Trials

  • June 02, 2020

    Cox Can't Topple $1B Piracy Verdict, But Wins Some Trims

    A Virginia federal judge on Tuesday largely upheld a $1 billion internet piracy verdict won by major record labels against Cox Communications, but said he would need to reassess how many songs had been involved in the lawsuit in order to recalculate the award.

  • June 02, 2020

    After $112M Loss, Control Co.'s Website Draws Contempt Fine

    A German seller of control systems for construction equipment faces a $10,000-a-day penalty for relaunching a sales website and violating a judge's order entered after it lost a $112 million trial to a former business partner, the federal judge in Oklahoma City ruled Tuesday.

  • June 02, 2020

    Monsanto Says $78M Roundup Verdict Barred By Federal Law

    Monsanto urged a California appeals court Tuesday to undo its $78 million loss in the first trial on allegations its weedkiller Roundup causes cancer, arguing that a school groundskeeper's claim is preempted by federal law because it focuses only on Roundup's labeling — which is the purview of federal regulators.

  • June 02, 2020

    10th Circ. Affirms Solar Energy Tax Credit Scheme Owes $50M

    A Tenth Circuit panel affirmed a $50 million disgorgement order Tuesday for a solar energy company to return profits from promoting an abusive tax scheme that leased useless solar lenses to companies so they could claim solar energy tax write-offs.

  • June 02, 2020

    NC Court OKs $3M Award In Neighbor Dispute Shooting Suit

    A North Carolina appellate panel on Tuesday upheld a $3 million jury verdict in a suit accusing a man of shooting his neighbor in a hardware store parking lot due to an ongoing dispute, saying the jury appropriately found that the man did not act in self-defense.

  • June 02, 2020

    Total E&P Tells 5th Circ. To Undo $21.6M Jury Award

    Total E&P USA Inc. urged the Fifth Circuit during oral arguments Tuesday to not only reject a bid by a former business partner to tack an additional $11.4 million onto a $21.6 million jury verdict against the oil and gas company, but to order a whole new trial in the case.

  • June 02, 2020

    Sanofi Boots Some Plaintiffs From Chemo Hair Loss MDL

    A Louisiana federal judge has ruled that cancer patients who started taking the chemo drug Taxotere before a certain date in 2006 can't sue Sanofi-Aventis US LLC under Louisiana law over claims of permanent hair loss, as evidence in a first bellwether trial firmly established that date as a cutoff.

  • June 02, 2020

    VirnetX Wants Apple's 'Crucial' Docs Ahead Of $700M Retrial

    VirnetX is urging an Eastern District of Texas court to order Apple to turn over "crucial" documents about its virtual private network systems, which were found to have infringed VirnetX's patented technology, ahead of a new trial this summer over potentially $700 million in damages.

  • June 02, 2020

    Pet Supply Co. Trims $12.6M Award In Product Patent Suit

    A New Jersey federal judge has trimmed an inventor's roughly $12.6 million jury award in her suit alleging that a pet supply company stole her idea for a skin medicine applicator for dogs and cats, finding that the business did not infringe her patent and that certain damages were duplicative.

  • June 01, 2020

    Dockworkers Union To Take $19M Post-Trial Loss To 9th Circ.

    A federal court has ruled that a dockworkers union that lost a trial against the Port of Portland over lost business can immediately appeal to the Ninth Circuit a mandate that it face either $19 million in damages or a new trial, saying there are important questions of law to resolve first.

  • June 01, 2020

    Imprisoned NECC Pharmacist Can't Get COVID-19 Release

    A Boston federal judge has refused to release a pharmacist connected to a deadly meningitis outbreak from prison on compassionate-release grounds related to the spread of the novel coronavirus inside prisons, saying there's nothing "extraordinary" about the man's situation.

  • June 01, 2020

    Asbestos Battles Show One Possible Fate For J&J After Talc

    As Johnson & Johnson promises to keep fighting the legal war over allegations that its recently discontinued talc-based baby powder causes cancer, experts say the history of asbestos litigation shows the company can expect that war to last decades.

  • June 01, 2020

    Hospitalized DuPont IP Thief Seeks Release Over COVID-19

    The first person ever convicted of economic espionage by a federal jury, for stealing manufacturing secrets from DuPont Co. and selling the information to Chinese-owned companies, has asked for early home release, saying he contracted COVID-19 in prison and is on a ventilator.

