Trials

  • November 8, 2017

    Pa. Judge OKs Deposition In Xarelto Witness Tampering Row

    A Pennsylvania state judge on Wednesday agreed to force a Janssen Pharmaceuticals Inc. sales representative to undergo a midtrial deposition over whether she tried to sway a physician’s testimony, in a closely watched case over injuries allegedly caused by the blood thinner Xarelto.

  • November 8, 2017

    Vet, Pharmacy Convicted Of Selling Opioid For Racehorses

    A Louisiana federal jury has found a local veterinarian and a Nebraska pharmacy guilty of conspiring to sell mislabeled syringes of a powerful, unapproved opioid drug to racetrack trainers who were told to inject horses with the drug an hour before races to improve performance.

  • November 8, 2017

    Jury Awards Woman $26M In Case Of Missed Early Labor

    A Brooklyn jury has awarded $26 million to a woman and her 7-year-old daughter, who was born deaf and whose twin sister died a month after birth, in their suit against Maimonides Medical Center, where doctors allegedly missed the woman’s signs of preterm labor.

  • November 8, 2017

    Destruction Of '5Pointz' Graffiti Violated Law, Jury Says

    A Brooklyn jury found Tuesday that a real estate developer violated an obscure federal statute when he demolished the famous New York City graffiti space known as 5Pointz, issuing an advisory opinion that sets the stage for a final ruling in the closely watched case.

  • November 7, 2017

    Radiation, Not J&J Talc, Caused Woman's Cancer, Jury Told

    A woman’s mesothelioma was caused by radiation therapy she received to treat an incidence of breast cancer, not her decades-long use of Johnson & Johnson’s talcum powder products, an oncologist called by the company told a California jury on Tuesday.

  • November 7, 2017

    No Verdict In Menendez Trial After Senator Definition Query

    The first full day of jury deliberations in the bribery trial of Sen. Bob Menendez and a Florida ophthalmologist ended without a verdict Tuesday after one juror asked a question about a defense attorney’s comments regarding what it means to be a senator.

  • November 7, 2017

    Defense In Union Bribe Case Says Payoff Was For Cooperator

    Defense attorneys in a New York federal trial over an alleged bribe paid to former New York City correction union boss Norman Seabrook for investing union money in Murray Huberfeld's now-defunct Platinum Partners LP told the jury in summations that alleged payoff was for the government’s star witness, not the union leader.

  • November 7, 2017

    Allstate Accuses Kia Of Ripping Off 'Drivewise' In TM Trial

    Allstate Insurance Co. told a California federal jury on Tuesday that Kia Motors Inc. is infringing its trademark for its “Drivewise” driver data and rewards program, kicking off a trial that seeks to stop the automaker from using the moniker for its own vehicle technology products.

  • November 7, 2017

    Investor Says No Sham Deal Talks With Ex-Shkreli Atty

    “Cowboy” venture capitalist Darren Blanton, an early investor in a doomed hedge fund belonging to Martin Shkreli, told jurors Tuesday in the trial of Shkreli’s former Katten Muchin attorney that he never had any real talks with the lawyer about an allegedly fraudulent settlement deal with the now-jailed former pharmaceutical executive.

  • November 7, 2017

    Broker Convicted Of Leading Miami Mortgage Fraud Scheme

    A real estate businessman was convicted of defrauding a bank in Miami federal court on Monday, with jurors finding him guilty on eight out of nine counts related to his role in an alleged scheme to wrangle $20 million in loans by lying about income and assets.

  • November 7, 2017

    Heart Attack Not Worth Testim's Benefits, Patient Testifies

    The improved energy he got from using Auxilium’s Testim was not worth the heart attack that nearly cost him his life, the plaintiff in the first bellwether suit against the drug company under the multidistrict litigation over testosterone replacement therapy products told an Illinois federal jury Tuesday.

  • November 7, 2017

    Xarelto Trial Attys Spar Over Witness Tampering Accusations

    A day after a closely watched trial over injuries allegedly caused by the blood thinner Xarelto opened in Pennsylvania state court, attorneys battled on Tuesday over a bid to depose a Janssen Pharmaceuticals Inc. sales representative about purported efforts to influence a doctor’s testimony in the case.

  • November 7, 2017

    Jury Clears Dollar Tree in Calif. Pay Stub Class Action

    A California federal jury on Tuesday found that Dollar Tree’s practice of providing pay stubs on cash register receipts for a class of 5,400 retail employees didn’t violate a state law requiring that employers provide accessible wage statements.

  • November 7, 2017

    TransUnion Loses Bid To Undo $60M FCRA Verdict

    A California judge denied TransUnion’s bid for a new trial or reduced damages in a class action claiming the agency violated the Fair Credit Reporting Act by confusing the names of consumers with those of people on a terrorist watch list, saying the jury was fully justified in reaching its $60 million verdict.

