Trials

  • October 20, 2017

    J&J Wins Toss Of $417M Talc Cancer Verdict In Calif.

    A California judge on Friday tossed a jury award of $417 million from Johnson & Johnson to a woman who claimed the company's baby powder gave her ovarian cancer, finding the plaintiff relied on speculative expert testimony that failed to link talcum powder to cancer.

  • October 20, 2017

    If J&J Talc Had Asbestos, It Could Cause Cancer, Expert Says

    If Johnson & Johnson’s talcum powder products contained asbestos, a person using them on their child or on themselves could develop mesothelioma, a former Tulane pathology professor and asbestos expert testified in a California trial Friday for a woman alleging she developed the cancer in this way.

  • October 20, 2017

    Tech Expert Gets 16 Months In Bitcoin Bank Bribery Scheme

    A tech expert who was convicted in a scheme to co-opt a credit union to process illegal bitcoin-dollar exchanges was sentenced Friday to 16 months in prison by a New York federal judge, who granted him a “substantial variance” from the guidelines for his relatively small role and positive personal characteristics.

  • October 20, 2017

    Sonos Wants Wrong Patents In Audio IP Trial, Says Rival

    An upcoming trial over patents for wireless home audio systems will be impossibly unwieldy if it includes all three patents that home audio giant Sonos wants to include, rival Denon told a Delaware federal court on Friday, saying Sonos flouted explicit instructions from the judge.

  • October 20, 2017

    Ex-Katten Atty Betrayed Client, Feds Say As Trial Starts

    Former Katten Muchin Rosenman LLP partner Evan Greebel's conspiracy trial began in Brooklyn federal court Friday with accusations he betrayed his pharmaceutical company client's trust through a greedy plot with Martin Shkreli, the company's then-CEO who was convicted of securities fraud in August.

  • October 20, 2017

    Meningitis Outbreak Murder Trial Sent To Jury

    Federal prosecutors in Boston asked jurors Friday to find guilty of murder a former Massachusetts pharmacist they claim recklessly and with extreme indifference to life, causing a 2012 fungal meningitis outbreak that killed 64 people, while his defense blamed the pharmacy manager and poor training.

  • October 20, 2017

    IBM FCA Suit Over Emergency Program Settles Before Trial

    A whistleblower suit against IBM Corp. over $50 million in allegedly false claims for federal grant funds meant for a public safety project in Cook County, Illinois, settled just days ahead of its scheduled trial in Illinois federal court, according to court records.

  • October 20, 2017

    Swartz Campbell Adds Chartwell Toxic Tort Atty

    Swartz Campbell LLC announced Thursday that it has snagged Chartwell Law Offices LLP partner Kristopher Kachline to bolster its toxic tort, occupational disease and workers’ compensation practices.

  • October 20, 2017

    Fed. Circ. Affirms Verdict Clearing Google In $106M IP Case

    A Federal Circuit panel affirmed Friday a Delaware federal jury’s finding that a mapping patent Art+Com Innovationpool GmbH had accused Google Earth of infringing in a $106 million case was invalid as anticipated.

  • October 20, 2017

    Steptoe Hires Ex-Federal Prosecutor For DC Office

    Steptoe & Johnson LLP has added a former federal prosecutor and ex-Bradley Arant Boult Cummings LLP partner with expertise in economic sanctions and anti-money laundering regulation to its Washington, D.C., office.

  • October 20, 2017

    Miss. High Court Tosses $2M Risperdal Verdict Against J&J

    The Mississippi Supreme Court on Thursday tossed a $1.95 million verdict in a lawsuit against Johnson & Johnson and its subsidiary over a movement disorder allegedly caused by its antipsychotic drug Risperdal, saying the drug’s label sufficiently warned about the drug's associated risks.

  • October 20, 2017

    Xarelto Users Taking First Two Trial Losses To 5th Circ.

    Two consumers who lost bellwether trials claiming Bayer HealthCare Pharmaceuticals Inc. and Janssen Pharmaceuticals’ bloodthinner Xarelto causes unstoppable bleeding have told a Louisiana federal court that they’re going to appeal a handful of orders and the final judgments to the Fifth Circuit.

  • October 20, 2017

    Waymo Loses Latest Bid For Uber's Self-Driving Source Code

    A California federal judge on Thursday rejected Google affiliate Waymo’s latest bid to get its hands on Uber’s self-driving car source code in its trade secrets suit, saying that a magistrate judge’s recent decision calling the request “profoundly overbroad” was neither clearly wrong or contrary to law.

  • October 19, 2017

    Ex-Pharmacist In NECC Meningitis Case Puts Blame On Boss

    A former Massachusetts pharmacist on Thursday asked a federal judge to acquit him of murder and other charges that allege he is responsible for a fatal meningitis outbreak, saying prosecutors failed to prove their case and undermined their own arguments by pinning the wrongdoing on his boss in a separate trial.

  • October 19, 2017

    ILife Wants Nintendo Infringement Award Upped To $25M

    A technology company asked a Texas federal judge Thursday to award it a total of $25 million for its win against Nintendo by adding prejudgment interest to the $10.1 million verdict handed down from a jury that found Nintendo infringed a motion detection patent through its Wii gaming system.

  • October 19, 2017

    Menendez Defense Challenges Claim Of Threatening Hearing

    A former foreign policy adviser to Sen. Bob Menendez testified Thursday that she did not recall him threatening to hold a hearing during a 2012 meeting with a U.S. Department of State official, challenging one of the prosecutors' claims at the bribery trial of the senator and a Florida ophthalmologist.

