• March 8, 2018

    Uber Drivers Must Halt PAGA Claim Until 9th Circ. Weighs In

    A California federal judge on Wednesday said a class of Uber drivers cannot amend its class action claim under the state’s Private Attorneys General Act until the Ninth Circuit rules on the ride-hailing company’s bids to dismantle the long-running suit that claims it misclassified the drivers as independent contractors.

  • March 7, 2018

    One Sexual Advance Is Enough, Court Finds In Retaliation Suit

    A Florida state appeals court ruled Wednesday that a supervisor's one-time sexual advance can meet requirements to pursue a retaliation claim under Florida law, in a ruling that called for a new trial in a police dispatcher's suit claiming a local police chief lashed out after she declined his advances.

  • March 7, 2018

    Ga. Jury Awards Record $18M In Infection Misdiagnosis Suit

    A Georgia state jury on Tuesday awarded $18 million in a suit accusing a doctor of failing to timely diagnose and treat a woman’s spinal infection that ultimately caused her to become a paraplegic in what is touted as the largest medical malpractice verdict in Chatham County history.

  • March 7, 2018

    11th Circ. Affirms $7.5M Tobacco Award In Engle Progeny Suit

    The Eleventh Circuit on Wednesday affirmed a $7.5 million jury verdict against R.J. Reynolds, Philip Morris and Lorillard for a smoker suffering from chronic obstructive pulmonary disorder, ruling that the district court did not err in its instructions to the jury or in failing to declare a mistrial after a medical incident in the courtroom.

  • March 7, 2018

    Shkreli Attys Call 15-Year Sentence 'Severe,' Ask For 1.5

    Martin Shkreli’s attorneys called the government’s recommendation of 15 years prison time for securities fraud “far too severe” in a letter to a New York federal judge on Wednesday, arguing that a sentence of 18 months or less would be more appropriate for the controversial former pharmaceutical executive’s crimes.

  • March 7, 2018

    Retrial Begins In Original Testosterone MDL Bellwether

    Attorneys for a man who had a heart attack while taking AbbVie Inc.’s testosterone replacement therapy product AndroGel opened the retrial of the man’s claims against the pharmaceutical company Wednesday, telling an Illinois federal jury AbbVie didn’t tell his doctor about the drug’s risks.

  • March 7, 2018

    Cushman Can't Retry Ex-Worker's $1.28M Age Bias Win

    A Massachusetts federal judge Wednesday denied commercial real estate company Cushman & Wakefield's request for a new trial or a reversal of a jury’s finding — and $1.28 million award — that it fired an employee based on his age, saying the evidence at trial was sufficient.

  • March 7, 2018

    Former Senior DOJ Official Joins Crowell & Moring

    Crowell & Moring LLP announced Wednesday it's hired a former U.S. attorney who has served in senior positions in the U.S. Department of Justice over three administrations, including as chief of staff to the FBI director and as acting administrator of the Drug Enforcement Administration.

  • March 7, 2018

    Coke CEO Defends Foreign Licensees In $3.3B Tax Court Trial

    The CEO of Coca-Cola Co. said on Wednesday the company's foreign licensees were autonomous entities that made key business decisions, disputing the Internal Revenue Service's characterization of them as mere conduits for profit shifting, during the third day of a $3.3 billion transfer pricing trial at the U.S. Tax Court.

  • March 7, 2018

    Calif. Court Restores Patient’s $4.5M Win In Hip Defect Suit

    A California appeals court has upheld a $4.5 million jury verdict awarded to a man who sued the manufacturer of his prosthetic hip for alleged defects in the device that led to multiple follow-up surgeries, infections and other complications.

  • March 7, 2018

    Bayer, J&J Look To Bar Amended Master Xarelto Complaint

    A pair of Bayer AG and Johnson & Johnson units have urged a Pennsylvania judge to bar a substantially amended master complaint in a mass tort program over the blood-thinner Xarelto from being filed as they gear up for a set of bellwether trials to begin next month.

  • March 7, 2018

    CSX Wins Verdict In Rail Worker's Philly Toxic Tort Case

    After a six-day trial CSX Transportation Inc. has shed what Philadelphia jurors determined were too-late claims from a brakeman who worked for the railway's predecessors and alleged that on-the-job exposure to toxic substances caused his kidney cancer.

  • March 6, 2018

    Juror In $17M Fraud Case Faces Hearing Over Facebook Posts

    A South Carolina federal judge demanded Tuesday that a juror who posted on Facebook while working toward a $17 million verdict in a Medicare fraud trial return to court for a hearing on the posts, which came under scrutiny during post-trial motions.

  • March 6, 2018

    Fla. High Court Considers Daubert Standard In Asbestos Case

    A mesothelioma sufferer urged the Florida Supreme Court on Tuesday to reinstate an $8 million verdict and keep a less strict standard for screening expert testimony in Florida despite a 2013 state law adopting a tougher standard.

  • March 6, 2018

    Feds Say Extortion Case Dead Unless Judge Alters Jury Plan

    Federal prosecutors told a Massachusetts judge on Tuesday that he torpedoed their extortion case against two Boston mayoral aides last week in a ruling requiring them to prove what they admittedly cannot.

  • March 6, 2018

    Trial Over Civilian Deaths In Bolivia Gets Underway in Fla.

    A trial of a former Bolivian president and a government minister over soldiers' alleged wrongful killing of eight bystanders during protests in 2003 opened Tuesday in a Florida federal court with contrasting portrayals of the defendants' roles but an undeniable agreement on the underlying events.

