Trials

  • January 8, 2018

    Goldberg Segalla Adds Ex-Sedgwick Med Mal Defense Atty

    Goldberg Segalla LLP has shored up its general liability practice group in Miami by adding a former Sedgwick LLP partner with more than three decades of experience handling medical malpractice, product liability cases and complex commercial litigation.

  • January 8, 2018

    Genomics IP Trial Between Illumina And Ariosa Kicks Off

    A California federal jury trial over two DNA testing patents kicked off Monday with genomics company Illumina arguing that Ariosa Diagnostics’ prenatal testing technology infringed its patents, while Ariosa countered that the patents are invalid and that Illumina owes it $17.5 million for breaching a licensing agreement.

  • January 8, 2018

    Docs Weren't Warned About AndroGel's Risks, Jury Told

    The label on AbbVie Inc.’s AndroGel misled doctors about the drug’s dangers, counsel for a man who suffered clots in his lungs while using the testosterone replacement therapy product told an Illinois federal jury Monday.

  • January 8, 2018

    Allergan Fights To Keep Live Testimony In Asacol Trial

    Attorneys for Allergan PLC and subsidiary Warner Chilcott Ltd. asked a Massachusetts federal judge on Monday to block a group of unions and grocers from replacing witness testimony with recorded depositions in the antitrust class action set to go to trial in two weeks.

  • January 8, 2018

    High Court Won't Hear Marine's Claim Of Unfair Court-Martial

    The U.S. Supreme Court won't hear the appeal of a U.S. Marine Corps lance corporal who was convicted of larceny and making false statements, declining Monday to weigh in on whether the selection of officers for the marine’s court-martial panel violated his due process rights.

  • January 8, 2018

    Mass. Court Affirms Use Of Deposition In Med Mal Case

    A Massachusetts appellate court on Monday cleared a doctor of medical malpractice, saying a trial judge properly allowed the use of deposition testimony of another doctor in the case who, after being charged with Medicare fraud, had invoked his privilege against self-incrimination and refused to testify at trial.

  • January 8, 2018

    Supreme Court Declines To Rehash Stryker Noncompete Win

    The U.S. Supreme Court declined Monday to consider a former Stryker Corp. salesman’s appeal arguing the Sixth Circuit was wrong to agree that Michigan law — and not Louisiana law — should apply in a case where a jury found he had violated a noncompete agreement.

  • January 8, 2018

    Supreme Court Won't Review $2.7M Suit Against Care Center

    The U.S. Supreme Court declined on Monday to review a South Dakota Supreme Court decision that left in place a jury verdict in favor of a care center for people with mental illnesses, which was accused of contributing to a patient’s death and not consulting his family before cremating him.

  • January 8, 2018

    Alston & Bird Nabs Gibson Dunn Enviro Pros In Calif.

    Alston & Bird LLP said Monday that it has bolstered its environmental litigation offerings with the addition of a pair of Gibson Dunn & Crutcher LLP attorneys in Los Angeles, including a partner with extensive experience handling high-profile matters affecting the oil and gas industry.

  • January 8, 2018

    Ex-Bankrate Exec To Testify Against CFO, Asks For Leniency

    A former Bankrate Inc. vice president of finance who admitted he schemed to lie about the rate-shopping company’s finances asked a Miami federal judge Friday for leniency, citing his plan to testify against his former boss at an upcoming trial.

  • January 8, 2018

    EEOC Urges Justices To Pass On ‘Mark Of The Beast’ Case

    The U.S. Equal Employment Opportunity Commission urged the U.S. Supreme Court on Friday not to review a finding that a Consol Energy worker was effectively fired for refusing to submit to a hand-scanning ID device he believed would brand him with the biblical "mark of the beast.”

  • January 8, 2018

    Guatemalan Bank Must Pay $3.72M In Contract Fee Fight

    A Florida federal judge on Friday ordered one of Guatemala's largest banks to immediately pay $3.72 million to a corporate finance advisory firm, following the Eleventh Circuit’s affirmation of a jury verdict over contract fees.

  • January 8, 2018

    Supreme Court Won't Review Ruling On Engle Liability

    The U.S. Supreme Court said Monday it will not hear R.J. Reynolds Tobacco Co.’s appeal of an Eleventh Circuit ruling that determined federal law doesn’t prevent smokers from relying on the landmark Engle tobacco case to allege strict liability and negligence.

  • January 8, 2018

    J&J May Face Punitive Damages In Pa. Risperdal Cases

    A Pennsylvania appeals court on Monday threw out an order that has kept a Johnson & Johnson unit from facing punitive damages in thousands of cases pending in Philadelphia County over allegations that young boys developed breasts after taking the antipsychotic medication Risperdal.

  • January 8, 2018

    Justices Won't Hear Appeal Of Houston Doc's Medicare Fraud

    The U.S. Supreme Court won’t hear a Houston doctor’s appeal of his July 2016 conviction for Medicare fraud, a case in which a Texas federal jury found he falsely had approved home health care services for ineligible Medicare beneficiaries.

  • January 5, 2018

    AbbVie Faces Third Jury In Testosterone MDL

    AbbVie will defend its product AndroGel for the third time Monday against claims it seriously injured one of its users as the company takes on the latest bellwether in multidistrict litigation over testosterone replacement therapy drugs in Illinois federal court.

