• February 3, 2017

    Texas Roadhouse Age Bias Case Ends In Mistrial

    The government’s landmark age bias case against Texas Roadhouse ended in a mistrial Friday in Massachusetts federal court after a jury said three times that it could not come to a unanimous decision.

  • February 2, 2017

    $500M Oculus Verdict Could Spell High-Stakes Injunction Fight

    A $500 million verdict in a video game developer’s suit accusing Oculus VR LLC of ripping off software code won’t cause long-term harm to the virtual reality platform, but it sets up a fight over whether the Oculus device should be pulled from shelves, and that fight could mar its industry-leading track record.​

  • February 2, 2017

    Texas Jury Awards $14M In Baking Soda Sales Dispute

    A Texas state jury awarded distributor Bunnett & Co. nearly $14 million Thursday on claims that a baking soda manufacturer and its parent company breached a contract and interfered with Bunnett's business, but the panel also docked the distributor roughly $3.4 million for unjust enrichment.

  • February 2, 2017

    Engle Widower Assails Cigarette Ad Blitz As Trial Opens

    The widower of a Florida woman who died of lung cancer told a jury on Thursday that she was lured to smoking by a cigarette industry whose $250 billion in advertising spending over 65 years drowned out messages about smoking's dangers.

  • February 2, 2017

    Ariz. Court Backs $4.25M Verdict For Wire Left In Patient

    An Arizona appellate panel on Thursday affirmed a $4.25 million jury award for a patient who suffered numerous injuries due to a wire in his femoral artery left by a doctor following treatment for severe burns, saying it was not "shocked" by the award amount.

  • February 2, 2017

    Abbott Cleared Of All Claims In Depakote Birth-Defects Trial

    An Ohio federal jury on Thursday cleared Abbott Laboratories Inc. of allegations that it failed to warn patients that its anticonvulsant drug Depakote caused birth defects, winning out over claims that it committed fraud and that its drug was defective.

  • February 2, 2017

    Texas Fitness Club Wins Trial Over Steam Room Injury

    A Texas federal jury handed 24 Hour Fitness USA Inc. a complete win Tuesday after a trial in which a client claimed she was injured in a club steam room because it was kept in an unsafe condition.

  • February 2, 2017

    Gorsuch Examined Conduct By Trial Attys As 10th Circ. Judge

    During his time on the Tenth Circuit bench, Supreme Court nominee Neil Gorsuch has taken on a handful of cases concerning questionable lawyer conduct at trial, allowing readers inside the mind of a judge watching lawyers dance toward the line of propriety.

  • February 2, 2017

    Va. High Court Says Fusing Wrong Vertebrae Wasn't Battery

    In reversing a trial win in a suit accusing a doctor of tortious battery for fusing the wrong vertebrae in a patient’s spine, the Virginia Supreme Court said Thursday the doctor’s actions sounded in medical negligence rather than battery.

  • February 2, 2017

    Ballard Spahr Adds Securities Partner In Philadelphia

    Ballard Spahr LLP said it has expanded its securities litigation group in Philadelphia with the addition of a seasoned partner who came aboard after a nearly eight-year tenure with crosstown rival Morgan Lewis & Bockius LLP.

  • February 2, 2017

    Davis Polk Partner Testifies Bio-Rad GC Didn’t Back Claims

    The Davis Polk & Wardwell LLP partner hired to investigate possible corruption by Bio-Rad’s sales team in China testified before a California federal jury Thursday that the company’s general counsel — who alleges he was fired for whistleblowing — had trouble clearly articulating the basis of his allegations, which her team found meritless.

  • February 2, 2017

    Fla. High Court Won't Stop New Trial For Allied Vets Atty

    The Florida Supreme Court said Wednesday that it would not reverse an order for a new trial for a lawyer convicted of helping Allied Veterans of the World run a $300 million illegal gambling ring.

  • February 1, 2017

    Ford Beats $3M Truck Defect Verdict At 4th Circ.

    A Fourth Circuit panel reversed a $3 million jury award against Ford Motor Co. in a published decision on Wednesday that found an expert witness’s testimony over an alleged design defect in a pickup truck shouldn’t have been admitted during trial.

  • February 1, 2017

    Agent, Trainer Deny Smuggling Cuban Ballplayers At Trial

    A sports agent and a trainer denied carrying out a $16 million human smuggling scheme to help Cuban players get a shot at Major League Baseball, insisting as their trial opened Wednesday in Miami federal court that any aid they rendered was legal.

  • February 1, 2017

    The 4 Wittiest Dissents By Gorsuch

    During his tenure on the Tenth Circuit, Judge Neil Gorsuch wrote more than 30 playful, witty dissents that both entertain the reader and give clear insight to his legal thinking. Here, Law360 looks at the best of the bunch and what they say about his thoughts on legislating from the bench, prepositional phrases and everything in between.

  • February 1, 2017

    Gorsuch's Opening Words Speak Volumes About His Style

    Never one to pass up the chance to spin a good yarn, U.S. Supreme Court nominee Neil Gorsuch’s body of rulings during a decade at the Tenth Circuit casts him as a fervent storyteller. A look at some of his best opening passages reveals a narrative writing style that’s light on legalese and heavy on plot, setting and characters.

