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Trials

  • August 9, 2018

    Midtrial Toss Of Pa. Patient’s Acid Spill Suit Affirmed

    A Pennsylvania appeals court on Thursday upheld a trial judge’s decision to grant a midtrial win to a physician's assistant accused of negligently spilling acid on a child during a skin procedure, rejecting the patient’s argument that medical expert testimony was unnecessary.

  • August 9, 2018

    Ind. Panel Upholds Refusal To Allow Witness In Med Mal Trial

    An Indiana appeals court on Thursday affirmed a doctor’s trial win in a suit accusing him of negligently performing a surgery which ended in the patient's death, saying the patient’s father’s pretrial request to swap out his primary medical expert witness was properly denied.

  • August 9, 2018

    'Man-Purse And Some TLC' Sweetened $60K Bribe, Jury Told

    A key prosecution witness in the $20 million cash-for-investment bribery case against former union boss Norman Seabrook told a Manhattan jury Thursday that a designer man-purse and some friendly treatment soothed the defendant when he learned of his less-than-expected $60,000 alleged payout.

  • August 9, 2018

    Martoma Asks Full 2nd Circ. To Fix Insider Trading Rift

    Former SAC Capital Advisors LP manager Mathew Martoma asked the full Second Circuit to reconsider his insider trading appeal Wednesday, saying a recent split decision ignored U.S. Supreme Court rulings that passing tips to others is a crime only when the insider benefits.

  • August 9, 2018

    Manafort Judge Says His Dressing-Down Of Feds Was Wrong

    The case against Paul Manafort focused Thursday on allegations that he tricked banks into more favorable loans, but it kicked off with a mea culpa from the Virginia federal judge admitting he may have made a mistake. 

  • August 9, 2018

    Ugg Maker's Patent Upheld After $5.2M Jury Win

    A California federal judge issued a findings of fact order that favored Ugg maker Deckers Outdoor Corp. following a $5.2 million verdict that held Romeo and Juliette Inc. liable for infringing two design patents.

  • August 9, 2018

    Del. Judge Not Inclined To Reverse $82M IBM Patent Wins

    A federal judge in Delaware said he is inclined to stand pat on most of the jury verdicts and rulings that produced an $82.5 million award in late July against Groupon Inc. for infringing four early, e-commerce-related IBM Corp. patents.

  • August 9, 2018

    J&J Hip Implant Plaintiffs Seek $246M Judgment After Trial

    A group of New York plaintiffs that sued Johnson & Johnson and its orthopedics unit over allegedly defective hip implants has asked a Texas federal court for a nearly $246 million judgment in the bellwether case after a jury found the company liable for the defects and fraud.

  • August 9, 2018

    Ex-Pa. Rep. Fattah Wins Bribery Conviction Appeal

    The Third Circuit agreed on Thursday that the U.S. Supreme Court’s recent redefinition of federal bribery law meant that Ex-Rep. Chaka Fattah, D-Pa., should be retried on charges including allegations that he accepted gifts from a friend in exchange for attempting to secure him an ambassadorship.

  • August 8, 2018

    Nevada Let Controlled Burn Turn Into Wildfire, Jury Told

    Counsel for property owners impacted by 2016’s Little Valley Fire told a Nevada jury during Wednesday opening statements that it was the Nevada Division of Forestry’s decision to ignore its own plan and abandon a prescribed burn during high winds, causing the devastating wildfire.

  • August 8, 2018

    Manafort Wouldn't Have Noticed Embezzled Cash, Gates Says

    A prosecutor worked Wednesday to shore up cooperator Rick Gates' testimony against former Trump campaign chairman Paul Manafort in the face of attacks on Gates' credibility, in part by asserting to a Virginia federal jury that Manafort wouldn't have noticed that his business partner was skimming from their lobbying firm's revenue.

  • August 8, 2018

    Bowles Rice, Title Insurer Set For Trial In $41M Contract Row

    Bowles Rice LLP is headed to trial against a longtime partner, title insurer First American, after a federal court ruled Wednesday enough facts remain disputed about the law firm's share of blame around a $41 million settlement following the rocky construction of a coal power plant, whose title First American insured.

  • August 8, 2018

    Judge Slashes Jury Award By $2M After Victim's Father Dies

    A California federal judge on Wednesday trimmed $2 million from a jury’s $6.5 million wrongful death award in a suit that accused a Sacramento County sheriff’s deputy of fatally shooting an unarmed schizophrenic man, saying the death of the man’s father during trial warranted the reduction.

  • August 8, 2018

    Judge Slashes $15M From Pelvic Mesh Verdict Against J&J

    An Indiana federal judge Wednesday conditionally reduced a $35 million verdict against a Johnson & Johnson unit awarded to a woman who was found to have been harmed by a pelvic mesh device — saying if she didn’t accept a $15 million reduction she’d face a new trial on punitive damages.

  • August 8, 2018

    Manatt Asks Calif. Court To Toss Recruiter's $335K Trial Win

    Manatt Phelps & Phillips LLP urged a California appeals court Wednesday to find it doesn’t owe a legal recruiter $335,000 for connecting the firm with its now managing partner-elect, arguing a jury found the recruiter didn’t fulfill his deal with Manatt and there was no evidence that was the firm’s fault.

