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Trials

  • August 6, 2018

    Janus Ruling Finds Way Into Ex-Union Boss' Bribery Trial

    The U.S. Supreme Court's Janus ruling crimping union fee collection bled into the Manhattan bribery retrial of former labor boss Norman Seabrook Monday when a key witness suggested to the jury that union investment losses tied to Seabrook's alleged $20 million corruption scheme could weaken it against enemies of organized labor.

  • August 6, 2018

    Shuffle Tech CEO Not A 'Liar-Loser' But A Victim, Jury Told

    Shuffle Tech LLC’s counsel urged a federal jury Monday not to buy into the idea that its CEO is a “loser and a liar” when it comes to his company, saying he is actually a victim and Scientific Games Corp.'s characterization was “just the arrogance of a monopolist and their attorneys.”

  • August 6, 2018

    Minn. Court Reinstates $1.5M Award To Injured BNSF Worker

    A Minnesota appellate panel on Monday reinstated a $1.5 million judgment in a suit brought by a former BNSF Railway Co. conductor who claimed the railroad giant violated federal law and caused his back injury, saying the evidence supported a jury verdict in the worker's favor.

  • August 6, 2018

    Actavis At 5: Where Pay-For-Delay Litigation Stands

    It’s been a little over five years since the U.S. Supreme Court issued its landmark Actavis decision that found payments made by brand-name drugmakers to generics makers in patent settlements can raise antitrust concerns. But uncertainty over which pay-for-delay deals actually are illegal continues and recent lower court rulings have cut both ways. Here, Law360 looks at some of those recent rulings and where pay-for-delay litigation stands.

  • August 6, 2018

    Plaintiffs Bar Is Steering Truck Crash Cases To Mega Verdicts

    Trucking accident victims have reaped some huge awards at trial this past year, with one Texas jury recently awarding $101 million, which experts say is a reflection of an increasingly sophisticated plaintiffs bar utilizing technology and courtroom techniques to target heavily insured and heavily regulated trucking companies.

  • August 6, 2018

    Emerson Can't Undo BladeRoom's $30M Trade Secret Win

    A California federal judge refused to tinker with a jury's $30 million award to data-center manufacturer BladeRoom regarding competitor Emerson's theft of business info that allowed it to win Facebook's business for a data center in Sweden.

  • August 6, 2018

    2nd Circ. Revives Some Counts Against Convicted Ex-NY Sen.

    Former New York State Senate Minority Leader John Sampson, who is accused of embezzling funds held in escrow for real estate transactions, should face revived embezzlement allegations and be unable to escape obstruction and lying convictions related to his actions, the Second Circuit said in two orders on Monday.

  • August 6, 2018

    Texas Gas Station Can't Use Logo After Buc-ee's TM Win

    A Texas federal judge has issued an order barring a convenience store from using its cartoon alligator logo, after a jury in May sided with popular convenience store chain Buc-ee's Ltd. in a trademark infringement row, finding the convenience store's logo infringed Buc-ee's cartoon beaver logo.

  • August 6, 2018

    Arista Agrees To Pay Cisco $400M On Eve Of Antitrust Trial

    On the eve of trial in Arista Networks Inc.'s antitrust suit against Cisco Systems Inc. in California federal court on Monday, the parties settled multiple disputes in a deal that sees Arista paying $400 million and Cisco dropping patent infringement allegations.

  • August 3, 2018

    Gawker Bankruptcy Can't Shield Writer From Defamation Suit

    A Deadspin freelancer who was sued for defamation by a sports gambling expert is not protected by the Chapter 11 plan of Deadspin's former parent company, Gawker Media, a New York bankruptcy judge ruled Friday, because the gambling expert did not receive a benefit from the bankruptcy.

  • August 3, 2018

    El Pollo Loco Can’t Escape $8.8M Award In Franchise Suit

    A California superior court judge has confirmed a jury award of $8.8 million to a husband-and-wife El Pollo Loco franchisee team with a rejiggered formula that also penalizes the fire-grilled chicken chain for violations of the state's Unfair Competition Law in the couple’s suit claiming the chain improperly encroached on their territory.

  • August 3, 2018

    Forex Traders Want Pleas, Spoofing Claims Kept Out Of Trial

    Three London-based foreign currency exchange traders urged a Manhattan federal judge to block prosecutors from bringing up a group of large banks’ guilty pleas to manipulating the forex market, or any accusations of “spoofing” from their upcoming trial.

  • August 3, 2018

    Ex-Shkreli Atty Claims Companies Can't Be Victims

    Prosecutors seeking to make a lawyer convicted of aiding Martin Shkreli's securities fraud pay more than $10.4 million in restitution to one of Shkreli's former companies urged a judge Friday to reject the attorney's argument that companies aren't victims under a restitution law.

  • August 3, 2018

    #MeToo May Help Propel Family Leave Reforms For Trial Attys

    Advocates for court rules that would pause trials for lawyers expecting children hope the #MeToo movement and a new focus on gender inequalities in the legal industry will help build momentum for passage of the measures around the country.

  • August 3, 2018

    Manafort's Former Accountant Details Tax-Dodge Scheme

    A former accountant for Paul Manafort on Friday said in Virginia federal court that she helped the onetime Trump campaign chairman reduce his tax burden by improperly reclassifying $900,000 in income received by his consulting firm from a Cyprus-based company as loans on his 2014 tax returns.

  • August 3, 2018

    7th Circ. Upholds Grocery Store Worker's Title VII Win

    The Seventh Circuit has affirmed a jury verdict favoring a grocery store worker who alleged he was subjected to unwanted sexual touching and taunting by his male co-workers, holding that his Title VII claim was valid since he presented evidence that female workers didn't receive the same treatment.

