Trials

  • April 6, 2018

    Medicare Trial Witness Has Beef With Hedge Fund, Jury Told

    Former Deerfield analyst Jordan Fogel cooperated in a probe of the hedge fund’s trading on allegedly secret Medicare and Medicaid tips so he could get back at his ex-boss, the Manhattan jury weighing criminal charges against his former colleagues heard Friday.

  • April 6, 2018

    3 Telecom Issues To Watch In The AT&T-Time Warner Trial

    The U.S. Department of Justice is taking AT&T to court over its proposed buy of Time Warner Inc., and the trial so far is raising interesting questions about the roles of internet service providers, TV programmers and traditional distributors in an ever-expanding media universe.

  • April 6, 2018

    Bayer, J&J Botched Xarelto Bleeding Warning, Pa. Jury Told

    A second trial over internal bleeding allegedly linked to the anticoagulant Xarelto kicked off in Philadelphia on Friday as jurors heard arguments that a pair of Bayer AG and Johnson & Johnson units failed to warn doctors about the risk the medication posed when used in combination with other drugs.

  • April 6, 2018

    Feds Want 7-Year Prison Term For Ex-HSBC Forex Banker

    Prosecutors on Thursday asked a New York federal judge to sentence former HSBC foreign currency exchange executive Mark Johnson to seven years in prison, saying he was the ringleader of a con that defrauded Cairn Energy PLC by front-running a $3.5 billion currency swap in order to make millions of dollars for the bank at the expense of the Scottish oil and gas developer.

  • April 6, 2018

    Prior To NYU ERISA Trial, Judge Allows Most Testimony

    In the lead-up to a trial in an employees’ class action accusing New York University of improperly managing its retirement plan, a New York federal judge on Thursday said most of the disputed expert testimony that each side wanted to present had a rightful place before a jury.

  • April 6, 2018

    FedEx Wasn't Biased In Denying Woman Promotion, Jury Says

    An Illinois federal jury on Friday declined to award a woman damages over her claim that a Federal Express Corp. manager denied her a promotion because she is a woman.

  • April 5, 2018

    Facebook Stole Data Center Ideas, BladeRoom CEO Testifies

    The founder of a British building design company suing Facebook for trade secret theft told a California federal jury Thursday that after pitching Facebook on an innovative way to erect a data center he was shocked to later see the tech giant claim his ideas.

  • April 5, 2018

    Judge Denies Bias And Texas State Sen.'s New Trial Bid

    A Texas federal judge on Thursday denied that he acted with bias during a jury trial, rejecting the request for a new trial from a state senator and attorney who was found guilty of securities fraud stemming from his alleged role in a fracking-related Ponzi scheme.

  • April 5, 2018

    8th Circ. Axes $13M Punitives, Schaeffler From Pollution Suit

    A split Eighth Circuit erased a $13 million punitive damages award Thursday for a woman who said that a Missouri ball bearing maker's factory pollution gave her a serious autoimmune disorder, saying its parent, Schaeffler Group, shouldn't have been included in the trial and the latter's presence had muddied the proceedings.

  • April 5, 2018

    New Trial OK’d In SEPTA Train Worker's Electrocution Suit

    A Pennsylvania appeals court ruled Thursday that a new trial is appropriate in a suit over a Southeastern Pennsylvania Transportation Authority employee’s electrocution injury that ended in a $500,000 jury verdict, saying a Locomotive Inspection Act claim was supported only by expert testimony excluded at trial.

  • April 5, 2018

    JPMorgan Fights To Nix $6B Punitive Award In Probate Case

    Lawyers for JPMorgan Chase Bank NA on Thursday told a Texas judge that a widow who was awarded a share of a $6 billion punitive damages award for the alleged mishandling of her husband’s estate should walk away with nothing.

  • April 5, 2018

    Child Abuse Plaintiffs Denied Quick Win In $4M Coverage Row

    A Kentucky federal judge on Wednesday denied the winners of a $4 million child abuse judgment against a day care center director a quick win against insurer Shelter General Insurance Co., saying they had not proven Shelter waived the right to contest paying the judgment.

  • April 5, 2018

    Bard Meshes Didn't Harm Woman, Harvard Doctor Tells Jury

    A Harvard assistant professor and gynecological surgeon told a New Jersey jury Thursday that a woman suing C.R. Bard over allegedly defective pelvic mesh implants cannot blame the products for her post-procedure complaints, saying the woman’s preexisting conditions and later surgeries are the true culprits.

  • April 5, 2018

    Insurance Defense Atty Switches Sides To Join Clifford Law

    An insurance defense attorney who previously defended against suits lodged by Clifford Law Offices has now joined the Chicago-based personal injury powerhouse’s ranks as a partner, bringing experience in matters related to medical malpractice, product liability and trucking accidents, the firm announced Tuesday.

  • April 5, 2018

    Impax's $20M Settlement In Pay-For-Delay Suit Clears Hurdle

    A Massachusetts federal judge gave her initial approval Thursday to Impax Laboratories Inc.’s $20 million midtrial settlement with a class of consumers and insurers that claimed the lab delayed the launch of a generic acne medicine in exchange for a $40 million payment.

