Trials

  • October 11, 2017

    Jury Awards $10M In Undisclosed Cancer Suit

    A South Carolina jury has awarded $10 million to the estate of a woman who allegedly died after doctors detected kidney cancer on her scans but failed to treat the cancer or tell her that she had cancer for years.

  • October 11, 2017

    Waymo Wants Uber's Autonomous Car Source Code For Trial

    With a trade secrets trial less than two months away, Waymo on Monday asked a California federal judge to make Uber Technologies Inc. hand over its self-driving car source code, saying it wants to compare it to code allegedly stolen by former Waymo employees.

  • October 11, 2017

    2nd Circ. Urged To Uphold Litvak's RMBS Fraud Conviction

    The U.S. Department of Justice asked the Second Circuit on Tuesday to uphold the conviction of former Jefferies Group trader Jesse Litvak, saying a jury had ample evidence to find his lies in residential mortgage-backed securities sales would matter to reasonable investors.

  • October 11, 2017

    Koch Foods Hit With $1.9M Verdict In Retaliation Suit

    An Alabama state jury on Tuesday awarded a former Koch Foods of Alabama LLC employee about $1.9 million in damages over claims the company fired him for hiring a lawyer to represent him in the wake of his serious workplace injury, according to the plaintiffs’ attorneys.

  • October 11, 2017

    Colo. High Court Strikes Down Immigrant Smuggling Ban

    The Supreme Court of Colorado reversed and remanded the conviction of a man under a state human smuggling statute in a 4-3 decision Tuesday, echoing federal circuit courts in finding that it was preempted by federal immigration laws.

  • October 11, 2017

    Cuban Ballplayer Smugglers Seek Light Sentences

    Baseball agent Bartolo Hernandez and sports trainer Julio Estrada on Tuesday urged a Florida federal judge to hand down light sentences for their convictions for smuggling Cuban ballplayers into the United States, saying that the government wrongly seeks harsher sentences.

  • October 11, 2017

    6th Circ. Affirms Land Scout's Conviction In Coal Mining Scam

    A Sixth Circuit panel Tuesday upheld a conspiracy to commit mail and wire fraud conviction of a man who scouts rural property for coal mining potential and who performed work for a Tennessee company that, according to the panel, scammed millions from investors.

  • October 11, 2017

    FDA Expert Testifies Of Unparalleled Contamination At NECC

    A U.S. Food and Drug Administration expert told jurors Wednesday that contamination in steroid injections prepared by a New England pharmacist charged with murder over a deadly meningitis outbreak was the worst he had seen in his 27-year career.

  • October 11, 2017

    Pa. Judge's Partiality Questioned In $21M Insurance Appeal

    An attorney for Nationwide Mutual Insurance Co. accused a Pennsylvania trial judge during oral arguments on Wednesday of displaying potential bias in his decision to award $21 million in damages in a bad faith case over the insurer’s unwillingness to settle a collision claim.

  • October 11, 2017

    Missouri Hospital Gets Doc's Whistleblower Trial Win Nixed

    A Missouri state appellate court reversed a jury verdict in favor of a doctor who claimed she had been fired for reporting a fellow doctor’s alleged misconduct, ruling that the conduct the doctor reported was itself protected by state law and that the doctor thus could not be considered a whistleblower.

  • October 11, 2017

    Fla. Appeals Court Affirms $35M Jury Award For Smoker's Kin

    A Florida appeals court affirmed a $35 million jury verdict against R.J. Reynolds Tobacco Co. on Wednesday despite finding that a trial court should not have allowed a jury instruction requested by a lawyer for a smoker's family.

  • October 11, 2017

    Mining Co. Granted Appeal In Landmark Legal Privilege Fight

    The Court of Appeal has granted permission for an international mining firm under criminal investigation to fight attempts by the U.K.'s fraud squad to make it reveal documents it drew up during an internal investigation.

  • October 10, 2017

    Partner Says He Tried To Keep Bankrupt Energy Co. Going

    The largest investor in a beleagured Florida energy company testified Tuesday that he tried in good faith to right the business after his partners descended into a deadlocked dispute, contending the only improprieties in the involuntary bankruptcy he forced the company into came in one partner's appeal.

  • October 10, 2017

    Menendez Advocacy Fell Between PAC Donations, Agent Says

    A Florida ophthalmologist's lawyer interacted with Sen. Bob Menendez's staff in 2012 on advocating to executive branch officials about a Medicare policy affecting the doctor around when the physician made $600,000 in political donations benefiting the New Jersey Democrat, according to testimony Tuesday at the senator and doctor's bribery trial.

  • October 10, 2017

    Jabra Calls 'Facts' Biased For Upcoming $600M Trial

    A Delaware federal judge Tuesday ordered a hearing in an upcoming antitrust trial between headset maker Jabra and rival Plantronics with as much as $600 million at stake, after the companies dueled over evidence that the court has said can be admitted.

  • October 10, 2017

    Ex-Katten Muchin Atty, Prosecutors Submit Revised Juror Q's

    Attorneys for the former Katten Muchin Rosenman LLP attorney about to face trial for allegedly helping his then-client Martin Shkreli defraud the pharmaceutical company Retrophin Inc. told a New York federal judge on Monday that they’ve agreed with prosecutors on a six-part questionnaire for potential jurors to answer.

