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  • November 5, 2018

    Citizenship Question Could Imperil 2020 Census, Court Told

    A coalition of state attorneys general and immigrant-rights advocates launched a statistical broadside against the Trump administration’s plan to add a citizenship question to the 2020 census on Monday, putting survey experts on the stand to say why such a move would be unreasonable, unwise and possibly illegal.

  • November 5, 2018

    Calif. Jury Finds Hospital Negligent Over Unborn Baby's Death

    A California jury has awarded $590,000 in a suit accusing a doctor and hospital of causing an unborn baby’s death due to a delayed order for an emergency cesarean section, after finding the hospital was negligent but clearing the attending physician of medical malpractice.

  • November 5, 2018

    Ex-Akebia Statistician Gets 3 Years For Insider Trading

    A former Akebia Therapeutics Inc. statistician convicted of swapping confidential information with a buddy working for Merrimack Pharmaceuticals Inc. was sentenced to three years in federal prison Monday after a contentious process that saw him land behind bars multiple times for defying court orders.

  • November 5, 2018

    BakerHostetler Snags 2 Katten Muchin Commercial Litigators

    BakerHostetler has boosted its New York office with the addition of two Katten Muchin Rosenman LLP trial attorneys who have worked together for more than two decades in areas including real estate, hospitality, media and financial services.

  • November 5, 2018

    NJ Atty Suspended After Conviction For Obstructing Justice

    The New Jersey Supreme Court has handed down a three-year retroactive suspension to the ex-general counsel of a bogus timeshare consulting business, based on his criminal conviction in federal court for attempting to influence witnesses and lying to prosecutors ahead of a trial against company executives.

  • November 5, 2018

    Tata 'Benched' US Workers, Jury Told As Bias Trial Opens

    A certified class of Tata Consultancy Services Ltd. workers told a jury during the opening of a California federal trial Monday that the information technology outsourcing agency discriminates against non-South Asians by systemically "benching" them from projects before firing them, while Tata's counsel characterized the workers as high-paid relief pitchers, who were let go for being difficult to work with.

  • November 5, 2018

    Jury Picked For Ex-Drug Co. CFO's Securities Fraud Trial

    A jury of seven women and five men was seated Monday in Boston for a two-week civil case to determine whether Aveo Pharmaceuticals' former chief financial officer misled investors about the likelihood of a cancer drug approval by concealing that the U.S. Food and Drug Administration had recommended a second clinical trial.

  • November 5, 2018

    2nd Circ. Affirms 15-Year Term For Insurance Scam Ringleader

    The Second Circuit affirmed Monday a 15-year sentence for the convicted ringleader of a scheme to defraud insurance companies out of millions in payments for unnecessary medical treatments, rejecting arguments that he had been prosecuted for the same misconduct twice.

  • November 5, 2018

    Supreme Court Rejects Ex-InterMune CEO's Conviction Appeal

    The U.S. Supreme Court on Monday turned down a petition from a former InterMune Inc. executive convicted of wire fraud that looked at whether a court could reverse a conviction based on actual innocence, rather than a change in law or compelling new evidence.

  • November 5, 2018

    Boies Schiller Stuck On Express Scripts Breach Trial

    Boies Schiller Flexner LLP must continue representing compounding pharmacies in an upcoming breach of contract trial against Express Scripts Inc., as a Missouri federal judge shot down the firm’s last-minute bid to ditch its clients.

  • November 5, 2018

    Sheriff's Capt. Avoids Jail For Aiding 'Codfather' Smuggling

    A former captain and driver for the Bristol County sheriff on Monday avoided jail time for his role in helping the notorious fishing magnate known as "the Codfather" smuggle cash to the Azores, as a Massachusetts federal judge sentenced him to probation and home confinement instead.

  • November 5, 2018

    2nd Circ. Nixes Ex-JPM Analyst's Insider Trading Conviction

    The Second Circuit reversed former JPMorgan Chase & Co. analyst Sean Stewart's insider trading conviction on Monday, saying the trial judge improperly blocked conflicting statements from Stewart's father, who prosecutors had on tape saying that Stewart handed him stock tips on a “silver platter.”

  • November 2, 2018

    High Court Denies Trump Bid To Halt '20 Census Question Trial

    A divided U.S. Supreme Court Friday denied a bid by the Trump administration to delay an upcoming trial over the inclusion of a citizenship question on the 2020 census, rebuffing a request to halt the proceedings while the justices consider the government's petition to curb discovery.

  • November 2, 2018

    DaVita Settles After $384M Verdict In Patient Danger Suits

    National dialysis chain DaVita Healthcare Partners Inc. has reached a settlement with the families of three patients who won a $384 million jury verdict in suits claiming their relatives died when DaVita knowingly used a dangerous solution during their treatment, according to a motion filed in Colorado federal court.

  • November 2, 2018

    Both Sides Decry 'Wolf' Of Racial Bias As Harvard Trial Wraps

    The closely watched trial of a lawsuit taking on Harvard University's affirmative action admissions policies, which could land before the U.S. Supreme Court and have a wide-ranging effect on college applications, closed Friday with the challengers saying the “wolf" of racial bias was at the school's front door and the university saying that wolf was targeting black and Latino students.

  • November 2, 2018

    Enviro Atty Bids For His Freedom Pending Ala. Bribery Appeal

    A former Balch & Bingham LLP environmental partner sentenced to five years for bribery has asked a judge to keep him out on bond pending appeal, while prosecutors said Thursday that shouldn't happen.

