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Trials

  • November 16, 2018

    Pirates, Stadium Share Blame In Foul-Ball Injury, Jurors Told

    A Pittsburgh woman struck in the head by a foul ball at PNC Park blamed the injury for derailing her promising career, but the attorney for the company that installed the safety netting pointed a finger at the Pirates, the stadium’s designers and the woman herself in the opening arguments of a state civil trial Friday.

  • November 16, 2018

    Feds' Late Evidence Causes Mistrial In $16M Fraud Suit

    The fraud trial of a former Defense Department official and a government contractor accused of partaking in a $15.7 million kickback scheme will have to start over, a Virginia federal judge has ruled, finding the men might've switched up their trial tactics if they had had time to review thousands of documents prosecutors revealed midtrial.

  • November 15, 2018

    Calif. Judge Moves Up Roundup Trial Due To Health Concerns

    A California judge on Thursday granted a couple's request to expedite the trial schedule for their lawsuit alleging Monsanto's Roundup and Ranger Pro herbicides gave them cancer, saying their health could impact their ability to pursue their claims and setting the trial for March 18.

  • November 15, 2018

    Dewey Drama Takes Unexpected Twist With Ex-CFO's Jailing

    The long saga of failed BigLaw firm Dewey & LeBoeuf LLP took another dramatic twist Thursday when a New York judge threw the firm's former chief financial officer in jail briefly for not paying his $1 million criminal fine, leaving some lawyers shocked.

  • November 15, 2018

    Warner Bros. Wins Dismissal Of Directors' Suit

    A California appellate panel blasted a trial court’s “inexplicable” effort to bring a proposed class action by film directors against Warner Bros. to trial just ahead of the expiration of a five-year deadline, ruling Wednesday the suit must be dismissed.

  • November 15, 2018

    Doctor's Trial Win Affirmed In Suit Over Gauze Left In Neck

    An Illinois appeals court affirmed a jury’s decision to clear a doctor of malpractice in a suit accusing him of leaving gauze in a patient’s neck wound after a procedure, causing nerve damage, saying the verdict was supported by the evidence.

  • November 15, 2018

    Tata Exec Defends Firing Practices In Discrimination Trial

    Tata Consultancy Services Ltd.’s head of workplace effectiveness defended the company’s firing practices Thursday during a trial over class allegations that Tata discriminates against non-South Asians, testifying that the company recently raised its retention rates to over 80 percent of workers.

  • November 15, 2018

    PE Firm's Head Gets New Trial In $60M Tribal Bond Scam Case

    A former private equity firm director convicted of conspiring to defraud pensioners and a Native American tribe of more than $60 million through the issuance of tribal bonds was granted a new trial Thursday after a New York federal judge expressed doubts about his awareness of the fraud scheme.

  • November 15, 2018

    UPenn Dental Affiliate Beats Ex-Dentist's Race Bias Suit

    A Pennsylvania federal jury has concluded that a University of Pennsylvania-affiliated dental practice didn’t discriminate against a black former dentist who claimed he was paid a far lower starting salary than his white peers and ultimately forced to quit due to alleged hostility he faced from a supervisor.

  • November 15, 2018

    2nd Mistrial Called On Claims J&J Talc Gave Atty Fatal Cancer

    The second South Carolina jury to try and decide if a 30-year-old attorney's fatal mesothelioma was caused by alleged asbestos in Johnson & Johnson talcum powder products on Thursday followed in their predecessors' footsteps and deadlocked, leading to the second mistrial in the case.

  • November 15, 2018

    Pork Co. Seeks New Trial After $94M Nuisance Suit Judgment

    Smithfield Foods Inc.'s subsidiary Murphy-Brown LLC asked a North Carolina federal court Wednesday for a new trial after a $94 million judgment was handed down in a case over feces and urine at its hog farms, arguing the jury trial included several significant errors that called its result into question.

  • November 15, 2018

    Strip Club Gets $8M Injury Award Nixed On Appeal

    An Arizona appellate panel on Thursday tossed a jury’s $7.9 million award in a suit accusing a strip club of overserving alcohol to a patron who later caused a man’s severe injuries in an auto collision, saying the trial judge failed to give the jury proper instructions.

  • November 15, 2018

    5th Circ. Orders New Trial For Worker Fired After Injury

    The Fifth Circuit on Wednesday ordered that Hunter Buildings & Manufacturing LP face a new trial over a former employee’s claim that he was fired for seeking workers’ compensation after being hurt in a scaffold collapse, saying a lower court didn’t properly explain its ruling in the employer’s favor.

  • November 15, 2018

    Buc-ee's, Rival Store Agree To Drop Logo Suit

    Popular Texas convenience store chain Buc-ee's and Choke Canyon, a competing store that was found by a federal jury to infringe Buc-ee's beaver logo, agreed Thursday to dismiss the lawsuit, meaning the damages portion of the trial won't take place.

  • November 15, 2018

    Pa. Panel OKs Firing Bus Co. Worker For Stopping Sick Driver

    A Pennsylvania appeals court issued a published decision Thursday finding that the state’s whistleblower law provided no protection to an employee at a bus company who was fired after she proactively worked to prevent an unqualified driver from getting behind the wheel.

