A Missouri state judge on Wednesday upheld a jury’s $110 million verdict against Johnson & Johnson for allegedly selling ovarian cancer-causing products, saying the conduct on which the claims are based occurred in Missouri even though the woman who brought them is from Virginia.
Johnson & Johnson unit Ethicon was aware of potential complications related to a pelvic mesh product before its launch in 2005, company officials said in deposition testimony presented Wednesday to a New Jersey state court jury hearing claims that the business withheld such information from doctors.
A Utah federal judge on Wednesday held off on deciding whether to force arbitration on several dozen of the Wells Fargo account holders behind a proposed class action seeking more than $1 billion in damages from the California-based bank for opening accounts without customer approval.
A former South American soccer executive told jurors he was instructed to pay and keep track of bribe payments to several South American soccer officials, including three defendants currently on trial, while separately, one of the jurors was dismissed for sleeping as the FIFA corruption trial continued Wednesday in Brooklyn federal court.
A California federal judge blamed Uber’s deputy general counsel for a two-month delay of Waymo’s trade secrets trial over allegedly stolen self-driving car technology, saying in a hearing Wednesday that Uber’s failure to produce an ex-employee’s letter meant the lawyer may be “in trouble.”
Reza Zarrab told a Manhattan jury Wednesday that he initially was deemed too famous to work with a Turkish bank in its effort to launder billions of dollars of Iran oil profits, but the gold trader-turned-government witness said he solved that problem by sending massive bribes to a high-ranking Turkish politician.
A Los Angeles real estate investor who won a $38 million defamation award against a former business tenant who created websites comparing him to jailed Ponzi schemer Bernie Madoff asked the Ninth Circuit on Tuesday to overturn an Arizona federal court’s dismissal of his lawsuit against the tenant’s insurer.
A D.C. federal judge on Tuesday limited the testimony of several experts in the U.S. Postal Service's False Claims Act suit against former cyclist Lance Armstrong, saying experts can't claim the postal service received no benefits from the sponsorship as a result of doping allegations or speculate on USPS' knowledge of the scheme.
Federal prosecutors are seeking a 30-year prison sentence for Florida ophthalmologist Salomon Melgen, who was found guilty of overbilling Medicare by $32 million, telling the court Tuesday that a lengthy imprisonment is needed to account for his “truly horrific” crimes and to deter similar offenses.
The nation’s securities watchdog asked a New York federal judge on Tuesday not to dismiss its civil fraud claims against a former Nomura trader acquitted earlier this year on related criminal charges of exploiting counterparty opacity to inflate Nomura’s take.
An attorney for the Pennsylvania Turnpike Commission told the state’s Supreme Court on Wednesday that the state’s whistleblower law does not allow for noneconomic damages, in a bid to rescind half of a $3.2 million award granted to an employee who was fired for trying to expose the agency’s corrupt bidding practices.
The widow of John Steinbeck’s son fired back at a bid to keep her from talking to the press after a jury awarded Steinbeck’s late wife's daughter $13.15 million in a copyright infringement dispute over movie deals for “The Grapes of Wrath” and "East of Eden."
Members of the so-called Group of Six, an alliance of presidents within the South American soccer confederation CONMEBOL, responded to offers of bribes from sports marketing executives by consulting with one another to seek some kind of consensus rather than refuse individually, former Colombian Soccer Federation President Luis Bedoya testified on his second day on the stand in the FIFA corruption trial.
Johnson & Johnson unit Ethicon began selling a pelvic mesh product in 2005 without giving doctors a warning related to patient sexual intercourse, according to testimony Tuesday at a New Jersey state court trial over claims the device caused a woman debilitating pain.
A Tennessee federal court erred on the way to a $2.5 million jury verdict against a medical equipment provider over an elderly man’s death in a fire, the provider told the Sixth Circuit on Monday, arguing claims from the man’s son should’ve been dismissed and a new trial is warranted.
