• March 9, 2017

    Wal-Mart Worker Gets $5.5M Verdict In Retaliation Suit

    A Connecticut federal jury on Wednesday found that Wal-Mart retaliated against an employee after he complained about race discrimination and awarded punitive and noneconomic damages of $5.5 million, a figure the worker’s attorney estimates is a record in the state.

  • March 9, 2017

    Ex-MLB Player Gamed $1.3M From CEO Pal’s Tips, Jury Hears

    Federal prosecutors on Thursday opened a California insider trading trial with claims former Baltimore Orioles player Doug DeCinces made $1.3 million from nonpublic merger tips about a friend’s medical device company, but the retired athlete’s attorney countered that the government's case hinged on a “biased and sloppy investigation.”

  • March 9, 2017

    Colo. Court Affirms Bulk Of $14.3M Med Mal Verdict

    A Colorado appellate court on Thursday largely denied a hospital’s bid to reduce a $14.3 million jury verdict finding a hospital liable for giving a wrong drug dosage that caused a baby’s brain damage, saying certain third-party health care benefits the baby received can’t be considered under state law.

  • March 9, 2017

    Paxton Prosecutors Want To Postpone Trial Till They're Paid

    Special prosecutors pursuing securities fraud charges against Texas Attorney General Ken Paxton who say they haven’t been paid in more than a year asked a Texas district judge to delay a May 1 trial until an appellate action challenging their pay structure wraps up.

  • March 9, 2017 Tech Guru, Pastor Had 'Corrupt Intent,' Feds Say

    A bitcoin consultant and a pastor whose paths crossed in the allegedly nefarious handover of a credit union both displayed "corrupt intent" in a series of emails, WhatsApp chats and other documents, federal prosecutors said Thursday in closing arguments of a monthlong trial.

  • March 9, 2017

    Fla. Eye Doctor Says Overbilling Was 'Honest Mistake'

    As they opened their Medicare fraud case against Florida ophthalmologist Salomon Melgen on Thursday, federal prosecutors described a scheme rife with unnecessary eye injections, misdiagnoses and even treatments billed for glass eyes, which Melgen chalked up to an aggressive approach to treatment and honest mistakes.

  • March 9, 2017

    GSK, Reed Smith Partner's Widow Preview Paxil Jury Trial

    An FDA-endorsed label change for antidepressants in 2007 didn’t go far enough to alert doctors about the increased risk of suicidality in patients taking GlaxoSmithKline’s Paxil, the widow of a deceased Reed Smith partner told an Illinois federal judge Thursday, offering a brief glance of what is to come at a jury trial next week.

  • March 9, 2017

    State's Top Dewey Witness Takes Stand, Cops to Crimes

    More than a month into the New York retrial of two Dewey & LeBoeuf LLP executives accused of a long-running accounting fraud, the state’s star cooperator took the stand Thursday and quickly copped to helping cook the books as Dewey’s finance director.

  • March 9, 2017

    Ex-Hunton Lawyer In Tears As Judge Refuses To Nix Charges

    A former Hunton & Williams LLP patent litigator broke down in tears Thursday when a federal judge in Brooklyn refused to dismiss charges that he shared insider knowledge of Pfizer Inc.'s plan to take over his then-client King Pharmaceuticals.

  • March 9, 2017

    Mo. Jury Awards $29M In Med Mal Suit Over Missed Diagnosis

    A Missouri state jury determined that a hospital was responsible for failing to diagnose a woman with a rare disorder that purportedly caused permanent brain damage and paralysis and awarded approximately $28.9 million in damages.

  • March 9, 2017

    Ogletree Deakins Employment Atty Rejoins Jackson Lewis

    Jackson Lewis PC has welcomed back to the firm an experienced employment attorney from Ogletree Deakins Nash Smoak & Stewart PC to strengthen its San Diego office, the firm announced on Wednesday.

  • March 9, 2017

    Engineering Co. Looks To Slash Ex-Workers' $6.45M Verdict

    Packer Engineering Inc. asked an Illinois federal court Thursday to reduce a recent jury verdict awarding two women who alleged they were fired from the engineering consulting firm after experiencing gender discrimination and a hostile work environment from $6.45 million to $100,000, contending that there's an applicable cap on their damages.

  • March 9, 2017

    Gov't Wants Attys’ Fees Limited In Tax Penalty Fight

    An outdoor gear company's jury win in a tax refund suit does not entitle it to the amount of attorneys' fees it is requesting, the U.S. government told an Idaho federal judge on Thursday, asking that that part of the company's fee request be denied.

  • March 9, 2017

    Ex-PSU Coach Slams Judicial Bias Claim In Abuse Report Row

    An ex-Penn State University football coach on Wednesday rebutted allegations that bias by a trial judge helped him win a $7.3 million whistleblower verdict against the school over its purported mishandling of sex abuse reports against convicted sexual predator Jerry Sandusky.

  • March 9, 2017

    Prosecution Rests In Meningitis Murder Trial

    Federal prosecutors on Thursday finished presenting evidence against a Massachusetts pharmacist accused of murder related to a 2012 meningitis outbreak.

  • March 9, 2017

    Former Senior CFPB Official Joins Alston & Bird

    Alston & Bird LLP announced Thursday it has expanded its financial services litigation capabilities by adding the former acting chief of staff of the Consumer Financial Protection Bureau to its litigation and trial practice group.

  • March 8, 2017

    Agent's Partner Saw No Signs Of Smuggled Cuban Players

    A baseball agent told federal jurors Wednesday that he and fellow agent Bartolo Hernandez, who is accused of helping smuggle Cuban ballplayers into the United States, never discussed bringing their shared clients into the country illegally but also said he knew little about key parts of the players' journeys.

