• February 16, 2017

    Nursing Home Operators Face Over $115M For Medicare Fraud

    A Florida federal jury on Wednesday found the operators of 53 skilled nursing facilities liable for more than $115 million in damages stemming from false claims they submitted to Medicare and Medicaid after pretending patients needed and received more care than they did.

  • February 16, 2017

    Boston Ex-Guitarist Can't Get Fees In Founder's TM Suit

    A former guitarist for the band Boston is not entitled to attorneys’ fees after a jury found he did not violate trademark claims brought by the group’s founder over the way he was billed as an “original member” in a subsequent band, a Massachusetts federal judge said Thursday.

  • February 16, 2017

    NJ Doc Off Hook For Legal Fees After $1M Malpractice Deal

    The New Jersey Appellate Division on Thursday rejected a widow's bid for attorneys' fees in a medical malpractice action over her husband's care, saying she did not preserve her claim to recover the legal expenses when the parties agreed to a maximum judgment of $1 million regardless of a jury's award.

  • February 16, 2017

    King Of Pop's Ex-Manager Says Brands Lined Up Before Death

    Michael Jackson’s former manager Tohme Tohme took the stand at the IRS’ behest Thursday in the Los Angeles trial over the value of the late entertainer’s estate at the time of his death, testifying that Nike, Sony and others had licensing deals in the works when Jackson died.

  • February 16, 2017

    Dewey Ex-Finance Head Says Accounting Fix Was Wrong

    The former international finance director at Dewey & LeBoeuf LLP testified in Manhattan criminal court on Thursday that one of two ex-Dewey executives facing a fraud retrial asked her to make accounting entries she thought were improper.

  • February 16, 2017

    Judge Suggests UN Bribe Indictment Gets By McDonnell

    Chinese billionaire Ng Lap Seng told U.S. District Judge Vernon S. Broderick on Thursday that the McDonnell precedent requires prosecutors to detail what official acts were taken in exchange for Ng's payments, but the judge intimated that he was unlikely to dismiss the high-profile bribery case on those grounds.

  • February 16, 2017

    Jury To Mull If Sprint Infringed Comcast Patent In $153M Row

    A Pennsylvania federal jury is poised to begin deliberating whether Sprint has been infringing a patent held by cable giant Comcast over text messaging operations, after closing arguments wrapped up in the $153 million case on Thursday.

  • February 16, 2017

    Billionaire Slams Stanford Receiver’s $88M Clawback Bid

    A Colorado billionaire who won a jury trial in an $88 million clawback suit aimed at recovering money invested in R. Allen Stanford’s $7 billion Ponzi scheme told a Texas federal judge on Wednesday the receiver for the fraud continues to use arguments rejected previously to force a judgment against him.

  • February 16, 2017

    Atty's Widow Can't Prove GSK Meant To Harm, Judge Says

    The Illinois federal judge overseeing a wrongful death lawsuit brought by the widow of a Reed Smith LLP partner said Thursday her complaint couldn't move forward on its claim that GlaxoSmithKline PLC had intended to harm its customers by failing to warn them about Paxil's ties to suicide.

  • February 16, 2017

    NY Judge Gives Nod To Ex-AIG Head’s $10M Deal

    A New York state judge on Thursday indicated he approved the nearly $10 million deal the state attorney general reached with former American International Group Inc. CEO Maurice “Hank” Greenberg and the insurer’s former chief financial officer, and will dismiss the long-running fraud case once the pair pay up.

  • February 16, 2017

    Fla. Supreme Court Declines To Adopt Daubert Standard

    The Florida Supreme Court declined Thursday to adopt a measure to bring state court standards for the admissibility of expert witnesses in line with federal courts, over concerns that doing so would undermine the right to a jury trial and inhibit access to the courts.

  • February 16, 2017

    Bugs And Hair Plagued Meningitis-Linked Pharmacy, Jury Told

    The Massachusetts compounding pharmacy linked to a deadly outbreak of meningitis was plagued with bugs, human hair and the chief pharmacist’s indifference to the problems, the company’s former quality control officer told a jury on Thursday during her former boss's murder trial.

  • February 16, 2017

    Hospital Slams Bids To Ax $10M Pepcid Patent Verdict

    A Boston hospital argued Wednesday that attempts by over-the-counter drug maker Perrigo Co. to overturn a $10.2 million Pepcid patent infringement verdict ignored the evidence presented to the jury.

  • February 16, 2017

    NYC Lawyer Evaluation Scale Makes 2nd Circ. Judge 'Queasy'

    The Second Circuit looked conflicted Thursday on whether a former New York City appellate lawyer's federal disability discrimination and retaliation claims merit a trial, with one judge appearing uncomfortable with a five-point performance review metric used to show the attorney the door in 2013.

  • February 15, 2017

    Ericsson FRAND Trial Enters Day 2 With TCL Expert

    A California federal judge overseeing the second day of a bench trial on whether Ericsson Inc. offered Chinese mobile phone developer TCL nondiscriminatory license terms for wireless technology standard-essential patents took the reins Wednesday in questioning TCL’s economics expert, pressing the witness on how to compare terms granted to other companies.

  • February 15, 2017

    Miami-Dade Gets New Judge In Toll Contractor's $58M Suit

    A Florida appeals court on Wednesday granted a request from the Miami-Dade Expressway Authority for a new trial judge in a $58 million suit brought by the designer of the county's cashless toll system, after concluding that the quasi-agency's motion to disqualify was both timely and legally sufficient.

