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Trials

  • July 3, 2018

    $3M 'Little Red Hen' Shareholder Payout OK, 1st Circ. Rules

    The First Circuit on Monday affirmed a $3 million disgorgement by the former CEO of a behavioral health company, even after agreeing with a jury that the shareholders in the case were not harmed, upholding a ruling by a Massachusetts federal judge that cited an old folk tale about a little red hen and carving out an exception to a wide-ranging state appellate decision.

  • July 2, 2018

    The Sharpest Dissents From The Supreme Court Term

    In its first complete term back at full strength since the death of Justice Antonin Scalia, the top U.S. court took on several cases that revealed deep divisions among its members. Here are the most stinging dissents.

  • July 2, 2018

    High Court Nomination Watch: 7th Circ.'s Amy Coney Barrett

    Amy Coney Barrett has been sitting on the Seventh Circuit bench for only eight months, but she is rumored to be on President Donald Trump’s shortlist for potential picks to replace Justice Anthony Kennedy on the U.S. Supreme Court.

  • July 2, 2018

    Narrow Rulings Reveal Wide Gulfs Between Justices

    With the Supreme Court largely punting on deciding the issues at the center of some of its biggest cases this term, the justices turned to concurrences to fight for the future of the law.

  • July 2, 2018

    4 High Court Lineups That Might Surprise You

    While the justices tend to join most often with colleagues whose philosophy they share, even politically charged cases can create groupings that defy easy categorization. Here are a few from the latest term.

  • July 2, 2018

    The Funniest Moments Of The Supreme Court Term

    From a raucous house party to the often-disappointing taste of wedding cake, the justices found plenty to laugh about in the latest term. Here are the top moments of legal levity.

  • July 2, 2018

    Inventor Wins $11M Jury Award In Pet Product Patent Row

    A pet supply store has been slapped with an $11 million judgment following a New Jersey federal jury’s finding, after a nearly monthlong trial, that it copied an inventor’s patent for a skin medicine applicator for dogs and cats.

  • July 2, 2018

    Mich. Jury Awards $135M For Botched Spinal Surgery

    A Michigan jury on Monday awarded a 17-year-old girl and her family $135 million in a suit accusing a Detroit Medical Center hospital of botching her spinal surgery causing severe and permanent injuries, in what is being touted as a record medical malpractice verdict.

  • July 2, 2018

    Skelos Cleared To Grill Key Witness Over Alleged Misconduct

    A New York federal judge on Monday greenlighted a multipronged attack by former New York State Senate Majority Leader Dean Skelos and his son Adam on the credibility of former insurance boss and government witness Anthony Bonomo, saying she would allow the defense to probe claims of misconduct at Bonomo’s company.

  • July 2, 2018

    Maxell Scores $43M EDTX Jury Win In ZTE Patent Trial

    A unanimous federal jury in the Eastern District of Texas found Friday that electronics company ZTE USA Inc. willfully infringed seven smartphone patents owned by Japanese electronics maker Maxell Ltd. and ordered ZTE USA to pay $43.3 million in damages.

  • July 2, 2018

    Trump Plows Ahead With Supreme Court Selection Process

    President Donald Trump is ramping up the process of replacing Justice Anthony Kennedy on the U.S. Supreme Court, interviewing four candidates Monday and revealing the White House staffers who are leading the selection effort.

  • July 2, 2018

    Atty’s Win In Fraud Case Over Injury Suit Nixed On Appeal

    A California appeals court has reversed a bench trial verdict in favor of an attorney being sued for fraud in connection with his alleged malpractice in an auto injury case, finding the attorney's former clients were entitled to a jury trial and were inexplicably denied one at the last minute.

  • July 2, 2018

    $600M Bid-Rig Trial Lurches Back To Life After Venue Snag

    Federal prosecutors reopened their bid-rigging case Monday against former State University of New York President Alain Kaloyeros and three others accused of fixing $600 million worth of “Buffalo Billion” construction jobs in a highly unusual effort to show a jury that the charges belong in Manhattan federal court.

  • July 2, 2018

    2nd Circ. Upholds Italian's Conviction Tied To 'Click Fraud'

    The Second Circuit felled an Italian citizen’s appeal on Monday claiming a provision of the Computer Fraud and Abuse Act is unconstitutionally vague, leaving in place his conviction for misdemeanor hacking that stemmed from an alleged global "click fraud" scheme.

  • July 2, 2018

    Mental Health Questions Clear Pa. Rehab Center In Death Suit

    A Pennsylvania appeals court ruled Monday that a drug rehabilitation center facing claims over the death of a patient whose mental health had come into question could take advantage of a law limiting the liability of individuals and facilities involved in treatment of the mentally ill.

  • July 2, 2018

    Jury Awards $25M In Nuisance Suit Over Hog Farm Stench

    A federal jury in North Carolina awarded a couple there $25.13 million on their nuisance claims against a pork company over the feces, urine and associated odors and flies at a hog farm near their property.

