Trials

  • February 13, 2018

    Judge Denies Phoenix New IP Trial But Refuses VMware Fees

    A California federal judge on Monday rejected Phoenix Technologies Ltd.'s efforts to roll back a jury's finding that VMware Inc. did not infringe copyrights for basic computer input-output firmware, but declined to award VMware $11 million in legal fees.

  • February 13, 2018

    Juror's Ties To Doc Don't Merit Retrial, Pa. Court Says

    A Pennsylvania appellate panel ruled Monday that a new trial is not yet warranted in a suit accusing a doctor of negligently treating a patient following a heart attack, saying the fact that a juror’s immediate family member was a patient of the doctor was not a proper ground for scrapping a verdict favoring a McKean County health care provider.

  • February 13, 2018

    Jury Awards Microsoft $278K In Office IP Row With Corel

    A California federal jury declined Microsoft’s request for more than $1 million and awarded it just $278,000 Tuesday in a suit over Corel Corp.’s infringement of patents related to its Office software, finding Corel had willfully infringed nine patents but hadn't learned of the infringement until Microsoft sued.

  • February 13, 2018

    Meningitis Pharmacist Tells Court Restitution Is Too Much

    The pharmacist who oversaw a sloppy drug compounding operation that churned out moldy steroid injections and led to a fatal meningitis outbreak said Monday that he shouldn’t have to forfeit his entire six-year salary of $611,000 now that he has been sentenced to eight years of prison.

  • February 13, 2018

    Anesthesiologist Case May Lower Bar For Fla. Med Mal Suits

    If the Florida Supreme Court revives claims against an anesthesiologist whose quick clearance for surgery of a woman allegedly contributed to her death, experts say it could make it easier for medical malpractice plaintiffs in the state to allege causation, or that a health care provider proximately caused a person’s injuries.

  • February 12, 2018

    Cadwalader Row Looks Trial-Bound: Redskins Owner's Atty

    A Manhattan judge's refusal to toss Washington Redskins owner Dan Snyder's malpractice suit targeting Cadwalader Wickersham & Taft LLP over a $10 million fee he was forced to pay UBS for a long-ago Six Flags proxy fight means the dispute is probably going to trial, Snyder's counsel said Monday.

  • February 12, 2018

    Expert Ignored Evidence J&J Talc Lacked Asbestos, Jury Told

    Counsel for Johnson & Johnson on Monday cross-examined an asbestos expert who previously told New Jersey jurors the company’s talcum powder products contained asbestos, questioning the scientist about not including more than a dozen reports giving J&J talc a clean bill of health in his evaluation.

  • February 12, 2018

    Chubb Negligently Rejected $2M Injury Deal, Suit Says

    Excess insurer American Guarantee and Liability Insurance Co. told a Texas federal court on Friday that Chubb Ltd. should pony up the extra money it was forced to pay in a wrongful death action, arguing that Chubb had rejected a $2 million offer to settle the underlying suit.

  • February 12, 2018

    BofA Is 'Barrel-Chested Bully,' Jury Told As $2M Trial Ends

    Counsel for a former Bank of America client manager urged a California federal jury Monday to find the bank blacklisted and defamed her and award her more than $2 million in damages, saying during closings the bank is a “great big barrel-chested bully” whose “grossly inadequate” fraud investigation ruined her earning potential.

  • February 12, 2018

    Facing The 'Reptile' In The Courtroom

    Over nearly a decade, a “reptile” has slithered into tort cases across the country, accompanying the much-discussed plaintiffs-side strategy that defense attorneys say cold-bloodedly manipulates jurors with fear to land outsize verdicts — but whose creators say it’s not aiming to scare anyone but the defense bar.

  • February 12, 2018

    Atty Seeking New Abusive Suit Trial Alleges Expert Perjury

    An attorney facing part of a $2.3 million verdict for filing an abusive lawsuit against an ex-Cozen O'Connor party argued on Friday that purported lies told by a prominent Philadelphia litigator while serving as an expert witness warranted a new trial in the case.

  • February 12, 2018

    7th Circ. Nominee Once Rebuked Trump During Trial

    Among those President Donald Trump nominated to take the Seventh Circuit bench on Monday is an Illinois federal judge who once reprimanded him during combative testimony at a 2013 trial over claims his company misled the buyer of a pair of condos in his Chicago tower.

  • February 12, 2018

    UnitedHealth Unit Urges Fed. Circ. To Reverse $12M IP Loss

    A UnitedHealth unit pushed a Federal Circuit panel in oral arguments Monday to toss a $12.3 million jury verdict holding that the company infringed a patent for measuring doctors’ efficiency, contending its own technology predated the patent.

  • February 12, 2018

    Shkreli Seeks Light Sentence, Saying His Victims Profited

    Former pharmaceutical company executive and hedge fund manager Martin Shkreli on Friday urged a Brooklyn federal judge to find that he didn’t harm investors or even intend to cause losses, despite his conviction for securities fraud, saying that many investors actually profited from his hard work.

  • February 12, 2018

    Destruction Of NYC 'Graffiti Mecca' Broke Law, Judge Says

    A federal judge ruled Monday that the sudden destruction of famous New York City graffiti space 5Pointz was an intentional violation of federal law, issuing a strongly worded decision ordering the site’s “unrepentant” owner to pay $6.75 million in damages.

