Trials

  • February 1, 2018

    Feds Drop Appeal Of $41.6M Infant Brain Injury Award

    The federal government on Thursday dropped its efforts to appeal a $41.6 million verdict won by the family of an infant who suffered permanent brain damage after a doctor at a health clinic negligently used forceps during delivery.

  • February 1, 2018

    Menendez Walked Due To Lack Of Quid Pro Quo, His Atty Says

    Sen. Bob Menendez, D-N.J., walked away from a public corruption prosecution, his attorney Abbe David Lowell of Norton Rose Fulbright said Thursday, not because of a recent loosening of anti-corruption standards but because the facts did not establish a quid pro quo of bribery.

  • February 1, 2018

    4th Circ. Says Cox Forfeited Copyright Safe Harbor

    The Fourth Circuit ruled Thursday that Cox Communications forfeited copyright immunity by failing to terminate users who repeatedly pirated music, but nonetheless tossed out a $25 million infringement verdict against the broadband provider and ordered a new trial.

  • February 1, 2018

    Platinum Partners Judge Says He's 'Unlikely' To Split Trial

    The Brooklyn federal judge hearing the government’s fraud cases against hedge fund Platinum Partners told the seven men facing criminal charges on Thursday that he was "unlikely" to try them separately, raising the prospect that they may not face jurors until 2019.

  • January 31, 2018

    Bribery Theory Proved Too Tough To Retry Menendez

    A recent ruling trimming corruption charges against U.S. Sen. Bob Menendez, D-N.J., would have forced prosecutors to try to convince jurors the lawmaker accepted bribes that were supposed to buy his assistance on unspecified business down the road — a challenge that led the government on Wednesday to drop the case altogether, attorneys say.

  • January 31, 2018

    Toll Contractor Wins $53.3M For Miami-Dade Contract Breach

    A Florida state court on Monday entered a final judgment of $53.3 million for Electronic Transactions Consultants Corp. in a breach of contract and wrongful termination suit the company brought against Miami-Dade County Expressway Authority stemming from its work building a cashless toll system for the county's expressways.

  • January 31, 2018

    Waymo Trial Is About IP, Not Whether Uber's Evil: Judge

    Explaining that the main issue in the Uber-Waymo case is whether Uber stole self-driving car trade secrets, "not whether or not Uber is an evil corporation," a California federal judge laid out which accusations of Uber's litigation misconduct a jury seated Wednesday will learn about.

  • January 31, 2018

    Family Fights Verdict For Doc Who OK'd Surgery

    The family of a woman who died in surgery to remove a cancerous tumor from her skull urged the Florida Supreme Court Wednesday to overturn a directed verdict in favor of the doctor who signed off on her anesthesia, arguing that the issue of whether his actions caused the woman's death is a question for the jury and should not have been decided by the judge.

  • January 31, 2018

    J&J Baby Powder Contained Asbestos, Expert Tells Jury

    An asbestos laboratory founder told New Jersey jurors Wednesday that multiple studies have found asbestos in Johnson & Johnson talcum powder products, during a trial over the mesothelioma a man allegedly developed as a result of his decadeslong use of them.

  • January 31, 2018

    Insurer On Hook For $8M After Jury's Bad Faith Verdict

    A Florida state jury has found bad faith in Mercury Insurance Co. of Florida's dealings in the settlement of a car crash-related claim against its policyholder, which allegedly exposed the policyholder to an $8 million judgment that the victim then turned around and pursued Mercury for.

  • January 31, 2018

    Shkreli Sentencing Delayed While Parties Mull Loss, Forfeiture

    Former pharmaceutical executive and convicted fraudster Martin Shkreli on Wednesday had his sentencing pushed off for another two weeks so his lawyers and the federal government can make their cases for how much investors lost and how much he gained from criminal wrongdoing.

  • January 31, 2018

    Blind-Maker Hit With Fees For 'Lack Of Respect' For Patent

    A California federal judge tripled damages that a jury awarded against a now-bankrupt blind-maker to $3 million and ordered it to pay $400,000 in attorneys’ fees, finding the company's litigation behavior "evinces a lack of respect for plaintiff’s patent rights and the litigation process.”

  • January 31, 2018

    Ore. Appeals Court Revives Nike Whistleblower Suit

    An Oregon appeals court on Wednesday wiped out a jury’s ruling that Nike did not fire a former electrician because he raised safety concerns, saying the lower court should have instructed the jury on the “cat’s paw” theory of liability, in which a decision-maker is swayed by others’ biases.

  • January 31, 2018

    Pharmacist Gets 8 Years For Making Meningitis-Linked Drugs

    The second pharmacist convicted of racketeering and fraud that led to a deadly meningitis outbreak will spend eight years in prison — one year less than his boss, a federal judge in Massachusetts decided Wednesday.

  • January 31, 2018

    Bridgegate Aide Tells 3rd Circ. Open Road Not A Civil Right

    A former aide to ex-New Jersey Gov. Chris Christie urged the Third Circuit on Tuesday to overturn her convictions in the Bridgegate criminal case, arguing that drivers don't have a civil right to traffic-free travel and that prosecutors have no business second-guessing government officials.