An Illinois appellate court said a $25 million settlement of a lawsuit over a yachting accident should go forward despite improper communication between a court clerk and the injured man’s attorney while the case was on trial, saying Monday the attorney’s behavior isn’t enough to torpedo the deal.
Prosecutors in the trial of ex-Katten Muchin attorney Evan Greebel blanketed the jury Tuesday with email exchanges with his notorious former client Martin Shkreli discussing numerous settlement agreements that prosecutors say were wrongly used to pay off deceived investors in Shkreli’s hedge funds with assets of Retrophin Inc.
A Libyan national accused of orchestrating the deadly 2012 attacks against a U.S. diplomatic mission in Benghazi, Libya, was convicted Tuesday on terrorism-related charges, but acquitted of murder charges, avoiding the death penalty.
A former executive of Gibraltar Private Bank & Trust has settled his suit against the company for allegedly firing him after he lodged complaints over another executive's alleged sexual harassment and noncompliance with banking laws.
A Turkish banker denied charges of building a massive scheme to dodge U.S. sanctions against Iran, telling a Manhattan jury Tuesday that Turkish-Iranian businessman Reza Zarrab is the one at the bottom of a “sewer” of lies who is cooperating with prosecutors so he can return to a “cushy lifestyle.”
While few depositions feature such entertaining colloquies by counsel as are found in Corsini v. U-Haul, obstructive conduct at depositions continues to run rampant in many circles. And courts are increasingly open to taking a greater role in policing improper conduct, say Mark Shifton and Mila Shtelmakher of Seiger Gfeller Laurie LLP.
Recent rule changes in the Commercial Division of the Supreme Court of New York are the latest of several efforts made to foster greater use of mediation and to institutionalize alternative dispute resolution, says Christopher Palermo, a litigation partner at Bleakley Platt & Schmidt LLP who serves on the Commercial Division Advisory Council.
Last month, the Federal Energy Regulatory Commission ruled that the New York State Department of Environmental Conservation waived its authority under the Clean Water Act by failing to either issue or deny a water quality certificate for a gas pipeline within the statutory time frame. The order signals that FERC will not countenance state inaction on pipeline projects, say attorneys with King & Spalding LLP.
The courts have come up with various ways of limiting the application of the "doctrine of equivalents" infringement theory. The Federal Circuit's recent decision in Jang v. Boston Scientific demonstrates an example of the ensnarement rule, says Alan Wang of Haynes and Boone LLP.
Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.
In the final part of this article, Marjorie McMahon Obod of Dilworth Paxson LLP addresses Federal Rule of Civil Procedure 30(b)(6) deposition tactics, such as preparing a designee, defending the deposition, and reviewing and finalizing the deposition transcript.
When a witness says one thing in a deposition, but later offers an affidavit directly contradicting the prior testimony, with no credible explanation, the U.S. Supreme Court has held that the affidavit should be disregarded. James Beck of Reed Smith LLP offers a survey of significant medical product liability cases in which both plaintiffs' experts and plaintiffs themselves have contradicted their own prior statements.
Federal Rule of Civil Procedure 30(b)(6) allows an employee to depose an employer that is a corporation, governmental agency or other organization. Marjorie McMahon Obod of Dilworth Paxson LLP examines the use of depositions under this rule when an employee has sued an employer for a violation of employment law.
In the 20 years since the U.S. Supreme Court endorsed the sham affidavit doctrine — precluding creation of “genuine” factual issues by witnesses contradicting their own previous testimony — it has been important in many medical product liability cases, and practitioners should be aware of significant examples, says James Beck of Reed Smith LLP.
Financial Crisis Anniversary
After nearly a decade of recession-accelerated change in the legal industry, “merit-based” compensation has largely come to mean measuring attorney success using some combination of origination and working attorney hours metrics. However, there are signs that the real impact of the recession is still around the corner, and that building a book isn’t enough, says Peter Zeughauser of Zeughauser Group.