  • October 19, 2017

    Ex-Katten Atty's Jury Won't Hear Of Shkreli Acquittal

    The jury selected for the in the conspiracy trial of former Katten Muchin Rosenman LLP attorney Evan Greebel will not be allowed to hear that "pharma bro” Martin Shkreli was acquitted of allegedly conspiring with Greebel to defraud Retrophin Inc., a Brooklyn federal judge ruled Thursday.

  • October 19, 2017

    Ex-HSBC Exec's Trial Over $3.5B Forex Deal In Jury's Hands

    Jury deliberations began Thursday in the trial of ex-HSBC foreign exchange executive Mark Johnson over claims he defrauded Scottish oil and gas developer Cairn Energy PLC via a $3.5 billion forex deal, with questions about Johnson's and a cooperating witness' testimony coming up late in the day.

  • October 19, 2017

    RMBS Trustees Defend $11.4B Breach Claim Against Lehman

    Residential mortgage-backed securities trustees and Lehman Brothers Holdings Inc. squared off in New York bankruptcy court Thursday on the value of claims submitted in the wake of the financial crisis, with the trustees arguing that their “straightforward breach of contract claims” are worth $11.4 billion, while the shuttered bank argued they’re worth $2.38 billion or less.

  • October 19, 2017

    11th Circ. Upholds $27M Boston Scientific Pelvic Mesh Loss

    A Florida federal judge was right to consolidate the cases of four women who say they were injured by Boston Scientific Corp.'s allegedly defective pelvic mesh implants, the Eleventh Circuit ruled Thursday, upholding a jury’s $27 million verdict.

Expert Analysis

  • NY Commercial Division Rule Changes Promote ADR Use

    Christopher Palermo

    Recent rule changes in the Commercial Division of the Supreme Court of New York are the latest of several efforts made to foster greater use of mediation and to institutionalize alternative dispute resolution, says Christopher Palermo, a litigation partner at Bleakley Platt & Schmidt LLP who serves on the Commercial Division Advisory Council.

  • FERC Order Signals States Can't Delay Pipeline Rulings

    James Bowe Jr.

    Last month, the Federal Energy Regulatory Commission ruled that the New York State Department of Environmental Conservation waived its authority under the Clean Water Act by failing to either issue or deny a water quality certificate for a gas pipeline within the statutory time frame. The order signals that FERC will not countenance state inaction on pipeline projects, say attorneys with King & Spalding LLP.

  • How Arbitrators Maintain Proportionality In Discovery

    Richard Seymour

    There has been much discussion of discovery proportionality in federal litigation since the December 2015 changes to Civil Rule 26. But arbitrators have long used procedures to simplify the discovery process that courts have only recently begun to adopt, says attorney and arbitrator Richard Seymour.

  • Still Difficult For Patent Holder To Use Equivalents Theory

    Wang.jpg

    The courts have come up with various ways of limiting the application of the "doctrine of equivalents" infringement theory. The Federal Circuit's recent decision in Jang v. Boston Scientific demonstrates an example of the ensnarement rule, says Alan Wang of Haynes and Boone LLP.

  • The Law Firm CFO’s Role In The Strategic Planning Process

    Tyler Quinn

    Today's law firm chief financial officer should be involved in many areas beyond traditional financial management, including operations, risk management and information technology. He or she can support strategic planning throughout the process, from development of the plan to its implementation, measurement and eventual evolution, say Tyler Quinn and Marc Feigelson of Kaufman Rossin PA.

  • Law Firms Must Transition To An Industry Sector Approach

    Heidi Gardner

    Clients are beginning to expect and demand that their external lawyers provide advice tailored to the client's industry. Aside from this, law firms should want to move toward a sector approach because industry-focused groups are a natural place for cross-practice collaboration to flourish, say Heidi Gardner and Anusia Gillespie of Harvard Law School.

  • Rule 30(b)(6) Deposition Strategies For Employers: Part 2

    Excerpt from Lexis Practice Advisor
    Marjorie McMahon Obod

    In the final part of this article, Marjorie McMahon Obod of Dilworth Paxson LLP addresses Federal Rule of Civil Procedure 30(b)(6) deposition tactics, such as preparing a designee, defending the deposition, and reviewing and finalizing the deposition transcript.

  • Sham Affidavits In Medical Product Liability: Part 2

    James Beck

    When a witness says one thing in a deposition, but later offers an affidavit directly contradicting the prior testimony, with no credible explanation, the U.S. Supreme Court has held that the affidavit should be disregarded. James Beck of Reed Smith LLP offers a survey of significant medical product liability cases in which both plaintiffs' experts and plaintiffs themselves have contradicted their own prior statements.

  • Series

    Judging A Book: Kozinski Reviews 'The Judge'

    Judge Alex Kozinski

    In their new book, "The Judge: 26 Machiavellian Lessons," do Ronald Collins and David Skover prove their thesis that hypocrisy is the key to judicial greatness? Some of the examples they present are hard to dispute, says Judge Alex Kozinski of the Ninth Circuit.

  • Rule 30(b)(6) Deposition Strategies For Employers: Part 1

    Excerpt from Lexis Practice Advisor
    Marjorie McMahon Obod

    Federal Rule of Civil Procedure 30(b)(6) allows an employee to depose an employer that is a corporation, governmental agency or other organization. Marjorie McMahon Obod of Dilworth Paxson LLP examines the use of depositions under this rule when an employee has sued an employer for a violation of employment law.