Trials

  • August 14, 2017

    IBM Settles Data Processing Patent Suit With Trial Looming

    IBM Corp. settled an infringement suit Monday just as a freshly picked jury was about to sit for trial, according to a notice alerting a California federal judge that it had reached an accord in a long-running multivenue fight over patents for data storage.

  • August 14, 2017

    J&J, Bayer Ask To Strike Doc's Testimony In Xarelto Trial

    Johnson & Johnson unit Janssen Pharmaceuticals Inc. and Bayer HealthCare Pharmaceuticals Inc. on Monday asked the Louisiana federal judge overseeing the third bellwether trial over the blood thinner Xarelto to strike testimony from a physician about a proposed label change redlined by the U.S. Food and Drug Administration. 

  • August 14, 2017

    Asus, Via Settle IP Theft, Employee Defection Suit

    Via Technologies Inc. and rival chipmaker Asus Computer International have ended their dispute over whether an Asus unit lured ex-Via employees to steal valuable intellectual property covering USB 3.0 technology, according to Friday court records.

  • August 14, 2017

    US Defends Bid To Quash Menendez Subpoenas

    The government on Monday defended its bid to quash subpoenas served by Sen. Bob Menendez and a Florida ophthalmologist on federal agencies seeking documents for their upcoming corruption trial, telling a New Jersey federal court that their requests are “breathtakingly overbroad” and rebutting their claim it does not have standing for the motion.

  • August 14, 2017

    Pa. Judge Explains Call To Keep $2.5M J&J Risperdal Verdict

    A Pennsylvania state judge has explained his reason for denying a Johnson & Johnson unit’s request for a new trial over abnormal breast growth allegedly linked to the drug Risperdal, saying the company's “extraordinary” defense tactics warranted allowing an Alabama boy’s family to find a new expert witness during the case.

  • August 14, 2017

    Costco Hit With $19M Damages In Tiffany Trademark Fight

    A New York federal judge ruled Monday that Costco Wholesale Corp. must pay more than $19 million in a long-running trademark battle with Tiffany & Co., increasing a damages award handed down by a jury last year.

  • August 14, 2017

    Conn. Panel Upholds Dentist’s Win In Whitening Suit

    A Connecticut appeals court in a decision released Friday upheld a verdict in favor of a dentist accused of improperly performing a tooth-whitening procedure that led to a woman experiencing tooth sensitivity and hair loss, ruling that the lower court had properly excluded some testimony and restricted cross-examination of expert witnesses. 

  • August 14, 2017

    Dish Can't Escape Judgment In TCPA Suit, Consumer Says

    A consumer leading North Carolina federal court litigation accusing Dish Network of violating the Telephone Consumer Protection Act blasted the company’s contention Friday that the allegations were already litigated in a separate Illinois action, calling the argument an “about-face” from the satellite provider’s previous claims.

  • August 11, 2017

    Pepperdine Prevails Over Basketball Players’ Gay Bias Suit

    A California federal jury late Friday cleared Pepperdine University of allegations that it discriminated against and harassed two former female basketball players because they were dating, reaching a unanimous decision after only four hours following a three-week trial.

  • August 11, 2017

    Greatbatch-AVX Trial's Willfulness Stage Ends In Hung Jury

    A Delaware federal jury deadlocked Friday on a Greatbatch Ltd. claim that AVX Corp. acted willfully when it infringed a medical implant component patent, ending a week of split trial outcomes for the two industry competitors and longtime intellectual property antagonists.

  • August 11, 2017

    Zazzle Hit With $460K Verdict Over Copyright Infringement

    Zazzle Inc. was hit with a $460,000 verdict in California federal court after a jury found it had infringed a publisher's copyrights for nearly 40 paintings by allowing users to have the works printed on blank mugs, canvas and other items, according to a Thursday order.

  • August 11, 2017

    News Outlets Ask Shkreli Trial Judge For Juror Names

    An attorney for Bloomberg, The Associated Press, Reuters, The New York Times Co., Daily News LP and NYP Holdings asked a New York federal judge on Friday to release the names of jury members who convicted controversial former pharmaceutical executive Martin Shkreli on two counts of securities fraud and another conspiracy charge.

  • August 11, 2017

    Talc No Cancer Risk, Ex-FDA Scientist Tells J&J Jury

    Johnson & Johnson on Friday called on a former U.S. Food and Drug Administration scientist and director of the Cosmetic Ingredient Review to tell a California jury that talcum powder is safe as the company defends against a woman's allegations that its talcum powder products caused her terminal ovarian cancer.

  • August 11, 2017

    Jason Galanis Gets 14 Years In $63M Tribal Bond Scheme

    A New York federal judge sentenced inveterate white collar fraudster Jason Galanis to 173 months in prison for masterminding a $63 million bond fraud against a Native American tribal entity, with all but 60 months of it to run concurrently with the stretch he earned for running the Gerova Financial Ltd. pump-and-dump scheme.

  • August 11, 2017

    Calif. Court Affirms Defense Verdict In Patient Transfer Case

    A California appellate panel on Thursday upheld a jury verdict in favor of a hospital and doctors accused of failing to timely transfer a patient for surgery which allegedly caused her spinal injuries, saying allegations against the hospital’s administrators were properly excluded by the trial judge.

