Trials

  • January 4, 2017

    Littler Adds Employment Litigator From Jackson Lewis

    Littler Mendelson PC has added an employment litigator previously with Jackson Lewis PC as a shareholder in its Minneapolis office, the firm has announced.

  • January 4, 2017

    Ex-Trader To Start 2nd Trial Over $2.26M RMBS Fraud

    A former Jefferies & Co. bond trader will step back into the New Haven, Connecticut, courtroom where he was convicted in 2014 of a $2.26 million trading fraud Thursday morning, starting a fresh trial in a case that could determine the level of criminal blame traders bear for misstatements.

  • January 4, 2017

    Del. Hospital Can't Nix New Trial In Wrongful Death Case

    A Delaware hospital can’t escape a new trial in connection with a wrongful death suit because the medical center’s jury instructions in the first trial were confusing, a state appeals court has concluded.

  • January 3, 2017

    J&J Gets $1B Damages Cut In Half In Hip Verdict

    A Texas federal judge on Tuesday slashed nearly in half the more than $1 billion in punitive damages a jury awarded to plaintiffs who claimed Johnson & Johnson and subsidiary DePuy Orthopaedics Inc. rushed a faulty hip implant to market, prompting the plaintiffs to appeal.

  • January 3, 2017

    Anthem Expert Faces Cold Bench At Merger Trial

    A Princeton University economist claiming Anthem Inc.’s $54 billion merger with Cigna Corp. won’t harm competition in the health insurance market met a cool reception Tuesday from a D.C. federal judge, who appeared skeptical of his analysis about market concentration during a bench trial.

  • January 3, 2017

    Arctic Cat Adds $1M More To $48M Patent Win

    A Florida federal judge on Tuesday added almost $900,000 to a $48.5 million judgment against Sea-Doo maker Bombardier and set the ongoing royalty rate for using ATV maker Arctic Cat's patented steering technology at twice what jurors recommended.

  • January 3, 2017

    Jury Verdict Upheld In Amgen Cholesterol Drug Patent Row

    An effort by drugmaker Sanofi to reverse a March jury verdict upholding cholesterol drug patents held by rival Amgen died Tuesday when a Delaware federal judge denied Sanofi’s motions for judgment as a matter of law and for a new trial.

  • January 3, 2017

    Ex-AT&T Exec Can't Boost Damages From Discrimination Win

    A longtime AT&T customer service executive allegedly fired for his age is not entitled to $288,000 in liquidated damages on top of the $370,000 award he won at a jury trial in January 2016, a Pennsylvania federal judge has ruled.

  • January 3, 2017

    Oil Futures Trader Gets 10 Years For $1.4M Ponzi Scheme

    A Texas federal judge on Tuesday sentenced a New York-based oil futures trader to 10 years in prison for orchestrating a Ponzi scheme in relation to his operation commodity pool, which took more than $1.4 million from investors.

  • January 3, 2017

    1st Circ. Again Revives Boston Cops' Discrimination Suit

    A reasonable jury could find that the city of Boston discriminated against police officers by using a drug test that was more likely to yield false positives for black people, the First Circuit ruled last week.

  • January 3, 2017

    Lighting Distributor Wants Just 1-Year Fraud Sentence

    A lighting distributor who copped to a role in a $5 million fraud and kickback scheme in which contracts for LED light fixtures at Miami International Airport were directed to a single company in exchange for a share in the proceeds asked a federal judge on Tuesday to sentence him to just a year and a day, pointing to his cooperation, his intention to satisfy restitution and his family obligations.

  • January 3, 2017

    4-Year Mortgage Fraud Sentence Will Stand, DC Circ. Says

    The D.C. Circuit has affirmed the conviction and four-year sentence of a former paramedic trainer for mortgage fraud linked to a plan to open medical group homes, saying the trial court did not abuse its discretion in shooting down efforts to undermine a cooperating witness’s credibility.

  • January 3, 2017

    Ex-Pa. Rep. Fattah Pushes To Avoid Jail During Appeal

    Ex-Rep. Chaka Fattah is pressing the Third Circuit to delay the start of his 10-year prison sentence while he pursues what he expects will be a fruitful appeal over the dismissal of a juror who was found to have stymied deliberations only half a day after his corruption trial closed.

  • January 3, 2017

    1st Circ. Won't Revive FCA Suit Against Medtronic Unit

    The First Circuit last month upheld the dismissal of a False Claims Act suit against a Medtronic subsidiary, signaling concern that allowing the medical device fraud case to proceed to trial could allow a jury to usurp the U.S. Food and Drug Administration's regulatory power.

  • January 3, 2017

    Mintz Levin Lifer Jumps Ship For Rubin & Rudman

    Rubin & Rudman LLP has snagged a 27-year veteran of Mintz Levin Cohn Ferris Glovsky & Popeo PC who has worked in securities and real estate to co-head its litigation department, it said on Sunday.

