Trials

  • January 5, 2017

    NJ Appeals Court Undos Reduction In $1M Malpractice Award

    A New Jersey appeals court on Thursday overturned and sent back a lower court ruling in a case over an alleged unnecessarily repeated eye surgery that reduced a roughly $1 million medical malpractice verdict to $200,000, saying there was no miscarriage of justice despite a confusing jury charge.

  • January 5, 2017

    Gas Co. Asks 8th Circ. To Reconsider Nixing $32.9M Award

    A natural gas transmission company urged the full Eighth Circuit on Wednesday to rehear a panel’s decision to toss a $32.9 million trial judgment over a violation of a natural gas transmission agreement, arguing the court erred when it said the case should be decided in state court because it dealt with federal law.

  • January 5, 2017

    DuPont Hit With $10.5M Punitive Verdict In Cancer Trial

    An Ohio federal jury awarded $10.5 million in punitive damages on Thursday to a man who said DuPont's chemical dumping caused his cancer, the largest punitive award yet in the multidistrict litigation.

  • January 4, 2017

    RJR, Philip Morris Win Reduction To Engle Damage Awards

    A Florida appeals court Wednesday reversed and remanded two suits with multimillion-dollar awards against R.J. Reynolds and Philip Morris over the deaths of two smokers, ordering the compensatory damages in both to be reduced in proportion with findings of the victims’ comparative fault.

  • January 4, 2017

    DuPont Urges Jury To Forgo Punitives After $2M Verdict

    Industrial conglomerate DuPont urged an Ohio federal jury Wednesday not to add punitive damages to the $2 million the panel recently awarded a cancer survivor who drank and bathed for years in water dirtied by the company’s Teflon manufacturing, disagreeing that decades of inaction constituted malice.

  • January 4, 2017

    Judge Won't Toss Expert In Zimmer Trial, But Trims Claims

    An Illinois federal judge on Wednesday largely declined to exclude a seasoned orthopedic surgeon’s testimony from the third bellwether trial in multidistrict litigation over Zimmer Inc. knee implants, but said the company was entitled to a quick win on allegations the patient didn’t address in opposing a summary judgment motion.

  • January 4, 2017

    Ex-Miami Official Seeks New Trial In SEC Fraud Case

    Miami's former budget director is challenging a federal jury's finding that he violated securities laws by helping the city with $38 million in improper transfers aimed at improving its bond rating, pointing to alleged flaws in the U.S. Securities and Exchange Commission's case against him.

  • January 4, 2017

    SpaceX Welder's Bid To Skirt Sex Bias Trial Loss Grounded

    A California judge on Tuesday denied a former SpaceX welder's request that he consider evidence that wasn't admitted to the jury that last year cleared the aerospace company on claims of sexual harassment and bias, saying he won't make a "sub rosa" contravention of the jury's finding.

  • January 4, 2017

    Young Law Inks Deal To Ditch Pa. Trademark Malpractice Suit

    Staving off a trial that was slated to get underway in Pennsylvania state court on Wednesday, the former Young Law Group PC has reached a deal to shed claims that it botched a trademark case it handled on behalf of a Lackawanna County stonework company.

  • January 4, 2017

    Judge Searches For Answers At Close Of Anthem-Cigna Trial

    A D.C. federal judge struggled Wednesday with what to make of Anthem Inc.’s claims that its $54 billion merger with Cigna Corp. will generate enormous medical savings for consumers, as a marathon bench trial of the government’s challenge to the mega-deal came to a close.

  • January 4, 2017

    Johnson Controls Gets Army Contract Dispute Pared

    A Virginia federal judge Wednesday pared back a contractor's lawsuit accusing Johnson Controls of botching a U.S. Army shelter project in Kuwait as a subcontractor, finding the agreement between the companies barred some claims while leaving most of the remainder intact on the eve of trial.

  • January 4, 2017

    Littler Adds Employment Litigator From Jackson Lewis

    Littler Mendelson PC has added an employment litigator previously with Jackson Lewis PC as a shareholder in its Minneapolis office, the firm has announced.

  • January 4, 2017

    Ex-Trader To Start 2nd Trial Over $2.26M RMBS Fraud

    A former Jefferies & Co. bond trader will step back into the New Haven, Connecticut, courtroom where he was convicted in 2014 of a $2.26 million trading fraud Thursday morning, starting a fresh trial in a case that could determine the level of criminal blame traders bear for misstatements.

  • January 4, 2017

    Del. Hospital Can't Nix New Trial In Wrongful Death Case

    A Delaware hospital can’t escape a new trial in connection with a wrongful death suit because the medical center’s jury instructions in the first trial were confusing, a state appeals court has concluded.

  • January 3, 2017

    J&J Gets $1B Damages Cut In Half In Hip Verdict

    A Texas federal judge on Tuesday slashed nearly in half the more than $1 billion in punitive damages a jury awarded to plaintiffs who claimed Johnson & Johnson and subsidiary DePuy Orthopaedics Inc. rushed a faulty hip implant to market, prompting the plaintiffs to appeal.

  • January 3, 2017

    Anthem Expert Faces Cold Bench At Merger Trial

    A Princeton University economist claiming Anthem Inc.’s $54 billion merger with Cigna Corp. won’t harm competition in the health insurance market met a cool reception Tuesday from a D.C. federal judge, who appeared skeptical of his analysis about market concentration during a bench trial.