  • February 12, 2018

    Graft Trial Judge Mulls Description Of Cooperator's Arrest

    The judge overseeing the federal bribery trial of a former top aide to New York Gov. Andrew Cuomo considered Monday what to tell the jury about the arrest of a key cooperating witness and indicated a reluctance to go along with a prosecution request that she describe the incident as a bail violation.

  • February 12, 2018

    Connell Foley Nabs LeClairRyan Trial Group In Newark

    Connell Foley LLP has added 11 LeClairRyan trial attorneys to its Newark, New Jersey, office in a coup that the firm on Monday said will boost its litigation, insurance and professional and products liability practices.

  • February 9, 2018

    In Microsoft v. Corel IP Row, Jury Weighs Willful v. Whoops

    At the wrap of a California federal trial over damages Corel Corp. must pay for infringing Microsoft’s patents, Microsoft’s attorney argued Friday the infringement was willful, while Corel’s attorney conceded his client possibly erred but said the tech giant's warning “never made it to the right ears."

  • February 9, 2018

    Waymo Settlement With Uber Ends Wild Ride

    Waymo and Uber reached a settlement Friday to end their blockbuster trade secrets fight over self-driving car technology, capping off a year of contentious discovery disputes, shocking revelations and numerous delays. Here's a play-by-play of how we got here.

  • February 9, 2018

    Judge Denies Truckers' Bid For New Trial, Slashes Atty Fees

    A Nebraska federal judge on Friday denied student truck drivers’ bid for a new trial in their class action alleging Werner Enterprises Inc. and a subsidiary violated minimum wage laws, granting only $337,293.69 in attorneys' fees despite their request for $2.2 million after finding vague expense explanations.

Expert Analysis

  • Recent Illinois Verdicts Reinforce Potency Of Remittitur

    Agelo Reppas

    As tort defendants and their insurers continue to face enormous exposure in catastrophic personal injury cases, they are recognizing that post-trial proceedings are critical to the success of any future appeal, as they represent a defendant’s lone opportunity to challenge a verdict as excessive in the court in which it was rendered, says Agelo Reppas of BatesCarey LLP.

  • Feature

    From Law Firm To Newsroom: An Interview With Bob Woodruff

    Randy Maniloff

    Lawyers who have left the traditional practice for perceived greener pastures are many. But the circumstances surrounding broadcast journalist Bob Woodruff’s departure are unique. Like none I’ve ever heard, says Randy Maniloff of White and Williams LLP.

  • Series

    Judging A Book: Kendall Reviews 'On The Jury Trial'

    Judge Virginia Kendall

    As someone who spent half her days last year on the bench presiding over trials, I often find the alarmist calls to revamp the jury trial system a tad puzzling — why is making trial lawyers better rarely discussed? Then along comes a refreshing little manual called "On the Jury Trial: Principles and Practices for Effective Advocacy," by Thomas Melsheimer and Judge Craig Smith, says U.S. District Judge Virginia Kendall of the Northe... (continued)

  • Weekly Column

    Acting For Trial Lawyers: Finding The Theme Of Your Case

    Michael DeBlis III

    Just in time for film award season, actor and trial lawyer Michael DeBlis discusses how some of the tools and techniques of the stage can be used by lawyers in the courtroom.

  • Lessons For Data Breach Lawyers From Product Liability

    Michael Ruttinger

    Lawyers in data breach litigation can learn from their contemporaries in more established fields such as product liability, where the law has developed well-established approaches to many of the same issues that will arise in the merits stage of data breach cases, says Michael Ruttinger of Tucker Ellis LLP.

  • Do I Need New Trial Counsel? 9 Questions To Ask

    Russell Hayman

    Initial selection of defense counsel is usually made at the outset of litigation, long before it is known whether the case may actually proceed to trial. Attorneys with McDermott Will & Emery discuss questions in-house lawyers should consider when deciding whether their litigation counsel should remain lead trial counsel in a case proceeding to trial.

  • Exmark And The Erosion Of The Entire Market Value Rule

    Matthew Becker

    The Federal Circuit's recent ruling on a reasonable royalty damages theory in Exmark v. Briggs & Stratton continues a trend of the Federal Circuit departing from the vigorous application of the entire market value rule and seemingly unambiguous statements in earlier decisions prohibiting apportionment of the royalty rate, says Matthew Becker of Banner & Witcoff Ltd.

  • Fla. Case Points To Speculative Nature Of Asbestos Claims

    Corey Lapin

    Last month, a Florida appeals court erased a sizable verdict against Bechtel Corporation for a worker's asbestos exposure decades ago. The court found that the jury should never have considered claims against the defendant because of the plaintiffs’ insufficient evidence. The case highlights the lack of clear causation in many asbestos claims, says Cory Lapin of Manion Gaynor & Manning LLP.

  • Views From The Bench On Sentencing Representation: Part 10

    Alan Ellis

    U.S. District Judges Frederic Block of the Eastern District of New York and Charles R. Breyer of the Northern District of California are legendary sentencing judges. I recently asked for their thoughts on sentencing memoranda, character letters and sentencing statistics, says criminal defense attorney Alan Ellis.

  • And Now A Word From The Panel: 2017 MDL Year In Review

    Alan Rothman

    Last year, the Judicial Panel on Multidistrict Litigation ruled on the fewest MDL petitions and created the fewest new MDL proceedings in decades. But the panel's schedule for this week's hearing session suggests 2018 may be different, says Alan Rothman of Arnold & Porter Kaye Scholer LLP.