  • January 2, 2017

    White Collar Cases To Watch in 2017

    The coming months will provide a glut of trials and enforcement cases to watch as federal prosecutors attempt to broaden foreign bribery liability, navigate a new public corruption landscape, shield corporate monitorships and convince juries that some bond sales practices are crimes.

  • January 2, 2017

    Illinois Cases To Watch In 2017

    Illinois garnered national attention for several cases before Prairie State federal judges in 2016, but 2017 promises several rulings that bring the impact closer to home.

  • January 2, 2017

    Trials To Watch In 2017

    Trial watchers will have plenty to choose from heading into 2017, including a reprise of the Dewey & LeBoeuf LLP drama, a criminal fraud trial against former Turing Pharmaceuticals CEO Martin Shkreli, and a continuing stream of trials over General Motors' allegedly defective ignition switches.

  • December 23, 2016

    Texas Justices Take Up Construction Defect Coverage Case

    The Texas Supreme Court  agreed Friday to review a lower court's decision putting Great American Insurance Co. on the hook for a judgment against a policyholder in a construction defect lawsuit, a case that will test the scope of the high court's precedential ruling requiring that an insured's damages result from a fully adversarial trial.

  • December 23, 2016

    Chicago Alderman Pleads Not Guilty To Bribery Charges

    Chicago Alderman Willie Cochran plans to fight charges he accepted bribes and looted a charity fund for his ward, his attorney said at Cochran’s first appearance in Illinois federal court, adding that his client has no plans to step down while his case is pending.

Expert Analysis

  • The Personal Benefit Test Post-Salman

    Daniel J. Kramer

    In its first opinion addressing the scope of insider trading liability in nearly 20 years, the U.S. Supreme Court limited its holding in Salman to gifts to friends or relatives, providing little clarity about the scope of the personal benefit requirement outside of that context, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • Post-Trial Motions Can Be Key To California Appeals

    David Axelrad

    After an adverse judgment in California state court, litigants often wonder if they must bring post-trial motions in the trial court before pursuing an appeal. Such motions are not required in order to raise errors of law on appeal, but are required to seek appellate review of jury misconduct or new evidence, and might be useful for other reasons, says David Axelrad of Horvitz & Levy LLP.

  • Philip Hirschkop: Quietly Making Noise For 50 Years

    Randy Maniloff

    The first paragraph of Philip Hirschkop’s obituary is going to contain the word "Loving." That’s undeniable. But many of Hirschkop’s other cases are just as groundbreaking in their own right. They aren’t household names like Loving, but they have affected millions in the nation’s households, says Randy Maniloff of White and Williams LLP.

  • Bravo-Fernandez: Did The Court Incentivize Overcharging?

    Justin V. Shur

    The unanimous decision by the U.S. Supreme Court in the case of Juan Bravo-Fernandez and Hector Martinez-Maldonado v. United States appears to be a setback for criminal defendants, potentially providing prosecutors with another incentive to charge overlapping counts based on a single predicate offense, say Justin Shur and Lisa Bohl of MoloLamken LLP.

  • Dying Declaration Affidavits In Asbestos Suits: A Case Study

    Kevin Hadfield

    In asbestos litigation, a plaintiff’s sole evidence of product identification may take the form of an affidavit created shortly before the claimant passes away. But these affidavits are problematic for defendants, principally because the affidavits are frequently created in the short window between a litigant’s diagnosis and his death, which may predate the filing of suit, says Kevin Hadfield of Manion Gaynor & Manning LLP.

  • Can A Yankees Fan Get A Fair Trial In New England?

    Daniel E. Wenner

    Rhode Island, which has no Major League Baseball team of its own, is basically part of Red Sox nation. So what happens when a defendant is tried for bank fraud in Rhode Island before a jury that learns that he’s a Yankees fan? Day Pitney LLP partner and former federal prosecutor Daniel Wenner reviews the case.

  • Rakoff Addresses Tippee Liability In SEC V. Payton

    Jonathan E. Richman

    U.S. District Judge Jed Rakoff in U.S. Securities and Exchange Commission v. Payton recently denied a motion for a new trial by two remote tippees found guilty of insider trading. An interesting aspect of the decision is the court’s treatment of whether the tippees knew or should have known that the tipper had breached his duty of confidentiality, says Jonathan Richman of Proskauer Rose LLP.

  • Payala V. Wipro Offers Effective Class Litigation Strategy

    John Skousen

    The Central District of California case of Payala v. Wipro Technologies recently addressed the issue of whether the administrative exemption applies to certain information technology administrators. Plaintiff attorneys often attempt to amalgamate IT jobs into one class action, but can face significant difficulties when seeking class certification, says John Skousen of Fisher & Phillips LLP.

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.

  • And Now A Word From The Panel: MDL Venue Choices

    Alan Rothman

    A critical — and arguably the least predictable — facet of the Judicial Panel for Multidistrict Litigation's practice is the selection of the venue for a new MDL proceeding. In this installment of his bimonthly series on the panel, Alan Rothman of Kaye Scholer LLP looks at the panel’s reasoning for its selection of particular venues, as well as arguments advanced by the parties, over the past year.