  • January 5, 2018

    Judge Calls Samsung Bid For Apple Data ‘Desperation Heave’

    A California magistrate judge on Friday convinced Samsung Electronics Co. Ltd. and Apple Inc. to resolve a discovery dispute over iPhone sales data in their $400 million smartphone patent war, after saying that Samsung’s bid for the information just an hour before discovery closed “looks like a last-minute desperation heave.”

  • January 5, 2018

    Neb. High Court Backs Doctor's Trial Win In Med Mal Row

    The Nebraska Supreme Court on Friday affirmed a jury verdict clearing a doctor of medical malpractice in connection with an injury a woman suffered during gallbladder removal surgery, rejecting the woman’s claims that the trial judge should’ve given the jury certain special instructions.

  • January 5, 2018

    FIFA Win Could Hint At What's Next In NCAA Basketball Probe

    Federal prosecutors got their first major trial win in a sprawling probe into corruption at FIFA with the recent conviction of two of three defendants, a result some experts say could foreshadow what will happen in the developing corruption investigation into college basketball in the U.S.

  • January 5, 2018

    No Prison Yet, Restitution Reduced For Bitcoin Fraudsters

    A New York federal judge on Friday shrunk the restitution ordered against three men sentenced to prison for a bitcoin scheme that led to the failure of a small credit union, while two of them were given permission to remain free until the Second Circuit gets a chance to consider their bail.

Expert Analysis

  • Lead Paint As A Public Nuisance In California

    Jules Zeman

    Last month, the California Sixth District Court of Appeal upheld portions of a public nuisance action against paint companies for selling lead-pigment paint in the decades prior to 1950 while knowing of its toxicity. The ruling's extraordinarily expansive use of public nuisance law circumvents the traditional burdens, limitations and protections of product liability jurisprudence, says Jules Zeman of Dentons.

  • Series

    40 Years Of FCPA: Highlights From The 1st Corporate Trial

    Robert Feldman

    The Foreign Corrupt Practices Act case of U.S. v. Harris Corp. was tried in March 1991 — so long ago that pretty much only the parties and counsel remember it. With a smile, I’ve just about given up correcting people who say their case is "the only FCPA case ever to be tried,” says Robert Feldman of Quinn Emanuel Urquhart & Sullivan LLP.

  • Plavix Ruling Raises Learned Intermediary Questions

    Stefanie Colella-Walsh

    A federal judge in New Jersey recently granted summary judgment to drug manufacturers in a lawsuit alleging that Plavix caused gastrointestinal bleeding. The multidistrict litigation court, sitting in New Jersey, applied California's learned intermediary doctrine, but may not have reached the same conclusion had it applied New Jersey law, say Stefanie Colella-Walsh and Martin Schrama of Stark & Stark.

  • How Lying To The US Government Can Land You In Jail

    Wilfredo Ferrer

    Michael Flynn, George Papadopoulos and many others have not been charged with the crimes for which they were being investigated. The reasons why prosecutors make charging decisions are complex and case-specific. Regardless, the extraordinary scope of Section 1001 can easily ensnare the unwary, say Wifredo Ferrer and Michael Hantman of Holland & Knight LLP.

  • The Billing Evolution: How Far Along Is Your Firm?

    Sharon Quaintance

    In a recent study, 20 out of 25 law firms surveyed have made billing process improvement a top priority for 2018. Firms can foster consistency and increase efficiency at all stages of their billing cycle by focusing on a few specific procedures, say Sharon Quaintance and Christine Indiano at HBR Consulting.

  • Series

    What I Learned In My 1st Year: Seeing The Big Picture

    John Bartlett.jpg

    When I started at the law firm where I still practice today, I discovered that very often the task at hand required not my razor-sharp analysis of the law, but my ability to read the motivations and meet the needs and expectations of actual human beings — whether through intellect, instinct, intuition or personal experience, says John Bartlett of Stites & Harbison PLLC.

  • 10 Tips For Effective Practice Before The 5th Circ.

    Justin Woodard

    The Fifth Circuit is among the busiest federal circuit courts in the country. What can you do to increase your chances of reaching oral argument? And if given the opportunity, how can you present a persuasive argument? Former Fifth Circuit clerk Justin Woodard, an associate at Jones Walker LLP, shares some advice.

  • Preparing Your Company Witnesses For The Gotcha Question

    Matthew Keenan

    Catching a witness flat-footed on an important topic is no longer confined to cable news, and corporate legal defenses can likewise die when witnesses profess ignorance on things that jurors believe they should know. However, employing some common sense tools can minimize potential harm, says Matthew Keenan of Shook Hardy Bacon LLP.

  • Series

    Judging A Book: Saris Reviews 'Locking Up Our Own'

    Judge Patti Saris

    Having just completed a six-year term as chair of the U.S. Sentencing Commission, I read Yale Law School professor James Forman's new book, "Locking Up Our Own: Crime and Punishment in Black America," with particular interest, says Judge Patti Saris, chief judge for the U.S. District Court for the District of Massachusetts.

  • The Propriety Of Prosecutorial Bluffing

    Mark Mermelstein

    Imagine a prosecutor says that she is prepared to charge your client with a crime and, if convicted, he will most likely get seven years in custody. But if he pleads guilty today, she explains, the most he will get is one year. Do you recommend your client take the deal? The prosecutor could be bluffing, say Mark Mermelstein and Stephanie Albrecht of Orrick Herrington & Sutcliffe LLP.