Trials

  • July 7, 2017

    Judge In $1B Iran Asset Fight Looks Ready To Push Forward

    An Iran-linked charity held liable to surrender its Midtown Manhattan office tower for sanctions violations said Thursday it believes such a punishment would violate a constitutional bar on excessive fines, but the judge overseeing the historic case displayed little desire to hold off on entering judgment pending that long-shot theory.

  • July 7, 2017

    Gawker's Probe Of Thiel Keeps Harsh Light On Legal Funders

    A court order allowing Gawker to probe billionaire Peter Thiel’s dealings with the firm behind a massive verdict that drove the company into bankruptcy may yield little ammunition for the estate’s administrator, but the decision should stir anxiety among traditional litigation funders over its potential to inspire similar rulings or new disclosure requirements, experts said.

  • July 7, 2017

    Feds Blast Ex-Stanford Exec's Bid To Ditch 20-Year Sentence

    The federal government has fought a former Stanford Financial Group executive’s attempt to vacate his 20-year prison sentence over his alleged role in Robert Allen Stanford's $7 billion Ponzi scheme, disputing the man’s claims that his trial attorneys botched a proposed plea deal.

  • July 6, 2017

    Del. Court Rejects Patient's New Liability Bid After Mistrial

    A Delaware state judge ruled Wednesday that a patient in a medical malpractice case that ended in a mistrial can’t assert a new theory of liability against a health clinic in the second trial, saying the allegation is essentially against the clinic’s nurse rather than the clinic and therefore untimely.

  • July 6, 2017

    Property Co. Bullied Workers Into 7-Day Weeks, Jury Told

    Two workers for property servicer Field Asset Services took the stand Thursday in a California federal class action trial over damages for shorting their pay by misclassifying them as contractors and for wrongly refusing reimbursements, testifying FAS threatened to cut work assignments if they didn’t work seven days a week.

  • July 6, 2017

    Billionaire's Bribes Boosted My Pay, UN Diplomat Tells Jury

    A former United Nations diplomat testified in Manhattan federal court Thursday that he augmented his roughly $72,000 official salary by taking bribes from Ng Lap Seng, a billionaire developer who dreamed of turning his Macau homeland into a hub for diplomacy and commerce via a gleaming new convention center.

  • July 6, 2017

    Ex-Analyst Tells Of 'Depressed' Shkreli After Fund Implosion

    A former analyst for Martin Shkreli’s MSMB Capital Management on Thursday told a Brooklyn federal jury about the aftermath of his botched short of Orexigen Therapeutics stock that wrecked the hedge fund, saying Shkreli was left “depressed in a way I had not seen him before.”

  • July 6, 2017

    Deficient Trial Testimony Dooms Claims Against NC Hospital

    A North Carolina appellate panel on Wednesday affirmed a midtrial dismissal of claims alleging a hospital failed to have a proper X-ray review policy in place which purportedly contributed to a patient’s death, saying the patient’s estate failed to offer competent testimony regarding the standard of care.

  • July 6, 2017

    State Classes Get Tag-Team Trials In Syngenta Corn MDL

    A Kansas federal judge on Thursday partially consolidated seven separate state class actions for trial in multidistrict litigation alleging agricultural company Syngenta AG’s promotion of genetically modified corn cost the industry at least $1 billion, ruling the state classes will head to trial in pairs.

  • July 6, 2017

    AbbVie Tells Jury Studies Don't Tie AndroGel To Heart Attacks

    AbbVie Inc. told an Illinois federal jury Thursday that there are no studies definitively showing a connection between heart attacks and its testosterone product AndroGel, detailing its defense in a lawsuit accusing the drugmaker of downplaying the drug’s risks.

  • July 6, 2017

    Robins Kaplan Brings On Ex-Pearson Simon Antitrust Pro

    Robins Kaplan LLP has added a longtime antitrust pro in Silicon Valley from Pearson Simon & Warshaw LLP who’s built a career representing consumers, investors and college athletes in class actions and other high-stakes trials.

  • July 6, 2017

    UC Davis Profs Can't Get New Trial In Berry IP Row

    A California federal judge on Wednesday mostly rejected two former University of California Davis professors’ bid for a new trial after a jury found they stole intellectual property from the school’s strawberry breeding program, but said the Supreme Court’s recent Lexmark ruling might impact the school’s patent infringement claims.

  • July 6, 2017

    Covington Snags Undefeated Litigator From O'Melveny

    A former O'Melveny & Myers LLP litigator with an undefeated trial record has joined Covington & Burling LLP as a partner in Los Angeles in the litigation and white collar defense and investigations practices.

  • July 6, 2017

    Merck's Noxafil Wasn't Revealed Before Invention, Court Told

    Merck Sharp & Dohme Corp. on Thursday launched a bench trial in its case alleging Actavis Laboratories FL Inc. infringed its patent for the antifungal medication Noxafil, telling a New Jersey federal judge there was no publicly available information about the active ingredient posaconazole prior to its invention 24 years ago.

  • July 6, 2017

    Judge Cuts Punitive Damages From $5M Award In Death Suit

    A North Carolina federal judge determined Wednesday that the families of deceased nursing home residents were not entitled to punitive damages in their suit claiming the home didn't properly supervise patients, reducing the $5.2 million judgment against the home.

