Trials

  • June 12, 2017

    Philly Collapse Victim Needs Quick Payout, Atty Says

    The Philadelphia woman who was awarded $95.6 million in binding arbitration after losing the lower half of her body in the 2013 Center City building collapse asked a Philadelphia judge Monday to compel the payment of her share of the $227 million settlement, raising concerns about a likely delay.

  • June 12, 2017

    VMware Beats Phoenix’s $110M Software IP Suit At Trial

    A California federal jury on Monday cleared VMware Inc. of all claims it infringed Phoenix Technologies Ltd.’s software copyright and breached their licensing agreement, taking just four hours to end Phoenix’s $110 million suit following a nearly two-week trial.

  • June 12, 2017

    Iran Took Control Over Manhattan High-Rise, Cooperator Says

    A cooperating witness in the U.S. effort to seize a 36-story midtown Manhattan high-rise over violations of sanctions against Iran told federal jurors Monday that officials in Tehran's religious government began calling the shots in the early 1980s as to how the building should be operated after taking power in 1979.

  • June 12, 2017

    Minn. Court Says Evidence OK In Misdiagnosis Suit

    A Minnesota appeals court on Monday affirmed a jury verdict clearing a doctor of medical malpractice in connection with allegedly substandard treatment following a woman’s spinal surgery that purportedly contributed to her paraplegia, saying the trial judge did not err by allowing certain evidence at trial.

  • June 13, 2017

    CORRECTED: Boat Co. Dismissed On Trial's Eve After TC Heartland Battle

    Cobalt Boats agreed Sunday, on the eve of trial, to dismiss Sea Ray Boats from a suit alleging it and parent company Brunswick infringe a “retractable swim step” patent, two days after the Federal Circuit refused to direct a Virginia federal court to transfer the case.

  • June 12, 2017

    Bayer, Janssen Win 2nd Xarelto Bellwether Trial

    A New Orleans federal jury on Monday awarded a defense verdict to Janssen and Bayer in the second bellwether trial in multidistrict litigation over unstoppable bleeding allegedly caused by their blood thinner Xarelto.

  • June 12, 2017

    Supreme Court Won't Review $3.6M Asbestos Verdict Toss

    The U.S. Supreme Court Monday declined to hear an appeal in a series of Florida state court decisions overturning a $3.6 million jury verdict over alleged asbestos exposure on a Carnival Corp. cruise ship.

  • June 12, 2017

    4th Circ. Rejects Consol's 'Mark Of The Beast' Appeal

    The Fourth Circuit on Monday ruled that Consol Energy Inc. improperly passed judgment on an employee’s belief that using biometric hand scanners would tag him with the “mark of the beast” when it refused to accommodate him, letting stand a nearly $600,000 verdict saying that the worker was illegally forced to quit because he refused to use the scanners.

  • June 12, 2017

    Apple's Patent Loss Upped To $11M In IPhone Row

    Apple Inc. will have to pay nearly $11 million for its iPhones' infringement of a “polite ignore” feature, after a Delaware federal court Monday increased a jury's $3 million damages award and roundly rejected Apple’s attempts to overturn the verdict.

  • June 12, 2017

    Feds Say Philly DA Sensed Corruption Investigation In 2015

    Federal prosecutors suggested Monday that indicted Philadelphia District Attorney Seth Williams knew he was subject to a federal corruption investigation as early as 2015, arguing in a filing that he should be barred at his upcoming trial from introducing “self-serving statements” he made to a cooperating witness.

  • June 12, 2017

    Justices Reject $3M Ford Truck Defect Dispute

    A West Virginia couple whose $3 million design defect verdict against Ford Motor Co. was reversed by the Fourth Circuit because their case leaned too heavily on a single expert witness were refused U.S. Supreme Court review Monday.

  • June 12, 2017

    Ex-PSU Prez Fights Child Endangerment Conviction

    In a bid to win dismissal of his recent conviction on a misdemeanor count of child endangerment related to the Jerry Sandusky sex abuse scandal, ex-Penn State University president Graham Spanier has urged a judge to find that the charge was barred by a two-year statute of limitations.

  • June 12, 2017

    Mistrial Declared In First Androgel Bellwether

    The first attempt to bring AbbVie Inc. to trial over the allegedly hidden side effects of its testosterone replacement drug Androgel ended in a mistrial Monday after the lead plaintiff's attorney fell ill.

  • June 12, 2017

    Trial Consultants Q&A: Litigation Insights' Merrie Jo Pitera

    Along with the attorneys, we often feel like we’re trying to make lemonade out of lemons. But the most challenging aspect of our job is also the most exciting. Taking the same facts to tell our story in a way that connects with jurors’ attitudes and sensibilities, all while minimizing vulnerabilities, is truly rewarding, says Merrie Jo Pitera, CEO of Litigation Insights Inc.

  • June 9, 2017

    J&J Targeted Minorities With Deadly Talc, Jury Told

    Johnson & Johnson boosted talcum powder sales by targeting African-American women, who face a higher cancer risk from talc use, counsel for three women who died of ovarian cancer after using J&J’s products said during Friday opening statements in the latest Missouri jury trial over J&J’s talc products.

  • June 9, 2017

    Microsoft XBox Doesn't Infringe Patent, EDTX Jury Finds

    An Eastern Texas federal jury on Friday concluded that Microsoft Corp.'s XBox One services did not infringe a patent covering live video chat capabilities, and found that claims in Biscotti Inc.’s patent for the technology were invalid as obvious in light of prior inventions.

