Trials

  • August 3, 2017

    Couple Settles Wiretap Act Suit Over Email Snooping

    An Illinois federal jury won’t get to debate whether a wife’s alleged use of an auto-forwarding rule to snoop in her husband’s email constitutes a violation of the Wiretap Act, as the now-divorced couple settled their suit Wednesday.

  • August 3, 2017

    Pa. Court Urged To Rethink $38M Award Nix In Shooting Suit

    The families of two workers gunned down by a disgruntled colleague at a Kraft Foods plant in Philadelphia have petitioned a state appeals court for an en banc rehearing after a decision voiding a $38 million punitive damages award against a security firm found liable over the incident.

  • August 3, 2017

    Philips Nets Just $7.1M In Defibrillator Infringement Case

    Dutch electronics company Philips won $10.4 million in damages Thursday from competitor Zoll Medical Corp. for infringing heart defibrillator technology patents but will have to pay $3.3 million for its own infringement, netting just a fraction of the $217 million the company told a federal jury in Massachusetts that it was owed.

  • August 3, 2017

    Judge Vacates Steel Boss's WTC-Rebuild Conviction

    U.S. District Judge Loretta A. Preska on Thursday vacated a jury's finding that DCM Erectors Inc. CEO Larry Davis deceived New York and New Jersey officials by using associates to make it look like work on a World Trade Center skyscraper and transportation hub was being done by women- and minority-owned contractors.

  • August 2, 2017

    Lesbian Pair Had ‘Attitude,’ Pepperdine Bias-Trial Jury Hears

    A former Pepperdine University women’s basketball team captain defended the school Wednesday against claims it discriminated against two former players for dating, testifying the couple weren't treated differently because of their sexual orientation, and coaches and teammates were constantly responding to the pair's entitled attitude.

  • August 2, 2017

    Expert Rips Gov't Evidence As Click Fraud Trial Nears End

    An Italian man accused of running a worldwide “click fraud” scam opted not to take the stand in his own defense as both sides rested their cases Wednesday, relying upon a cybersecurity professional to cast doubt on the government’s claim that anything of value was actually taken.

  • August 2, 2017

    Roche May Test Liberal NJ Expert Standard In Accutane Battle

    A New Jersey appellate decision reviving more than 2,000 cases alleging Hoffmann-La Roche Ltd.’s acne medication Accutane caused patients to develop Crohn's disease further affirms the state’s looser standard for admitting expert testimony, an issue the pharmaceutical giant could challenge on appeal, attorneys say.

  • August 2, 2017

    J&J, DePuy Fight Hip Implant Claims Ahead Of 4th Bellwether

    Staring down a fourth bellwether trial over its Pinnacle Ultamet line of metal-on-metal hip implants, Johnson & Johnson on Tuesday told a Texas federal judge it can't be held liable for products made by subsidiary DePuy Orthopaedics.

  • August 2, 2017

    Ex-Harvard Doc Tells Jury Woman's Ovaries Contained Talc

    A recently retired Harvard pathologist testifying on behalf of a woman alleging Johnson & Johnson’s talcum powder products gave her terminal ovarian cancer told a California jury Wednesday that he found numerous talc particles in the woman’s surgically removed ovarian tissue.

  • August 2, 2017

    Perrigo Gets A Mulligan On $10M IP Verdict Appeal

    A flurry of rulings Wednesday over a $10.2 million patent infringement verdict against Perrigo, including one by the Federal Circuit, mean that a district judge's December entry of judgment was not technically final and that Perrigo will get a chance to appeal after initially missing a 30-day window.

  • August 2, 2017

    Feds Defend Eye Doc Presentence Report In Medicare Fraud

    Objections to a presentencing investigation report lodged by a Florida ophthalmologist recently convicted of overbilling Medicare by $32 million and about to stand trial for bribing Sen. Robert Menendez drew a strong rebuke Tuesday from the federal government, which called the evidence abundant and his arguments inaccurate.

  • August 2, 2017

    ‘Fat Leonard’ Capt. Seeks Travel Waiver To Sell Gin Recipe

    A retired Navy captain embroiled in the massive "Fat Leonard" bribery scandal involving allegations U.S. Navy and Marine Corps officers traded Navy port services contracts for sex and gifts asked a California federal judge Tuesday for an emergency hearing to allow him to travel to Ireland to pursue the multimillion-dollar sale of a gin recipe.

  • August 2, 2017

    ER Nurse Can Keep Med Mal Trial Win, Tenn. Court Says

    A Tennessee appeals court affirmed Tuesday a directed verdict in favor of an emergency room nurse for certain claims in a medical malpractice case, saying there was no evidence presented at trial that the standard of care required the nurse to order a CT scan for a patient’s eye injury.

  • August 2, 2017

    Legal Neglect To Blame For $30M Trial Loss, Couple Says

    A California couple that was among a group hit with a $30 million jury verdict over predatory mortgage lending is now suing law firms that provided defense, saying they neglected basic elements of litigation and should have at least attempted to show that the fault was borne by the mortgage company involved.

  • August 2, 2017

    Air-Bag Plaintiff Fights Bankrupt Takata's Injunction Bid

    A trial-bound personal injury plaintiff objected Wednesday to Takata's attempt to enjoin lawsuits like hers during the company's bankruptcy, saying the car crash that killed her husband and children gives rise to different claims from those of most other suits concerning Takata's faulty air bags.

