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Trials

  • December 19, 2018

    Fed. Circ. Won't Revive $7.3M Patent Verdict Against Apple

    The Federal Circuit on Wednesday refused to rethink its decision upending a $7.3 million jury verdict against Apple Inc., denying Conversant Wireless Licensing SARL’s bid to reinstate the patent infringement damages because of misconduct by former patent owner Nokia.

  • December 19, 2018

    Royal Caribbean Escapes $700K Ice Skating Injury Verdict

    A Florida federal judge has tossed a nearly $700,000 jury verdict in a suit by a Royal Caribbean passenger who broke his ankle while ice skating on a ship, ruling Tuesday there was no evidence a jury could use to find that the cruise line knew about shoddy ice rink conditions.

  • December 19, 2018

    Fla. Appellate Judge Joins Plaintiffs Firm In Miami

    Judge Leslie B. Rothenberg will join plaintiffs’ firm The Ferraro Law Firm PA after she retires from the Third District Court of Appeal bench later this month, the firm announced Tuesday.

  • December 19, 2018

    8th Circ. Says Med Mal Expert Properly Excluded At Trial

    The Eighth Circuit on Wednesday affirmed a midtrial win for Mayo Clinic Rochester in a suit over a staff doctor’s allegedly negligent prescription for a steroid that caused a man’s injuries, saying the patient’s medical expert was properly excluded from testifying at trial because he lacked practical experience.

  • December 19, 2018

    NJ Atty's Improper Argument Leads To New Slip-And-Fall Trial

    A New Jersey appeals court on Wednesday tossed a property owner’s trial win in a slip-and-fall case, ordering a new trial because the property owner’s attorney improperly gave jurors information during closing arguments that had not been admitted into evidence.

  • December 19, 2018

    London Jury Convicts Ex-Alstom Exec Of Bribery In SFO Win

    A London jury on Wednesday convicted a former Alstom Power Ltd. sales executive of conspiring to bribe politicians and employees at a Lithuanian power plant to score €240 million ($274 million) in contracts, the latest conviction in a corruption probe that has cost the French rail giant £18 million ($22.8 million) in penalties.

  • December 18, 2018

    Jury Trims Damages To $14M In Exmark Mower Patent Retrial

    Briggs & Stratton Corp. will have to pay lawn mower-maker Exmark $14.4 million in damages after a retrial in which a Nebraska federal jury on Monday cut back a previous award of $24 million, though a finding of willful infringement could mean Briggs & Stratton will end up paying more.

  • December 18, 2018

    Fla. Panel Tosses $3M Trial Win In Smoking Suit Against RJR

    A Florida appeals court on Tuesday tossed a jury’s $3 million verdict finding that R.J. Reynolds Tobacco Co. was to blame for a woman’s cigarette addiction and fatal lung cancer, ruling there was no evidence the woman relied on the tobacco company’s lies about the health impacts of smoking.

  • December 18, 2018

    7th Circ. Nixes AIG's Win In Med Mal Deal Coverage Row

    The Seventh Circuit on Tuesday revived a dispute over whether AIG Specialty Casualty Insurance Co. should cover an Indiana medical insurer's post-verdict medical malpractice settlement, saying questions remain as to whether the insurer's initial refusal to settle was a wrongful act excluded from the policy.

  • December 18, 2018

    2nd Circ. 'Troubled' By Gov't DQ'ing Al Jazeera-Watching Juror

    While denying a convicted cash smuggler’s appeal, the Second Circuit said Tuesday that New York federal prosecutors’ decision at trial to cut the jury pool’s only member of Arab heritage because she received her news from Qatar’s state-funded broadcaster Al Jazeera was “dangerously close” to discrimination.

  • December 18, 2018

    Where 5 Top MDLs Stand At The End Of 2018

    The past year was a lively one on the multidistrict litigation docket as major MDLs over the opiate crisis and the Equifax data breach got up and running, while cases concerning a Monsanto weedkiller and a common hospital technology revved for early bellwether trials.

  • December 18, 2018

    NCAA's Antitrust Violation 'Pretty Clear,' Judge Says

    A California federal judge told parties at the close of a landmark antitrust bench trial over athlete pay limits Tuesday that it seems "pretty clear" that the NCAA committed an antitrust violation, but she questioned how it could be quantified and appeared wary of million-dollar bidding wars over college athletes.

  • December 18, 2018

    Gov’t Wins Trial Over Woman's Blood Clot Death

    A Maryland federal judge ruled in favor of the federal government Monday in a suit accusing a federally funded health clinic of causing a woman's death by failing to properly treat blood clots in her lungs, saying the government’s expert medical witness provided a persuasive argument on whether the patient's life could've been saved.

  • December 18, 2018

    Drug Evidence Tainted Train Death Trial, 6th Circ. Told

    A woman whose 13-year-old daughter was killed by a train after her bike stuck in the tracks urged the Sixth Circuit on Monday to order a new trial against railroad operator CSX Transportation, arguing a first jury was tainted by improper evidence about the girl’s use of antidepressants.

  • December 18, 2018

    Jury Clears Ramen Noodle Makers In Antitrust Suit

    A California federal jury has found that Korean ramen companies were not liable for price-fixing, following a rare antitrust class action jury trial that lasted well over a month.

  • December 18, 2018

    Keep Youth Climate Suit On Hold, Feds Tell Judge

    The U.S. government on Monday urged an Oregon federal judge to maintain her stay of a children's suit accusing the government of pushing policies that contribute to climate change while the Ninth Circuit mulls its latest bid to dismiss the case, saying the children haven't justified the need for a restart.

