• April 11, 2017

    Wash. Doctor Escapes Suit Over Sinus Infection Death

    A Washington appellate panel on Tuesday affirmed a jury verdict clearing a doctor of negligent treatment of a woman’s sinus infection, which purportedly led to her death, saying a claim of juror misconduct didn’t warrant granting a new trial.

  • April 11, 2017

    Lehman, Home Loan Bank Wrangle Over Docs Midtrial

    Lehman Brothers Holdings Inc. leveled midtrial accusations Monday that Federal Home Loan Bank of New York withheld documents needed to prove claims Lehman suffered $115 million in unnecessary swaps losses when FHLB breached a trading agreement after the investment bank collapsed in 2008.

  • April 11, 2017

    Pharmacist Seeks New Trial On Racketeering Conviction

    The New England Compounding Center pharmacist convicted of racketeering in March over a deadly meningitis outbreak asked a federal judge on Monday for a new trial, saying that the government's focus on second-degree murder charges on which he was acquitted tainted the entire trial.

  • April 11, 2017

    King & Spalding Adds Ex-Atkinson Andelson IP Partner

    An Atkinson Andelson Loya Ruud & Romo PLC partner who specializes in intellectual property and commercial litigation and who has experience in entertainment cases has joined King & Spalding LLP's Los Angeles office, King & Spalding announced Tuesday.

  • April 11, 2017

    Tippee Says JPMorgan Tipper's Jury Victory Spares Him Too

    A man accused of trading on inside information that originated with a J.P. Morgan Securities LLC analyst who was largely cleared by a jury asked a California federal judge on Monday to toss the charges against him, saying he couldn’t have illegally received tips that weren’t illegally passed.

  • April 10, 2017

    Bellwethers Chosen In 3M Warming Device Infection MDL

    About 30 bellwether cases have been identified in multidistrict litigation over 3M’s post-surgery patient-warming device and its alleged tendency to cause infections after orthopedic surgeries, the patients and 3M told a Minnesota federal court Friday.

  • April 10, 2017

    Gov't Again Draws Judge's Anger In Dallas Corruption Trial

    As the government inched closer Monday to being able to rest its case in the public corruption trial of Dallas County Commissioner John Wiley Price, prosecutors again found themselves in hot water with the Texas federal judge overseeing the case.

  • April 10, 2017

    Novatel, Verizon Cleared By Jury In MiFi Patent Suit

    Novatel Wireless Inc. and Verizon Communications were cleared of infringement claims for manufacturing and selling “MiFi” devices by a California federal jury Monday, though they declined to find the patents held by Carucel Investments LP invalid.

  • April 10, 2017

    Fla. Eye Doctor Seeks Mistrial In Overbilling Suit

    A Florida ophthalmologist accused of overbilling Medicare by about $32 million asked a Florida federal court Monday to order a mistrial and to prevent the government from presenting evidence comparing him to purported peers, saying the prosecution isn’t being honest about what its evidence shows.

  • April 10, 2017

    Insurer Poached 1,400 Agents, Costing Co. $1.6M, Jury Hears

    Freedom Equity Group LLC poached more than 1,400 sales agents from its rival First Financial Security Inc., inducing them to break noncompete agreements and costing the life insurance company more than $1.6 million in damages, a First Financial attorney told a California federal jury at the trial's start on Monday.

  • April 10, 2017

    Madoff Trustee Looks To Narrow Testimony At Merkin Trial

    Looking to blunt the defenses of disgraced financier J. Ezra Merkin at an upcoming trial to claw back Bernie Madoff Ponzi scheme proceeds, the trustee for the fraudulent investment firm asked a New York bankruptcy court on Friday to bar various talking points that amount to “hearsay” testimony.

  • April 10, 2017

    Oculus, Execs Look To Undo $500M VR Copyright Verdict

    Facebook Inc. subsidiary Oculus VR LLC in court filings Friday sought to upend findings that it infringed the copyrights of video game developer ZeniMax Media LLC with its virtual reality technology, after a jury in February found Oculus and its executives must pay $500 million in damages.

  • April 10, 2017

    Google Asks For New Trial In Malware IP Dispute

    Google asked a Texas federal judge on Friday to undo a $20 million patent infringement trial loss and grant a retrial, saying the jury was tasked with deciding legal questions that should never have been its province.

  • April 10, 2017

    British Airways Says Trial Date Premature In Surcharge Suit

    British Airways PLC has asked a New York federal judge to reject a request to set a trial date from a certified class of passengers claiming the airline hit them with inflated fuel surcharges, saying a trial is premature since the company is planning to appeal the certification order.

  • April 10, 2017

    Inside Trader Says SEC Wants Too-Harsh $2.2M Judgment

    An insurance broker who profited from a tip about a Sanofi-Aventis SA acquisition asked a Georgia federal court Friday to reject a request by the U.S. Securities and Exchange Commission that he pay $2.2 million for his wrongdoing, saying he would never be able to pay off such a massive sum.

  • April 10, 2017

    Atty Slams Rival's Perjury Claim In Frivolous Suit Row

    A Philadelphia-based attorney fired back on Friday at suggestions that he lied on the stand during expert testimony he provided in a trial that left a rival saddled with a nearly $2 million jury verdict for pursuing a frivolous lawsuit on behalf of a client.

