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Trials

  • May 19, 2016

    GM Drivers Say 11th Circ. Ruling Backs Their Ignition MDL

    Drivers who say their GM vehicles have lost value because of the highly publicized ignition switch defect argued Wednesday that a recent Eleventh Circuit ruling in another GM case negates the automaker's bid for dismissal of their multidistrict litigation.

  • May 19, 2016

    Actavis, Others Can't Yet Market Generic Nucynta, Judge Says

    Actavis and two other drugmakers can't launch a generic version of Depomed Inc.'s painkiller Nucynta until the New Jersey federal judge who oversaw a patent infringement trial between the companies makes a final ruling, an order meant to maintain the status quo after the statutory 30-month stay on generic approval ends Friday.

  • May 19, 2016

    Trial Pros: Wilson Elser's Stuart Miller

    The second and only other time my mother has accompanied me to court, the jury forewoman shared that the jurors loved my mother, thought she was a sharp dresser and they looked forward to seeing her wardrobe selection each day, says Stuart Miller, co-chairman of Wilson Elser Moskowitz Edelman & Dicker LLP's national transportation practice.

  • May 19, 2016

    Post-Verdict Class Decertification Draws 2nd Circ. Concern

    The Second Circuit grappled Thursday with a trial judge's unprecedented move to decertify a class of homeowners awarded $55 million by a jury for extra-contractual fees charged by Wells Fargo & Co., wondering if the move violated the Seventh Amendment, which safeguards a jury's factual findings.

  • May 19, 2016

    Trial Pros: Thompson & Knight's Hunter Barrow

    The night before a witness was scheduled to testify, I talked with him on the phone and confirmed he read his affidavit and was ready to testify accordingly. In the hall outside the courtroom, I once again asked him if he was ready to testify in accordance with his affidavit. When I put him on the stand, to my surprise, he contradicted his previous position completely, says Hunter Barrow at Thompson & Knight LLP.

  • May 19, 2016

    Right To Speedy Trial Doesn't Cover Sentencing, Justices Say

    The U.S. Supreme Court on Thursday said the Sixth Amendment right to a speedy trial does not apply to a criminal prosecution through the sentencing phase and is cut off when a defendant pleads or is found to be guilty.

  • May 18, 2016

    Judge Posner Slams Courts' Use Of 'Stale, Opaque' Jargon

    The opinionated Seventh Circuit Judge Richard Posner on Tuesday weighed in against the use of legal jargon and convoluted rhetoric, even by the U.S. Supreme Court, using a concurring opinion affirming a Wisconsin man's jury conviction for selling prescription drug ingredients on the internet to slam “stale, opaque” legal writing.

  • May 18, 2016

    Egyptian Bros. Seek Atty Sanctions For Refiled 'Ambush' Depo

    Two Egyptian businessmen trying to avoid being pulled into arbitration over $100 million in defaulted bonds issued by their companies urged a New York federal judge on Tuesday to sanction the bondholders' lawyers at Mintz Levin Cohn Ferris Glovsky & Popeo PC and elsewhere for refiling a thrice-rejected “ambush deposition.”

  • May 18, 2016

    LIRR Hit With $2M Verdict In Injured Worker Suit

    A New York federal jury awarded $2 million to an electrician for the Long Island Railroad Co., finding the commuter train company was mostly responsible for an accident that took off part of a finger, according to a verdict form filed Wednesday.

  • May 18, 2016

    Philip Morris Appeals Smoker's $3.75M Verdict To 11th Circ.

    Philip Morris USA Inc. on Tuesday told a Florida federal judge that it’s asking the Eleventh Circuit to weigh in on a jury’s award of $3.75 million in an Engle progeny case, as well as the judge’s recent decision preserving two of the smoker’s claims.

  • May 18, 2016

    Nexium Buyers Defend New Trial Bid In Pay-For-Delay Suit

    Walgreen, CVS and other Nexium buyers pushed the First Circuit again Wednesday to reverse a district court's ruling dismissing their claims that AstraZeneca's Hatch Waxman Act settlement with Ranbaxy harmed competition and to grant a new trial, saying the lower court’s errors were “far from harmless.”

  • May 18, 2016

    Man Blames Atty's Failures For Conviction In $127M Fraud

    A man serving more than 13 years in a federal prison for his role in a $127 million international investment fraud and money laundering scheme has asked a Florida federal court to vacate his sentence based on his claims that his trial attorney provided ineffective assistance.

  • May 18, 2016

    LG Says Core Patent Case Must Be Narrowed Before Trial

    With a patent trial fast approaching, LG Electronics Inc. asked an Eastern District Of Texas judge on Tuesday to order Core Wireless Licensing S.a.r.l. to narrow its case, arguing the firm has unreasonably refused to withdraw patents until the last minute.

  • May 18, 2016

    Fattah Pushed Phony Contract To Pay $1M Loan, Pa. Jury Told

    A star witness for prosecutors in the corruption case facing Rep. Chaka Fattah, D-Pa., told a federal jury Wednesday afternoon that the congressman used what amounted to a sham contract to repay part of an illegal $1 million loan made in support of his ill-fated 2007 Philadelphia mayoral campaign.

  • May 18, 2016

    Pittsburgh Glass Works Can't Get Age Bias Verdict Kicked

    A Pennsylvania federal judge on Wednesday refused to grant Pittsburgh Glass Works LLC a new trial after a jury found the company liable in an age bias suit, noting that even though the plaintiff’s attorneys “pushed boundaries,” the actions did not prejudice the jury.

  • May 18, 2016

    Urban Outfitters Can't Limit Navajo Damage Claims

    A New Mexico federal judge on Wednesday rejected a bid by Urban Outfitters to limit the items on which the Navajo Nation can seek damages under a particular federal law in the tribe's trademark suit, saying that doing so would unfairly reward the company for not disclosing all of its suppliers.

  • May 18, 2016

    Quinn Emanuel Hires Ex-DOJ Assistant Chief

    A former assistant chief for the U.S. Department of Justice’s antitrust division with experience in financial exchanges, entertainment, real estate, sports and other practice areas has joined Quinn Emanuel Urquhart & Sullivan LLP in its Washington, D.C., office, the firm announced Wednesday.

  • May 18, 2016

    Led Zeppelin’s Attendance Demanded In ‘Stairway’ IP Trial

    Led Zeppelin members subpoenaed to appear in an upcoming trial alleging the British rockers ripped off another band’s work for “Stairway to Heaven” must be present at trial’s start so they can be cross-examined, the plaintiff’s lawyer told a California federal judge Tuesday.

  • May 18, 2016

    No New Trial For Abbott Whistleblower In $219M Stent Row

    The whistleblower who in April lost a $219 million suit against Abbott Laboratories over allegedly improperly marketed bile duct stents won’t get a new trial, a Texas federal judge ruled on Wednesday, finding that nothing in the proceeding led to an unfair trial.

  • May 18, 2016

    Sheldon Silver's Sentence On Hold For McDonnell Ruling

    Former New York State Assembly Speaker Sheldon Silver can stay out of prison over the summer while the U.S. Supreme Court mulls a ruling that could change the anti-corruption laws behind his conviction, a New York federal judge said on Wednesday.