Trials

  • February 9, 2018

    Hospital Wants Last Meningitis Case Back In Md.

    The Maryland surgery center facing the last standing case in the multidistrict litigation over a deadly 2012 meningitis outbreak told a Massachusetts federal judge on Thursday that the suit, set for trial in April, should be sent back to Maryland state court.

  • February 9, 2018

    Ex-BofA Worker Overstating Claim, Bank Expert Tells Jury

    Bank of America NA closed out its defense Friday in a California federal trial over a former client manager's blacklisting and defamation claims, calling on a certified public accountant to testify that the plaintiff was “grossly” overstating the value of her blacklisting claim.

  • February 9, 2018

    MBS Trustees Under Scrutiny At Close Of Lehman Ch. 11 Trial

    Counsel for a group of residential mortgage-backed securities trusts faced skepticism from the bench Friday while delivering closing arguments in a bid to augment the trusts’ allowed Chapter 11 claim against Lehman Bros. Holdings Inc. for selling them misrepresented loans, saying their $11.4 billion damage calculations have been substantially supported.

  • February 9, 2018

    Calif. Homeowner Association Hit With $2M Slander Verdict

    A California federal jury on Thursday found a homeowners association liable for $2 million to its former golf director, who said his supervisor spread distressing lies about him, including that he kept child pornography on his work computer.

  • February 9, 2018

    Quinn Emanuel's Trade Secrets Chair Jumps To Skadden

    Skadden Arps Slate Meagher & Flom LLP announced Thursday that it’s snagged the head of Quinn Emanuel Urquhart & Sullivan LLP’s trade secrets practice group to join the firm’s Palo Alto, California, office.

  • February 9, 2018

    NM Appeals Court Upholds $165M Jury Award Against FedEx

    A New Mexico appellate court has upheld a record $165 million jury award to the family of a mother and her four-year-old daughter who were killed when a FedEx tractor trailer collided with a small pickup truck, rejecting FedEx’s argument that the size of the award was sufficient evidence that it was unreasonable.

  • February 9, 2018

    NY Graft Trial Cooperator Arrested After Day On Stand

    Todd Howe, the lobbyist-turned-cooperator who is testifying at the bribery trial of a former top aide to New York Democratic Gov. Andrew Cuomo and three businessmen, was arrested on Thursday night for violating his bail, after a defense lawyer accused him in front of the jury of breaching his plea deal.

  • February 9, 2018

    Records Clinched Amputee’s $109M Win In Surgery-Error Trial

    After six years in a nursing home, three trials and two hung juries, persistence paid off for Lisa-Maria Carter and her lawyers as they secured a potentially record-setting $109 million decision last month in Florida state court over a botched surgery that led to the loss of her hands and feet and half of her abdomen.

  • February 9, 2018

    Door Skins Supplier Denied Quick Win In Antitrust Suit

    A Virginia federal judge Friday shot down an Oregon-based door skins supplier’s bid to escape antitrust claims, saying there are factual disputes as to whether a 2012 merger enabled the company to engage in anti-competitive behavior to the detriment of a Texas doormaker.

  • February 9, 2018

    2nd Circ. Overturns $100M Arab Bank Terror Verdict

    The Second Circuit on Friday overturned a $100 million jury verdict against Arab Bank PLC, finding jury instructions in the case alleging that it provided material support to Hamas and other militant groups were prejudicial against the bank, in a case the bank already settled.

  • February 9, 2018

    Uber, Waymo Settle Trade Secret Case Amid Trial

    Waymo and Uber have reached a settlement of their self-driving car trade secret row a third of the way through trial, with Uber agreeing to give Waymo a slice of the ride-hailing company's $72 billion equity worth approximately $245 million.

  • February 8, 2018

    J&J Hit With Stock-Drop Suit Over Claims Of Asbestos In Talc

    Johnson & Johnson and its top executives were hit with a putative class action in New Jersey federal court on Thursday alleging the company harmed its stockholders by purportedly concealing the truth underlying lawsuits and articles that contend J&J’s talcum powder products contain asbestos.

  • February 8, 2018

    Smoking Gun Or Red Herring: Waymo, Uber Debate 14K Files

    Waymo’s attorneys questioned a small army of computer experts in a California federal court Thursday in a bid to show that 14,000 files a former employee downloaded from Waymo’s server evidenced corporate espionage meant to speed up Uber’s race toward self-driving cars, while Uber’s attorneys countered the downloads were automatic and meaningless.

  • February 8, 2018

    NJ Hedge Funder In Fraud Case Grilled Over His Spending

    A hedge fund owner accused of defrauding two investors out of about $4 million told a New Jersey federal jury Thursday that he spent a portion of the funds in anticipation of earning fees and that he was allowed to put some of the money toward a mortgage on his home.

  • February 8, 2018

    Claims Handler Must Face Suit Over $7.2M Asbestos Verdict

    In a judgment made public Tuesday, a New York state judge denied a motion by a claims management company indirectly owned by Warren Buffett’s Berkshire Hathaway Inc. to escape a suit claiming it blocked some of the payout on a $7.2 mesothelioma verdict claim, saying the plaintiff had made a sufficient case to go forward.

  • February 8, 2018

    Lehman Puts Finishing Touch On MBS Claims Estimation Trial

    Attorneys for Lehman Brothers Holdings Inc. held firm in closing arguments Thursday that trustees accusing the defunct investment bank of selling toxic mortgage-backed securities have failed to show damages claims in excess of the $2.4 billion Lehman will accept.

