Trials

  • 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 Coin.mx Bribery Trial Can't Be Trusted, Feds Say

    Prosecutors in the bribery and fraud trial of a New Jersey pastor and a Coin.mx 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.

  • March 9, 2017

    Ex-MLB Player Gamed $1.3M From CEO Pal’s Tips, Jury Hears

    Federal prosecutors on Thursday opened a California insider trading trial with claims former Baltimore Orioles player Doug DeCinces made $1.3 million from nonpublic merger tips about a friend’s medical device company, but the retired athlete’s attorney countered that the government's case hinged on a “biased and sloppy investigation.”

  • March 9, 2017

    Colo. Court Affirms Bulk Of $14.3M Med Mal Verdict

    A Colorado appellate court on Thursday largely denied a hospital’s bid to reduce a $14.3 million jury verdict finding a hospital liable for giving a wrong drug dosage that caused a baby’s brain damage, saying certain third-party health care benefits the baby received can’t be considered under state law.

  • March 9, 2017

    Paxton Prosecutors Want To Postpone Trial Till They're Paid

    Special prosecutors pursuing securities fraud charges against Texas Attorney General Ken Paxton who say they haven’t been paid in more than a year asked a Texas district judge to delay a May 1 trial until an appellate action challenging their pay structure wraps up.

Expert Analysis

  • 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.

  • When Smartphones Get The Blame For Driver Distraction

    Freddy Fonseca

    In Modisette v. Apple, the Superior Court of Santa Clara County, California, must decide whether a smartphone manufacturer has a duty to protect the public by preventing the use of certain applications while driving. But the plaintiffs — who allege that Apple's iPhone was defective because the company failed to implement a patented "lock out" feature — face an uphill legal battle, says Freddy Fonseca of Manion Gaynor & Manning LLP.

  • Affirmed: Pharmacies Are Not Liable For Drug Labeling

    Jaclyn Setili

    Plaintiffs in the Lipitor multidistrict litigation in the Eastern District of Michigan alleged that the risks of taking Lipitor were not properly disclosed, by either the manufacturer or their pharmacists. But under the Federal Drug and Cosmetic Act, a pharmacy has no authority to unilaterally change a drug’s label, says Jaclyn Setili of Reed Smith LLP.

  • Texas Roadhouse Age Bias Trial Shows Relevance Of ADEA

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    Discrimination class actions seldom go to trial, let alone pattern-or-practice hiring cases like the recent case U.S. Equal Employment Opportunity Commission v. Texas Roadhouse. The lawsuit's testimony gives us a rare, close-up look at the possible areas of disconnect between formal corporate equal employment opportunity policies and the actual, on-the-ground realities, say Paul Mollica and Jahan Sagafi of Outten & Golden LLP.

  • Opinion

    The Myth Of The Forceful Mediator

    Jeff Kichaven

    When mediators rely on force to get cases settled, it doesn’t work. It’s time to suggest more productive ways for top-gun litigators and top-flight mediators to engage, says Jeff Kichaven of Jeff Kichaven Commercial Mediation.

  • Why The Supreme Court Must Revisit Personal Jurisdiction

    Grant Esposito

    In recent decisions, the U.S. Supreme Court has distinguished between general personal jurisdiction and specific personal jurisdiction. The standards are clear, but the results they produce apparently remain troubling to some state courts. The high court’s rulings in BNSF Railway Company v. Tyrrell and Bristol-Myers Squibb Company v. Superior Court of California may provide more guidance, say attorneys from Morrison & Foerster LLP.

  • Gorsuch Would Lay McDonnell Douglas Test To Rest

    Alan Rupe

    The McDonnell Douglas test is to employment law what Socrates is to philosophy. And Judge Neil Gorsuch, now President Trump's nominee to fill Justice Antonin Scalia’s vacancy on the U.S. Supreme Court, is not a fan, say Alan Rupe and Jeremy Schrag of Lewis Brisbois Bisgaard & Smith LLP.

  • Miami-Dade Civil Justice Initiative Is A Welcome Project

    Etan Mark

    Florida's Eleventh Judicial Circuit Court's new pilot program will hopefully revitalize the world of civil litigation as well as the state of modern discovery, which has been described with words such as "morass," "nightmare," "quagmire," "monstrosity" and "fiasco," says Etan Mark of Berger Singerman LLP.

  • Opinion

    Love And Law In The Age Of Trump

    Kevin Curnin

    Love is not a subject that lawyers typically devote themselves to professionally. But as we witness this historic transition to a new administration, lawyers in particular are reminded that love is tied, however imperfectly, to our cherished founding ideals, says Kevin Curnin, president of the Association of Pro Bono Counsel.