Trials

  • May 4, 2017

    J&J Hit With $110M Verdict In Latest Mo. Talc Cancer Trial

    A Missouri jury hit Johnson & Johnson with a $110 million verdict late Thursday in a woman's suit alleging the company's talcum powder products caused her ovarian tumors, handing the company its largest trial loss yet in talc litigation in the state.

  • May 4, 2017

    Feds Blast Ex-Peru Soccer Boss's Bid To Trim FIFA Charges

    New York federal prosecutors in the FIFA corruption case told the court Thursday that a former Peruvian soccer head and FIFA committee member cannot trim the charges against him, saying he is relying on arguments from other defendants that the court has already ruled against.

  • May 4, 2017

    VA, Veteran Settle Suit Over Stroke For $750K

    A lawsuit alleging that doctors at a U.S. Department of Veterans Affairs facility caused a man’s stroke by giving him an unneeded artery surgery has been voluntarily dismissed after a $750,000 settlement.

  • May 4, 2017

    Calif. Panel Axes Bergstein's $50M Film World Malpractice Win

    A California appeals court has pulled the plug on a $50 million win for embattled film producer David Bergstein, finding the jury’s damages calculations unconnected to the actual damages he suffered when a betrayal by his former longtime attorney Susan Tregub allegedly ruined his companies.

  • May 4, 2017

    GM Bid To Exclude Evidence In Ignition MDL Denied, For Now

    General Motors LLC suffered a slight setback Thursday in its ongoing effort to stanch the bleeding in a faulty ignition multidistrict litigation, with a New York federal court ruling it was too soon to say whether or not certain highly sensitive evidence should be admitted into the next round of trials.

  • May 4, 2017

    Dewey Retrial Jury Settles In For The Long Haul

    The Manhattan jury weighing the fates of former Dewey & LeBoeuf LLP Executive Director Stephen DiCarmine and Chief Financial Officer Joel Sanders ended their third full day of deliberations without reaching a verdict, and hinted that their discussions may drag on into next week.

  • May 4, 2017

    Jury Clears OB-GYNs Of Hasidic Woman's Death In Childbirth

    A jury in New York federal court on Thursday sided with three obstetricians and the U.S. government in a $35 million suit that sought to hold them liable for the death of a pregnant Hasidic patient who hemorrhaged at home while delivering her fourth child.

  • May 4, 2017

    Co-Defendant Likely To Testify Against Ill. Judge, Feds Say

    The co-defendant of an Illinois state judge charged with running a $1.4 million mortgage fraud scheme is cooperating with the government and is likely to testify at the judge’s trial this summer, prosecutors told an Illinois federal judge overseeing the case Thursday.

  • May 4, 2017

    Ex-CFO Of Cay Clubs Gets 40 Years For $300M Ponzi Scheme

    A Florida real estate executive convicted of running a $300 million Ponzi scheme out of luxury resort company Cay Clubs Resorts and Marinas was sentenced to 40 years in federal prison Thursday.

  • May 4, 2017

    Feds Say 1st Circ. Ruling Doesn't Help SAC Trader's Case

    Federal prosecutors told the Second Circuit on Wednesday to disregard a First Circuit opinion that ex-SAC Capital Advisors manager Mathew Martoma said supported his bid to flip his insider trading conviction, saying the other case’s narrow holding doesn’t change the outcome of Martoma’s appeal.

  • May 4, 2017

    Ring.com Seeks Fast Trial In IP Battle With ADT

    Video doorbell and home connectivity venture Ring.com asked a Delaware vice chancellor late Wednesday to order an expedited trial, instead of a quick injunction hearing, on allegations that Ring wrongly acquired intellectual property and assets claimed by ADT Holdings Inc.

  • May 4, 2017

    Sales Worker In $30M Russia Export Scam Wins New Trial

    A former saleswoman connected to a $30 million Russian export scheme was granted a new trial on Wednesday when a New York federal judge said there was not enough evidence for two of the three jury convictions.

  • May 3, 2017

    Univ. Of Iowa Survives Appeal In Medical Research Suit

    An Iowa appellate panel on Wednesday affirmed a jury verdict clearing the University of Iowa Hospitals and Clinics of medical malpractice in connection with a medical research study, saying certain disputed evidence regarding what caused a patient's alleged injuries was irrelevant since the jury never reached that issue.

  • May 3, 2017

    Russian’s Death Off-Limits At Upcoming $230M Fraud Trial

    A New York federal judge ruled Wednesday that prosecutors can’t discuss the jailing and death of Russian investigator Sergei Magnitsky at an upcoming trial against alleged beneficiaries of a $230 million tax fraud scheme he uncovered, saying details of the man whose name has been branded on anticorruption laws around the world could prejudice a jury.

  • May 3, 2017

    Citibank Exec Defends Trade Valuations At $2B Lehman Trial

    Citibank’s head of global credit trading on Wednesday defended the methods used by his traders to calculate the costs of replacing about 30,000 derivatives trades that went into default following Lehman Brothers’ 2008 collapse, as Citi seeks to justify a $2 billion claim against the shuttered investment firm.

  • May 3, 2017

    Jury Asked To Punish 'Reprehensible' J&J In Talc Cancer Row

    Counsel for a woman who allegedly developed ovarian tumors after using Johnson & Johnson’s talcum powder products on Wednesday urged a Missouri jury during closing arguments to impose a punitive damages award large enough to force the $70 billion company to finally warn consumers about the dangers of talc.

