• March 16, 2018

    Split 11th Circ. Upholds Bias Verdict In Promotion Row

    A heavily fractured Eleventh Circuit panel delivered a long-awaited decision in a woman’s discrimination suit alleging she was passed over for promotion because of her gender, on Friday upholding a jury’s finding of bias and affirming a decision to remove punitive damages from the verdict.

  • March 16, 2018

    Summary Judgment Denial Clears Path For Abilify Trials

    A Florida federal judge late Thursday released a redacted version of an order denying a bid for summary judgment from Otsuka Pharmaceutical and Bristol-Meyers Squibb in multidistrict litigation over alleged side effects of the anti-psychotic drug Abilify, paving the way for trials in consumers' cases this summer.

  • March 16, 2018

    Va. Woman Gets 2½ Years For Microlender Investment Fraud

    A northern Virginia church member who admitted to helping her pastor and his wife run what federal prosecutors have alleged was an investment fraud disguised as an empowering, internationally oriented microlending firm was sentenced Friday in Alexandria federal court to serve 30 months in prison.

  • March 16, 2018

    Test Of Percoco Verdict Will Shape Corruption Law

    New York Gov. Andrew Cuomo’s former aide Joseph Percoco took a blow recently in one of the first trials to produce a bribery conviction post-McDonnell, but its impact on public corruption cases will depend on whether such jury verdicts can pass muster before more discerning appeals courts.

  • March 16, 2018

    Wilmington Trust Past Due Waivers Said To Run For Years

    A Wilmington Trust Corp. backlog of unacknowledged, past due commercial loans included 142 debts worth $177.3 million that were six months to three-and-a-half years past due when 2009 ended, a witness said Friday during a Delaware fraud and securities trial for four bank executives.

  • March 16, 2018

    Microsoft Wants Corel To Pay Attys Fees For $278K IP Verdict

    Microsoft has asked a California federal court to add its attorneys' fees to the $278,000 verdict it scored against Corel last month for infringing patents related to its Office software, in a move that could add substantially to the relatively milquetoast judgment.

  • March 16, 2018

    Zarrab Says Former Cellmate's Rape Allegation Is 'Fiction'

    A jailhouse-rape suit lodged against Reza Zarrab, the famed Turkish-Iranian trader who admitted to participating in a sanctions-evasion scheme benefiting the Iranian government, is fiction, Zarrab's lawyer said Friday.

  • March 16, 2018

    Experts At Heart Of Tension In Health Care Prosecutions

    The rare reversal of a Kentucky heart doctor’s fraud conviction and prosecutors’ appeal highlights the way the U.S. Department of Justice is using experts to dispute the necessity of health care procedures and could add another answer to when a medical outlier can be distinguished from a fraud.

  • March 16, 2018

    3rd Circ. Won't Grant New Trial To Car Dealer In Fax Row

    The Third Circuit on Friday denied a car dealership's bid for a new trial against the former president of a roofing company in a class action over unsolicited faxes advertising its services, rejecting claims that jury instructions were erroneous and questioning whether he could be held liable at all.

  • March 16, 2018

    2nd Circ. Case Doesn’t Clear Kelly In GWB Scandal, Say Feds

    Prosecutors on Thursday blasted the defense argument that a recent Second Circuit opinion dealing with a convicted sex offender supports a former public official's claims that she did not violate residents' civil rights to travel freely by allegedly causing gridlock near the George Washington Bridge in a political revenge scheme.

  • March 16, 2018

    AT&T-Time Warner Challenge Winds Its Way To Trial

    The U.S. Department of Justice’s challenge to AT&T’s planned purchase of Time Warner heads for a courtroom showdown Monday with opening arguments firing up a day or two in, following a fraught and lively lead-up that last saw the judge scolding the press corps and threatening contempt. Here, an interactive Law360 graphic details the rather peculiar path of this major telecom merger challenge.

  • March 16, 2018

    A Chat With Littler Info Chief Durgesh Sharma

    In this monthly series, legal recruiting experts at Major Lindsey & Africa interview management from top law firms about navigating an increasingly competitive business environment. Here we feature Durgesh Sharma, chief information officer at Littler Mendelson PC.

  • March 16, 2018

    DOJ, AT&T Set To Spar Over Future Of Media Industry

    The U.S. Department of Justice will step into court Monday for its first trial challenging an almost purely vertical merger in 40 years, alleging that AT&T’s planned, $85 billion purchase of Time Warner will give AT&T too much power over rival distributors.

  • March 15, 2018

    Fiat Chrysler Loses Appeal Of $40M Fatal Jeep Fire Award

    The Georgia State Supreme Court upheld a $40 million award to the family of a boy who died in 2012 when riding in a 1999 Jeep Grand Cherokee after the car was rear-ended and burst into flames, finding the salary and benefits of Fiat Chrysler Automobiles’ CEO were admissible evidence.

  • March 15, 2018

    F-Squared Founder’s Claim To Be Broke Moves Judge

    A Massachusetts federal judge wrestled Thursday with balancing the public’s right to know and the privacy rights of the founder of defunct stock-picking company F-Squared, who faces a multimillion-dollar judgment after a jury found him liable for misrepresenting his flagship investment product.

  • March 15, 2018

    Gun 'Just Went Off,' Atty Said After He Shot Wife, Jury Told

    A former Fisher Phillips partner who shot his wife told one of the nurses treating her afterwards that the gun was in his hand and "just went off," the nurse testified Thursday in the Atlanta trial over murder charges against the attorney.