  • June 29, 2018

    The Most Talkative Justices Of The Term

    Once again, Justice Stephen Breyer was the most talkative member of the U.S. Supreme Court during oral arguments, but another member of the court turned heads by speaking out 50 percent more than she did in the prior term.

  • June 29, 2018

    The Firms That Won Big At The Supreme Court

    A handful of law firms argued multiple cases during the latest high court term — with varying degrees of success. Here’s how the familiar law firms fared in some of the most high-profile cases of the year.

  • June 29, 2018

    The Supreme Court Term By The Numbers

    Back at full strength, the justices worked their way through a docket full of blockbusters. Here’s our data-driven look at the term that was.

  • June 29, 2018

    Justice Kennedy Leaves Mixed Record On Civil Rights

    Over three decades on the Supreme Court, Justice Anthony Kennedy perhaps became best known for upholding the constitutional right to abortions and to same-sex marriage, but his deference to states’ rights and his inclination to take a race-blind approach to legal analysis have complicated his civil rights legacy.

Expert Analysis

  • El Pollo Loco Verdict Hinges On Good Faith, Fair Dealing

    Steven Yatvin

    Last month, a California court awarded an El Pollo Loco franchisee over $8 million after a company-owned restaurant was established near his operation. The case suggests that, regardless of any contractual agreements, franchisors should consider how a neutral third party would view their dealings with franchisees, says Steven Yatvin of Barack Ferrazzano Kirschbaum & Nagelberg LLP.

  • Guest Feature

    Dan Abrams Talks 'Lincoln's Last Trial' And Crime In Media

    Randy Maniloff

    Everything I saw through the glass walls of Dan Abrams’ office shouted new media. But after an hour with the ABC News chief legal affairs anchor, discussing his new book about Abraham Lincoln's career as a lawyer and a wealth of other topics, I came away realizing the secret of his success. And there’s nothing new about it at all, says Randy Maniloff of White and Williams LLP.

  • Why The 'Onionhead' Verdict May Make Employers Cry

    Barbara Hoey

    In U.S. Equal Employment Opportunity Commission v. United Health Programs of America, a Brooklyn federal jury recently found that the company's use of a practice called “Onionhead” amounted to religious discrimination. Details from the case show employers how the EEOC and courts may treat religious discrimination claims going forward, say Barbara Hoey and Alyssa Smilowitz of Kelley Drye & Warren LLP.

  • The Brave New World Of Autonomous Vehicle Litigation

    Jonathan Feczko

    Autonomous vehicles promise to change the way we commute, work and even plan cities. But equally dramatic may be the way they change how we prepare and try litigation following motor vehicle accidents. Exploring how autonomous vehicle litigation might look will help practitioners better prepare for the wave to come, say Jonathan Feczko and Zachary Adams of Tucker Ellis LLP.

  • Opinion

    Why Widespread Use Of Live Video Testimony Is Not Justified

    Geoffrey Wyatt

    Despite the partiality some courts have shown to live video testimony, it provides no advantages — and several disadvantages — over the tried-and-true method of videotaped depositions, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Series

    Judging A Book: Wallach Reviews 'Uncivil Warriors'

    Judge Evan Wallach

    "Uncivil Warriors: The Lawyers' Civil War," by Peter Hoffer, is a new book about the involvement of lawyers on both sides in the American Civil War. The discussion is enlightening and often fascinating, but falls short in several key areas, says Federal Circuit Judge Evan Wallach.

  • BigLaw Blogs In A Post-GDPR Marketing Universe

    Stephan Roussan

    Connecting with potential prospects is now more challenging due to the EU General Data Protection Regulation, meaning that law firm microsites, blogs and social media will become more valuable than ever. The firms that deploy them strategically will increase their relative visibility and accelerate the rebuilding of their opt-in distribution lists, says Stephan Roussan of ICVM Group.

  • And Now A Word To The Panel: Happy 50th!

    Alan Rothman

    As the Judicial Panel on Multidistrict Litigation heads to Chicago for its May 31 hearing session, Alan Rothman of Arnold & Porter observes the panel’s golden anniversary with a retrospective look at its origins in the enactment of the MDL statute in April 1968, and reviews its most recent hearing session held in Atlanta on March 29.

  • Analyzing The Economics Of Litigation Funding

    J.B. Heaton

    The growth of litigation funding has only increased the controversy surrounding it. Looking to move beyond the rhetoric for and against the practice, attorney and investment analytics expert J.B. Heaton, of J.B. Heaton PC and Conjecture LLC, attempts an objective analysis of the underlying economics of the litigation funding arrangement.

  • Rule 23 Changes: How Electronic Notice Can Save Money

    Brandon Schwartz

    Courts are acknowledging a shifting consumer preference toward electronic mediums. Proposed changes to Rule 23, scheduled to take effect at the end of this year, will officially provide for the use of electronic notice in class actions — a change that could save parties a significant amount of money, say Brandon Schwartz and Maggie Ivey of Garden City Group LLC.