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Trials
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August 09, 2024
Boeing, Ethiopian Airlines Families Float April Trial Lineup
Boeing and Ethiopian Airlines Flight 302 crash victims' families told an Illinois federal judge Friday that they're prepping the next six cases for an April trial, but disagreed over whether a Canadian resident who lost five family members in the crash should be slotted in for a standalone trial in March.
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August 09, 2024
Judge Nixes Ex-Defender's Bias Suit, But Calls For Reform
A former public defender in North Carolina failed to show how her equal protection and due process rights were violated during an allegedly botched internal investigation of her sexual harassment claim, a federal judge ruled Friday in a candid opinion that nevertheless called out what he described as a "flawed" dispute resolution process for judiciary employees.
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August 09, 2024
Jury's $1M Paralysis Verdict Against Insurer Overturned
A Texas federal judge overturned a jury's verdict and decided an insurer didn't have to cover a $1 million settlement between a former high school gymnast who became quadriplegic after taking LSD and the owners of the home where he ingested the drugs.
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August 09, 2024
Apple Affiliate Denied Redo Trial After Multistate Wage Verdict
An Apple-affiliated repair company can't undo a jury verdict finding it liable for wage and hour violations in a multistate wage class action, a North Carolina federal judge has ruled, finding there was sufficient evidence to support the verdict.
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August 09, 2024
Jury Says Fla. City Owes Black Firefighter For Retaliation
A federal jury awarded a Black firefighter $72,000 in damages after finding the city of Clearwater, Florida, fired him because he complained that the fire department refused to promote Black workers and otherwise mistreated them.
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August 09, 2024
Ex-Mayer Brown Product Liability Atty Joins King & Spalding
King & Spalding LLP has hired a former Mayer Brown LLP partner for its product liability and mass torts practice group in New York.
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August 08, 2024
Poll Workers, Giuliani Want $148M Judgment Appeal Expedited
Rudy Giuliani and two Georgia election workers who secured a $148 million defamation judgment against him have asked the D.C. Circuit to fast-track the former mayor's appeal of the judgment.
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August 08, 2024
Ex-Girardi Keese Atty Tearfully Recalls Withheld Client Funds
A former Girardi Keese attorney shed tears Thursday as she testified in Tom Girardi's California federal criminal trial, recalling that she became increasingly confused over several months about why he did not issue a settlement check to her client, saying his excuses for withholding the money made no sense.
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August 08, 2024
Apple Wins Bid For 2 Trials In IP Dispute With Masimo
A California federal judge will hold separate trials on Masimo Corp.'s trade secrets and patent claims over the Apple Watch, siding with Apple Inc. and rejecting Masimo's request for one later trial on all the issues, in a case with potentially billions of dollars at stake.
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August 08, 2024
IRS Agents Seek To Join Hunter Biden's Tax Privacy Case
Accusations of wrongdoing against two Internal Revenue Service whistleblowers who said the government downplayed tax fraud allegations against Hunter Biden give the pair standing to intervene in Biden's privacy case against the U.S. government, the men told a federal court.
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August 08, 2024
Google Says Epic's Own Tech Experts Undermine Remedies
Google continued Wednesday to battle what it says would be a dramatic and costly overhaul of its Play Store if Epic Games is allowed to dictate the terms of an antitrust remedy, telling a California federal judge claims of a cheaper, easier solution are undermined by Epic's own experts.
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August 08, 2024
Feds Seek 2 Years For Accountant In $8M Payroll Tax Scheme
A New Jersey moving company's head accountant should serve a two-year sentence for being the "nerve center" of a nearly $8 million payroll tax scheme, prosecutors told a New York federal judge in a bid to deny the man's request for a noncustodial sentence.
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August 08, 2024
Judge Won't Fully Seal Atty's Trial Transcript In Contempt Bid
A group of families that secured a $42 million settlement against a North Carolina county over coercive child custody agreements can't have state trial transcripts sealed that allegedly reveal how much money certain minors got — at least not in their entirety, a federal judge has ruled.
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August 08, 2024
Conn. Judge Says Telecom Can Get $3.5M, Not $61M Interest
CCT Communications can't get the $61 million in interest it sought from a company it's been in dispute with for 14 years after a state judge ruled that Connecticut does not allow interest for breach of contract claims if the interest amounts to a penalty.
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August 08, 2024
Wood's Ex-Partners Seek 'Judgment Day' For 'Lin Almighty'
Thursday, as counsel for the former law partners of controversial ex-attorney Lin Wood put it to a Georgia federal jury, was an auspicious day, as it was a "judgment day" and a chance to "bring down a judgment on a monster" who slandered the three attorneys who for years helped him build a successful law practice.
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August 08, 2024
Mass. Justices Toss Conviction Over 'Vague' Jailhouse Bribe
Massachusetts' top court on Thursday vacated a man's witness intimidation conviction based on "vague and amorphous" promises he made during jailhouse phone calls with his fiancée that prosecutors claimed were bribes.
