• March 13, 2017

    Ark. Parents Get $46.5M For Failure To Treat Baby's Jaundice

    An Arkansas jury has awarded $46.5 million to the family of an infant who suffered brain damage after finding that doctors at a hospital were negligent by failing to undertake procedures to prevent the child’s skin condition from worsening.

  • March 13, 2017

    Bond Insurers Chide JPMorgan At Kickoff Of RMBS Trial

    The JPMorgan Chase & Co. portfolio manager for a pair of complex investment vehicles faced tough questions Monday over why he and his team kept investors in residential mortgage-backed securities during the financial crisis to ultimately lose more than $1.4 billion.

  • March 13, 2017

    Jury Considers Bitcoin Bribery Suspects' Ties To NYC Venue

    Jurors deliberating bribery and fraud charges against a New Jersey pastor and a Florida tech expert accused of scheming to turn bitcoin-dollar exchange into a money laundering haven asked a Manhattan federal judge Monday how they should assess the defendants' legal ties to their New York City trial venue.

  • March 13, 2017

    Judge Skeptical Of FDA Fraud In Meningitis Murder Trial

    A federal judge in Massachusetts said at the close of evidence Monday that he would let a jury decide whether a pharmacist committed murder by selling drugs that killed 64 people, while also signaling skepticism about charges that he defrauded the U.S. Food and Drug Administration.

  • March 13, 2017

    Northrop Execs' DQ Bid In ERISA Case Called 'Hail Mary'

    Lawyers for the Northrop Grumman Corp. employees suing executives for ERISA violations in California federal court on Friday skewered the opposing side’s bid to decertify the class or disqualify counsel in a related action as “a Hail Mary attempt to avoid trial.”

  • March 13, 2017

    Chipotle Workers Say FLSA Trial Delay Might Shrink Class

    Chipotle employees accusing the company of wage and hour violations on Friday slammed the company’s bid to delay an upcoming Minnesota federal court trial since any further delays in the case might cause class members, many of whom are low-wage earners, to “disappear.”

  • March 13, 2017

    Two Ex-PSU Admins Plead Guilty In Sandusky Cover-Up

    Two former Penn State University administrators pled guilty Monday to child endangerment charges stemming from the Jerry Sandusky sexual abuse scandal, avoiding a trial that was scheduled for later this month.

  • March 13, 2017

    Plaintiffs Bar Perspective: Susman Godfrey's Mark Wawro

    For both sides, the most compelling case will be one that tells a good story. It’s just harder for the defendant to set the stage for the story, says Mark Wawro of Susman Godfrey LLP.

  • March 10, 2017

    Last Ups At Hand In Cuban Ballplayer Smuggling Trial

    The federal trial of baseball agent Bartolo Hernandez and athletic trainer Julio Estrada over Cuban ballplayer smuggling has entered the ninth inning, with federal prosecutors and defense counsel warming up for closing arguments after witness testimony wrapped Friday without Hernandez taking the stand.

  • March 10, 2017

    Fed. Circ. Affirms AT&T Trial Win In Enovsys Patent Suit

    The Federal Circuit on Friday affirmed a California federal court’s invalidation of the asserted claims of a Enovsys cellphone privacy technology patent asserted against AT&T, rejecting arguments that the claims were wrongly construed and that certain evidence of infringement was wrongly excluded.

  • March 10, 2017

    Whirlpool Wins $7.6M Jury Award Over Water Filter IP

    A Texas federal jury awarded Whirlpool Corp. $7.6 million in damages Friday, finding that TST Water LLC had willfully infringed on a patent for refrigerator water filters.

  • March 10, 2017

    Star Dewey Cooperator Tells Of 'Master Plan' To Con Banks

    The highest ranking Dewey & LeBoeuf LLP staffer to plead guilty in the Manhattan district attorney’s case accusing the law firm’s top executives of an accounting fraud scheme on Friday told jurors of the “master plan” to falsely inflate Dewey’s income, and said that the firm’s chief financial officer was in on the scam.

  • March 10, 2017

    Pastor In Bribery Trial Can't Be Trusted, Feds Say

    Prosecutors in the bribery and fraud trial of a New Jersey pastor and a bitcoin consultant told a Manhattan jury on Friday not to “trust a single word” said by the pastor, rounding out closing arguments by saying “corruption permeated the case.”

  • March 10, 2017

    Corzine Takes A Few Hits In $2B PwC Malpractice Scrap

    Jon S. Corzine, the former CEO of the now-defunct MF Global, was at the receiving end of a couple of sharp jabs just before the bell on Friday as he testified in a New York federal court in a $2 billion malpractice suit against PricewaterhouseCoopers, admitting none of the reasons Moody’s downgraded MF Global’s rating was the auditors’ fault.

  • March 10, 2017

    Food Tray Co. Tells 3rd Circ. $3M Award Should Stay Nixed

    A food tray supplier on Thursday asked the Third Circuit to uphold a decision that tossed a $3 million jury award against it on claims it breached a contract and lured away customers from a distributor, saying the lower court was right to determine Roberts Technology Group Inc. had misled the jury when estimating its losses.

  • March 10, 2017

    Texas Justices Take Up Med Mal Case Attacking Jury Charge

    The Texas Supreme Court said Friday it will review a medical malpractice suit accusing a doctor of botching a hysterectomy, a case that may determine whether a trial judge’s broad jury charge purportedly incorporating multiple theories of liability improperly influenced a jury.