  • August 11, 2017

    Mich. Panel Turns Back Challenge To Ankle Surgery Verdict

    A Michigan appeals court upheld a defense verdict in favor of a surgeon accused of improperly treating a woman’s ankle fracture on Thursday, ruling that a jury instruction allowing a malpractice finding on the basis of circumstantial evidence did not apply in the case and was rightly excluded from jury instructions.

  • August 11, 2017

    UConn Hospital Can’t Claim Immunity In Med Mal Trial Loss

    A Connecticut appellate panel affirmed Friday a patient’s win in a suit accusing the University of Connecticut Health Center of botching his vasectomy, which purportedly caused the loss of a testicle, rejecting the state-funded hospital’s attempt to invoke sovereign immunity.

  • August 11, 2017

    After Trial Error, Medicare And Visa Fraudster Gets Probation

    A man accused of spearheading a $45 million Medicare fraud scheme and subjecting an immigrant to forced labor received 12 months of probation Friday after he pled guilty to a lesser charge when a mistake forced prosecutors to halt his trial.

  • August 11, 2017

    5th Circ. Upholds Convictions In H-1B Visa Fraud Case

    The Fifth Circuit on Thursday upheld the convictions of two brothers who abused the H-1B system by bringing in workers without lining up jobs for them, saying the men's objections to the trial court's judgment were non-starters.

  • August 11, 2017

    Orrick Adds Silicon Valley IP Litigator From K&L Gates

    Orrick Herrington & Sutcliffe LLP beefed up its intellectual property team with the addition of a former K&L Gates partner and first-chair trial lawyer who has extensive experience in complex technology patent litigation, the firm announced Thursday.

Expert Analysis

  • Oil Producers Cannot Recover From Downstream Purchasers

    Edward Ripley

    The Third Circuit recently affirmed that downstream purchasers took oil purchased from a bankrupt intermediary free and clear of the oil producers’ liens. The opinion is an important reminder that courts will look to the state lien laws and Uniform Commercial Code of a midstream company’s home state to determine whether the producers are secured, say attorneys with King & Spalding LLP.

  • An FDA Petition Denial Preempts A Failure-To-Warn Claim

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    The Tenth Circuit recently affirmed that a branded drug manufacturer was not liable for failing to warn consumers about alleged birth defect risks when the U.S. Food and Drug Administration had previously rejected a citizen’s petition calling for the same warnings. If other circuits agree, pharmaceutical companies may face reduced burdens from state law warning requirements, say attorneys with Morrison & Foerster LLP.

  • 5 Questions All AFAs Should Answer Clearly

    Gregory Lantier

    While no particular form is required to establish a durable alternative fee arrangement, there are terms that should, for the benefit of both client and outside attorney, be expressly set forth in the agreement itself, but are often overlooked, say attorneys with WilmerHale.

  • Cybersecurity Risks In The Courtroom

    Daniel Garrie

    As cybercriminals continue to look for easy targets, the court system will surely enter their crosshairs. If judges and court personnel do not maintain proper data security and cyber hygiene, confidential litigant information can fall into the hands of a wide variety of bad actors, say Daniel Garrie of JAMS, David Cass of IBM Cloud, Joey Johnson of Premise Health Inc. and Richard Rushing of Motorola Mobility LLC.

  • Views From The Bench On Sentencing Representation: Part 9

    Alan Ellis

    I recently interviewed two Eastern District of California judges who are known for handing down stiff sentences. Chief Judge Lawrence O’Neill and Judge Morrison England offered some helpful advice for defense lawyers at sentencing, says criminal defense attorney Alan Ellis.

  • The Unintended User In Product Liability Law

    Bennet Susser

    When a product is intended solely for use by adults, should a manufacturer anticipate that warnings to keep the product away from children will not be heeded by responsible parents? Counsel to manufacturers should be mindful that even the clearest warnings and the best safety features may still be insufficient to avoid a trial, says Bennet Susser of Jardim Meisner Susser PC.

  • Monthly Column

    Gray Matters: Clients Are Not Really 'Emotional'

    Gray Matters

    When you look at your client through the "survival circuit" lens, what first appeared as an emotional mess is now valuable information about what is important to them, what needs have to be met to settle the case, or what further clarity your client requires before moving forward, say dispute resolution experts Selina Shultz and Robert Creo.

  • Having A Chief Privacy Officer Reassures Your Firm's Clients

    Rita Heimes

    When a law firm appoints a chief privacy officer, not only does the firm benefit from the crucial operational impact of a well-managed privacy program, but clients see how seriously you take your duties of confidentiality and competence, says Rita Heimes, research director at the International Association of Privacy Professionals.

  • When Safety Features Are Optional, Manufacturers Beware

    Richard Rubenstein

    New York courts have recognized that optional safety features are appropriate under some circumstances — for example, when equipment is operated by trained employees. But the recent ruling in Fasolas v. Bobcat of New York, where the end user was a customer of an equipment rental yard, should concern manufacturers, says Richard Rubenstein of Wilson Elser Moskowitz Edelman & Dicker LLP.

  • Weekly Column

    Innovating For Wise Juries: Discussions Before Deliberations

    Richard Lorren Jolly

    To be sure, allowing jurors to discuss evidence before final deliberations proved to be among the least popular of our recommended innovations. But empirical evidence belies these fears, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.