  • December 18, 2018

    Nikon Cameras Don’t Infringe Zeiss, ASML Patents, Jury Says

    A California federal jury has found that Nikon Corp. did not infringe camera sensor patents jointly owned by lens maker Carl Zeiss and semiconductor maker ASML, allowing the Japanese camera giant to dodge damages of up to nearly $24 million.

  • December 18, 2018

    The Moments That Mattered Most For Legal Ethics In 2018

    Anyone who thinks that legal ethics is a sleepy area of the law didn't live through 2018. The year saw major decisions about conflict waivers and defunct firm clawbacks, among other meaty topics, and enough head-shaking news springing from the special counsel probe into the presidential election to make one dizzy. Here, Law360 highlights some of the biggest ethics and professional conduct stories of 2018.

  • December 18, 2018

    The Year #MeToo Rocked In-House Law Departments

    General counsel from various industries were forced into the spotlight and held publicly accountable this year — either because they allegedly behaved inappropriately or were accused of handling internal situations poorly — as the #MeToo movement swept through corporate America and its in-house law departments.

  • December 17, 2018

    Jury Grants Royal Caribbean Win In Passenger Death Suit

    A Florida federal jury returned a verdict Monday in favor of Royal Caribbean in a Nebraska family's lawsuit alleging the cruise line's negligence caused their relative's fatal fall from one of its ships and that it intentionally inflicted emotional distress and falsely imprisoned them in the aftermath.

Expert Analysis

  • Tax Evasion Knows No Borders

    Kim Marie Boylan

    The former CEO of a U.K. bank recently pled guilty to charges under the Foreign Account Tax Compliance Act, following a U.S. Department of Justice sting operation spanning several countries. The conviction sends a clear message that U.S. authorities will prosecute not only U.S. account holders, but those who facilitate tax evasion, whatever their nationality, say attorneys at White & Case LLP.

  • Opinion

    The ABA Was Dead Wrong About Model Rule 8.4(g)

    Bradley Abramson

    In the two years since the American Bar Association's controversial anti-discrimination and harassment rule, only one state has adopted it, while numerous state supreme courts, state attorneys general and legal groups have correctly rejected Model Rule 8.4(g) as a threat to lawyers' First Amendment rights, says Bradley Abramson, an attorney with Alliance Defending Freedom.

  • What Akorn Teaches Us About Delaware MAC Clauses

    David Leinwand

    Until Vice Chancellor J. Travis Laster’s decision this month in Akorn v. Fresenius, no Delaware court had released a buyer from its obligation to close a transaction as a result of a material adverse effect or change. But we expect the conventional wisdom to continue to hold true — that it is extremely difficult for an acquirer to establish the occurrence of a MAC, say attorneys with Cleary Gottlieb Steen & Hamilton LLP.

  • Opinion

    The Supreme Court Should Become Boring

    Alexander Klein

    In the aftermath of Justice Brett Kavanaugh's confirmation, the U.S. Supreme Court should decline review of the nation's most polarizing political questions unless and until the questions become time-sensitive, says Alexander Klein, head of the commercial litigation group at Barket Epstein Kearon Aldea & LoTurco LLP.

  • Q&A

    Back To School: BC's Kent Greenfield Talks Corporate Law

    Kent Greenfield

    In this series featuring law school luminaries, Boston College Law School professor Kent Greenfield reflects on his corporate law theories, his legal battle with the Pentagon over free speech and gay rights, and important constitutional law issues to watch out for.

  • Avoid Overlap In Trade Secret And Misappropriation Claims

    Mareesa Frederick

    As highlighted in the Federal Circuit's recent decision in Texas Advanced v. Renesas, plaintiffs hoping to assert trade secret misappropriation and patent infringement claims in the same lawsuit must craft damage theories carefully to avoid running afoul of the prohibition against double recovery, say attorneys at Finnegan Henderson Farabow Garrett & Dunner LLP.

  • Kavanaugh Cannot Be Compelled To Recuse Himself

    Donald Scarinci

    Whether Justice Brett Kavanaugh’s prior statements may be grounds for disqualification when it comes to judging certain cases is debatable, but there are no specific recusal guidelines for the U.S. Supreme Court. The justices themselves don’t even agree on where to draw the line when it comes to perceived political bias, says Donald Scarinci, a founding partner of Scarinci Hollenbeck LLC.

  • What Jurors Think Of #MeToo: A Snapshot

    Dan Gallipeau

    Recently, we began examining the attitudes of potential jurors on the #MeToo movement and related issues. This article shares some of our preliminary survey findings, which are on point with issues we all see daily in the media, says Dan Gallipeau of Dispute Dynamics Inc.

  • Knowledge Management: An Unsung Hero Of Legal Innovation

    Rob MacAdam

    As technology evolves, law firms are increasingly looking for ways to improve communication, transparency and service for their clients. Firms should put knowledge management at the core of their value proposition to create a competitive advantage, says Rob MacAdam at HighQ.

  • Defamation In Litigation: A Primer On Privileges In NY

    Jonathan Bloom

    Under New York law, statements made in court and other litigation-related communications are, in most cases, privileged. But these privileges have limits, and it behooves litigants — particularly those inclined to speak publicly about their cases — to be aware of them, says Jonathan Bloom of Weil Gotshal & Manges LLP.