• April 18, 2017

    Mich. Juries Have No Say On 'Fixed By Court' Attys' Fees

    A fired life insurance agent who sued over unpaid commissions and lost can't have a jury decide whether she pays her former employer's attorneys' fees, the Michigan Supreme Court has ruled, saying a contractual reference to “the court” can only mean the judge.

  • April 18, 2017

    Calif. Real Estate Investor Guilty Of Foreclosure Bid-Rigging

    A California federal jury Monday convicted a real estate investor of conspiring to rig bids for foreclosed properties, in the latest case to result in a guilty plea or verdict in prosecutors' investigation of public foreclosure auction fixing schemes in four Bay Area counties.

  • April 18, 2017

    7th Circ. Questions If Humility Should Cut Blago's Sentence

    The question of how much former Illinois Gov. Rod Blagojevich has changed since his conviction took center stage at oral arguments in his second appeal before the Seventh Circuit on Tuesday, with one judge saying a different district court judge might have found the transformation enough to shorten his sentence.

  • April 18, 2017

    5th Circ. Kills Employees’ National Oilwell Racism Claims

    A Fifth Circuit panel on Monday denied a bid to overturn a losing verdict for eight African-American employees who accused National Oilwell Varco LP of race-based employment discrimination, deciding that arguments that the trial and court proceedings were fundamentally mishandled did not hold up.

  • April 18, 2017

    Liquor Co. Says Dan Aykroyd's Co. Can't Halt World Sales

    A tequila company found liable for its infringing skull-shaped bottles has objected to an injunction bid by comedy legend Dan Aykroyd’s own liquor brand, saying a worldwide sales ban is over the top.

  • April 17, 2017

    Widow’s Trial Against GSK Wraps With $39M Damages Plea

    The wife of a deceased Reed Smith partner said at the close of a five-week trial Monday that she’s owed $39 million for the loss of his income and companionship, blaming pharmaceutical giant GlaxoSmithKline and its well-known antidepressant Paxil for her husband’s suicide.

  • April 17, 2017

    Cay Clubs Ex-CFO Slams Sentencing Suggestions

    A Florida real estate executive blasted prosecutors’ recommendation of a 93-year prison sentence and millions in restitution and fines for his conviction on bank fraud charges and a tax offense in connection with an alleged $300 million Ponzi scheme, saying Monday that the presentence investigation report disregards the facts, evidence and jury findings.

  • April 17, 2017

    Pa. Judge Axes Latest Risperdal Breast-Growth Case Mid-Trial

    A Johnson & Johnson unit notched a victory on Monday as a Pennsylvania state judge issued a mid-trial decision nixing claims that an adolescent boy grew female breasts after being prescribed the antipsychotic drug Risperdal to treat symptoms of autism.

  • April 17, 2017

    Colo. Judge Orders Lexington To Cover $20M Med Mal Verdict

    A Colorado federal judge on Thursday found that Lexington Insurance Co. owes Children’s Hospital Colorado coverage for a $11.9 million malpractice judgment, saying that although the hospital was months late reporting the suit to Lexington, the company blew its own damages claim by not following up on the case until it went to trial.

  • April 17, 2017

    Navy Officers' Bribery Suit Delayed As Discovery Piles Up

    Nine U.S. Navy and Marine Corps officers, charged in the massive bribery scheme in which officers allegedly exchanged sex and gifts for help with Navy port services contracts, won't be going back to court until September after a California federal judge granted a continuance Friday based on the volume of discovery implicated.

  • April 17, 2017

    Turkish Co. Hit With $8M Verdict In Hep A Pomegranate Suit

    A California federal jury on Friday found Turkish food company Goknur AS and its U.S. subsidiary, United Juice Corp, on the hook for $8 million in damages related to hepatitis A-contaminated pomegranate seeds the company provided to a pomegranate supplier and Oregon food distributor.

  • April 17, 2017

    Kluger Kaplan Expands Into Midwest With Parker Rosen Atty

    Florida-based law firm Kluger Kaplan Silverman Katzen & Levine PL said Thursday it will expand into the Midwest market with the addition of litigator Daniel N. Rosen, formerly of Parker Rosen LLC, who will join his new firm on May 1.

  • April 17, 2017

    Justices Won't Hear Appeal Of $76M Rare Coin Seizure

    The U.S. Supreme Court on Monday declined to hear to an appeal from an en banc Third Circuit ruling that a set of rare gold coins valued at $76 million rightfully belonged to the government and not the heirs of an antique dealer accused of conspiring to smuggle them out of the U.S. Mint more than 70 years ago.

  • April 17, 2017

    Texas AG Paxton Can't Swap Judges In Securities Fraud Trial

    Attorney General Ken Paxton lost his bid for a new judge to preside over his felony securities fraud trial that was ordered moved away from his home turf of Collin County to Harris County last week, a spokeswoman for State District Judge George Gallagher said Monday.

  • April 17, 2017

    Apple Settles Unwired Planet’s IP Suit On Eve Of Trial

    Unwired Planet LLC on Monday announced that it settled its patent infringement suit with Apple Inc., just as a California federal trial was set to begin, ending more than four years of litigation that Apple said was frivolous and Unwired said was worth an estimated $33 million.

  • April 17, 2017

    NECC Owner Says FDA Fraud Is ‘Legal Impossibility’

    A part owner of the New England Compounding Center, the defunct Massachusetts pharmacy linked to the deadly 2012 meningitis outbreak, asked a federal judge Friday to dismiss the lone count against him, largely echoing the judge’s previous skepticism about fraud on federal regulators in the sprawling criminal case.