  • August 2, 2017

    Judge Orders Bellwether Trial In $10B IP Case Against Intel

    A Delaware federal judge has ordered a bellwether trial to test the validity of Future Link Systems LLC's massive infringement case against Intel Corp. spanning 15 patents and $10 billion in requested damages, asserting that the bellwether may encourage settlement.

  • August 2, 2017

    Herman Miller’s Eames Chair Knockoff Award Cut To $6.3M

    A California federal judge on Tuesday trimmed an $8.4 million award against Office Star for ripping off Herman Miller’s iconic Eames office chairs to $6.3 million, finding that the jury’s damages award exceeded the designer’s sales losses.

  • August 2, 2017

    NY Cafe Won't Face Second Fed. Trial In Unpaid Wages Suit

    A New York federal judge on Wednesday dismissed a suit brought by a half-dozen former employees of a Manhattan cafe alleging they were shorted on overtime, ruling that after the employees' $470,000 trial win was vacated on appeal, only state law claims now remain in the suit.

  • August 2, 2017

    Judge Slashes $6.5M Worker Harassment Verdict To $100K

    An Illinois federal judge slashed a $6.5 million employment-bias jury verdict on Tuesday to $100,000, saying the Civil Rights Act of 1964 set unmovable damages caps.

  • August 2, 2017

    Pillsbury Taps Boies Schiller For Another Partner In Miami

    Pillsbury Winthrop Shaw Pittman LLP continued to build out the roster of its recently opened Miami outpost, drawing again from Boies Schiller & Flexner LLP as it added an experienced trial lawyer and former federal prosecutor as a partner, the firm announced Tuesday.

Expert Analysis

  • US Law Firms Face Discovery Of Foreign Clients' Records

    Steven Kobre

    The law relating to the taking of discovery directly from U.S. law firms is evolving in favor of disclosure when documents have been provided to third parties. Law firms must be vigilant in handling their clients' documents or face being responsible for producing them to third parties, say Steven Kobre and John Han of Kobre & Kim LLP.

  • Microsoft V. Baker Slams The Back Door On Rule 23(f)

    Alexandra Laks

    The U.S. Supreme Court's recent decision in Microsoft v. Baker affirmed that a plaintiff denied class-action certification and Rule 23(f) permission to appeal cannot create an appealable “final judgment” by voluntarily dismissing his or her claims with prejudice. This removes a powerful weapon in plaintiffs counsel’s arsenal, say Alexandra Laks and Claudia Vetesi of Morrison & Foerster LLP.

  • Opinion

    The Future Of Law And The Demise Of The Midsize Firm

    Fredric Newman

    Since 1980, there has been a systemic supersizing of business enterprises, the growth of sovereign wealth, and the emergence of international businesses. The pressure this has put on national and regional law firms to go global or go home is enormous, says Fredric Newman, a founding partner of Hoguet Newman Regal & Kenney LLP.

  • How Discovery Has Changed Under New Federal Rules

    Brandee Kowalzyk

    In December 2015, an amendment to Rule 26 of the Federal Rules of Civil Procedure was implemented with the intent of putting reasonable limits on civil discovery. The many subsequent cases that have applied the amended rules provide guideposts for litigants and practitioners, say Brandee Kowalzyk and Christopher Polston of Nelson Mullins LLP.

  • Weekly Column

    Innovating For Wise Juries: Pre-Voir Dire Questions

    Stephen Susman

    The simple practice of asking jurors important and substantive questions early can help make trial by jury a more reliable form of dispute resolution, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Martin Shkreli Goes On Trial — What To Expect

    Bennett Gershman

    Jury selection in the securities fraud trial of Martin Shkreli has begun, with prospective jurors hurling inflammatory rhetoric at him, calling him a “snake” and “the most hated man in America.” It seems almost inconceivable that Shkreli will testify, says former prosecutor Bennett Gershman now at Pace Law School.

  • An Interview With Floyd Abrams

    Randy Maniloff

    It was a privilege to spend a half-hour on the phone with the nation's foremost First Amendment lawyer. Floyd Abrams and I discussed his career, his new book and what he sees in his free-speech crystal ball. And he was a very good sport when I asked if it is constitutionally protected to yell inside a movie theater: “Citizens United is a terrible decision and should be set on fire,” says Randy Maniloff of White and Williams LLP.

  • Bucking Tradition: NewLaw And The Coming Millennials

    Jill Dessalines

    Recent surveys show that law firms won't be able to rely on the flood of associates their business model demands as long as they require them to dedicate all day, most nights, every weekend and all holidays to firm business, says Jill Dessalines, founder of Strategic Advice for Successful Lawyers and former assistant GC at McKesson Corp.

  • No Personal Jurisdiction Pass For Federal Plaintiffs

    Jessica Miller

    The U.S. Supreme Court's recent Bristol-Myers Squibb ruling dealt a blow to plaintiffs attorneys seeking to manufacture personal jurisdiction by joining the claims of resident plaintiffs with those of nonresidents in state court. But some have suggested that the ruling does not apply to federal courts. This is an argument with no legs, say attorneys with Skadden Arps Slate Meagher & From LLP.

  • Monthly Column

    Gray Matters: We Feel, We Decide

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    Despite legal education training and the focus on logic and reason by the courts, lawyers address emotional issues on a daily basis — albeit more indirectly. But a shift to consciously and strategically addressing emotions gives us a powerful tool to help our clients reach faster, better decisions, say dispute resolution experts Robert Creo and Selina Shultz.