Trials

  • June 23, 2017

    Ex-Calif. City Official Gets Corruption Counts Tossed

    A California appeals court on Friday reversed nearly half of the corruption charges against a former Bell, California, city official convicted for a scheme to fleece the working-class city for millions of dollars, citing erroneous jury instructions.

  • June 23, 2017

    Fed. Circ. Axes Prism’s Patents In Appeal Of T-Mobile Win

    The Federal Circuit sided with T-Mobile on Friday after the wireless carrier fended off a $100 million infringement lawsuit by Prism Technologies LLC at trial, and it went further than the lower court by invalidating Prism’s authentication server patents as noninventive, abstract ideas under Alice.

  • June 23, 2017

    GM Deal Could Settle Hundreds Of Ignition Switch Claims

    General Motors LLC has agreed to a private, confidential settlement that could resolve hundreds of claims against the automaker over an allegedly defective ignition switch, GM’s lawyers said in a letter to the New York federal judge overseeing the multidistrict litigation.

  • June 23, 2017

    Star Witness Says Gifts To Philly DA Yielded No Help

    A suburban Philadelphia businessman and star government witness in the federal corruption case against Philadelphia District Attorney Seth Williams conceded under cross-examination Friday that several years of lavish gifts to his “friend” yielded no relief on his most pressing problems.

  • June 23, 2017

    Baker McKenzie Attys Take On Trump Over Record-Keeping

    Two Baker McKenzie tax attorneys and a trial lawyer are representing a Washington, D.C.-based watchdog group in a new lawsuit filed Thursday alleging that President Donald Trump and his staff are failing to preserve statutorily mandated records through their use of messaging apps and social media platforms.

  • June 23, 2017

    Sears Seeks New Judgment After $6M Verdict In Wrench Suit

    Sears Holdings Corp. and Apex Tool Group LLC asked an Illinois federal judge Thursday to overturn a jury’s $6 million patent verdict against them, claiming the jury made an emotion-fueled decision unmoored by the law.

  • June 23, 2017

    Philly Nonprofit Boss Convicted In $1M Fraud Scheme

    The politically connected head of a Philadelphia nonprofit mental health clinic was convicted on federal charges on Friday for misappropriating what prosecutors claim may have been up to $1 million in funds from the facility.

  • June 23, 2017

    Ex-BigLaw Atty Taps Proskauer For Post-Verdict Defense

    Robert Schulman, the former Hunton & Williams LLP patent lawyer convicted of insider trading on a Pfizer deal, has tapped a Proskauer Rose LLP appellate partner for his post-verdict defense, a Thursday filing said.  

  • June 23, 2017

    Feds Seek 35 Years For Pharmacist In Meningitis Outbreak

    Federal prosecutors told a Massachusetts federal judge that a pharmacist convicted of racketeering for his role in the deadly 2012 meningitis outbreak deserves to be jailed for 35 years, a sentence the government says is merited by the enormous human devastation that he left in his wake.

  • June 23, 2017

    Farmers Awarded $218M In 1st Syngenta GMO Corn Trial

    A Kansas federal jury awarded corn producers $218 million Friday in the first trial in multidistrict litigation over agricultural giant Syngenta’s alleged role in China’s rejection of U.S. corn shipments.

  • June 22, 2017

    Feds, Shkreli Trade Claims Of Dubious Witness Tricks

    A federal prosecutor on Thursday told a New York federal judge that a relative of former pharmaceutical executive Martin Shkreli had contacted a witness and implied they should not testify, while Shkreli's lawyers warned that the government may be scaring off defense witnesses from the securities fraud trial.

  • June 22, 2017

    Ground Beef Cos. Say ABC Report Put End To 'Pink Slime' Use

    Representatives from several of the country’s largest ground beef makers testified for a South Dakota jury Thursday that they had to stop using Beef Products Inc.’s beef trimmings product because of the public outcry caused by ABC reporting calling it “pink slime.”

  • June 22, 2017

    Inside Trader Must Shell Out $1.6M For Role In Sanofi Fraud

    A Georgia federal judge ordered an insurance broker who made $500,000 from a tip about a Sanofi-Aventis SA acquisition to pay $1.6 million in disgorgement and penalties on Thursday, saying his “greed was overwhelming” but did not justify the maximum penalty of triple his profits.

  • June 22, 2017

    REIT Ex-CFO's Bonus Could Hit 8 Times Salary, Feds Say

    Federal prosecutors on Friday showed jurors in the fraud trial of ex-American Realty Capital Properties Chief Financial Officer Brian S. Block a salary schedule that would grant him eight times his $500,000 salary in cash and equity as a bonus that depended in part on the value of a key earnings metric with which he is accused of fiddling.

  • June 22, 2017

    PGA Tour Asks Judge To Rethink Sustaining Antler Spray Suit

    The PGA Tour on Wednesday urged a New York state judge to rehear its arguments that a lawsuit by professional golfer Vijay Singh over a suspension for using a purportedly illicit, deer-antler-derived spray should not go to trial, arguing that Singh has not actually raised any admissible evidence to show the suspension caused him a specific harm.

  • June 22, 2017

    Boat Co. Wins $2.7M Verdict After TC Heartland Move Failed

    A boat company won a $2.7 million verdict in a patent suit against Brunswick Corp. after Brunswick failed in its quest to move the suit from Virginia to Tennessee after the U.S. Supreme Court’s TC Heartland decision, according to a verdict form filed Wednesday.