  • October 10, 2017

    'Pre-Hedging' Is Standard Practice, HSBC Forex Jury Hears

    The former head of foreign exchange trading for Deutsche Bank told the New York federal jury weighing the criminal case against an ex-HSBC executive Tuesday that “pre-hedging,” or making some of a large currency purchase in advance, is a standard practice that can be beneficial to the buyer because it keeps the price down.

  • October 10, 2017

    Platinum Execs Say Insurers Must Give Cash For Defense

    Attorneys for hedge fund Platinum Partners and some of its executives on Tuesday pressed a New York state judge to force three excess insurers to advance money to cover their costs of defending against criminal charges over a purported $1 billion securities fraud scheme involving an offshore driller, saying the insurers are duty-bound to provide coverage.

  • October 10, 2017

    Fruit Broker Disputes 'Contamination' In Hepatitis Trial

    A broker of pomegranate seeds that spread hepatitis A through a Costco-sold berry blend sparred with counsel representing the children of a woman who died of the disease after allegedly eating the berry blend during Tuesday testimony in California, disputing whether worms, feathers and other foreign material in the seeds were “contamination.”

  • October 10, 2017

    Pa. Justices Won't Review $10M Infant Meningitis Verdict

    The Pennsylvania Supreme Court on Tuesday declined to take up a case that ended in a $10.1 million jury verdict in favor of a woman who sued a Philadelphia hospital over her infant's delayed bacterial meningitis diagnosis, putting an end to a nearly two-year appeals process.

Expert Analysis

  • Avrahami Ruling On Microcaptives Offers Little Guidance

    Steven Miller

    The captive insurance industry has had little guidance from courts, the U.S. Treasury Department or the U.S. Internal Revenue Service on what an acceptable arrangement looks like. Many had hoped that the U.S. Tax Court's ruling in Avrahami v. Commissioner would provide such guidance. But the decision last month left too many questions unanswered, says Steven Miller of Alliantgroup LP.

  • Failure To Show Personal Jurisdiction In 'Show Me' State

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    A federal judge recently said “show me” when 83 plaintiffs from 30 different states claimed personal jurisdiction in Missouri over a New Jersey-based talcum powder manufacturer. This ruling appears to be part of a trend that will likely lead to less talc-related litigation tourism in Missouri, says Steven Boranian of Reed Smith LLP.

  • Are Opioids The New Tobacco?

    Richard Scruggs

    Is the rising spate of opioid litigation comparable to the litigation that led to the mega-billion dollar settlement with Big Tobacco? According to ex-trial lawyer Richard Scruggs, who helped engineer the $248 billion tobacco settlement in the 1990s, the answer is "sort of."

  • A Guide To The Executive Branch Official Nomination Process

    Adam Raviv

    Although the Trump administration has completed the vetting and confirmation of a cabinet and White House staff, thousands of senior positions remain unfilled throughout the executive branch. More than ever, people selected for those posts find themselves under close scrutiny, say Adam Raviv and Reginald Brown of WilmerHale.

  • Series

    What I Learned In My 1st Year: Never Give Up

    Alan Hoffman

    In my first week of practice, I was assigned to litigation that had been pending for 17 years. No discovery had been done, and the case was set for trial or dismissal in less than 60 days. From what followed, I learned some of the most important lessons of my career, says Alan Hoffman of Husch Blackwell LLP.

  • When Plaintiffs Sue Over Products They Did Not Purchase

    Francis Citera

    The Northern District of Illinois has recently allowed plaintiffs to allege standing for products they did not purchase in two different cases. But the key common element is that the products the plaintiffs did purchase and those they did not were substantially similar, says Francis Citera of Greenberg Traurig LLP.

  • Charting A Course To Business Judgment Review

    Stacy Nettleton

    The Delaware Chancery Court’s recent decision to dismiss a shareholder suit challenging the sale of Martha Stewart Living Omnimedia confirms that there is a path to business judgment rule review, at the pleading stage, of third-party mergers of controlled companies where disparate consideration creates a conflict for the controlling stockholder, say Stacy Nettleton and Christie Di Guglielmo of Weil Gotshal & Manges LLP.

  • Supreme Court Applied 'Settled Principles' In BMS Ruling

    Leslie Brueckner

    The U.S. Supreme Court’s recent ruling in Bristol-Myers Squibb v. Superior Court has been characterized by some in the defense bar as portending a sea change in specific personal jurisdiction. But the case did not move the legal needle as far as the defense bar had hoped, say Leslie Brueckner of Public Justice and Andre Mura of Gibbs Law Group LLP.

  • A Common Thread In California 'Organic' Textile Lawsuits

    Teresa Michaud

    Recent cases filed against manufacturers and retailers of “organic” textile products in California originate with a nonprofit group, and pose a risk to firms selling certain goods in California that are labeled as organic but that fall short of certain state standards, say Teresa Michaud and Anne Kelts of Baker McKenzie.

  • How Collaboration Is Changing Inside Some Law Firms

    Chris Cartrett

    In our recent survey of business of law professionals, nearly half of respondents said that who they collaborate with, inside their law firm, is different from five years ago, says Chris Cartrett of legal software provider Aderant.