  • November 2, 2018

    High Court Clears Way For Kids' Climate Trial

    The U.S. Supreme Court late Friday lifted a stay on a suit lodged by 21 children accusing the federal government of pushing policies that will worsen climate change-related dangers, clearing the way for a landmark constitutional trial to begin in an Oregon federal courtroom but leaving room for the Ninth Circuit to potentially decide the case's future.

  • November 2, 2018

    Shuffle Tech Attys Want $19M In Fees After $315M Trial Win

    Shuffle Tech LLC has asked an Illinois federal judge for more than $19 million in attorneys' fees after a jury awarded the card shuffler maker $315 million on its claims that a competitor initiated sham patent litigation to shut it out of the market.

  • November 2, 2018

    8th Circ. Wants Partial Redo In Bike Rally TM Dispute

    The Eighth Circuit ordered a new trial Friday in a long-running fight over trademark rights revolving around Sturgis, the famous South Dakota motorcycle meetup.

  • November 2, 2018

    Judge Loath To OK Ex-NY State Senator's Binding Plea Deal

    Imprisoned former New York state Sen. John Sampson pled guilty Friday to embezzling from two foreclosure transactions during his 18-year statehouse tenure, but a Brooklyn federal judge declined to immediately accept his admission under a plea deal that cuts her out of what would be his second sentencing related to the 2008 thefts.

Expert Analysis

  • Guest Feature

    Tom Mesereau Talks MJ, Cosby, Unconventional Choices

    Randy Maniloff

    Tom Mesereau may be recently recognizable as one of the attorneys who defended Bill Cosby, but his biggest claim to fame is successfully defending Michael Jackson in 2005. On the eve of what would have been the King of Pop’s 60th birthday, Randy Maniloff, of White and Williams LLP, spoke to Mesereau about his unconventional path to a remarkable career.

  • Opinion

    High Court Must Correct La. Judge's Failure To Recuse

    George Eskin

    The U.S. Supreme Court should agree to hear Lacaze v. Louisiana, a case involving an egregious conflict of interest for a judge who presided over a capital case. It is an opportunity to remind judges to disclose their known connections to cases before them, and recuse themselves when necessary, says George Eskin, a retired California Superior Court judge.

  • To Stay Or Not To Stay: Considering The '5-Year Rule'

    Karin Bohmholdt

    In Martinez v. Landry Restaurants, a California state appeals court recently held that the time period during which a federal appeal from an order remanding a case to state court is pending should be included when calculating the “five-year rule” for bringing a case to trial. This shows that all counsel should consider whether to seek a stay of proceedings where the case crosses jurisdictional boundaries, says Karin Bohmholdt of Greenberg Traurig LLP.

  • Amgen Suit Shows Limitations Of Biosimilar Safe Harbor

    Julia Kolibachuk

    A Delaware federal court's ruling in Amgen v. Hospira last month may indicate a significant narrowing of the patent infringement exception for activities related to obtaining drug approval from the U.S. Food and Drug Administration, say attorneys at Paul Hastings LLP.

  • Fiduciary Best Practices Helped NYU Win ERISA Class Action

    Arthur Marrapese

    In Sacerdote v. New York University — the first university 403(b) employee retirement plan fee case to go to trial — a New York federal court recently ruled in favor of NYU. Arthur Marrapese of Barclay Damon LLP summarizes the university's fiduciary practices and explains how they helped it prevail at the trial level.

  • A New Approach To Industry Custom Evidence In California

    Alan Lazarus

    In its ruling last week in Kim v. Toyota Motor Corp., the California Supreme Court broke with decades of precedent and allowed a manufacturer to use evidence of compliance with industry practice to show a design was not defective. This is a surprising but welcome statement of flexibility and realism in product liability cases, says Alan Lazarus of Drinker Biddle & Reath LLP.

  • Q&A

    Back To School: Widener's Rod Smolla Talks Free Speech

    Rodney Smolla

    In this new series featuring law school luminaries, Widener University Delaware Law School dean Rodney Smolla discusses teaching philosophies, his interest in First Amendment law, and arguing before the U.S. Supreme Court in Virginia v. Black.

  • New Pass-Through Deduction Will Pass Over Many Lawyers

    Evan Morgan

    A few weeks ago, the IRS proposed regulations related to the Tax Cuts and Jobs Act's 20 percent deduction on qualified business income for pass-through entities. The guidance offers long-awaited clarity, but is mostly bad news for many law firms, says Evan Morgan of Kaufman Rossin PA.

  • How Reckless Judicial Impeachments Threaten Rule Of Law

    Jan van Zyl Smit

    Judicial impeachment fever seems to be spreading through the states, with West Virginia legislators recently voting to remove their state's entire Supreme Court, and lawmakers in Pennsylvania and North Carolina threatening the same. These actions are a serious threat to judicial independence, says Jan van Zyl Smit of the Bingham Centre for the Rule of Law.

  • Series

    Judging A Book: Fogel Reviews 'Good Judgment'

    Judge Jeremy Fogel

    In this time of partisan conflict over judicial selection, a new book by Canadian jurist Robert J. Sharpe —​ "Good Judgment" — represents a refreshing, deeply thoughtful departure from binary arguments about how and why judges make decisions, says U.S. District Judge Jeremy Fogel, director of the Federal Judicial Center.