  • March 15, 2018

    Fed. Circ. Junks $1M Dominion Energy Patent Verdict

    A Federal Circuit panel on Thursday tossed a $972,000 award for Dominion Resources Inc. and a jury verdict that found Alstom Grid Inc. infringed its patent covering energy-conservation software, ruling that Dominion’s expert relied on contradictory and unsupported evidence.

  • March 15, 2018

    5th Circ. Affirms 2 Convictions In BP Oil Spill Fraud Case

    The Fifth Circuit on Wednesday upheld the convictions of two consultants accused of inflating the number of claimants in a $2.3 billion settlement in the BP PLC Deepwater Horizon litigation, rejecting their argument that a separate trial was necessary after the other defendants turned on them.

  • March 15, 2018

    Ex-Minn. Hockey Coach Gets $3.7M Verdict In Bias Case

    A federal jury awarded former University of Minnesota Duluth women’s hockey coach Shannon Miller $3.7 million in her case accusing the school of discrimination and of retaliating against her for complaining about disparate treatment, according to a verdict on Thursday.

  • March 15, 2018

    Ex-Manager Testifies Bribes Were ‘Open Secret’ At Georgeson

    A 25-year veteran of Wall Street sat behind a witness stand in Boston on Thursday and told a federal jury that four of his closest co-workers at a leading corporate advisory firm bribed a shareholder representative for confidential data.

Expert Analysis

  • Changes To Rule 23 Are Coming, Are You Prepared?

    Niki Mendoza

    Proposed amendments to the Federal Rules of Civil Procedure Rule 23, which governs class actions, are set to take effect on Dec. 1, 2018, pending approval. The amendments would significantly alter class action litigation procedure from notice to settlement, says Niki Mendoza of GCG.

  • Key Statistical Issues In Eye Doc Fraud Sentencing

    Jennifer Dowdell Armstrong

    The reasonableness of an extrapolated loss calculation was a significant sentencing issue in U.S. v. Melgen last month in the Southern District of Florida. The court found flaws in both the government's and defendant’s analyses, and then calculated its own loss figures, say Jennifer Dowdell Armstrong of McDonald Hopkins LLC and Chris Haney of Forensus Group LLC.

  • Lawyering A La Carte: Unbundled Dispute Resolution Services

    David Wallace

    There's no reason for limiting unbundled legal services to family law or even pro se litigants. Wider adoption, especially by litigators, presents an opportunity to correct law's distribution and pricing problem, to make justice practically available to all, and to dethrone litigation as the "sport of kings," says New York-based trial lawyer David Wallace.

  • Doling Out 'Fair Shares' Of Asbestos Liability

    Theresa Mullineaux

    The Pennsylvania Superior Court recently ruled that the Fair Share Act applies to asbestos litigation, meaning that defendants are only responsible for the percentage they are found liable for. Defendants in such cases should ensure that all possibly liable defendants are timely joined as parties in the lawsuit, says Theresa Mullineaux of Husch Blackwell LLP.

  • How Juries View Active Shooter Premises Liability

    Bliss Piverger

    Trial consultants Bliss Piverger and Christina Marinakis of Litigation Insights Inc. discuss how jurors’ feelings about safety in the wake of a mass shooting can influence their views on lawsuits against premises owners, security companies, event organizers, gun manufacturers and social media platforms.

  • You’re Perfect, Now Change: Perfectionism Hurts Lawyers

    Peter Norman

    Like medical professionals, lawyers often resist policies to reduce errors due to the culture of perfectionism that permeates the industry. Autonomy is key to the legal professional's prestige and the outward demonstration of competence is key to maintaining autonomy, says Peter Norman of Winnieware LLC.

  • 11th Circ. Creates Headaches For Judges, Defense Attorneys

    Stephen McConnell

    Many bad drug and device law decisions lately have come from appellate courts, with the Eleventh Circuit in particular creating obstacle courses for both defense practitioners and judges. This month's Rowe v. Mentor Worldwide LLC ruling is an example. All the claims would have been dismissed if not for a pesky, unsound and inconsistent Eleventh Circuit case, says Stephen McConnell of Reed Smith LLP.

  • Opinion

    Grassley, Feinstein Debate Judicial Vetting, Obstruction

    Sen. Chuck Grassley

    It is undisputed that in his first year in office President Trump was able to confirm a significant number of judges to the federal bench. How it happened — and whether it's a good thing — are debated here by Sen. Chuck Grassley, R-Iowa, and Sen. Dianne Feinstein, D-Calif.

  • 3rd Circ. Gets It Partly Right On Component Preemption

    Michelle Hart Yeary

    The recent Third Circuit opinion in Shuker v. Smith & Nephew got the most important issue right — when you have a multicomponent medical device, premarket approval preemption is to be addressed on a component-by-component basis. This is an important question, because surgeons engaging in off-label use do mix and match parts with different regulatory backgrounds, says Michelle Yeary of Dechert LLP.

  • 5 Easy Ways To Improve Your Demonstratives For Trial

    Jason Fowler

    Not all demonstratives are created equal. While lawyers as a group have mastered the art of presenting arguments orally and in writing, there is much room for improvement in how we present arguments visually, says Jason Fowler of Covington & Burling LLP.