  • August 3, 2018

    JPMorgan's Damages Bill Cut From $4B To $7M In Estate Row

    A Texas probate judge chopped a $4 billion judgment against JPMorgan Chase & Co. to $7 million in a case alleging the bank had maliciously mishandled the inheritance of a deceased American Airlines executive.

  • August 3, 2018

    Texas 'Frack Master' To Stay Behind Bars Until Fraud Trial

    The former CEO of Dallas fracking venture Breitling Energy and self-described "frack master" must stay in jail while awaiting trial, a federal judge ruled Thursday, calling his purchase of international plane tickets “remarkably suspect” and citing his lawyer mother’s recent exit from the country.

  • August 2, 2018

    Lower Award Or New Damages Trial For Unicolors In H&M Row

    A California federal judge denied H&M's bid for judgment as a matter of law following an $845,000 jury win for Unicolors, which claimed the Swedish clothing giant ripped off a jacket and shirt pattern, but ruled that H&M can pursue a new trial on damages unless Unicolors agrees to lowered damages of $266,000.

  • August 2, 2018

    Manafort's Bookkeeper IDs Bogus Financial Statements

    The former bookkeeper for Trump campaign chairman Paul Manafort testified Thursday about the political consultant’s financial reversals in the mid-2010s, culminating in an apparent attempt to use bogus documents to secure bank loans in 2016.

Expert Analysis

  • Merger Or Acquisition? Beware The Wrong Description

    Jillian Thornton Flax

    The acquisition of other companies with complementary manufacturing practices or products is commonplace today. But the Eighth Circuit's April ruling in Kirk v. Schaeffler Group USA highlights the fact that an acquiring company must ensure its deals are properly represented in any public matter, given the possible consequences for future product liability litigation, says Jillian Thornton Flax is a member of Cozen O'Connor.

  • Series

    From Lawmaker To Lawyer: 6 Things I Learned In Congress

    Charles Gonzalez

    I found that senior members of Congress didn’t have time to mentor younger members. Lawyers — though just as busy as members of Congress — cannot afford to follow this model, says former Rep. Charles Gonzalez, D-Texas, of Ogletree Deakins Nash Smoak & Stewart PC.

  • Which Deposition Costs Are Recoverable In Texas?

    Bryce Callahan

    Texas appellate courts seldom delve into questions about which litigation expenses are recoverable, and when they do, they can disagree about the answers. Trial lawyers should carefully consider which deposition-related expenses are truly necessary to the conduct of their case, since many of those costs may be unrecoverable even to a prevailing party, say Bryce Callahan and Elizabeth Wyman of Yetter Coleman LLP.

  • Win For Zen Magnets Still A Good Precedent For The CPSC

    Matthew Howsare

    A federal judge's June 12 ruling that Zen Magnets' due process rights were violated by the U.S. Consumer Products Safety Commission puts CPSC commissioners on notice that their public statements can be used against them if they suggest a prejudgment. But the decision supports the commission’s authority to interpret its own regulations, say attorneys with Mintz Levin Cohn Ferris Glovsky and Popeo PC.

  • Opinion

    BigLaw's Associate Salary Model Is A Relic Of A Bygone Era

    William Brewer

    Legal industry compensation practices are once again in the news as BigLaw firms continue to match the new high watermark of $190,000 for first-year associate salaries. The typical model of increasing associate salaries uniformly fails star associates, the firms they work for and, ultimately, the clients they serve, says William Brewer, managing partner of Brewer Attorneys & Counselors.

  • Tips For Keeping FDA Advisory Action Letters Out Of Court

    Jaime Davis

    The U.S. Food and Drug Administration often gives drug and device manufacturers notice of perceived violations by sending advisory action letters. Plaintiffs counsel may seek to admit such letters in litigation, but there are multiple ways defendants can try to keep juries from seeing them, say Jaime Davis and Caitlyn Ozier of King & Spalding LLP. 

  • #MeToo At Law Firms And What We Can Do About It

    Beth Schroeder.JPG

    While some may say it’s ironic, it’s also embarrassing and enraging that the very industry that offers anti-harassment training, policies and counsel now finds itself the subject of #MeToo headlines. The American Bar Association recommendation that will bring about the greatest change is the call to provide alternative methods for reporting violations, says Beth Schroeder, chair of Raines Feldman LLP's labor and employment group.

  • Scrutinizing Noncash Settlements In Consumer Class Actions

    Thomas Dickerson

    In consumer class action settlements, cash provides the class and the court evaluating a proposed settlement with a quantitatively measurable benefit. Noncash settlements require heightened scrutiny by the court, since they are generally worth less to consumers than cash, and may benefit defendants and class counsel more than class members, says retired judge Thomas Dickerson.

  • Knowledge Lawyers Can Help Firms Stay Ahead Of The Curve

    Vanessa Pinto Villa

    In a profession notoriously averse to change, it should come as no surprise that there is skepticism about the value of having attorneys perform nonbillable tasks. But U.S. law firms have slowly begun to incorporate knowledge lawyers into their operations — and the trend is likely to continue, says Vanessa Pinto Villa of Hogan Lovells.

  • Bristol-Myers Squibb: 1 Year Later

    Adam Pollet

    In the year since the U.S. Supreme Court decided Bristol-Myers Squibb Co. v. Superior Court of California — limiting where plaintiffs can bring claims and curbing forum-shopping in mass tort litigation — courts have grappled with questions that the ruling did not address, and defendants have pursued jurisdictional defenses in class actions and federal cases that were not previously available, say attorneys with Eversheds Sutherland LLP.