  • April 14, 2017

    Docs In GWB Scandal Reveal Juror Issue Behind Mistrial Bid

    Two former public officials convicted in the George Washington Bridge lane-closing scandal had sought a mistrial in November on the grounds that New Jersey federal court officials had inappropriate contact with a distraught juror who had asked to be dismissed during deliberations, according to recently unsealed documents in the case.

  • April 14, 2017

    Ex-MasterCard Partner Gets $2.8 Million Win Despite Breach

    A New York federal jury has awarded a Jordanian payments company $2.8 million in a dispute with MasterCard International Inc., concluding that the global payments giant had no right to draw down International Cards Co. Ltd.’s letter of credit even though ICC breached their contract.

  • April 14, 2017

    Jury Says Trucking Cos. Didn't Taint Ill. Town's Water

    An Illinois federal jury on Thursday unanimously rejected claims from a Chicago suburb that a trucking company’s terminal had contaminated its groundwater with vinyl chloride, a gas that’s associated with an increased risk of certain cancers.

  • April 14, 2017

    Ex-Worker Gets $1.28M In Cushman Age Discrimination Suit

    A Massachusetts jury on Friday found that a former employee of the commercial real estate company Cushman & Wakefield proved his former employer’s decision to fire him was substantially based on his age, and awarded him $1.28 million dollars in his age discrimination suit.

Expert Analysis

  • Failing To Prevent Inadvertent Disclosures Can Be Costly

    Pierre Grosdidier

    Last month, a Virginia court ruled that a party waived attorney-client communication privilege and work-product doctrine immunity when it uploaded privileged documents to an unprotected cloud-based account. This ruling illustrates how an e-discovery fluke can compromise a case, says Pierre Grosdidier of Haynes and Boone LLP.

  • Weekly Column

    Talking 'Bull': Episode 17, Name Game

    Roy Futterman

    You know how on medical shows they teach you how to commit malpractice and get away with it? In this episode of Bull, we learn how to get away with jury tampering — and how to get disbarred, says jury consultant Roy Futterman in his latest review of the CBS series "Bull."

  • And Now A Word From The Panel: MDLs And The High Court

    Alan Rothman

    On the heels of last week’s confirmation hearings for U.S. Supreme Court nominee Judge Neil Gorsuch, this month’s column by Alan Rothman of Arnold & Porter Kaye Scholer LLP explores the impact that various high court decisions have had on multidistrict litigation practice, and the statutory role that the Supreme Court plays with respect to the panel and MDLs.

  • Jam Recipe Yields 1st DTSA Verdict

    Thomas A. Muccifori

    A federal jury in Pennsylvania recently returned the first verdict under the Defend Trade Secrets Act. Although Dalmatia’s proprietary fig spread recipes would have been protected under the Pennsylvania Uniform Trade Secrets Act, the case stands as a reminder of the powerful protections that can arise from the DTSA in the proper factual scenario, say Thomas Muccifori and Daniel DeFiglio of Archer & Greiner PC.

  • Judge Gorsuch's Dubious Commitment To Legal Textualism

    Max Kennerly

    In practice, being an “originalist” or a “textualist” is a lot like being “gluten-free” except when it comes to pasta and bagels. Most “textualists” are happy to apply these concepts rigorously when it will produce the result they want — but they’ll relax or ignore them if it produces a politically inconvenient outcome. Judge Neil Gorsuch seems to fit this profile, says Max Kennerly of Kennerly Loutey LLC.

  • Are Your In-House Lawyers Happy?

    Aric Press

    What is the mood of the nation’s in-house lawyers? Aric Press — a partner at Bernero & Press LLC and former editor-in-chief of The American Lawyer — shares the findings of a recent survey of more than 800 in-house counsel.

  • How The IRS Reconstructs Income In Tax Fraud Cases

    Michael DeBlis III

    Anyone who has ever faced off against the U.S. Internal Revenue Service knows that the agency has an array of tools to determine what a taxpayer owes. Deductions, expenditures, bank deposits and other methods may be used to reconstruct a taxpayer's putative income, but certain standards of proof must be met to successfully prosecute a tax evasion case in court, says Michael DeBlis III of DeBlis Law.

  • How Past And Present Aerial Photography Can Make The Case

    David Ruiz

    Many cases hinge on visual evidence. And aerial photography can play a key role, showing how geographic features or buildings looked in the past or have changed over time. Legal teams should be aware of the aerial photography resources available and the impact technological advances in the field may have on helping prove their case, says David Ruiz of Quantum Spatial Inc.

  • Google, NASA, Planes And A Stronger Legal Team

    Nicholas Cheolas

    Why did minor mechanical issues bring down two airplanes, while a catastrophic engine explosion did not bring down a third? The answers lie, in part, in research conducted by NASA in the wake of those crashes and, more recently, by Google. And those answers can help organizations build better teams to meet today’s legal industry challenges, says Nicholas Cheolas of Zelle LLP.

  • A Gorsuch Decision In Favor Of Federal Jurisdiction

    Forrest Latta

    U.S. Supreme Court nominee Neil Gorsuch's legal path has adhered closely to waypoints of originalism and conservatism in his career. But judicial conservatism and political conservatism do not always follow parallel paths. A recent example is Gorsuch’s opinion for the Tenth Circuit in Hammond v., favoring federal removal jurisdiction despite concerns of federalism and state authority, says Forrest Latta of Burr & Forman LLP.