  • November 15, 2018

    Ex-Dewey CFO Jailed For Failing To Pay $1M Fraud Fine

    Former Dewey & LeBoeuf LLP Chief Financial Officer Joel Sanders on Thursday was taken into custody and led away from a Manhattan courtroom in handcuffs after failing to make good on the $1 million fine he was sentenced to pay following his fraud conviction last year.

  • November 14, 2018

    J&J Should Pay For Talc Devotee's Death, SC Jury Hears

    Johnson & Johnson should pay tens of millions of dollars in recompense for the life of a South Carolina lawyer who succumbed to mesothelioma at 30 after using talcum powder from birth, her husband's lawyers told a jury Wednesday at the close of a retrial in the case.

  • November 14, 2018

    Ex-UN Boss Bribe Plans Are Fair Game In FCPA Trial

    A New York federal judge on Wednesday said the government may introduce evidence in the Foreign Corrupt Practices Act trial of the head of a Chinese nongovernmental organization that he planned to bribe the same United Nations official at the center of Chinese real estate billionaire Ng Lap Seng’s bribery case.

  • November 14, 2018

    Insurer Must Pay $11.6M Plane Crash Judgment, Judge Says

    A Kansas judge has ruled that the liability insurer for a pilot killed in a 2013 plane crash must cover an $11.6 million judgment entered against the pilot’s estate in a wrongful death lawsuit, finding that the insurer’s failure to promptly offer its $100,000 policy limit to settle the claim led to the massive award.

  • November 14, 2018

    9th Circ. Judge Doubts Bio-Rad Appeal Of Ex-GC's $11M Win

    A Ninth Circuit judge appeared skeptical Wednesday of Bio-Rad Laboratories Inc.'s arguments in favor of overturning an $11 million whistleblower judgment against the company, repeatedly questioning its counsel during a hearing on how an erroneous jury instruction would change the outcome of the verdict.

Expert Analysis

  • Florida Supreme Court Says Frye Is 'Still The One'

    Avery Dial

    In DeLisle v. Crane Co., the Florida Supreme Court recently declared that the Daubert amendment to the Florida Evidence Code infringed on the court's rule-making authority. The court thus signaled that its continued embrace of the Frye standard is thoughtful rather than antiquated, says Avery Dial of Kaufman Dolowich & Voluck LLP.

  • 5th Circ. Takes A Broad View Of Vessel 'Operators'

    Andrew Stakelum

    In its recent ruling in United States v. Nature’s Way Marine, the Fifth Circuit may have expanded the class of marine parties potentially liable under the Oil Pollution Act, says Andrew Stakelum of King & Spalding LLP.

  • NCAA Corruption And The 'Right To Control' Theory

    Kan Nawaday

    The convictions in U.S. v. Gatto for defrauding NCAA schools have shined a spotlight on the relatively obscure — but powerful — “right to control” theory of federal wire and mail fraud liability, which formed the basis for the New York federal prosecutors' case, say Kan Nawaday and Stephen Salsbury of Venable LLP.

  • Q&A

    A Chat With Bryan Cave Innovation Chief Katie DeBord

    Katie DeBord

    In this monthly series, Amanda Brady of Major Lindsey & Africa interviews management from top law firms about the increasingly competitive business environment. Here we feature Katie DeBord, chief innovation officer at Bryan Cave Leighton Paisner LLP.

  • FDA Streamlines 510(k) Process, As Courts Reconsider It

    Caitlin McHugh

    The U.S. Food and Drug Administration is expediting the Section 510(k) approval process for Class II medical devices, while courts are accepting the argument that 510(k) approval signifies safety and effectiveness — with implications for punitive damages awards, say Caitlin McHugh and Matthew Smith of Drinker Biddle & Reath LLP.

  • Don't Panic: Harvey Doesn't Alter Florida's Bad Faith Standard

    Stephen Marino

    Despite the Florida Supreme Court’s consistency with 80 years of precedent in its latest bad faith ruling, Harvey v. Geico, the dissenting opinions — and recent commentary — predict that “mere negligence has now become bad faith” and warn of fabricated claims and market chaos. Stephen Marino and Benjamin Hassebrock of Ver Ploeg & Lumpkin PA disagree.

  • Simple Secrets For Improving Your CLE

    Daniel Karon

    With few cases going to trial, many attorneys keep their oral-presentation skills sharp by teaching continuing legal education programs. To avoid giving a CLE that falls flat and damages your reputation, you must fashion a thoughtful message, control its presentation, and nail the beginning and ending, says Daniel Karon of Karon LLC.

  • It’s Time For Law Firms To Start Talking About Gen Z

    Eliza Stoker

    Since the oldest members of Generation Z aren’t even finished with law school yet, law firm management is in a unique position to prepare for their entrance into the legal workforce, says Eliza Stoker of Major Lindsey & Africa.

  • ​The New Reality Of Patent Trials Post-Halo

    Jeremy Taylor

    ​Jury verdicts following the U.S. Supreme Court’s 2016 Halo decision suggest that previous patent litigation strategies are no longer working for trial-bound cases, say attorneys with Baker Botts LLP.

  • Should Juries Try To Predict FDA Drug Labeling Decisions?

    Alan Klein

    The U.S. Supreme Court's review of Merck v. Albrecht promises to shape the way decisions of regulatory agencies — such as the U.S. Food and Drug Administration’s rejection of a drug manufacturer’s proposed label warning — can be interpreted by juries, say Alan Klein and Matthew Decker at Duane Morris LLP.