  • July 6, 2017

    Former State Street Exec Asks For Delay In Fraud Trial

    A former State Street Global Markets LLC executive accused of charging clients hidden commissions on securities trades asked a federal judge in Boston on Thursday to delay his trial for eight months, saying he didn’t yet have documents crucial to his case.

  • July 5, 2017

    Talc Supplier Likely Can't Escape J&J Cancer Trial

    A California judge tentatively denied Imerys Talc’s bid to escape an impending trial over claims that a woman’s ovarian cancer was caused by using talc mined by Imerys and sold by Johnson & Johnson, holding Wednesday that Imerys was aware talc usage could possibly cause cancer.

  • July 5, 2017

    Justice Stevens On Gorsuch And Sticking With The Cubs

    Justice John Paul Stevens discusses Justice Neil Gorsuch, the pitfalls of originalism, and his beloved Chicago Cubs, in the second article based on Law360’s exclusive interview with the legendary jurist.

  • July 5, 2017

    Shkreli Ordered To Shut Up About Securities Fraud Trial

    A New York federal judge on Wednesday ordered controversial former pharmaceutical company CEO Martin Shkreli to keep his mouth shut around the courthouse where he's standing trial on securities fraud charges, after Shkreli walked into a room of reporters last week and ripped prosecutors and a government witness.

  • July 5, 2017

    AbbVie Sold AndroGel Without Heart Risk Warning, Jury Told

    AbbVie Inc. knew its product AndroGel wasn't approved to treat age-related drops in testosterone, but the company marketed it for that while downplaying an associated risk of heart attacks, attorneys for a man who nearly died after using it told an Illinois federal jury on Wednesday.

Expert Analysis

  • Opinion

    Let's Look At The Legal Bar For Treason

    Donald Scarinci

    While allegations of “treason” have been waged against President Trump on social media, the legal bar is far too high for him to face charges. Even if Trump collaborated with Russia to hack emails or shared classified information, he is not guilty of treason under the U.S. Constitution, says Donald Scarinci, founding partner of Scarinci Hollenbeck LLC.

  • 8 Tips For Preparing On-Site Trial Support Budgets

    Adam Bloomberg

    It is much easier to estimate an on-site trial support budget if you can weed out the main issues that unnecessarily stack up extra hours. Adam Bloomberg, managing director of visual communications at Litigation Insights Inc., shares eight ways to reduce sticker shock for clients.

  • Juries Must Know About Products' Standards Compliance

    Albert Piccerilli

    In a recent case, the Pennsylvania Superior Court excluded defense evidence of a product's adherence to regulatory and industry standards. But such evidence is central to the issue of whether a product is unreasonably dangerous — and because juries are tasked with resolving that issue, the exclusion of this evidence makes little sense, says Albert Piccerilli of Montgomery McCracken Walker & Rhoads LLP.

  • Series

    The Return Of Attorney-Conducted Voir Dire

    Stephen Susman

    If we truly believe in providing litigants with a jury of one’s peers, we must adopt strategies to ensure that parties and their representatives have a say in selecting their jury. When only judges participate, the result is a less representative and less fair cross section of the community, say Stephen Susman, Richard Jolly and Roy Futterman of NYU School of Law's Civil Jury Project.

  • Monthly Column

    Gray Matters: Identities Are Us

    DecisionError.jpg

    Lawyers faced with clients who can’t or won’t listen to their advice must consider that the core of this risky decision may be a person's inability or refusal to relinquish a prime identity in times of uncertainty, say dispute resolution experts Robert Creo and Selina Shultz.

  • Texas Opens The Door To More Oilfield Contamination Suits

    Stakelum Andrew 112864.jpg

    The Texas Supreme Court affirmed last month that the state agency overseeing oil and gas matters does not possess exclusive jurisdiction over oilfield contamination claims. The result is that a landowner could obtain both an order from the agency compelling an oil company to clean up the contamination and court-ordered damages for the same contamination, says Andrew Stakelum of King & Spalding LLP.

  • The Expert Witness Who Will Explode

    Bruce Gerstman

    When an expert witness takes the stand, one should not assume that the only challenge will be to their testimony. An investigation into the background of a witness may turn up lawsuits, dubious credentials, a misstated educational or employment record or other problems. Any of these may irreparably damage a witness' credibility on the stand, says Bruce Gerstman of Waterfront Intelligence Inc.

  • My Milkshake Is Better Than Yours: Part 2

    Jill Dessalines

    In the second installment of this two-part series on disruptive innovation among mid-size law firms, Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former senior vice president at McKesson Corp., explores a number of ideas for keeping clients and maintaining market position.

  • Questions Following Prevezon Money Laundering Settlement

    Elizabeth Prewitt

    The Prevezon case stands out as an example of the extraordinary lengths the U.S. government can and will go to assert jurisdiction over matters involving foreign entities and persons who commit crimes abroad to the detriment of foreign countries and citizens. However, since the matter settled, the government’s case was not tested at trial, say attorneys with Hughes Hubbard & Reed LLP.

  • My Milkshake Is Better Than Yours: Part 1

    Jill Dessalines

    As I sat there listening, incredulous to learn that "Milkshake" was not only a real song but also a chart-topper, it reminded me of Harvard Business School Professor Clayton Christensen’s work on disruptive innovation — and how it pertains to mid-size law firms, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant general counsel of McKesson Corp.