  • March 6, 2018

    Why Doesn’t Paul Manafort Cut A Deal?

    Michael Flynn, Rick Gates and others who face prosecution by Special Counsel Robert Mueller have cut plea deals, so why hasn’t Paul Manafort? White collar defense attorneys have a few ideas.

  • March 6, 2018

    Time Warner Cable Gets Cyclists’ $500K Injury Award Nixed

    A North Carolina appellate panel on Tuesday vacated a $500,000 jury award for two cyclists who were injured after they hit a fallen Time Warner Cable unit’s utility line, saying jurors misapplied the “sudden emergency doctrine” to rule out the bike riders' alleged contributory negligence.

  • March 6, 2018

    Fraud Conviction Stands Despite Lack Of Trial ID: 7th Circ.

    The Seventh Circuit on Monday ruled that an Illinois federal court did not err when it allowed a jury to convict a woman of health care fraud and enhanced her sentence without asking any of the witnesses in the trial to identify her in the courtroom.

  • March 6, 2018

    3 Jurors Want Out Amid Deadlock In Trial Of Ex-Cuomo Aide

    The jury weighing bribery charges against a former aide to New York Gov. Andrew Cuomo peppered a federal judge Tuesday with four testy notes, one signaling a deadlock and three from individuals begging to be excused, including one who wrote she “physically and emotionally cannot do this anymore."

Expert Analysis

  • How Natural Experiments Can Help In Estimating Damages

    Niall MacMenamin

    Establishing a causal link between allegedly wrongful conduct and the quantity of damages asserted can be challenging. Fortunately, increasing volumes of real-world data are available to the damages expert, and natural experiments based on such data can be effective in showing causality and estimating damages, says Niall MacMenamin of Analysis Group Inc.

  • Considerations For Attorneys Using Artificial Intelligence

    Ben Allgrove

    Artificial intelligence tools can empower attorneys to work more efficiently, deepen and broaden their areas of expertise, and provide increased value to clients, which in turn can improve legal transparency, dispute resolution and access to justice. But there are some common pitfalls already apparent in the legal industry, say Ben Allgrove and Yoon Chae of Baker McKenzie.

  • PG&E Ruling May Mean More Challenges To Incentive Adders

    Paul Pantano Jr.

    The Ninth Circuit recently rejected the Federal Energy Regulatory Commission’s grant of incentive adders to Pacific Gas & Electric’s rate of return calculations for the utility's continued participation in the markets operated by the California Independent System Operator. The decision may open the door for more challenges to public utilities’ rate filings, say attorneys with Willkie Farr & Gallagher LLP.

  • How A Recent Tax Case Offers Guidance To Family Offices

    Mark Leeds

    In a recent case, Lender Management LLC v. Commissioner, the U.S. Tax Court ruled against the Internal Revenue Service after it asserted that the costs of running a family office were not deductible for federal income tax purposes. The decision provides a road map for other family offices on how to structure their operations, says Mark Leeds of Mayer Brown LLP.

  • Weekly Column

    Acting For Trial Lawyers: The Power Of Vulnerability

    Michael DeBlis III

    Your willingness to let your guard down and render yourself “open” requires an enormous amount of courage. But the impact that vulnerability has on a jury cannot be underestimated, says actor and trial lawyer Michael DeBlis, discussing how tools of the stage can be used by lawyers in the courtroom.

  • 6 Mistakes To Avoid When Talking To Patent Jurors

    Dan Gallipeau

    On more than one occasion, I have seen patent counsel start the opening by saying to the jury, “This is a really complex case that will be hard to understand at times, but we will get through it together.” Sounds like preparation for a root canal, says Dan Gallipeau of Dispute Dynamics Inc.

  • Affirming The Joint Defense Privilege In Illinois

    Symone Shinton

    An Illinois appellate court has formally recognized that co-parties to a lawsuit who agree to share information pursuant to a common interest in defeating their opponent do not waive either attorney-client or work-product privileges when doing so. The decision clarifies exactly what the joint defense privilege is and, importantly, what it is not, says Symone Shinton of Greenberg Traurig LLP.

  • 10 Insights Into The West Virginia Supreme Court Of Appeals

    Elbert Lin

    From its architectural grandeur to its relaxed approach to time limits during oral argument, West Virginia’s highest court has many unique features that make it a special place to practice, says Elbert Lin, co-chair of the issues and appeals practice at Hunton & Williams LLP and former solicitor general of West Virginia.

  • Series

    Judging A Book: Duncan Reviews 'Justice And Empathy'

    Judge Allyson Duncan

    In "Justice and Empathy: Toward a Constitutional Ideal," the late Yale Law School professor Robert Burt makes a compelling case for the undeniable role of the courts in protecting the vulnerable and oppressed​. But the question of how the judiciary might conform to Burt’s expectations raises practical problems​, says U.S. Circuit Judge Allyson Duncan of the Fourth Circuit. ​

  • 'Throw' Your Mini-Opening To Get The Best Jury Possible

    Christina Marinakis

    In the hopes of piquing the interest of jurors and minimizing hardship requests, more and more judges are encouraging parties to make “mini-openings” prior to voir dire. You can use this as an opportunity to identify your worst jurors and get them removed from the panel — by previewing your case weaknesses and withholding your strengths, says Christina Marinakis of Litigation Insights.