  • November 7, 2017

    Actavis Not Owed Opioid Defense, Calif. Appeals Court Says

    Travelers need not defend Actavis against lawsuits alleging its misleading marketing of painkillers has fueled the nation's opioid addiction problem and led to a spike in heroin use, because the underlying actions allege no accidental injuries, a California appeals court said in a published opinion Monday.

  • November 7, 2017

    FIFA Corruption Trial: How We Got Here

    U.S. prosecutors rocked the world of international soccer in May 2015 when they unveiled a wide-ranging probe targeting several officials within FIFA and other North and South American soccer organizations. Now three defendants, all former South American officials who say they are not guilty in the probe, are going on trial in Brooklyn federal court in what is sure to provide a clearer picture of the inner workings of the sports organizations.

  • November 7, 2017

    Judge Rips 'Prejudiced' Jury After Verdict Against JPMorgan

    A Manhattan federal jury found JPMorgan Chase & Co. liable Tuesday for unlawful retaliation against former wealth manager Jennifer Sharkey, but the ink was barely dry on the verdict sheet when U.S. District Judge Denise L. Cote blasted the jury as being “prejudiced against the bank.”

  • November 6, 2017

    'Asbestos' In J&J Talc Was False Positive, Jury Told

    Johnson & Johnson called a geologist Monday to tell a California jury that experts for a woman alleging she developed mesothelioma from decades of using J&J’s talcum powder products had inaccurately tested samples of J&J’s talc, presenting harmless minerals as asbestos in their testimony.

  • November 6, 2017

    LA Archbishop Opens Trial Over Blocked Katy Perry Deal

    The Roman Catholic Archbishop of Los Angeles told a California jury on Monday that a Los Angeles developer cost it at least $3.5 million in attorneys' fees after making an invalid side deal to sell a sprawling convent to two nuns, blocking a planned $14.5 million sale to pop star Katy Perry.

  • November 6, 2017

    Menendez Jury Takes On Claim Of Bribery Among Friends

    A New Jersey federal jury began deliberations Monday in the bribery trial of Sen. Bob Menendez and a Florida ophthalmologist, with the defense claiming in its closing remarks that they were acting out of a longtime friendship and not an illicit scheme while prosecutors asserted that their relationship was corrupted.

Expert Analysis

  • Still Difficult For Patent Holder To Use Equivalents Theory

    Wang.jpg

    The courts have come up with various ways of limiting the application of the "doctrine of equivalents" infringement theory. The Federal Circuit's recent decision in Jang v. Boston Scientific demonstrates an example of the ensnarement rule, says Alan Wang of Haynes and Boone LLP.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.

  • Rule 30(b)(6) Deposition Strategies For Employers: Part 2

    Excerpt from Lexis Practice Advisor
    Marjorie McMahon Obod

    In the final part of this article, Marjorie McMahon Obod of Dilworth Paxson LLP addresses Federal Rule of Civil Procedure 30(b)(6) deposition tactics, such as preparing a designee, defending the deposition, and reviewing and finalizing the deposition transcript.

  • Sham Affidavits In Medical Product Liability: Part 2

    James Beck

    When a witness says one thing in a deposition, but later offers an affidavit directly contradicting the prior testimony, with no credible explanation, the U.S. Supreme Court has held that the affidavit should be disregarded. James Beck of Reed Smith LLP offers a survey of significant medical product liability cases in which both plaintiffs' experts and plaintiffs themselves have contradicted their own prior statements.

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.

  • Rule 30(b)(6) Deposition Strategies For Employers: Part 1

    Excerpt from Lexis Practice Advisor
    Marjorie McMahon Obod

    Federal Rule of Civil Procedure 30(b)(6) allows an employee to depose an employer that is a corporation, governmental agency or other organization. Marjorie McMahon Obod of Dilworth Paxson LLP examines the use of depositions under this rule when an employee has sued an employer for a violation of employment law.

  • Sham Affidavits In Medical Product Liability: Part 1

    James Beck

    In the 20 years since the U.S. Supreme Court endorsed the sham affidavit doctrine — precluding creation of “genuine” factual issues by witnesses contradicting their own previous testimony — it has been important in many medical product liability cases, and practitioners should be aware of significant examples, says James Beck of Reed Smith LLP.

  • Financial Crisis Anniversary

    New Post-Recession Metrics For BigLaw Partner Success

    Peter Zeughauser

    After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.

  • Why The Supreme Court Could Rule ALJs Unconstitutional

    David Perlman

    Following recent federal appeals court decisions, the U.S. Supreme Court is likely to address the U.S. Securities and Exchange Commission's use of administrative law judges, but the Federal Energy Regulatory Commission's use of them may require further litigation, say David Perlman and Britt Steckman of Bracewell LLP.