  • August 8, 2018

    Colo. HVAC Co. Hit With $1.7M Verdict Over Lack Of Permits

    A Colorado jury has rendered a $1.7 million verdict against Mile High Heating & Cooling, its owner and its manager after finding the company installed approximately 1,000 furnaces without obtaining building permits, the state attorney general said Wednesday.

  • August 8, 2018

    'Outercourse' Claim Fails In Stanford Sex Assault Appeal

    A California appellate court rejected a former Stanford University swimmer’s argument that his previous conviction for sexual assault with intent to commit rape should be overturned because he was only engaging in “outercourse,” ruling Wednesday that there was plenty of evidence that he had more than just “dry-humping” in mind.

  • August 8, 2018

    Jones Day Lands An IP Pro From Paul Hastings

    Jones Day has grabbed a “first chair litigator” in Silicon Valley from Paul Hastings LLP with nearly 20 years of experience in patent and technology work, the firm announced Monday.

  • August 8, 2018

    Arctic Cat, Bombardier Can’t Redo Snowmobile Patent Trial

    Bombardier and Arctic Cat each lost bids for a new trial in a snowmobile patent dispute when a Minnesota federal judge ruled Tuesday that there was sufficient evidence supporting a jury’s finding that Arctic Cat infringed one of Bombardier’s patents, and that the contested claims in two patents were invalid.

  • August 8, 2018

    Bribery Trial Judge Asks How $60K Cash Fits In 'Man-Purse'

    The Manhattan federal judge overseeing the bribery trial of former union boss Norman Seabrook was curious Wednesday about the $60,000 allegedly paid to Seabrook in exchange for a hedge fund investment, pressing a key witness on how that much cash could have been stuffed in a small-sized “man-purse.”

Expert Analysis

  • Opinion

    Law Schools Must Take A Stand Against Mandatory Arbitration

    Isabel Finley

    Later this week, Harvard Law students will begin bidding on interview slots with the nation’s top law firms. Our institutions owe it to their students not only to require firms to disclose mandatory arbitration provisions in new associate contracts, but also to bar employers from on-campus recruiting if they require these provisions, says Isabel Finley, a third-year student at Harvard Law School and president of the Harvard Women’s Law Association.

  • Series

    High Crimes And Misdemeanors: 'Manifest Injury' Is Key

    Barbara Radnofsky

    Under the U.S. Constitution, impeachment requires no charging of crime, no intent to do wrong and no lawbreaking. Rather, impeachment focuses on significance of effect. President Bill Clinton's 1998 impeachment was a clear demonstration of the differences between criminal and impeachment prosecution, says attorney Barbara Radnofsky.

  • Series

    High Crimes And Misdemeanors: A View From The #MeToo Era

    Elizabeth Rapaport

    The #MeToo movement has called attention to something that feminists avoided focusing on during the impeachment of President Bill Clinton — something the law is not very good at capturing. “Consent” may be obtained under varying kinds and degrees of coercive conditions. And it can be refused at a high cost, says Elizabeth Rapaport of the University of New Mexico School of Law.

  • Series

    High Crimes And Misdemeanors: Impeachment Isn't A Trial

    David O. Stewart

    The U.S. Constitution specifies that a president can only be impeached for “high crimes and misdemeanors.” A comparison of the two presidential impeachments to date suggests that the logistics of the process are fluid and unpredictable, says David O. Stewart, who was defense counsel during the U.S. Senate impeachment trial of Judge Walter Nixon.

  • Myths And Facts About Using TAR Across Borders

    John Tredennick

    Many legal teams involved in cross-border matters still hesitate to use technology assisted review, questioning its ability to handle non-English document collections. However, with the proper expertise, modern TAR can be used with any language, including challenging Asian languages, say John Tredennick and David Sannar of Catalyst Repository Systems.

  • The Lipitor MDL Court Did Its Job Correctly

    Eric Alexander

    Last month, the Fourth Circuit announced that it would not revive the the Lipitor multidistrict litigation. The court's decision was a welcome affirmation that, in excluding the plaintiffs' expert witnesses and weak testimony on causation, the MDL court had done exactly what it was supposed to, says Eric Alexander of Reed Smith LLP.

  • How Binding Is That 30(b)(6) Testimony?

    Steven Kramer

    Under the Federal Rules of Civil Procedure, a Rule 30(b)(6) witness gives testimony on behalf of a company and the general rule is the company cannot present facts that conflict with the testimony of its designee. But as the Tenth Circuit recently held in Snapp v. United Transportation Union, the general rule should not be overstated, says Steven Kramer of Eckert Seamans Cherin & Mellott LLC.

  • 2 Takeaways From The AT&T-Time Warner Ruling

    Nathaniel Wackman

    A D.C. federal judge's decision last month in United States v. AT&T contains important insights that will be influential well beyond the confines of the now-completed $85 billion merger between AT&T and Time Warner, say Nathaniel Wackman and Lee Van Voorhis of Jenner & Block LLP.

  • What The AbbVie Decision Says About Sham Patent Cases

    Leslie John

    The recent Pennsylvania federal court decision in Federal Trade Commission v. AbbVie is likely to have significant effects on antitrust cases challenging patent litigations as shams, say Leslie John and Stephen Kastenberg of Ballard Spahr LLP.

  • Roundup

    From Lawmaker To Lawyer

    From Lawmaker To Lawyer

    Earlier this year, Rep. Trey Gowdy, R-S.C., made headlines with his decision to leave Congress and return to law. ​​In this series, former members of Congress who made that move discuss how their experience on the Hill influenced their law practice.