Trials

  • May 7, 2018

    Fed. Circ. Affirms Damages In X-Ray Patent Row

    The Federal Circuit on Friday affirmed a North Carolina federal jury's $852,000 award to a Spanish X-ray manufacturer after a rival infringed its patent, shooting down both the company's request for enhanced damages based on willful infringement and the competitor's request to vacate the damages entirely.

  • May 7, 2018

    Fate Of Defendant In $7M Fraud Case In Mass. Jury's Hands

    A Massachusetts federal jury will begin mulling the fate of a man who prosecutors say swindled a dozen people out of nearly $7 million by masquerading as a thriving businessman and soliciting investments to fund his own lavish lifestyle, while his attorney said his client always acted in good faith.

  • May 7, 2018

    NC Swine Stench Sufferers' $50M Punitive Damages Slashed

    A North Carolina federal judge Monday overturned a jury’s decision to award $5 million in punitive damages to each of the 10 neighbors who sued a hog farm owner for its failure to properly dispose of the animals’ urine and feces, saying that state law caps the amount of punitive damages at $250,000 apiece.

  • May 7, 2018

    Boehringer Scores 2nd Bellwether Win In Conn. Pradaxa Suit

    A Connecticut state jury on Monday sided with Boehringer Ingelheim Pharmaceuticals Inc. in a second bellwether trial as part of a consolidated state proceeding over the alleged bleeding risk of its blood thinner Pradaxa, rejecting a woman’s claims that taking the drug landed her in the hospital.

  • May 4, 2018

    Titan of the Plaintiffs Bar: Baum Hedlund's R. Brent Wisner

    Baum Hedlund Aristei & Goldman PC's R. Brent Wisner helped score the first jury verdict holding a brand-name drugmaker liable for injuries caused by a generic version in a high-profile case involving an attorney's suicide while on generic Paxil, landing him among Law360's 2018 Titans of the Plaintiffs Bar.

  • May 4, 2018

    Law360 Reveals Titans Of The Plaintiffs Bar

    They’ve gone up against big-name companies while advocating for plaintiffs ranging from grieving family members to shareholders and consumers in some of the biggest and most well-known cases of the past year.

  • May 4, 2018

    AT&T, Time Warner To Judge: No ‘Remedies’ Needed

    AT&T and Time Warner urged U.S. District Judge Richard Leon in a court filing Thursday not to impose any conditions on their planned deal, lambasting the government’s case and assuring the judge the commitments the companies made would still apply if the merger is allowed to proceed.

  • May 4, 2018

    Potential Juror's Bias Over Firm Ads Prompts Med Mal Retrial

    Counsel for a woman suing a doctor for medical malpractice was forced to use a challenge to excuse a prospective juror who said personal injury firm Morgan & Morgan PA’s “ubiquitous” advertising might make her biased, which a Kentucky appeals court said Friday was unfair and warranted a new trial.

  • May 4, 2018

    Pharma Execs Cast Doubt On Valeant's Compliance Culture

    Two men charged with defrauding Valeant Pharmaceuticals International Inc. out of $9.7 million when it moved to buy Philidor Rx Services LLC sought on Friday to rebut claims they hid anything from Valeant at trial, pressing Valeant’s chief compliance officer about her duties and the links between the two companies.

  • May 4, 2018

    'Hidden' Trial Expert Payment Stumble An Ethics Oddity

    Trial luminary Mark Lanier calls himself an “expert storyteller,” but legal ethics specialists say he veered off-script and into a rare kind of conduct trouble zone when he didn’t disclose his financial dealings with experts in a bellwether trial against Johnson & Johnson.

  • May 4, 2018

    Chicago Judges 'Under Siege' Amid Wave Of Vacancies

    The Northern District of Illinois, one of the country's busiest courts, is dealing with a surge of judicial vacancies that is expected to grow over the next year, and with no current nominees to fill the spots, the situation is likely to get worse before it gets better, experts told Law360.

  • May 4, 2018

    Atty Acquitted, CEO Convicted In $300M Stock Fraud Trial

    A New York jury on Friday issued a split verdict in a trial over a multifaceted $300 million market manipulation scheme, clearing Las Vegas attorney Kyleen Cane of any wrongdoing, but convicting former financial services firm OmniView Capital Advisors LLC CEO Abraxas J. Discala on fraud and conspiracy charges.

  • May 4, 2018

    Shire’s $2.4M Fee Bid In Adderall Row Too High, Rival Says

    Shire PLC is trying to overbill a generic competitor with a $2.38 million fee request after winning a patent infringement suit over its popular hyperactivity treatment Adderall XR, Shire’s competitor told a Massachusetts federal judge late Thursday.

  • May 3, 2018

    Judge Rips Quinn Emanuel's 2012 Tactic As Apple Trial Nears

    U.S. District Judge Lucy Koh told Samsung's counsel from Quinn Emanuel Urquhart & Sullivan LLP they shouldn’t publicly post information she’s barred from the upcoming trial with Apple over smartphone designs, saying she’s “still extremely disappointed" the firm posted such information during the companies’ 2012 trial “to try to taint the jury.”

  • May 3, 2018

    Microsoft Seeks Atty Fees As Corel Decries 'Pound Of Flesh'

    Microsoft told a California federal judge Thursday that because a jury found Corel willfully infringed its Office software patents, the rival should pay attorneys fees for "deterrence and compensation," while Corel maintained it tried to settle pretrial but Microsoft wanted "their pound of flesh."

