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Trials

  • August 1, 2018

    Government Follows The Money In Manafort Trial

    Multiple witnesses testified Wednesday to receiving hundreds of thousands of dollars in payments from offshore entities controlled by former Trump campaign chairman Paul Manafort for purchases of high-end clothing, luxury cars and home improvements as prosecutors sought to illustrate how Manafort used undeclared earnings from his work in Ukraine to fund his lavish lifestyle.

  • July 31, 2018

    Mud-Race Spectator Denied New Trial In Injury Suit

    A Wisconsin appeals court affirmed Tuesday that two mud-racing companies weren't liable when a buggy went off the track and severely injured a spectator, saying defense trial statements glossing over the existence of a prior accident at the track were "substantially true."

  • July 31, 2018

    9th Circ. Vacates Fraud Conviction Over Jury Instruction

    The Ninth Circuit has overturned a conviction linked to an alleged $100 million stock-based loan fraud, saying Monday a jury should have been instructed that guilt was impossible if the defendant did not have an actual duty to disclose information that went undisclosed.

  • July 31, 2018

    Monsanto Expert Rips Studies Linking Herbicide To Cancer

    A Harvard associate professor of epidemiology testified Tuesday in a landmark California state jury trial over claims Monsanto's herbicides gave a school groundskeeper lymphoma that multiple epidemiological studies over the past two decades show no causal link between the herbicides' active ingredient and cancer, and that statistics showing links are biased.

  • July 31, 2018

    Eye Doc From NJ Graft Trial Can't Undo Medicare Fraud Rap

    A Florida federal judge refused Monday to grant a new Medicare fraud trial to an ophthalmologist who escaped corruption charges last year alongside his longtime friend U.S. Sen. Bob Menendez, D-N.J., rejecting the doctor's claims that new evidence called for a do-over.

  • July 31, 2018

    Mass. Court Affirms $32.5M Award For Forgotten Medical Note

    The Massachusetts Appeals Court on Tuesday affirmed a $32.5 million medical malpractice award that Atrius Health Inc. must pay the family of a patient who was paralyzed after her primary care doctor forgot to note a dangerous condition in her medical file.

  • July 31, 2018

    Utah Justices Toss $2.75M Distress Award In Malpractice Case

    The Supreme Court of Utah has set aside a $2.75 million jury verdict for emotional strain caused by an attorney’s malpractice in a personal injury case, finding that, with rare exception, a breach of contract claim cannot support this kind of damages.

  • July 31, 2018

    AT&T Merger Trial Transcripts Go Public After DOJ Push

    The D.C. district court judge who oversaw the U.S. Department of Justice's trial challenging the AT&T-Time Warner deal unsealed most of the bench conference transcripts on Tuesday, after the government asked the appeals court last week to make them public.

  • July 31, 2018

    Manafort Paints Gates As Author Of Ukraine Fraud At Trial

    The only thing Paul Manafort is guilty of is trusting too much, the former Trump campaign chair’s attorneys said in Virginia federal court on day one of his trial on charges of bank and tax fraud, claiming his business partner, Rick Gates, is responsible for the alleged fraud related to the pair’s political consulting work.

  • July 30, 2018

    Autonomy's Convicted Ex-CFO Denied New HP Fraud Trial

    A California federal court Monday denied Autonomy's former chief financial officer's bid for a new trial or a judgment of acquittal just weeks after a jury found him guilty of fraud and securities charges for lying about the British software company's financials before Hewlett-Packard Co.'s $11.7 billion acquisition in 2011.

  • July 30, 2018

    Atty Owes Doctor $8M In Malicious Prosecution Case

    An Arizona jury has awarded what a plaintiff's attorney called a record $8 million to a physician who claimed that a medical malpractice suit wrongfully alleged that he intentionally caused a patient’s death and amounted to malicious prosecution, putting the Las Vegas-based attorney who filed the suit on the hook for compensatory and punitive damages.

  • July 30, 2018

    Judge Urged To Keep Case Against Ex-Nomura Traders Alive

    Federal prosecutors urged a Connecticut federal judge to stick with his decision not to toss their residential mortgage-backed securities fraud case against two former traders at Nomura Securities International Inc. after the judge mused that he might be convinced to reverse himself.

  • July 30, 2018

    Ex-Biotech CEO A 'Total Moron' But No Crook, NY Jury Hears

    A former biotech CEO from Massachusetts who once ran a $48 million diagnostics company went before a Manhattan federal jury Monday to try to sink charges of stealing from investors, arguing his efforts in the fight against cancer were real but he was a “total moron” for commingling funds.

  • July 30, 2018

    Jury Awards Hologic $5M For NovaSure Patent Infringement

    A Delaware federal jury on Friday said Minerva Surgical Inc. should pay Hologic Inc. $4.8 million for infringing a patent covering the endometrial ablation treatment NovaSure, but lessened the blow by finding the infringement wasn’t willful.

  • July 30, 2018

    Fraudster Caused His Own Counsel Troubles, 9th Circ. Says

    Convictions from two fraud trials that were pushed back several times at the defendant's request will stand, the Ninth Circuit ruled Friday, saying the man's contention that he was denied counsel of his choice arose from his own "repeated manipulative behavior."

  • July 30, 2018

    Property Co. Workers Seek $8M For Attorneys In Wage Suit

    A class of vendors for Field Asset Services on Friday asked a California federal judge to award more than $8 million in attorneys' fees for work on a wage lawsuit against the property servicing company, saying the amount is fair considering the complexity of the case.