  • March 10, 2017

    Brazilian Soap Star Gets $1.2M Verdict Over Botched Face

    Brazilian actress Rita Guedes has won a $1.2 million verdict by a California jury in her malpractice suit against a Beverly Hills plastic surgeon over a botched dermal filler procedure and repair that wound up making her face look swollen and costing her work.

  • March 10, 2017

    Jury Sides With Health Care CEO In Merger Spat

    The former CEO of a chain of behavioral health clinics and the company that he merged with dodged a shareholder suit on Friday when a Massachusetts federal jury found that the class of disgruntled investors didn’t suffer an economic loss caused by a breach of fiduciary duty.

  • March 9, 2017

    Corzine Stands By Bond Bet Prior To MF Global’s Collapse

    Jon S. Corzine, the former New Jersey governor and U.S. senator who presided over the demise of MF Global, told a New York federal jury hearing a $2 billion malpractice suit against PricewaterhouseCoopers Thursday that the investment firm never lost money on the $6.3 billion in European sovereign bonds long blamed for its collapse.

  • March 9, 2017

    Wal-Mart Worker Gets $5.5M Verdict In Retaliation Suit

    A Connecticut federal jury on Wednesday found that Wal-Mart retaliated against an employee after he complained about race discrimination and awarded punitive and noneconomic damages of $5.5 million, a figure the worker’s attorney estimates is a record in the state.

Expert Analysis

  • Don't Overlook Pleading Challenges In State Pharma Suits

    John DeBoy

    The U.S. Supreme Court’s Twombly and Iqbal decisions released a torrent of challenges to the sufficiency of plaintiffs’ pleadings in federal court, including in pharmaceutical product liability cases. This strategy has been less common in state courts, but it can help pharmaceutical defendants narrow the scope of litigation and educate the court on important issues, say John DeBoy and Annie Wang of Covington Burling LLP.

  • Law Firm Margin Improvement: The Long Game

    Jack Diggle

    For all the lessons learned since 2008, it's surprising that margin management remains so tactical, rather than an ongoing strategic endeavor, for law firms. The firms that will survive and thrive must invest in ongoing margin-improvement capability, which will combine enhanced business- and change-management skills and take a long-term view to drive out the more difficult changes, says Jack Diggle of Elevate Services Inc.

  • Drafting Contracts In California? Watch DisputeSuite V. Score

    Louie Castoria

    Fee-shifting statutes sometimes encourage litigation, as in certain consumer protection and civil rights contexts, but the scope of one such law’s fee awards to “prevailing parties” in contract disputes may soon be redefined in a case heard last week by the California Supreme Court, says Louie Castoria, co-managing partner in the San Francisco office of Kaufman Dolowich & Voluck LLP.

  • Talking 'Bull': Episode 13, The Fall

    Roy Futterman

    In this weekly column, real-life New York City jury consultant and psychologist Roy Futterman parses fact from fiction in "Bull," the new TV series airing on CBS about a fictional NYC jury consultant/psychologist. Spoiler alert ...

  • Justice Gorsuch And Product Liability Litigation

    Eric Wolff

    What does the nomination of Judge Neil Gorsuch for the U.S. Supreme Court mean for product liability litigation? His Tenth Circuit record suggests that, if confirmed, he may have a significant effect on issues including admissibility of expert testimony, federal preemption and personal jurisdiction, says Eric Wolff of Perkins Coie LLP.

  • 2017 Check-Up: Is Your Law Firm Positioned For Success?

    William G. Johnston

    Over the next few weeks, a slow trickle of news about one measure of law firm success — law firm financial results — will gradually become a flood as more firms open up about their performance in 2016. Law firm leaders would be wise to focus on nine factors that determine success, says law firm management consultant William Johnston.

  • The Missing Key To 3rd-Party Litigation Funding

    Tripp Haston

    Unlike other forms of commerce and unlike in other nations, litigation investment and funding in the U.S. is largely unregulated with few disclosure requirements. Where darkness exists, ignorance and mistrust breed. Disclosure and transparency in litigation investment and funding is the first and proper step to better understand this opaque dynamic in the U.S. civil justice system, says Tripp Haston of Bradley Arant Boult Cummings LLP.

  • Biomarker Exposure Tests Will Revolutionize Toxic Torts

    Giovanni Ciavarra

    Some product liability cases are tough to resolve because of uncertainty over durations or amounts of toxic exposure. But advances in molecular biology are leading to tests for biomarkers of exposure to asbestos, benzene, cigarette smoke and other substances. Such evidence may be important for both plaintiffs and defendants, say Giovanni Ciavarra of Innovative Science Solutions LLC and and Kirk Hartley of LSP Group LLC.

  • Ohio: A New Hot Spot For Pricing Litigation

    Stephanie Sheridan

    California may grab the spotlight, but Ohio should not be overlooked as a high-risk area for pricing litigation. Recent cases filed in the Buckeye State against Visionworks, Michaels, Jos. A. Bank, Hobby Lobby, My Pillow and other retailers showcase Ohio's emergence as a popular venue for challenges to a wide variety of pricing practices, say Stephanie Sheridan and Meegan Brooks of Sedgwick LLP.

  • The 5th Amendment's Essential Role In Offshore Audits

    Michael DeBlis III

    The Fifth Amendment is normally associated with criminal proceedings and the prohibition against self-incriminating testimony. However, its protections also apply in some other matters, such as contempt of Congress. More importantly for tax law purposes, there is a documentary production privilege, and there is a trio of cases that flesh out this concept, says Michael DeBlis III of DeBlis Law.