  • April 10, 2017

    Gynecologist Says $625K Verdict Excessive In Infertility Row

    A Pennsylvania federal jury’s $625,000 medical malpractice award to a New Jersey woman was excessive, counsel for a gynecologist has claimed, arguing there was insufficient evidence that the purportedly unnecessary surgery to remove a non-cancerous mass had caused the woman’s claimed infertility.

  • April 10, 2017

    Boies Schiller Expands In Calif. With Caldwell Leslie Aquisition

    Boies Schiller Flexner LLP is poised to enhance its litigation clout with the addition of 26-lawyer California boutique Caldwell Leslie PC, which counts among its clients major media companies, movie studios and the Motion Picture Association of America, Boies Schiller announced Monday.

  • April 7, 2017

    Jury Hits Kimberly-Clark, Halyard With $454M Fraud Verdict

    A California federal jury found late Friday that Kimberly-Clark Corp. and its spinoff Halyard Health Inc. misled buyers about the impermeability of the companies’ MicroCool surgical gowns, awarding a class of buyers a whopping $454 million in compensatory and punitive damages in the fraud trial.

  • April 7, 2017

    Wal-Mart Wants $54M Trucker Wage Verdict Nixed

    Wal-Mart sought to overturn a $54 million verdict against the retail giant for violating state wage laws by failing to pay a class of truckers for work-related on-duty tasks, arguing at a California federal court hearing Friday that rest break damage calculations were flawed and new case law cuts against the decision.

Expert Analysis

  • Challenging The Internal Revenue Code’s Omnibus Clause

    Joseph Martini

    A recent dissent by two judges on the Second Circuit in United States v. Marinello could lead to U.S. Supreme Court scrutiny of the Internal Revenue Code's omnibus clause, which makes it a felony to violate any provision of the code. The time may be right for the high court to tackle this issue, say Joseph Martini and Judd Lindenfeld of Wiggin and Dana LLP.

  • Texas Senate Bill 10 Would Adversely Affect All Insureds

    John R. Hardin

    Senate Bill 10, recently introduced in Texas, has been touted as legislation tailored to curb "hailstorm lawsuit abuse." However, this bill fails to reference hail or hailstorms, and would meaningfully and adversely impact the rights of all Texas policyholders, say John Hardin and Gilbert Perales of K&L Gates LLP.

  • When The JPML Refuses To Approve Multidistrict Litigation

    Stephen McConnell

    A multidistrict litigation can be a sound and efficient way of managing a mass tort, or it can be an unwieldy disaster. A recent decision by the Judicial Panel on Multidistrict Litigation, denying a plaintiffs’ motion for centralization in the Proton-Pump Inhibitor Products Liability Litigation, shows that some MDLs are more trouble than they're worth, says Stephen McConnell of Reed Smith LLP.

  • Plaintiffs Face Uphill Battle In Excessive-Fee Litigation

    Eben P. Colby

    The past year has seen the momentum turn in favor of mutual fund advisers in the current wave of “excessive-fee litigation.” The New Jersey district court's recent opinion in Kasilag v. Hartford is insightful both for what it found with respect to Hartford and for its potential application to the more than 20 other pending cases, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Where To Sue For Data Misappropriation

    Richard M. Reice

    Determining where a company’s data is stored for purposes of venue is a relatively new issue not resolved in current case law. Traditionally, courts have focused on the location of the relevant server. But in this age of the cloud, with multiple and redundant servers enhancing access and security, we argue that the place where data is managed and controlled is the proper venue, says Richard Reice of Hoguet Newman Regal & Kenney LLP.

  • Series

    My Strangest Day In Court: Hitting A Curveball

    Nicholas E. Chimicles

    As a trial lawyer, you make instantaneous decisions in courtrooms all the time, but that day was different. I had to balance my advocate’s concern for the class of investors I represented against the empathy I felt for a fellow human being’s tragic loss, says Nicholas Chimicles of Chimicles & Tikellis LLP.

  • The 'Marriage Before Injury' Rule And Wrongful Death

    Rebecca Kibbe

    In a 2-1 ruling, Florida's Fourth District Court of Appeal recently found that the common law "marriage before injury" rule means a widow may not collect loss of consortium damages after her husband's death, allegedly due to to premarital asbestos exposure. But the strong dissent and notable public policy concerns suggest the Florida Supreme Court will take up the issue, says Rebecca Kibbe of Manion Gaynor & Manning LLP.

  • Views From The Bench On Sentencing Representation: Part 8

    Alan Ellis

    What can you do if faced with the government argument that a lesser sentence for your client would depreciate the seriousness of the offense and promote disrespect for the law? In my recent interviews with federal judges in Nevada, Massachusetts and New Jersey, they all agreed: Demonstrate that your client is essentially a good person and rehabilitatable, says criminal defense attorney Alan Ellis.

  • How The Most Profitable Law Firms Structure Their C-Suites

    Anita Turner

    The most successful Am Law 200 law firms have evolved from being partner-run to being run by a group of highly skilled professionals reporting to firm shareholders. The data collected from our recent survey indicates this model is generally conducive to increased profitability, says Anita Turner, senior director at Colliers International.

  • Will Pena-Rodriguez V. Colorado Apply To Civil Cases?

    M. Christian King

    The U.S. Supreme Court ruled last week in Pena-Rodriguez v. Colorado that no-impeachment rules must yield to the Sixth Amendment's right to an impartial jury in a criminal investigation. Though Pena-Rodriguez has much to recommend to the civil side of the jury system, the analysis in the opinion may not be easily extended, say M. Christian King and Wesley Gilchrist of Lightfoot Franklin & White LLC.