  • June 22, 2017

    Judge Denies Acquittal Bid In Meningitis Outbreak Case

    A federal judge in Massachusetts on Thursday declined to toss the racketeering and mail fraud convictions of a pharmacist whose company, the New England Compounding Center, was linked to the deadly 2012 meningitis outbreak.

  • June 22, 2017

    Gov't Witness Says Gifts To Philly DA Had A Purpose

    A suburban Philadelphia businessman described using lavish gifts — from a $3,000 custom sofa to an all-expenses-paid trip to the Dominican Republic — to cultivate a friendship with Philadelphia District Attorney Seth Williams, as testimony in the latter’s federal corruption trial that continued Thursday.

  • June 22, 2017

    2 Bellwethers Selected Against Lilly In Testosterone MDL

    The Illinois federal judge overseeing multidistrict litigation against manufacturers of testosterone replacement therapy drugs on Thursday selected the first two cases that will go to trial against Eli Lilly and Co.

  • June 22, 2017

    11th Circ. Keeps Health Workers’ Convictions In $63M Fraud

    Two Florida mental health counselors convicted of conspiracy for their roles in a $63 million Medicare and Medicaid fraud and kickback scheme will not get a new trial, an Eleventh Circuit panel ruled Wednesday, saying that the jury had enough evidence to reach its verdict.

Expert Analysis

  • Protect Innovation By Making FDA Compliance Admissible

    Lisa Dwyer

    The U.S. Supreme Court will soon decide whether to hear a case concerning a medical device maker's right to introduce the U.S. Food and Drug Administration’s review and authorization of its product into evidence. Such information should be a legitimate part of companies' full and robust defenses of their products, say Lisa Dwyer of King & Spalding LLP and Matthew Wetzel of AdvaMed.

  • DuPont Ruling And Trade Secret Enforcement Under Trump

    Joseph Fazioli

    In DuPont, the Ninth Circuit recently affirmed the first federal jury conviction for charges arising under the Economic Espionage Act and potentially catalyzed more aggressive economic espionage and trade secret enforcement, say Joseph Fazioli and James Bobseine of Dechert LLP.

  • Opinion

    Justice Kennedy's Moderating Influence On The High Court

    Nan Aron

    The guessing game around Justice Anthony Kennedy’s possible retirement is reaching a crescendo. Yet the speculation does more than fuel bookmakers’ odds. It draws attention to his pivotal role as the court’s swing vote, says Nan Aron, president of Alliance for Justice.

  • The Shrinking Doctrine Of Specific Personal Jurisdiction

    Grant Esposito

    The U.S. Supreme Court's decision in Bristol-Myers Squibb v. Superior Court of California reaffirmed a causation requirement between a plaintiff’s claims and the defendant’s in-state conduct. After this ruling, the test for specific personal jurisdiction is simple: File suit where the defendant did something significant that caused the claim to arise, say attorneys with Morrison & Foerster LLP.

  • Tax Deductibility And Statutory Damages — A Waiting Trap

    Peter Robbins

    Statutory damages guarantee a minimum recovery in each individual case where a violation may cause only nominal damage. But aggregated statutory damages in class actions can create a risk of staggeringly large awards, which may not be tax-deductible. Companies must know the law and take steps to minimize tax consequences, says Peter Robbins of Corbett & Robbins LLP.

  • Weekly Column

    Innovating For Wise Juries: Juror-Posed Questions

    Roy Futterman

    One way to combat juror confusion and boredom is to allow jurors to ask witnesses questions. No federal evidentiary or court rule prohibits it, and every federal circuit court to address the practice has held it permissible, say Stephen Susman, Richard Lorren Jolly and Dr. Roy Futterman of the NYU School of Law Civil Jury Project.

  • Tough Times For Forum Shoppers

    Lawrence Ebner

    A trio of rulings from the U.S. Supreme Court has made this a difficult spring for forum-shopping lawyers. TC Heartland, BNSF Railway and now Bristol-Myers Squibb have enforced limits on exercise of personal jurisdiction over corporate defendants, sending an unmistakable message to lower courts, says Lawrence Ebner of Capital Appellate Advocacy PLLC.

  • Footnote In Kokesh Signals Bigger Changes On The Horizon

    Sean Casey

    The immediate effects of imposing a five-year statute of limitations on SEC disgorgement claims may be limited. A far more intriguing element of the Kokesh opinion is found in a footnote, which brings opportunities for real damage to the SEC’s toolbox, say attorneys with Walden Macht & Haran LLP.

  • How Hamilton Meats Has Shaped Calif. Economic Damages

    Robert Tyson Jr.

    Since the California Supreme Court's 2011 ruling in Howell v. Hamilton Meats, the case has significantly shaped the litigation landscape, including many high-profile opinions and jury verdicts in its aftermath. It also has significant implications for the Affordable Care Act and plaintiffs’ litigation strategy, says Robert Tyson Jr. of Tyson & Mendes LLP.

  • How Science Days Are Changing Talc Litigation

    David Schwartz

    Tutorials in the form of “science days” are an increasingly common way for judges to learn more about the science behind litigation over medical and consumer products and chemical exposures. The science day held recently by a California state court judge overseeing talcum powder litigation provides valuable insights into the process, say David Schwartz of Innovative Science Solutions LLC and attorney Nathan Schachtman.