• 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.

  • April 4, 2018

    Facebook’s ‘Arrogance’ Behind Trade Secret Theft, Jury Told

    Facebook and Emerson Electric Co. are arrogant behemoths that swiped BladeRoom Group Ltd.’s trade secrets for constructing the sophisticated data centers technology players require, BladeRoom’s attorney told jurors at the start of a California federal trial Wednesday, while Facebook countered the suit is “sour grapes” over a multimillion-dollar contract BladeRoom didn’t get.

  • April 4, 2018

    J&J Loses Mistrial Bid Over Claims At Asbestos Talc Trial

    Johnson & Johnson lost its bid for a mistrial Wednesday in a New Jersey lawsuit alleging the pharmaceutical giant sold asbestos-containing talcum powder that contributed to a man developing mesothelioma after a state judge rejected claims that his attorney made improper comments to the jury.

  • April 4, 2018

    AT&T-Time Warner Judge Asks About Fixing Arbitration Offer

    The D.C. federal judge hearing the U.S. Department of Justice's challenge to AT&T and Time Warner’s merger Wednesday seemed to be considering ways to improve the companies' offer to arbitrate pay-TV pricing disputes over programming supplied by Time Warner's Turner Broadcasting unit, and perhaps permit the tie-up with conditions.

  • April 4, 2018

    Bogus Trades, Lies Drove $300M Stock Fraud, Jury Hears

    The trial of the former CEO of financial services firm OmniView Capital Advisors LLC and a Las Vegas attorney began in Brooklyn on Wednesday, with jurors hearing of a multi-pronged $300 million scheme to inflate the value of worthless companies via fraudulent trading and bogus press releases.

Expert Analysis

  • 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.

  • The Continuing Evolution Of Personal Jurisdiction

    Kevin Penhallegon

    It was anticipated that last year's U.S. Supreme Court ruling in Bristol-Myers Squibb would have immediate and significant impacts nationwide. Those impacts have been seen at the state level in recent months, as evidenced by several trial courts dismissing out-of-state plaintiffs’ claims where specific personal jurisdiction could not be established, says Kevin Penhallegon of Miles & Stockbridge PC.

  • 5th Circ. Adds To Split On Review Of Jury Instruction Errors

    Andrew Goldsmith

    Several circuits have taken different approaches on how to assess the prejudice caused by erroneous jury instructions on a criminal defendant’s principal trial theory when the defendant challenges the instructions for the first time on appeal. The latest decision is from the Fifth Circuit, in U.S. v. Fairley, says Andrew Goldsmith of Kellogg Hansen Todd Figel & Frederick PLLC.

  • What Employers Can Learn From Waymo V. Uber

    Brian Arbetter

    While Waymo v. Uber was more high-profile than most cases, employers can and should learn lessons from it. Brian Arbetter of Norton Rose Fulbright discusses the current state of the law in the area of employee raiding and restrictive covenants and offers some best practices for employers to follow in order to fully protect their confidential information.

  • California's Evolving Standard On Expert Opinion Evidence

    Peter Choate

    A California appeals court's recent decision in Apple v. Superior Court explicitly holds that the Sargon standard applies when a party seeks to admit expert opinion evidence. Practitioners should seek to preserve this issue for appeal and urge the California Supreme Court to resolve it, say Peter Choate and William Dance of Tucker Ellis LLP.

  • Massachusetts Focuses On The Elements Of Spoliation

    Alexander Zodikoff

    The Massachusetts Appeals Court recently held that a finding of spoliation requires both the negligent and intentional loss or destruction of evidence, and awareness at the time that the evidence could help resolve a dispute. This strict interpretation of the doctrine of spoliation follows a trend in Massachusetts litigation, says Alexander Zodikoff of Manion Gaynor & Manning LLP. 

  • How Emerging Sources Of ESI Will Impact Discovery

    Charles McGee

    Late last year, the Sedona Conference released the third edition of its principles addressing electronic document production, updated to account for innovations like Snapchat and Twitter. It may be necessary for these principles to be updated more often in order to keep pace with technology, says Charles McGee III of Murphy & McGonigle PC.

  • Put The Brakes On Acceleration Bay Litigation Funder Ruling

    David Gallagher

    Last week, the District of Delaware raised eyebrows by ruling that documents provided to a litigation funder and its counsel in connection with their due diligence are categorically not attorney work product. Acceleration Bay v. Activision Blizzard seems to be a case of bad facts making bad law, says David Gallagher, investment manager and legal counsel for Bentham IMF.

  • Worker Classification Questions Remain Post-GrubHub Win

    Art Lambert

    A California federal judge implied that her recent decision in Lawson v. GrubHub was a close call, which suggests there is a tipping point where a driver moves from the independent contractor classification to the employee classification. However, when exactly that happens is still up in the air, says Art Lambert of Fisher Phillips.

  • How Natural Experiments Can Help In Estimating Damages

    Niall MacMenamin

    Establishing a causal link between allegedly wrongful conduct and the quantity of damages asserted can be challenging. Fortunately, increasing volumes of real-world data are available to the damages expert, and natural experiments based on such data can be effective in showing causality and estimating damages, says Niall MacMenamin of Analysis Group Inc.