  • May 3, 2018

    Jersey City Hit With $2M Damages For Denying Police Promos

    A New Jersey federal jury has slammed Jersey City with roughly $2.1 million in damages in more than a decade’s worth of litigation over claims the city did not promote police sergeants to the rank of lieutenant as part of a retaliatory scheme against one of the officers.

  • May 3, 2018

    Court Sticks To Retrial Ordered Over Judge's Use Of Stun Belt

    A Texas appellate court won't reconsider its decision ordering a new trial for a man who was convicted of a sex crime and handed a 60-year sentence, an order it issued on grounds that the trial judge repeatedly and inappropriately used a stun belt on the man.

  • May 3, 2018

    Vegas Atty Calls Stock Fraud Trial Witnesses 'Serial Liars'

    Jurors in the trial of a Las Vegas attorney and the former CEO of a financial services firm accused of participating in a $300 million market manipulation scheme involving microcap companies heard that the Cane Clark LLP partner wasn’t involved in any fraud, despite the claims of “serial liars” that cooperated with the government.

  • May 3, 2018

    $10M Philidor Trial Opens With Focus On Valeant Kickback

    Federal prosecutors fired their opening salvo on Thursday against two former executives of Philidor Rx Services LLC who allegedly ripped off medical giant Valeant Pharmaceuticals International Inc., telling a Manhattan jury that the men extracted a $9.7 million kickback from the company and used shell companies to cover it up.

  • May 3, 2018

    Contractor Dodges $17M Verdict Over Worker's Death

    A Texas appeals court on Thursday struck down a $17 million award in favor of the family of a steel worker who drowned while working on a bridge project associated with Baylor University’s football stadium, saying the project’s contractor is protected from the lawsuit by an insurance program established by the school.

Expert Analysis

  • Price Tag, You’re Not It: 4 New Pricing Claims

    Stephanie Sheridan

    As more pricing litigation is filed, we are seeing deviation from traditional claims related to discounts from a notional "original price." While reference price litigation has certainly not gone away, several new types of pricing claims have emerged, making it clear that pricing is a hot issue for the plaintiffs bar, say Stephanie Sheridan and Meegan Brooks of Steptoe & Johnson LLP.

  • Discovery Challenges In Transnational Class Actions

    Glenn Zakaib

    Plaintiffs in a recent case in Canada brought a motion for production of 120 million pages of documents by a Canadian drug company that had previously been produced by its U.S. and German affiliates in a parallel U.S. class proceeding. This highlights the risks of productions in one jurisdiction later being deemed relevant in foreign litigation, say attorneys with Borden Ladner Gervais LLP.

  • Opinion

    Companies Should Avoid The BigLaw Bonus Structure

    Michael Moradzadeh

    Since passage of the Trump tax plan last year, companies have been touting bonuses they’ve handed down to rank-and-file employees. This highlights the trend of employers favoring bonuses over pay raises in the belief that variable, short-term rewards are less risky to the business than permanent increases in labor costs. But law firms have used this strategy for years — and there are dangers, says Michael Moradzadeh of Rimon PC.

  • How To Interpret A Contract? Ask Those Who’d Sign It

    Omri Ben-Shahar

    Surveys are an accepted method of evaluating consumer perceptions in a wide range of cases. However, when it comes to contracts, it is often the judge or jury who must interpret the text. We suggest surveying consumers to determine which meaning of a disputed term is embraced by a clear majority, say professors at the University of Chicago and consultants at Analysis Group.

  • Chief Innovation Officer — The New Star On Legal Teams

    Mark Williamson

    Over the past few years, forward-thinking law firms have expanded their talent pools to include a chief innovation officer, whose responsibilities include spearheading the implementation of technology. It is a smart move, says ​​​​​​​Mark Williamson, co-founder and chief technology officer at Hanzo Archives Ltd.

  • Opinion

    National Lawyers Need National Licensing For National Courts

    EJ Hurst II

    Just last month, a number of legal groups asked the Northern District of California to strike its rule requiring that, before seeking federal court admission, attorneys first be licensed by the state of California. It is irrational to exclude seasoned federal practitioners from general admission due to state bar approval while allowing raw state lawyers who have never been inside a federal courtroom, says attorney EJ Hurst.

  • Percoco Highlights Subpoenas For Atty Notes On Witness

    Kan Nawaday

    The recently concluded Percoco corruption trial in New York brings to mind a trend in the criminal defense bar’s playbook — using Rule 17 to obtain notes taken by the cooperating witness’ attorney during proffer sessions with the government. While it is unlikely that a court will allow disclosure of these notes, such a motion is hardly frivolous, says Kan Nawaday of Venable LLP.

  • When 'A' Stands For Preemption

    Steven Boranian

    The Seventh Circuit recently held that implied preemption of a failure-to-warn claim under Pliva v. Mensing depends on the nature of the drug’s approval process. If a drug is approved through an ANDA, or abbreviated new drug application — as opposed to an NDA, or new drug application — federal regulation of drug labeling preempts state-law failure-to-warn claims, says Steven Boranian of Reed Smith LLP.

  • Changes To Rule 23 Are Coming, Are You Prepared?

    Niki Mendoza

    Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of Garden City Group LLC.

  • Key Statistical Issues In Eye Doc Fraud Sentencing

    Jennifer Dowdell Armstrong

    The reasonableness of an extrapolated loss calculation was a significant sentencing issue in U.S. v. Melgen last month in the Southern District of Florida. The court found flaws in both the government's and defendant’s analyses, and then calculated its own loss figures, say Jennifer Dowdell Armstrong of McDonald Hopkins LLC and Chris Haney of Forensus Group LLC.