  • January 3, 2017

    Arctic Cat Adds $1M More To $48M Patent Win

    A Florida federal judge on Tuesday added almost $900,000 to a $48.5 million judgment against Sea-Doo maker Bombardier and set the ongoing royalty rate for using ATV maker Arctic Cat's patented steering technology at twice what jurors recommended.

  • January 3, 2017

    Jury Verdict Upheld In Amgen Cholesterol Drug Patent Row

    An effort by drugmaker Sanofi to reverse a March jury verdict upholding cholesterol drug patents held by rival Amgen died Tuesday when a Delaware federal judge denied Sanofi’s motions for judgment as a matter of law and for a new trial.

  • January 3, 2017

    Ex-AT&T Exec Can't Boost Damages From Discrimination Win

    A longtime AT&T customer service executive allegedly fired for his age is not entitled to $288,000 in liquidated damages on top of the $370,000 award he won at a jury trial in January 2016, a Pennsylvania federal judge has ruled.

  • January 3, 2017

    Oil Futures Trader Gets 10 Years For $1.4M Ponzi Scheme

    A Texas federal judge on Tuesday sentenced a New York-based oil futures trader to 10 years in prison for orchestrating a Ponzi scheme in relation to his operation commodity pool, which took more than $1.4 million from investors.

Expert Analysis

  • Practice Arguments For Real Appeals

    Gerald Cope

    Oral argument time is short, so advocates must prepare well in order to make the most of it. Here, Gerald Cope Jr., co-chairman of of Akerman LLP's appellate practice and former chief judge of Florida's Third District Court of Appeal, shares recommendations for an effective moot court.

  • The Personal Benefit Test Post-Salman

    Daniel J. Kramer

    In its first opinion addressing the scope of insider trading liability in nearly 20 years, the U.S. Supreme Court limited its holding in Salman to gifts to friends or relatives, providing little clarity about the scope of the personal benefit requirement outside of that context, say attorneys with Paul Weiss Rifkind Wharton & Garrison LLP.

  • Post-Trial Motions Can Be Key To California Appeals

    David Axelrad

    After an adverse judgment in California state court, litigants often wonder if they must bring post-trial motions in the trial court before pursuing an appeal. Such motions are not required in order to raise errors of law on appeal, but are required to seek appellate review of jury misconduct or new evidence, and might be useful for other reasons, says David Axelrad of Horvitz & Levy LLP.

  • Philip Hirschkop: Quietly Making Noise For 50 Years

    Randy Maniloff

    The first paragraph of Philip Hirschkop’s obituary is going to contain the word "Loving." That’s undeniable. But many of Hirschkop’s other cases are just as groundbreaking in their own right. They aren’t household names like Loving, but they have affected millions in the nation’s households, says Randy Maniloff of White and Williams LLP.

  • Bravo-Fernandez: Did The Court Incentivize Overcharging?

    Justin V. Shur

    The unanimous decision by the U.S. Supreme Court in the case of Juan Bravo-Fernandez and Hector Martinez-Maldonado v. United States appears to be a setback for criminal defendants, potentially providing prosecutors with another incentive to charge overlapping counts based on a single predicate offense, say Justin Shur and Lisa Bohl of MoloLamken LLP.

  • Dying Declaration Affidavits In Asbestos Suits: A Case Study

    Kevin Hadfield

    In asbestos litigation, a plaintiff’s sole evidence of product identification may take the form of an affidavit created shortly before the claimant passes away. But these affidavits are problematic for defendants, principally because the affidavits are frequently created in the short window between a litigant’s diagnosis and his death, which may predate the filing of suit, says Kevin Hadfield of Manion Gaynor & Manning LLP.

  • Can A Yankees Fan Get A Fair Trial In New England?

    Daniel E. Wenner

    Rhode Island, which has no Major League Baseball team of its own, is basically part of Red Sox nation. So what happens when a defendant is tried for bank fraud in Rhode Island before a jury that learns that he’s a Yankees fan? Day Pitney LLP partner and former federal prosecutor Daniel Wenner reviews the case.

  • Rakoff Addresses Tippee Liability In SEC V. Payton

    Jonathan E. Richman

    U.S. District Judge Jed Rakoff in U.S. Securities and Exchange Commission v. Payton recently denied a motion for a new trial by two remote tippees found guilty of insider trading. An interesting aspect of the decision is the court’s treatment of whether the tippees knew or should have known that the tipper had breached his duty of confidentiality, says Jonathan Richman of Proskauer Rose LLP.

  • Payala V. Wipro Offers Effective Class Litigation Strategy

    John Skousen

    The Central District of California case of Payala v. Wipro Technologies recently addressed the issue of whether the administrative exemption applies to certain information technology administrators. Plaintiff attorneys often attempt to amalgamate IT jobs into one class action, but can face significant difficulties when seeking class certification, says John Skousen of Fisher & Phillips LLP.

  • The Ethical Risks Of A Multijurisdictional Practice

    Melinda Gentile

    As law firms and clients conduct more business on a regional or national scale, multijurisdictional practice is becoming more prevalent for practicing attorneys. Attorneys engaged in both private practice and as in-house counsel need to be aware of the ethical risks of practicing across jurisdictions — including the implications of engaging in the unauthorized practice of law, say Melinda Gentile and Monique Cardenas of Peckar & Abramson PC.