  • June 01, 2020

    Seed Co. Gets Award For Stolen Trade Secret Upped To $9M

    A dietary supplement maker is on the hook for more than $9 million after a federal judge found it owed attorney fees and double what a jury said it had to pay after finding it wrongly obtained a seed company's trade secret on broccoli seeds and sprouts.

  • June 01, 2020

    Ga. Justices Reinstate Doc's Win In Hunter's Paralysis Suit

    The Georgia Supreme Court on Monday reinstated a defense verdict in a suit accusing a doctor of prescribing too much medication to a patient who later fainted, fell out of a deer hunting stand and became paralyzed, saying there was evidence to warrant jury instructions on risk assumption.

  • June 01, 2020

    Pa. County Cut From $14M Privacy Settlement Processing

    Citing the potential for additional cost and squabbling among the attorneys, a Pennsylvania federal judge on Monday said she would not allow a Philadelphia-area county to take direct responsibility for cutting checks from a potential $14 million settlement to resolve class claims over its illegal publication of criminal records online.

  • June 01, 2020

    Texas Can't Reverse $28.8M Jury Verdict Over Highway Project

    The state of Texas lost a bid to undo a $28.8 million jury award in a lawsuit brought against it by a developer who said the Grand Parkway toll road project and the related condemnation of 40 acres tanked the value of the site for a proposed residential development.

  • June 01, 2020

    Boies Adds 2 From DOJ As Another Partner Exits In NY

    Boies Schiller Flexner LLP, which is undertaking a firmwide restructuring process, announced Monday it has hired two partners from within the ranks of the U.S. Department of Justice to bolster its white collar and trial capabilities in Washington, D.C., and Los Angeles.

  • May 29, 2020

    Tenn. Court OKs Slash Of $4.5M Med Mal Verdict To $1.25M

    A Tennessee appeals court on Thursday approved the reduction of a $4.5 million medical malpractice award to $1.25 million in a closely watched case that had included a constitutional challenge to the state's statutory damages cap.

  • May 29, 2020

    PG&E Objector Suggests Weil Atty's Son Raises Conflict

    A bench trial over whether to confirm Pacific Gas and Electric Co.'s $58 billion bankruptcy reorganization plan entered its third day Friday, with an objector questioning whether a conflict exists because a Weil LLP attorney representing PG&E is the father of a director of the company running its confirmation process.

  • May 29, 2020

    COVID-19 IP Catch-Up: Remdesivir Access, Zoom TM Security

    The novel coronavirus pandemic has continued to cause delays and waivers in the patent and trademark worlds, and also has led to questions about who owns the rights to a key antiviral drug and whether Zoom should be concerned about its trademark.

  • May 29, 2020

    NJ's Judicial Vacancies To Collide With COVID-19 Crisis

    The ongoing ban on New Jersey state jury trials due to the COVID-19 pandemic could make a bad situation even worse for courts already facing judge shortages as they struggle to get through the cases piling up during the crisis, leading to further gridlock in Garden State litigation.

  • May 29, 2020

    Dollar General On Hook For $630K Slip-And-Fall Verdict

    A split Arkansas Supreme Court has affirmed a $630,000 trial verdict in favor of a woman who fell outside a Dollar General Corp. store, saying there was "substantial" evidence that an area of sidewalk was dangerous and approving a chiropractor's expert testimony.

  • May 29, 2020

    Fla. Felon Vote Ruling Could Reach Beyond Sunshine State

    A recent decision from a Florida federal judge that the state cannot block ex-felons who don't pay court-ordered fines and fees from voting could, if upheld on appeal, reverberate to neighboring states that have enacted similar requirements.

  • May 29, 2020

    Farmers Want To Delay Peanut Price-Fix Trial Over COVID-19

    Farmers and companies suing three of the largest players in the U.S. peanut shelling industry are asking a Virginia federal judge to postpone the start of their mid-January price-fixing trial for at least four months, citing coronavirus-related discovery challenges and an overlap with another case.

Expert Analysis

  • Opinion

    Lawyers Must Address Racial Injustice With Radical Candor

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    The legal industry is uniquely positioned, and indeed obligated, to respond to the racial disparities made clear by the recent killings of George Floyd and Breonna Taylor, but lawyers must be willing to be uncomfortable, says Tiffani Lee at Holland & Knight.