  • February 8, 2018

    Fired Lobbyist's 'Spiderweb Of Lies' Snarls NY Graft Trial

    Todd Howe, an ex-lobbyist testifying against a former top aide to New York Democratic Gov. Andrew Cuomo and three businessmen accused of bribery, endured a brutal afternoon Thursday as jurors saw so many fresh examples of his misconduct that the pace of trial ground to a near-halt and generated a warning from the judge.

  • February 8, 2018

    Trial Group Of The Year: Winston & Strawn

    During recent trials, Winston & Strawn LLP squeezed a nine-figure settlement out of the Walt Disney Co. over ABC News' "pink slime" reports, saved a pharmacy service provider from doom in a trade secrets case and allowed generic-drug makers to tap into Allergan's $1.5 billion dry-eye medication market, placing the firm among Law360's Practice Groups of the Year.

  • February 8, 2018

    Judge Skeptical Of Dewey CFO's Bid To Vacate Conviction

    Former Dewey & LeBoeuf LLP Chief Financial Officer Joel Sanders got a cold reception from a New York state judge when he argued for his conviction to be nixed on Thursday, with the judge questioning whether a key witness had truly recanted.

  • February 8, 2018

    Fla. Court OKs Toss Of Engle Cases Filed For Dead Plaintiffs

    A Florida appeals court on Thursday said a lower court was right to toss several dozen Engle progeny suits filed by two law firms on behalf of smokers that “had been dead for many years,” just months after a panel of federal judges fined the same firms $9.1 million for filing nearly identical zombie suits.

Expert Analysis

  • Will CFPB Adopt A More Nuanced Approach To Remedies?

    Ori Lev

    The Consumer Financial Protection Bureau's recent loss in CFPB v. CashCall suggests that parties willing to litigate against the agency may achieve success even if they lose on the merits, as courts appear reluctant to award the robust remedies the CFPB typically demands, says Ori Lev of Mayer Brown LLP.

  • Lessons From President Trump's Failed Judicial Nominations

    Arun Rao

    On Tuesday, the Trump administration announced 12 new judicial nominations. We will soon discover whether these candidates learned from the mistakes of the three nominees forced to withdraw in December after bipartisan concerns arose over their qualifications, says Arun Rao, executive VP of Investigative Group International.

  • Toxicology In The 21st Century: 5 Tips For Litigators

    Giovanni Ciavarra

    New research methods are uncovering fresh data about chemical toxicity at a rapid rate, which may catch manufacturers and consumers off guard. The challenge for attorneys is to understand whether and how the science supports their position, and to make a comprehensible and compelling case to judges and juries, say Giovanni Ciavarra and Crista Trippodi Murphy of Innovative Science Solutions.

  • How To Control Data As Technology Complicates E-Discovery

    Peter Ostrega

    While technology is making certain aspects of e-discovery faster and easier, it is also creating new challenges as quickly as we can provide solutions. The good news is that there are concrete steps businesses can take to address those challenges, says Peter Ostrega of Consilio LLC.

  • Weekly Column

    Acting For Trial Lawyers: The Meaning Behind The Words

    Michael DeBlis

    With film award season in full swing and the Academy Awards right around the corner, 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.

  • Rebuttal

    Aubin Ruling Changes Nothing For Fla. Asbestos Claims

    Jonathan Ruckdeschel.jpg

    A recent Law360 guest article suggested that the Florida Supreme Court’s Aubin v. Union Carbide decision changed products liability law in Florida to the benefit of asbestos plaintiffs. Having litigated thousands of asbestos claims in Florida, we must clarify that Aubin follows the long-standing use of the consumer expectations test in asbestos cases, say attorneys Jonathan Ruckdeschel, Alan Pickert, Anita Pryor and Rebecca Vinocur.

  • Ruling On Short Sandwiches May Cast A Long Shadow

    J. Philip Calabrese

    One of 2017's most significant product liability rulings may have been the Seventh Circuit's reversal of a settlement over Subway sandwiches that provided "no meaningful relief" to class members. The decision suggests that defendants will have to do more to settle product claims than simply write a check, says J. Philip Calabrese of Porter Wright Morris & Arthur LLP.

  • Removal In 2017: How Defendants Got To Federal Court

    Brett Clements

    Product liability defendants often seek to remove cases to federal court, because federal jurisdiction means federal pleading standards, robust expert discovery, efficiency through uniform procedural and evidentiary rules and, often, more diverse jury pools. Last year, several cases highlighted the evolving removal landscape and addressed four important questions, say Brett Clements and Amy Rubenstein of Schiff Hardin LLP.

  • Getting A 'Fair Share' Of Asbestos Liability In Pa.

    Albert Piccerilli

    In Roverano v. John Crane Inc., the Pennsylvania Superior Court recently ruled that the state's Fair Share Act, which provides for apportionment of liability among tortfeasors, applies to strictly liable defendants in asbestos actions. The challenge will be in formulating arguments over what share of liability each tortfeasor deserves, says Albert Piccerilli of Montgomery McCracken Walker & Rhoads LLP.

  • Ericsson Ruling Provides Guidance On FRAND Royalty Rates

    Fei Deng

    A California district court's recent decision in TCL v. Ericsson offers two practical approaches that can be used by implementers and standard-essential patent holders, as well as other courts, to assessing a fair, reasonable and nondiscriminatory royalty rate, say Fei Deng and Mario Lopez of Edgeworth Economics LLC.