  • May 3, 2017

    Md. Court Overturns Nix Of $2.3M Patient Suicide Verdict

    A split Maryland appellate panel on Tuesday said a trial judge was wrong to toss a $2.3 million verdict in a suit accusing a hospital of improperly discharging a psychiatric patient who committed suicide the next day, saying the patient's estate presented credible evidence warranting a possible new trial.

  • May 3, 2017

    J&J Asks 5th Circ. To Toss $151M Hip Verdict Over Expert Pay

    Johnson & Johnson and its DePuy Orthopaedics Inc. unit told the Fifth Circuit in a brief unsealed this week they’re entitled to a new trial in a hip implant bellwether that ended in a $151 million judgment against the company, claiming the plaintiffs lied about paying their expert witnesses.

  • May 3, 2017

    Exclusion Of Expert Testimony Upheld In NC Birth Injury Suit

    A jury verdict clearing a doctor of negligence claims was not improper, a North Carolina appeals court ruled Tuesday, as the lower court properly excluded testimony from an individual who was not a medical doctor.

  • May 3, 2017

    Fla. Eye Doc Denied Acquittal In Medicare Overbilling Case

    A federal judge has refused to acquit a Florida ophthalmologist linked to New Jersey Sen. Robert Menendez who was found guilty of overbilling Medicare by $32 million for unnecessary eye injections, finding the jury had sufficient evidence to return its verdict against the doctor.

Expert Analysis

  • Challenging The Internal Revenue Code’s Omnibus Clause

    Joseph Martini

    A recent dissent by two judges on the Second Circuit in United States v. Marinello could lead to U.S. Supreme Court scrutiny of the Internal Revenue Code's omnibus clause, which makes it a felony to violate any provision of the code. The time may be right for the high court to tackle this issue, say Joseph Martini and Judd Lindenfeld of Wiggin and Dana LLP.

  • Texas Senate Bill 10 Would Adversely Affect All Insureds

    John R. Hardin

    Senate Bill 10, recently introduced in Texas, has been touted as legislation tailored to curb "hailstorm lawsuit abuse." However, this bill fails to reference hail or hailstorms, and would meaningfully and adversely impact the rights of all Texas policyholders, say John Hardin and Gilbert Perales of K&L Gates LLP.

  • When The JPML Refuses To Approve Multidistrict Litigation

    Stephen McConnell

    A multidistrict litigation can be a sound and efficient way of managing a mass tort, or it can be an unwieldy disaster. A recent decision by the Judicial Panel on Multidistrict Litigation, denying a plaintiffs’ motion for centralization in the Proton-Pump Inhibitor Products Liability Litigation, shows that some MDLs are more trouble than they're worth, says Stephen McConnell of Reed Smith LLP.

  • Plaintiffs Face Uphill Battle In Excessive-Fee Litigation

    Eben P. Colby

    The past year has seen the momentum turn in favor of mutual fund advisers in the current wave of “excessive-fee litigation.” The New Jersey district court's recent opinion in Kasilag v. Hartford is insightful both for what it found with respect to Hartford and for its potential application to the more than 20 other pending cases, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

  • Where To Sue For Data Misappropriation

    Richard M. Reice

    Determining where a company’s data is stored for purposes of venue is a relatively new issue not resolved in current case law. Traditionally, courts have focused on the location of the relevant server. But in this age of the cloud, with multiple and redundant servers enhancing access and security, we argue that the place where data is managed and controlled is the proper venue, says Richard Reice of Hoguet Newman Regal & Kenney LLP.

  • Series

    My Strangest Day In Court: Hitting A Curveball

    Nicholas E. Chimicles

    As a trial lawyer, you make instantaneous decisions in courtrooms all the time, but that day was different. I had to balance my advocate’s concern for the class of investors I represented against the empathy I felt for a fellow human being’s tragic loss, says Nicholas Chimicles of Chimicles & Tikellis LLP.

  • The 'Marriage Before Injury' Rule And Wrongful Death

    Rebecca Kibbe

    In a 2-1 ruling, Florida's Fourth District Court of Appeal recently found that the common law "marriage before injury" rule means a widow may not collect loss of consortium damages after her husband's death, allegedly due to to premarital asbestos exposure. But the strong dissent and notable public policy concerns suggest the Florida Supreme Court will take up the issue, says Rebecca Kibbe of Manion Gaynor & Manning LLP.

  • Views From The Bench On Sentencing Representation: Part 8

    Alan Ellis

    What can you do if faced with the government argument that a lesser sentence for your client would depreciate the seriousness of the offense and promote disrespect for the law? In my recent interviews with federal judges in Nevada, Massachusetts and New Jersey, they all agreed: Demonstrate that your client is essentially a good person and rehabilitatable, says criminal defense attorney Alan Ellis.

  • How The Most Profitable Law Firms Structure Their C-Suites

    Anita Turner

    The most successful Am Law 200 law firms have evolved from being partner-run to being run by a group of highly skilled professionals reporting to firm shareholders. The data collected from our recent survey indicates this model is generally conducive to increased profitability, says Anita Turner, senior director at Colliers International.

  • Will Pena-Rodriguez V. Colorado Apply To Civil Cases?

    M. Christian King

    The U.S. Supreme Court ruled last week in Pena-Rodriguez v. Colorado that no-impeachment rules must yield to the Sixth Amendment's right to an impartial jury in a criminal investigation. Though Pena-Rodriguez has much to recommend to the civil side of the jury system, the analysis in the opinion may not be easily extended, say M. Christian King and Wesley Gilchrist of Lightfoot Franklin & White LLC.