  • June 9, 2017

    GE Owes $131M Damages For Anesthesia Monopoly, Cos. Say

    Anesthesia businesses that won $43.8 million in an April jury verdict finding that General Electric Co. monopolized the sale and service of anesthesia machines asked a Texas federal judge Friday to bar GE’s anti-competitive practices and grant $131.4 million in trebled damages and $7.4 million in attorneys' fees.

  • June 9, 2017

    McDonald's Faces $750K OT Damages For Overnight Workers

    McDonald’s will likely have to pay about $750,000 for violating state overtime law with its handling of overnight shifts, but the fines may not climb much higher than that, according to a Friday tentative ruling in California state court that found the violations weren’t necessarily willful.

  • June 9, 2017

    Chicago Pol Wants Cellphone, Email Data Scrapped From Trial

    An indicted Chicago alderman asked a federal court on Friday to block information gathered from his cellphone and email accounts from being used against him at trial, saying that the government obtained the information from overly broad warrant requests or without a warrant at all.

  • June 9, 2017

    VMware Expert Says Phoenix IP Suit Worth $6M, Not $110M

    VMware’s damages expert testified Friday that the company would only owe $6.4 million if a California federal jury found it had infringed Phoenix Technologies’ software copyright, saying the $110 million that Phoenix’s economist had calculated was based on speculation, while she was focusing on “what happened in the real world.”

Expert Analysis

  • Federal Judges Are Tired Of 'Stock' Discovery Objections

    David Goldhaber

    With the latest amendments to the Federal Rules of Civil Procedure now behind us, federal court litigators should take stock of their “stock objections” and put them to rest. Several recent examples from federal courts make this abundantly clear, and state courts are sure to follow, say attorneys with Wilson Elser Moskowitz Edelman & Dicker LLP.

  • What Lawyers Should Know To Avoid Online Scams

    J. S. Christie Jr.

    Scams resulting in access to confidential information are probably a lawyer’s greatest technology and cybersecurity risk. But hackers are more likely to gain access to a lawyer’s computer systems through human error, usually responding to a scam, than a brute force attack, says J. S. Christie Jr. of Bradley Arant Boult Cummings LLP.

  • Herding Cats: Making The Most Out Of A Joint Defense Group

    Audra Dial

    Audra Dial, managing partner for Kilpatrick Townsend LLP’s Atlanta office, shares four strategies that she believes make multidefendant litigation more efficient — and ensure the joint defense group does not devolve into a leaderless group.

  • Negligent Undertaking Liability Only Goes So Far

    Michelle Yeary

    In Nelson v. Biogen, now before a federal court in New Jersey, the plaintiff's initial claims were preempted by state law. So he amended his complaint to add negligent undertaking, related to the defendants' contract with a government agency. It would represent an unprecedented expansion of liability to thereby create third-party negligence obligations to nonparties, says Michelle Yeary of Dechert LLP.

  • Web Servers: An Overlooked Cybersecurity Risk At Law Firms

    Jeff Schilling

    Many law firms use public-facing websites for business development and to streamline operational processes. While these sites are great for maximizing information-sharing, they could unknowingly be an unlocked gateway into a firm’s most confidential data, says Jeff Schilling of Armor Defense Inc.

  • The Mediator’s Proposal As A Tool For Litigants

    Dennis Klein

    Mediators’ proposals, which call for an unconditional and confidential acceptance or rejection, are resolving high-value disputes on a regular basis. Dennis Klein of Critical Matter Mediation examines why this is happening and the tactical implications for litigants in anticipating that a mediator’s proposal could resolve litigation.

  • Haeger V. Goodyear: Just Put The Cookie Back In The Jar

    Jeb Butler

    The U.S. Supreme Court's recent ruling in Haeger v. Goodyear illustrates how manufacturers and their lawyers get away with withholding evidence. If the chances of getting caught are low, and the penalty is merely that you go back to where you started, there is little incentive to play fair, says Jeb Butler of Butler Tobin LLC.

  • Expectations After The Trump Administration's First 100 Days

    Jim Flood

    In its first 100 days, the Trump administration has had mixed results and may be behind where it wants to be. The biggest threat to President Donald Trump’s domestic policy agenda beyond the first 100 days is the difficulty of reconciling the Freedom Caucus Republicans, moderate Republicans and Democrats, say Jim Flood and Cari Stinebower of Crowell & Moring LLP.

  • How Privilege Applies To Multinationals' In-House Counsel

    Devika Kewalramani

    How does attorney-client privilege apply to an international company with corporate legal departments at a U.S. parent and at foreign subsidiaries? When does it attach to communications between such entities? These questions were the subject of a recent decision by a New Jersey federal court. The court's opinion provides real-world guidance to both in-house and outside counsel, say attorneys from Moses & Singer LLP.

  • UK Product Liability Law Moves Toward US Norms

    Marilyn Moberg

    Metal-on-metal hip prosthesis litigation is still in its infancy in the United Kingdom, but a landmark English High Court decision in one such case adopts many of the product liability doctrines and principles that apply in the U.S. This is welcome news for manufacturers who sell medical products in the U.K., say Marilyn Moberg and Kathryn Bond of Reed Smith LLP.