  • February 15, 2017

    Dr. Reddy's Generic Infringes Aloxi Patents, Judge Rules

    A New Jersey federal judge on Wednesday found that Dr. Reddy’s Laboratories Inc.’s planned generic version of Helsinn Healthcare SA’s anti-nausea drug Aloxi infringes three patents for the drug and rejected Dr. Reddy’s contention that two of those patents are invalid.

  • February 15, 2017

    Michael Jackson’s Image Was In ‘Nuclear Winter’: Expert

    Michael Jackson’s estate on Wednesday called a business appraisal expert to testify at the Los Angeles tax trial over the estate's value at Jackson’s death, with the expert testifying that child molestation allegations had plunged the singer's publicity rights into “nuclear winter,” reducing their value to just $3 million.

  • February 15, 2017

    J&J Tells Jury Talc Is Warning-Free, Like Alcohol, Red Meat

    Lawyers defending Johnson & Johnson against claims that its baby powder bottles should have warned of a link to ovarian cancer told an expert witness who took the stand on Wednesday that he's “never seen a cancer warning on red meat at the store.”

  • February 15, 2017

    Pastor, Tech Whiz Blame Boss As Bribery Trial Opens

    New Jersey pastor Trevon Gross and tech expert Yuri Lebedev told a Manhattan federal jury Wednesday that Anthony Murgio, the founder of who has pled guilty in the bribery and fraud case, is to blame for an illegal scheme to take over a credit union for bitcoin payment processing.

Expert Analysis

  • New Jersey’s TCCWNA: New Year, Same Uncertainty

    Jeffrey Jacobson

    Online retailers concerned about lawsuits under New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act had hoped to end 2016 with some clarity about its application in recent class action complaints. But motions to dismiss those cases may remain mostly undecided until the New Jersey Supreme Court and Third Circuit issue rulings later in 2017, says Jeffrey Jacobson of Kelley Drye & Warren LLP.

  • And Now A Word From The Panel: A Year Of Vanishing MDLs

    Alan Rothman

    2016 was a notable year for the Judicial Panel for Multidistrict Litigation: It created only 26 new MDL proceedings, a low-water mark for new MDL proceedings not seen in almost a quarter of a century. In this installment of his bimonthly series on the panel, Alan Rothman of Arnold & Porter Kaye Scholer LLP looks at the panel’s activity over the past year.

  • The Anatomy Of A Successful FELA Cumulative Trauma Case


    Railroad work can be dangerous, and even nonfatal injuries can lead to career-ending cumulative trauma. When railroads fail to protect employees from preventable injuries, they may be liable under the Federal Employers Liability Act. Arvin Pearlman and Benjamin Wilensky of Sommers Schwartz PC detail how FELA was key to their recent $2.5 million jury victory in Lilly v. Grand Trunk Western Railroad, in Michigan's Third Circuit.

  • Cybersecurity And The Economic Loss Doctrine

    Alexis Kellert

    The Eleventh Circuit's holding earlier this month in Silverpop Systems v. Leading Market Technologies helps clarify the type of evidence a party must offer to prove that a duty existed in the context of a cybersecurity breach. It also shows how the economic loss doctrine can provide a shield against tort actions brought over cyberattacks, says Alexis Kellert of Weil Gotshal & Manges LLP.

  • 1st Circ. Affirms Narrow Scope Of Federal Criminal Statutes

    Joshua S. Levy

    The First Circuit's decision last month in U.S. v. Tavares unexpectedly added real teeth to the “in furtherance of” requirement of the mail and wire fraud statutes, say Joshua Levy and Daniel Fine of Ropes & Gray LLP.

  • Vessel Owners' Duties To Longshoremen Only Go So Far

    Hansford Wogan

    In Abston v. Jungerhaus Maritime Services, the Fifth Circuit recently held for a vessel owner against a longshoreman injured on the job during heavy rainfall. As the court noted, a vessel owner must exercise reasonable care to prevent injuries in areas under "active control of the vessel," but the owner often relinquishes control to contractors for loading or unloading, says Hansford Wogan of Jones Walker LLP.

  • ConAgra Opinion May Repair Ascertainability Circuit Split

    Fred Taylor Isquith

    In its systematic, careful and Rule 23-specific opinion in Briseno v. ConAgra, the Ninth Circuit found a way to eviscerate the Third Circuit’s views on “ascertainability.” This important opinion may not end the debate, but it may engender new thinking from the Third and Fourth Circuits, says Fred Taylor Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • 'Take-Home' Asbestos Means A Duty Of Care In California

    Nicole Harrison

    In two coordinated cases, the California Supreme Court recently ruled that employers using asbestos in the workplace have a duty of care to protect employees’ household members from exposure via workers' clothing or persons. This holding may encourage more asbestos lawsuits in California, but the court did offer some limitations of which defendants should be mindful, says Nicole Harrison of Manion Gaynor Manning LLP.

  • Lessons From The Largest Patent Damages Award In History

    Barry J. Herman

    Last month in Delaware federal court, the jury in Idenix v. Gilead awarded Idenix $2.54 billion, the largest patent damages award in history. A review of the trial transcripts and documents provides valuable insight that can be applied to patent damages cases of all shapes and sizes, says Barry Herman of Womble Carlyle Sandridge & Rice LLP.