  • July 30, 2018

    NC Home Care Co. Must Pay $2.2M For Medicaid Fraud

    A North Carolina federal judge entered a $2.17 million judgment Monday against Compassionate Home Care Services Inc., its owner and her son in a suit claiming they submitted fraudulent Medicaid claims, ruling in favor of the damages and penalties requested following a jury verdict.

  • July 30, 2018

    Texas Shipper Buys Plant For $15M In Gas Gathering Dispute

    A settlement Monday ended a Texas state court trial over a natural gas gathering and processing dispute in which Badger Midstream Energy LP accused Scout Energy Group III LP of surreptitiously taking about $20 million worth of product from the pipeline stream, with Scout agreeing to purchase Badger's processing plant for $15 million.

  • July 30, 2018

    Jury Punishes RJ Reynolds For $300K Over Smoker's Death

    A Florida jury on Monday assessed R.J. Reynolds with $300,000 in punitive damages after the company was found partially responsible for a smoker’s fatal lung cancer, a fraction of the $18 million counsel for the man’s son had asked the jury to award.

  • July 30, 2018

    Feds Give Up On Litvak, Drop Charge In Lieu Of 3rd Trial

    Federal prosecutors moved to dismiss the sole remaining charge against former Jefferies Group bond trader Jesse Litvak on Monday, ending a five-year criminal case in which Litvak was convicted twice and saw convictions from both trials overturned.

Expert Analysis

  • A Farxiga Opinion That's All Hat, No Cattle

    Lora Spencer

    Is everything really bigger in Texas? A New York federal court's ruling in Aron v. Bristol-Myers Squibb — apparently the first reported opinion from the Farxiga multidistrict litigation — would have us believe that pharmaceutical manufacturers have bigger tort liability under Texas law. But the court let the plaintiffs slide on a number of key points, says Lora Spencer of Reed Smith LLP.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 2

    John Reed Stark

    The legal industry has already begun to feel the impact of anti-bribery and anti-money laundering requirements. When involved with cryptocurrency trading and remittance, law firms face more than the risk of being perceived as organizations that support money laundering practices, says John Reed Stark of John Reed Stark Consulting LLC.

  • Why Lawyers Shouldn't Accept Fees In Cryptocurrency: Part 1

    John Reed Stark

    Law firms are increasingly accepting cryptocurrency as payment for services. While this might seem innovative and forward-thinking, ironically it is much more of a throwback, says John Reed Stark of John Reed Stark Consulting LLC.

  • Clearer Rule On Witness Compensation Disclosure Is Needed

    Ekaterina Long

    In April, the Fifth Circuit vacated a jury verdict in the Pinnacle hip implant product liability litigation due to undisclosed payments made to plaintiffs' experts. This issue would not have arisen if Federal Rule of Civil Procedure 26(a)(2)(C) imposed an affirmative duty to make a complete disclosure regarding compensation of nonretained expert witnesses, says Ekaterina Long of Godwin Bowman & Martinez PC.

  • Breaking Down The 2nd Criminal Spoofing Trial: Part 2

    Clifford Histed

    The criminal prosecution of Andre Flotron was ill-fated and suffered from a series of missteps and miscalculations by the government. However, it is now beyond any legitimate dispute that spoofing occurs, that it is illegal, that prosecutors are willing and able to charge spoofing as a criminal violation, and that it is possible to prove those charges in court, say attorneys with K&L Gates LLP.

  • Breaking Down The 2nd Criminal Spoofing Trial: Part 1

    Clifford Histed

    The recent acquittal of former UBS trader Andre Flotron in the second spoofing case to go to trial has resulted in comparisons to the spoofing-related conviction of Michael Coscia in 2015. But there are significant differences between the two cases that make such comparisons difficult, say attorneys with K&L Gates LLP.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 2

    Craig Levinson

    I agree with the legal pundits speculating that NewLaw’s present and future disruptors will radically change the legal services industry, but that change may not come quite as rapidly as predicted. Regardless, now is the time for both the incumbents and the challengers to best position themselves for the eventual shakeup, says Craig Levinson, founder of Levity Partners.

  • Impediments To Legal Industry's 'Inevitable' Future: Part 1

    Craig Levinson

    Legal pundits continue to make predictions that newer entrants into the industry — NewLaw firms, the Big Four and alternative legal service providers — will progressively seize greater amounts of market share from traditional law firms. But the BigLaw response has been underwhelming at best, and a glimpse at the market forces puts its lack of urgency into perspective, says Craig Levinson, founder of Levity Partners.

  • ADA Burden-Of-Proof Answers From 9th Circ.

    Joanne Alnajjar Buser

    In Snapp v. Burlington Northern Santa Fe Railway, the Ninth Circuit recently clarified that an employer’s summary judgment burden to show the unavailability of an employee accommodation under the Americans with Disabilities Act does not apply at trial. Rather, the employee still bears the ultimate burden of proving the existence of a reasonable accommodation, say attorneys at Paul Plevin Sullivan & Connaughton LLP.

  • 7 Common Mistakes In Company Witness Prep

    Matthew Keenan

    Too often as attorneys, we focus on the facts of the case and assume the witnesses will be ready for the scrutiny of our adversaries. Based on my 30 years defending companies in national product liability cases, here are seven mistakes often made in witness preparation, says Matthew Keenan of Shook Hardy & Bacon LLP.