  • March 8, 2017

    Ex-Broker Tells Of Cover-Up Over Ex-Hunton Atty's Inside Tip

    A former Ameriprise Financial Inc. adviser who traded on a hot inside tip about a drugmaker’s 2010 acquisition by Pfizer Inc., which prosecutors say came from a former Hunton & Williams LLP partner, on Wednesday told a Brooklyn federal jury that he lied to his employer in a desperate bid to cover up his crime.

  • March 8, 2017

    Dish Seeks Do-Over After $20.5M Telemarketing Trial Award

    Dish Network asked a North Carolina federal court on Tuesday for a new trial in a telemarketing class action after a jury found Dish liable for $20.5 million in January, saying the court erred by allowing numerous pieces of prejudicial evidence and excluding a question from the verdict sheet, among other things.

  • March 8, 2017

    MF Global Expert Relied On Old Rule In $2B PwC Fight

    MF Global’s expert witness in its $2 billion professional malpractice lawsuit against PricewaterhouseCoopers LLP said in cross-examination in New York federal court on Wednesday he relied on an old rule when he testified earlier that repurchased bonds must be listed on a balance sheet if the company could get an economic benefit from them.

Expert Analysis

  • Cybersecurity And The Economic Loss Doctrine

    Alexis Kellert

    The Eleventh Circuit's holding earlier this month in Silverpop Systems v. Leading Market Technologies helps clarify the type of evidence a party must offer to prove that a duty existed in the context of a cybersecurity breach. It also shows how the economic loss doctrine can provide a shield against tort actions brought over cyberattacks, says Alexis Kellert of Weil Gotshal & Manges LLP.

  • 1st Circ. Affirms Narrow Scope Of Federal Criminal Statutes

    Joshua S. Levy

    The First Circuit's decision last month in U.S. v. Tavares unexpectedly added real teeth to the “in furtherance of” requirement of the mail and wire fraud statutes, say Joshua Levy and Daniel Fine of Ropes & Gray LLP.

  • Vessel Owners' Duties To Longshoremen Only Go So Far

    Hansford Wogan

    In Abston v. Jungerhaus Maritime Services, the Fifth Circuit recently held for a vessel owner against a longshoreman injured on the job during heavy rainfall. As the court noted, a vessel owner must exercise reasonable care to prevent injuries in areas under "active control of the vessel," but the owner often relinquishes control to contractors for loading or unloading, says Hansford Wogan of Jones Walker LLP.

  • ConAgra Opinion May Repair Ascertainability Circuit Split

    Fred Taylor Isquith

    In its systematic, careful and Rule 23-specific opinion in Briseno v. ConAgra, the Ninth Circuit found a way to eviscerate the Third Circuit’s views on “ascertainability.” This important opinion may not end the debate, but it may engender new thinking from the Third and Fourth Circuits, says Fred Taylor Isquith of Wolf Haldenstein Adler Freeman & Herz LLP.

  • How Litigation Funding Is Bringing Champerty Back To Life

    John H. Beisner

    While some courts have declined to apply the common-law doctrine of champerty to invalidate third-party litigation funding agreements, two recent rulings by appellate courts in New York and Pennsylvania have brought renewed attention to champerty principles, casting doubts on the legality of certain forms of third-party litigation funding, say John Beisner and Jordan Schwartz of Skadden Arps Slate Meagher & Flom LLP.

  • 'Take-Home' Asbestos Means A Duty Of Care In California

    Nicole Harrison

    In two coordinated cases, the California Supreme Court recently ruled that employers using asbestos in the workplace have a duty of care to protect employees’ household members from exposure via workers' clothing or persons. This holding may encourage more asbestos lawsuits in California, but the court did offer some limitations of which defendants should be mindful, says Nicole Harrison of Manion Gaynor Manning LLP.

  • Lessons From The Largest Patent Damages Award In History

    Barry J. Herman

    Last month in Delaware federal court, the jury in Idenix v. Gilead awarded Idenix $2.54 billion, the largest patent damages award in history. A review of the trial transcripts and documents provides valuable insight that can be applied to patent damages cases of all shapes and sizes, says Barry Herman of Womble Carlyle Sandridge & Rice LLP.

  • The Need For A Limitations Period On SEC Disgorgement Claims

    Daniel McCaughey

    The U.S. Supreme Court recently granted certiorari in U.S. Securities and Exchange Commission v. Kokesh to review whether civil enforcement claims brought by the SEC for the remedy of disgorgement are subject to any statute of limitations. Attorneys with Ropes & Gray LLP examine the significance of the statute of limitations question, especially for private equity firms.

  • A Federal Crackdown On Tax Zapper Software

    Matthew Lee

    Revenue suppression or “tax zapper” programs delete some or all of a restaurant’s cash transactions and then reconcile the books of the business, lowering the firm's tax bill. States have battled zappers for years, but the case of United States v. John Yin, filed last month in the Western District of Washington, shows federal authorities are now joining the fight, says Matthew Lee of Fox Rothschild LLP.

  • Limitation Act Of 1851 Still Relevant To Offshore Energy

    Andrew Stakelum

    From the Titanic to the Deepwater Horizon, an obscure federal law has been invoked after many maritime disasters to limit vessel owners' liability for losses stemming from conditions outside the owners' privity or knowledge. But in today's offshore energy industry, technology can place the owner and its management in the wheelhouse, on the cargo deck and on the rig floor, says Andrew Stakelum of King & Spalding LLP.