  • February 1, 2017

    Bio-Rad GC's Temper, Damages Claim Questioned At Trial

    A California federal jury heard Wednesday from a parade of Bio-Rad witnesses who said the former general counsel suing for retaliation became hostile during the final months of his tenure, as well as an economist who testified the attorney's claim for $2 million in lost stock options relied on faulty calculations.

  • February 1, 2017

    Senators Flirt With Nuclear Option Over High Court Pick

    The Senate fight over Tenth Circuit Judge Neil Gorsuch’s nomination to the U.S. Supreme Court could soon “go nuclear,” as less than a day after President Donald Trump put Gorsuch up for the court, political discussion has already turned to breaking a likely Democratic filibuster and pushing him through without any bipartisan support.

  • February 1, 2017

    Calif. Hospital, Doctor Settle ER Misdiagnosis Row For $8M

    A medical malpractice suit accusing a California hospital and an ER doctor of failing to diagnose a spinal injury that left a man quadriplegic was resolved for nearly $8 million on Tuesday after the hospital agreed to pay $5.25 million while the jury was still deliberating.

  • February 1, 2017

    Similar On The Law, Gorsuch Differs From Scalia In Style

    If confirmed by the Senate, U.S. Supreme Court nominee Neil Gorsuch would bring to the bench a strikingly similar judicial philosophy to that of the late Justice Antonin Scalia, but former clerks and colleagues say the Tenth Circuit judge and Colorado native’s congenial temperament couldn’t be more different from the fiery Scalia's.

Expert Analysis

  • My Strangest Day In Court: The 1995 Oklahoma City Bombing

    Randy Gordon

    When Timothy McVeigh detonated a rental truck full of fertilizer and fuel oil in front of the Alfred P. Murrah Federal Building on April 19, 1995, the explosion blew the windows out of our courtroom and the jurors jumped from their seats and dashed from the building. Plainly, there would be a mistrial, recalls Randy Gordon of Gardere Wynne Sewell LLP.

  • Are Courts In The Discovery Driver’s Seat?

    Cristin K. Traylor

    I recently asked a panel of four federal court judges whether they expect courts to start taking a more active role in e-discovery. They answered with a resounding yes. However, their responses left me wondering whether courts are actually taking a more active role in discovery since the Federal Rules of Civil Procedure amendments took effect in December 2015, says Cristin Traylor of McGuireWoods LLP.

  • Public Records Access V. Privacy: California's Struggle

    Louie Castoria

    As Associate Justice Goodwin Liu commented during oral arguments last week, “Every jurisdiction in California will be parsing what we say to tell their employees what to do.” City of San Jose v. Superior Court poses a narrow question: whether a blanket exemption exists under the Public Records Act for communications conducted on private devices, say Louie Castoria and Aaron Cargain of Kaufman Dolowich & Voluck LLP.

  • Auto Dealer Robinson-Patman Act Cases After Stevens Creek

    Adam L. Hudes

    Following a two-week trial in the Northern District of California, a federal jury recently found that Fiat Chrysler’s dealer incentive program did not violate the Robinson-Patman Act’s prohibition against price discrimination. The lawsuit highlights two competing themes that have played out in recent years, say Adam Hudes and Stephen Medlock of Mayer Brown LLP.

  • How Mental Health Testimony Revictimizes Plaintiffs

    Chloe J. Roberts

    Attorneys litigating high-stakes sexual harassment and discrimination claims are increasingly turning to behavioral science and expert mental health consultants for help. However, when courts allow such expert testimony to go beyond the traditional context of proving the reasonable amount of emotional distress a plaintiff has faced, they essentially condone the revictimization of plaintiffs, says Chloe Roberts of Roberts & Associates Law Firm.

  • Talking 'Bull': Episode 9, Light My Fire

    Futterman Photo.jpg

    The TV show Bull has high ratings, but has not grabbed hold of the zeitgeist. There have not been tangential think pieces in the arts pages, but the legal community is well aware of the series. Bull seems to be like one of those shows that you realize years later is still on the air being watched by a lot of people you have never met, like the Mentalist or some show in which a fat guy is the dad, says Dr. Roy Futterman of DOAR Inc.

  • A Simple Way To Manage Costs In Patent Litigation

    Andrew C. Michaels

    One underutilized tool to help keep patent litigation costs down could be for parties to agree to page limits on expert reports, says Andrew Michaels, a visiting associate professor and intellectual property fellow at George Washington University Law School.

  • Rules Of Civil Procedure Updates Affect E-Discovery

    Patrick Reilly

    On Dec. 1, 2016, the annual updates to the Federal Rules of Civil Procedure went into effect. Revisions include the end of the three-day “mail rule” extension for electronically served discovery, an amendment regarding service of internationally based corporate defendants, and a technical change regarding venues in maritime law actions, say Patrick Reilly and Eldin Hasic of Faegre Baker Daniels LLP.

  • The Path To The California Bench

    Judge George F. Bird

    Ever consider applying for a judicial appointment in California? Get the lay of the land from Judge George Bird of the Los Angeles Superior Court and Kimberly Knill, a senior appellate court attorney for the California Court of Appeal. Additionally, hear what several recent appointees to the LA Superior Court thought of the judicial selection process.

  • 3 Tips To Avoid Being On The Outs With In-House Counsel


    When trial lawyers fail to recognize the unique challenges faced by in-house counsel, it jeopardizes not only the outcome of the case, but also the opportunities for future representation. These few simple strategies are hardly rocket science, but they are too often neglected, says Matthew Whitley
 of Beck Redden LLP.