  • April 5, 2018

    New NYPD Bribery Charges Force Hasty Lead-Up To Trial

    Federal prosecutors, a New York police officer and a political donor accused of bribing cops for favors will have barely a month to finish turning over evidence, arguing about it, figuring out what counts will go to a jury and whether part of the government’s new indictment will be tried separately, it emerged in a Manhattan courtroom on Thursday.

  • April 5, 2018

    Hankook Can't Get Judge To Redo Trucker's $38M Tire Suit

    A Virginia federal judge on Wednesday explained his previous decision to deny Hankook Tire Co. Ltd.’s motion to reconsider a summary judgment win handed to a former cement truck driver, saying the company didn't point out a clear error of law and instead repackaged old arguments that failed to stop a jury from returning a $37.8 million jury verdict against Hankook last month.

  • April 5, 2018

    Ex-Texas Congressman Doesn't Take Stand In Own Fraud Trial

    The team of attorneys defending ex-U.S. Rep. Stephen Stockman, R-Texas, against allegations he used more than $1 million in charitable donations to fund his political campaigns and pay personal expenses rested its case Thursday morning after calling two witnesses, opting not to have Stockman take the stand.

  • April 5, 2018

    J&J Hit With $37M Asbestos Talc Verdict In NJ

    A New Jersey state jury on Thursday slammed Johnson & Johnson and its talc supplier with a verdict of $37 million in compensatory damages over claims a man developed mesothelioma after using the pharmaceutical giant's asbestos-containing talcum powder over several decades.

  • April 5, 2018

    Jailer Charged In Zarrab's $45K Contraband-For-Cash Play

    The prison guard who allegedly brought Turkish-Iranian gold trader Reza Zarrab contraband while the famed sanctions-buster was in a New York City federal detention center was hit with conspiracy, bribery and fraud charges on Thursday.

Expert Analysis

  • The Art And Science Of Investigative Questions: Part 1

    David Dolkas

    In the first article of this five-part series, longtime trial lawyer David Dolkas offers ideas and instruction on how to ask better questions in any context where lawyers must obtain information from a source or a witness.

  • Jurisdiction Issues Dog Multistate Class Actions

    Michael Leffel

    Relying on the U.S. Supreme Court's 2017 Bristol-Myers Squibb ruling, the Northern District of Illinois recently rejected a putative nationwide class action in DeBernardis v. NBTY Inc. Federal appeals courts will likely soon weigh in on such attempts to preclude multistate class actions on jurisdictional grounds, say Michael Leffel and Aaron Wegrzyn of Foley & Lardner LLP.

  • Protecting Privilege In Litigation Financing Negotiations

    Eric Robinson

    Multiple courts have held that discoverable material from negotiations with a litigation funder, when executed properly, can be attorney work product and immune from disclosure in the later litigation. The recent Acceleration Bay decision is indicative of what happens when difficult facts conflict with best practices, says Eric Robinson of Stevens & Lee PC.

  • Settling The Case When 1 Side Has Already Won

    Diane DeWolf

    In Florida, appellate mediation offers a less expensive alternative to ending litigation before an entire appeal takes place. Provided that both parties are willing to compromise and understand the state's processes, mediation provides a means of resolving two parties' differences even after one party has won at trial, says Diane DeWolf of Akerman LLP.

  • No Relief For Whistleblowers In 7th Circ.

    Steven Pearlman

    A trifecta of recent decisions illustrate a trend of the Seventh Circuit rejecting whistleblower retaliation claims. These cases raise the bar for plaintiffs trying to establish that they engaged in protected activity, a welcome change for employer-defendants, say Steven Pearlman and Edward Young of Proskauer Rose LLP.

  • Opinion

    From Cowboy Boots To Wingtips: Prosecutions Gone Awry

    John Banks Brooks

    What do a cattle rancher, an attorney, a financier and a professional sports bettor have in common? All have been subject to recent abuses of power by prosecutors and law enforcement officials. Violating defendants’ rights with shady tactics and leaks undermines our justice system, says communications consultant John Banks Brooks.

  • Why Machine Learning Should Matter To Lawyers

    Dan Puterbaugh

    Legal leaders who want to meet their clients' expanding expectations should start moving their documents to future-ready document management solutions now if they want to stay competitive in the next few years, says Dan Puterbaugh of Adobe Systems Inc.

  • Litigating The Internet Of Things

    Leslie Gutierrez

    With the rise of the internet of things, vast new quantities of data are traversing the cloud. Companies that do not actively and continuously strengthen their cybersecurity protocols are at risk for breaches — and for the consumer class actions that may follow, says Leslie Gutierrez of Husch Blackwell LLP.

  • Welcome Anti-SLAPP Guidance For Calif. Courts, Litigants

    Susan Allison

    In Gaynor v. Bulen, California's Court of Appeal recently articulated the proper approach for determining whether allegations constitute protected activity under the anti-SLAPP statute. It is one of several recent cases that have applied the California Supreme Court's decisions with admirable consistency, says Susan Allison of Jeffer Mangels Butler & Mitchell LLP.

  • Overcoming The Mistrust Of Science In An Alt-Fact Age

    Kirstin Abel

    You cannot fight alternative facts with facts alone. But with a combination of inoculation, changing the narrative, and building common ground between the jury and your experts, you should be able to significantly lessen their impact, says Kirstin Abel, managing partner at Bodyfelt Mount LLP and vice chair of the Trial Techniques and Tactics Committee of the International Association of Defense Counsel.