• January 6, 2017

    Pa. Judge Won't Ax $13.7M Pelvic Mesh Award

    A Pennsylvania state judge has rejected a Johnson & Johnson unit’s bid to strike down a $13.7 million verdict won by a woman who claimed that she suffered irreversible injuries from a pelvic mesh implant.

  • January 6, 2017

    5 Insights From General Electric's Alex Dimitrief

    “Data sovereignty” is a recent trend with important consequences for GE’s future as a digital industrial company. The technical challenges alone are immense. But compounding those challenges are the growing number of countries considering laws that would impede the flow of data across national borders, says Alex Dimitrief, general counsel of General Electric Co.

  • January 5, 2017

    Ex-Jefferies Trader Abused Trust, Gov't Says In Fraud Retrial

    Federal prosecutors embarked on a second attempt to convict Jesse Litvak on securities fraud charges on Thursday, telling a Connecticut jury the former Jefferies & Co. trader lied to customers about markups on mortgage-backed bonds he sold after the financial crisis.

  • January 5, 2017

    Post-Its Should Stick In Texas Roadhouse Trial, EEOC Says

    The U.S. Equal Employment Opportunity Commission told a Massachusetts federal court Thursday to reject Texas Roadhouse’s attempt to block the agency from discussing sticky notes attached to unsuccessful job applications in an upcoming trial over allegations that the steakhouse chain engaged in pervasive age discrimination.

  • January 5, 2017

    Dewey Execs Say Cooperator's New Plea Changes Retrial

    The two former top executives of Dewey & LeBoeuf LLP facing a retrial next month over allegations that they defrauded the law firm’s financial backers before it collapsed sought leave on Thursday to solicit testimony about the first trial, in light of a revised plea deal last fall for the star cooperator in the case.

  • January 5, 2017

    J&J Denied Delay Request In Talc Cancer Missouri Trials

    The Missouri Court of Appeals on Tuesday denied Johnson & Johnson’s bid to delay upcoming trials in which consumers allege the company's talcum powder products caused ovarian cancer, the women’s attorneys announced on Thursday.

  • January 5, 2017

    $52M Brain Injury Verdict Upheld Against U. Chicago

    A Cook County, Illinois, judge has upheld a jury’s $52 million medical malpractice verdict against the University of Chicago Medical Center over a baby born at the hospital with brain damage, a judgment the medical center said on Thursday it will appeal.

  • January 5, 2017

    NJ Appeals Court Undos Reduction In $1M Malpractice Award

    A New Jersey appeals court on Thursday overturned and sent back a lower court ruling in a case over an alleged unnecessarily repeated eye surgery that reduced a roughly $1 million medical malpractice verdict to $200,000, saying there was no miscarriage of justice despite a confusing jury charge.

  • January 5, 2017

    Gas Co. Asks 8th Circ. To Reconsider Nixing $32.9M Award

    A natural gas transmission company urged the full Eighth Circuit on Wednesday to rehear a panel’s decision to toss a $32.9 million trial judgment over a violation of a natural gas transmission agreement, arguing the court erred when it said the case should be decided in state court because it dealt with federal law.

  • January 5, 2017

    DuPont Hit With $10.5M Punitive Verdict In Cancer Trial

    An Ohio federal jury awarded $10.5 million in punitive damages on Thursday to a man who said DuPont's chemical dumping caused his cancer, the largest punitive award yet in the multidistrict litigation.

  • January 4, 2017

    RJR, Philip Morris Win Reduction To Engle Damage Awards

    A Florida appeals court Wednesday reversed and remanded two suits with multimillion-dollar awards against R.J. Reynolds and Philip Morris over the deaths of two smokers, ordering the compensatory damages in both to be reduced in proportion with findings of the victims’ comparative fault.

  • January 4, 2017

    DuPont Urges Jury To Forgo Punitives After $2M Verdict

    Industrial conglomerate DuPont urged an Ohio federal jury Wednesday not to add punitive damages to the $2 million the panel recently awarded a cancer survivor who drank and bathed for years in water dirtied by the company’s Teflon manufacturing, disagreeing that decades of inaction constituted malice.

  • January 4, 2017

    Judge Won't Toss Expert In Zimmer Trial, But Trims Claims

    An Illinois federal judge on Wednesday largely declined to exclude a seasoned orthopedic surgeon’s testimony from the third bellwether trial in multidistrict litigation over Zimmer Inc. knee implants, but said the company was entitled to a quick win on allegations the patient didn’t address in opposing a summary judgment motion.

  • January 4, 2017

    Ex-Miami Official Seeks New Trial In SEC Fraud Case

    Miami's former budget director is challenging a federal jury's finding that he violated securities laws by helping the city with $38 million in improper transfers aimed at improving its bond rating, pointing to alleged flaws in the U.S. Securities and Exchange Commission's case against him.

  • January 4, 2017

    SpaceX Welder's Bid To Skirt Sex Bias Trial Loss Grounded

    A California judge on Tuesday denied a former SpaceX welder's request that he consider evidence that wasn't admitted to the jury that last year cleared the aerospace company on claims of sexual harassment and bias, saying he won't make a "sub rosa" contravention of the jury's finding.

  • January 4, 2017

    Young Law Inks Deal To Ditch Pa. Trademark Malpractice Suit

    Staving off a trial that was slated to get underway in Pennsylvania state court on Wednesday, the former Young Law Group PC has agreed to settle claims that it botched a trademark case it handled on behalf of a Lackawanna County stonework company.

