway Company v. Tyrrell and Bristol-Myers Squibb Company v. Superior Court of California may provide more guidance, say attorneys from Morrison & Foerster LLP.