  • January 31, 2018

    AbbVie Seeks New Trial After $140M AndroGel Verdict

    AbbVie Inc. on Tuesday asked an Illinois federal judge for a new trial in the second bellwether case over claims the drugmaker failed to warn consumers about risks accompanying its testosterone treatment AndroGel, calling the $140 million verdict fatally inconsistent.

  • January 31, 2018

    Witness Atty Slams Cuomo Aide’s Bid To Bar Him From Trial

    The attorney for a key prosecution witness in the corruption trial of a former top aide to New York Gov. Andrew Cuomo lambasted a request from the former aide’s lawyer to have him barred from attending the trial, telling a New York federal judge that the request is “extraordinary and unwarranted.”

  • January 31, 2018

    Fired HSBC Veep's Retaliation Case Deep-Sixed By 2nd Circ.

    The Second Circuit on Wednesday shut down a challenge to a jury verdict in favor of HSBC Securities against former bank senior vice president Mike Picarella, who claimed his 2015 firing came in retaliation for his decision to stick up for a coworker who was harassed.

  • January 31, 2018

    Jury Convicts Pa. Man In $2M Investment Fraud Scheme

    A federal jury on Tuesday convicted a Pennsylvania businessman on fraud charges for bilking investors out of some $2 million on false promises he would use the money to help incubate a string of promising startup businesses.

  • January 31, 2018

    Biofuel Trader Wants No Delay In Registering $25M Verdict

    A Singapore biofuel trader seeking to register a $25.3 million jury award issued over breaches to a supply contract is decrying efforts to stall recognition, telling a New York federal judge Wednesday that a possible appeal is no reason not to register it. 

Expert Analysis

  • How Not To File A Successful Rule 29 Motion

    Daniel Wenner

    A defendant in a federal prosecution who argues that he or she did what the government says, but that the actions weren't a crime, may then be able to pursue a motion under Federal Rule of Criminal Procedure 29. But a recent case in the First Circuit underscores the difficulty of this strategy, says Daniel Wenner, a partner at Day Pitney LLP and former federal prosecutor.

  • 5th Circ. Broadens Oil Pollution Act Liability

    Christopher Hannan

    In U.S. v. American Commercial Lines, the Fifth Circuit offered only narrow limitations to liability under the Oil Pollution Act. Based on this recent ruling, full liability may be triggered by any act or omission that occurs as a result of a contractual relationship, say Christopher Hannan and Kat Statman of Baker Donelson Bearman Caldwell & Berkowitz PC.

  • Roundup

    My Strangest Day In Court

    Logo

    Every seasoned litigator has his or her fair share of courtroom stories. Check out the strange experiences that captured reader interest in this popular 2017 series.

  • Arctic Cat Provides Some Clarity For Infringement Suits

    Kevin Wagner

    In patent infringement cases, district courts have struggled to reach a consensus on who bears the initial burden of showing there were patented products for which marking was required. However, the Federal Circuit has finally weighed in on the matter in Arctic Cat v. Bombardier, say Kevin Wagner and Theodore Budd of Faegre Baker Daniels LLP.

  • Revisiting The FCA Public Disclosure Bar, Post-Bellevue

    Gerald Meyer

    In Bellevue v. Universal Health Services of Hartgrove, the Seventh Circuit recently ruled that a qui tam relator’s allegations were substantially similar to publicly disclosed allegations — meaning the suit was precluded by the public disclosure bar, though the relator’s allegations concerned a different time period. This could have major implications for False Claims Act cases, say Gerald Meyer and Emily Damrau of Molo Lamken LLP.

  • Roundup

    40 Years Of FCPA

    FCPA

    ​Dec. 19 marked the 40th anniversary of the Foreign Corrupt Practices Act. Catch up on this series featuring reflections from attorneys who have played a role in the evolution of FCPA enforcement, defense and compliance.​

  • How 2 Devices And 1 Domain Changed My Practice In 2017

    Paul Kiesel

    The question I ask about new technology is how can it improve the quality of my practice — and my life? This year, the iPhone X, the Apple Watch Series 3 and a .LAW domain have proven to be great investments, for professional and personal reasons, says attorney Paul Kiesel of Kiesel Law LLP.

  • Alternative Fees: My Experience At Bartlit Beck

    J.B. Heaton

    Bartlit Beck was a wonderful place to work for 18 years, and the lawyers there are not only excellent attorneys but also great people. That said, I can look analytically at the Bartlit Beck fee model and make some observations on its pros and cons, says J.B. Heaton, founder of investment analytics company Conjecture LLC.

  • Opinion

    Litigation Is Not The Solution To The Opioid Epidemic

    William Escobar

    It is irresponsible to fit the pharmaceutical industry into the mold of Big Tobacco. The opioid addiction crisis is a public health problem and litigation is not a proper solution, say members of Kelley Drye and Warren LLP.

  • Opinion

    Jurors Should Have An Active Role In Trials

    Judge Amos Mazzant III

    We tell jurors how important they are to the successful implementation of our judicial system, but oftentimes we don’t treat them with the reverence they deserve. U.S. District Judge Amos Mazzant III of the Eastern District of Texas, Lisa Blue of Baron and Blue, and Robert Hirschhorn of Cathy E. Bennett & Associates advocate three improvements to give jurors an active role in our civil and criminal jury trials.