  • January 4, 2017

    Judge Searches For Answers At Close Of Anthem-Cigna Trial

    A D.C. federal judge struggled Wednesday with what to make of Anthem Inc.’s claims that its $54 billion merger with Cigna Corp. will generate enormous medical savings for consumers, as a marathon bench trial of the government’s challenge to the mega-deal came to a close.

  • January 4, 2017

    Johnson Controls Gets Army Contract Dispute Pared

    A Virginia federal judge Wednesday pared back a contractor's lawsuit accusing Johnson Controls of botching a U.S. Army shelter project in Kuwait as a subcontractor, finding the agreement between the companies barred some claims while leaving most of the remainder intact on the eve of trial.

  • January 4, 2017

    Littler Adds Employment Litigator From Jackson Lewis

    Littler Mendelson PC has added an employment litigator previously with Jackson Lewis PC as a shareholder in its Minneapolis office, the firm has announced.

  • January 4, 2017

    Ex-Trader To Start 2nd Trial Over $2.26M RMBS Fraud

    A former Jefferies & Co. bond trader will step back into the New Haven, Connecticut, courtroom where he was convicted in 2014 of a $2.26 million trading fraud Thursday morning, starting a fresh trial in a case that could determine the level of criminal blame traders bear for misstatements.

Expert Analysis

  • How Mental Health Testimony Revictimizes Plaintiffs

    Chloe J. Roberts

    Attorneys litigating high-stakes sexual harassment and discrimination claims are increasingly turning to behavioral science and expert mental health consultants for help. However, when courts allow such expert testimony to go beyond the traditional context of proving the reasonable amount of emotional distress a plaintiff has faced, they essentially condone the revictimization of plaintiffs, says Chloe Roberts of Roberts & Associates Law Firm.

  • Talking 'Bull': Episode 9, Light My Fire

    Futterman Photo.jpg

    The TV show Bull has high ratings, but has not grabbed hold of the zeitgeist. There have not been tangential think pieces in the arts pages, but the legal community is well aware of the series. Bull seems to be like one of those shows that you realize years later is still on the air being watched by a lot of people you have never met, like the Mentalist or some show in which a fat guy is the dad, says Dr. Roy Futterman of DOAR Inc.

  • A Simple Way To Manage Costs In Patent Litigation

    Andrew C. Michaels

    One underutilized tool to help keep patent litigation costs down could be for parties to agree to page limits on expert reports, says Andrew Michaels, a visiting associate professor and intellectual property fellow at George Washington University Law School.

  • Rules Of Civil Procedure Updates Affect E-Discovery

    Patrick Reilly

    On Dec. 1, 2016, the annual updates to the Federal Rules of Civil Procedure went into effect. Revisions include the end of the three-day “mail rule” extension for electronically served discovery, an amendment regarding service of internationally based corporate defendants, and a technical change regarding venues in maritime law actions, say Patrick Reilly and Eldin Hasic of Faegre Baker Daniels LLP.

  • The Path To The California Bench

    Judge George F. Bird

    Ever consider applying for a judicial appointment in California? Get the lay of the land from Judge George Bird of the Los Angeles Superior Court and Kimberly Knill, a senior appellate court attorney for the California Court of Appeal. Additionally, hear what several recent appointees to the LA Superior Court thought of the judicial selection process.

  • 3 Tips To Avoid Being On The Outs With In-House Counsel


    When trial lawyers fail to recognize the unique challenges faced by in-house counsel, it jeopardizes not only the outcome of the case, but also the opportunities for future representation. These few simple strategies are hardly rocket science, but they are too often neglected, says Matthew Whitley
 of Beck Redden LLP.

  • Employee/Experts Not Shielded By Attorney-Client Privilege

    Stephen McConnell.jpg

    When a client's product is at issue in court, and a relevant expert witness is not available, an employee may sometimes be tapped to fill this role. This can be a useful strategy, but it comes with a downside: much of the prep work with the now-expert might be discoverable, says Stephen McConnell of Reed Smith LLP.

  • The Horrible Conflict Between Biology And Women Attorneys

    Anusia Gillespie

    Women leave law firms for many of the same reasons men do, but also face challenges including headwinds with respect to assignment delegation and social outings, as well as potential disruptions if they choose to have children. Firms can increase investment in talent management and improve retention and engagement of women attorneys, says Anusia Gillespie of Banava Consulting.

  • Gambling With Doctrine Of Chances In Construction Cases

    Gregg Jacobson

    The doctrine of chances allows a jury to consider evidence of a number of seemingly unrelated coincidences, and to decide whether they are in fact a pattern, and not an accident. While this type of evidence is not often used in civil construction cases, construction lawyers may find that it could be useful in certain situations, says Gregg Jacobson of Chamberlain Hrdlicka White Williams & Aughtry.

  • Causation At Center Of Pennsylvania Asbestos Ruling

    Jennifer Cree

    The Pennsylvania Supreme Court's recent ruling in Rost v. Ford Motor Co. leaves asbestos defendants — especially low-dose asbestos defendants — in a precarious situation in the state. The court appears to have approved conclusory opinions as satisfaction of a plaintiff’s burden to establish substantial factor causation, and sanctioned the trial court’s improper consolidation of unrelated same-disease asbestos cases without conseque... (continued)