  • Studying The Post-Pandemic Juror By Generation

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    A close look at the life experiences unique to baby boomers, Generation X, millennials and others can offer valuable insight into how the pandemic could shape jurors' opinions in very different ways depending on their birth cohort, say trial consultants at JuryScope.

  • How NJ Talc Case May Shift NY Courts On Expert Testimony

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    A New Jersey federal court's recent decision in litigation over Johnson & Johnson talc products may help push state courts in neighboring New York further toward using the Daubert evidentiary standard — giving courts a more active gatekeeping role over expert testimony, say attorneys at Darger Errante.

  • How Lawyers Can Network Better, Virtually And In Person

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    The current decrease in formality and increase in common ground due to the work-from-home environment can make it easier to have a networking conversation, says Megan Burke Roudebush at Keepwith.

  • Opinion

    How Rules Of Evidence Lead To Convictions Of The Innocent

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    Every trial lawyer knows that Amy Cooper's compelling 911 call from Central Park, although hearsay, could be played to a jury at trial to bolster witness trial testimony, highlighting the fact that the Federal Rules of Evidence contain numerous pathways for prosecutors to introduce all types of evidence that would otherwise be excludable, says attorney John Lauro.

  • Practical Tips For Presenting Your Case To Litigation Funders

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    One mistake that attorneys commonly make when presenting a case to a third-party funder is focusing almost exclusively on liability and giving short shrift to the damages analysis — resulting in an aspirational damages estimate that falls apart under scrutiny, say Cindy Ahn and Justin Maleson at Longford Capital and Casey Grabenstein at Saul Ewing.

  • Avoiding Inadvertent Privilege Waivers In E-Communications

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    Attorneys at WilmerHale highlight recent developments in privilege law, the significant challenges raised by nontraditional working arrangements popularized during the pandemic, and ways to avoid waiving attorney-client privilege when using electronic communications.

  • Strategies For Managing Calif. Litigation As Courts Reopen

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    As state and federal courts in California begin to reopen, strategic decisions need to be made about where cases should be filed, public and private perception of litigation conduct, alternative plans for discovery, and more, says attorney Steven Brower.

  • Opinion

    Don't Cancel Your Summer Associate Programs

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    While pulling off an effective summer associate program this year will be no easy feat, law firms' investments in their future attorneys should be considered necessary even during this difficult time, says Summer Eberhard at Major Lindsey.

  • How Hollywood Can Inspire Courtroom Presentations

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    As attorneys patiently wait for jury trials to resume, they can explore three effective transition techniques commonly used in movies to bring their courtroom PowerPoint presentations to the next level, say Adam Bloomberg and David Metz at Litigation Insights.

  • Calif. Justices' Ruling Marks Turning Point For Jury Trial Right

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    The California Supreme Court’s holding that unfair competition and false advertising claims don’t need to be tried by a jury in Nationwide Biweekly v. Superior Court creates a framework for analyzing causes of action under other state laws that could steer courts to similar conclusions, says Patrick Hammon at McManis Faulkner.

  • Trial By Webcam: Tips From A Firsthand Experience

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    Initially incomprehensible, it turns out that conducting trial by video is reasonable and relatively convenient, as long as lawyers do not try to recreate the courtroom experience, say Wheeler Trigg attorneys Joel Neckers and Peter Herzog, who recently participated in an online bench trial in United Power v. Tri-State before the Colorado Public Utilities Commission.

  • 5 Ways To Reduce Post-Pandemic Legal Malpractice Exposure

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    History suggests that legal malpractice claims will rise following the current economic downturn, and while a certain percentage of the claims will be unavoidable, there are prophylactic steps that law firms can take, says John Johnson at Cozen O'Connor.

  • Opinion

    Credibility Concerns About Virtual Arbitration Are Unfounded

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    Concerns that videoconferenced arbitration hearings compromise an arbitrator's ability to reliably resolve credibility contests are based on mistaken perceptions of how many cases actually turn on credibility, what credibility means in the legal world, and how arbitrators make credibility determinations, says Wayne Brazil at JAMS.

  • Opinion

    Flynn Contempt Inquiry Is Vital To Judicial Independence

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    The D.C. Circuit should uphold the district court's authority to investigate whether Michael Flynn acted in criminal contempt, which is important for affirming judicial independence in this era of partisan prosecuting, says Harold Krent at Chicago-Kent College of Law.

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