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August 08, 2024
Calif. Attorney Beats DQ Bid Despite Being Potential Witness
A California state appeals court on Wednesday upheld a lower court decision not to disqualify a San Diego lawyer from representing a client in a malpractice suit against a Pasadena law firm, saying the attorney can be counsel and provide witness testimony at the trial.
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August 07, 2024
Exec Unlikely To Get New Trial In SEC's 'Shadow Trading' Suit
A California federal judge said at a hearing Wednesday that he wasn't inclined to grant a new trial in a novel SEC "shadow trading" case, saying "there's no question" that a former executive of Medivation, a pharmaceutical company, knew that he was using inside information from his company when he purchased a rival's stock.
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August 07, 2024
'Something Sketchy Was Going On,' Girardi Client Tells Jury
A man horribly injured in a gas explosion told a Los Angeles federal jury Wednesday that Tom Girardi lied to him for years about the true details of his civil settlement and withheld millions he was owed, but it took him years to figure out "something sketchy was going on."
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August 07, 2024
Judge's Pharma Comments Could Decide Ineligibility Appeal
A Federal Circuit panel on Wednesday was willing to explore Astellas Pharma's argument that a Nebraska federal judge should be taken off its infringement case over the bladder medication Myrbetriq, given statements that showed a potential bias against the pharmaceutical industry, but also made clear that such reassignments are rare and difficult.
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August 07, 2024
Santos, Feds Agree Jurors' Identities Should Be Secret
Expelled congressman George Santos wants jurors' identities protected for his trial next month on theft and identity theft charges, telling a New York federal judge on Tuesday that prosecutors feel the same given the "astounding" media attention on the case.
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August 07, 2024
6th Circ. Backs 20 Years For Chinese Spy Who Targeted GE
The Sixth Circuit upheld a 20-year prison sentence for a Chinese spy convicted of espionage for trying to steal trade secrets from General Electric's GE Aviation unit, noting in an opinion unsealed Wednesday the punishment was reasonable as he continuously pursued the confidential information using sophisticated tradecraft processes for several years.
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August 07, 2024
Google 'May Not Be So Lucky' Next Time Over Chat Deletions
Google's stunning antitrust loss in D.C. federal court Monday dealt another blow against its policies of letting internal chats delete automatically, and it came with a callout of its practice of training employees to avoid competition law "buzzwords."
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August 07, 2024
Pipe Co. Exec Says Criminal Antitrust Charges Unconstitutional
A former executive of an aluminum pipe company defending the Fourth Circuit's reversal of his bid-rigging conviction has told the U.S. Supreme Court to rule that all criminal antitrust prosecutions under Section 1 of the Sherman Act are unconstitutional, claiming they violate "fundamental constitutional principles" of nondelegation and objectivity.
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August 07, 2024
Judge Says PNC's TM Suit Against Plaid Must Go To Trial
A Pennsylvania federal judge has ruled that PNC Financial Services Group's trademark infringement complaint against third-party software broker Plaid Inc. will proceed to trial after he denied each party's summary judgment motion on Wednesday, saying jurors must decide claims that "could reasonably come out either way."
Expert Analysis
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Opinion
Trump Immunity Ruling Upends Our Constitutional Scheme
The U.S. Supreme Court’s Trump v. U.S. decision elevates the president to imperial status and paves the way for nearly absolute presidential immunity from potential criminal prosecutions — with no constitutional textual support, says Paul Berman at the George Washington University Law School.
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High Court Paves Middle Ground For Proceedings Obstruction
The U.S. Supreme Court's ruling in Fischer sensibly leaves the door open for prosecutors to make more nuanced assessments as to whether defendants' actions directly or tangentially impair the availability or integrity of anything used in an official proceeding, without criminalizing acts such as peaceful demonstrations, say attorneys at Perry Law.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Opinion
A Tale Of 2 Trump Cases: The Rule Of Law Is A Live Issue
The U.S. Supreme Court’s decision this week in Trump v. U.S., holding that former President Donald Trump has broad immunity from prosecution, undercuts the rule of law, while the former president’s New York hush money conviction vindicates it in eight key ways, says David Postel at Henein Hutchison.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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Justices' Bribery Ruling: A Corrupt Act Isn't Necessarily Illegal
In its Snyder v. U.S. decision last week, the U.S. Supreme Court held that a bribery law does not criminalize gratuities, continuing a trend of narrowing federal anti-corruption laws and scrutinizing public corruption prosecutions that go beyond obvious quid pro quo schemes, say Carrie Cohen and Christine Wong at MoFo.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
In the month since the U.S. Supreme Court overturned the Chevron deference standard, this Expert Analysis series has featured attorneys discussing the potential impact across 26 different rulemaking and litigation areas.
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Key Takeaways From High Court's Substitute Expert Decision
The U.S. Supreme Court’s recent Smith v. Arizona decision, holding that the confrontation clause generally bars prosecutors’ use of a substitute expert witness at trial, will have the most impact in narcotics and violent crime cases, but creative defense lawyers may find it useful in white collar cases, too, say Joshua Naftalis and Melissa Kelley at Pallas Partners.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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Justices' 'Blind Mule' Ruling Won't Change Defense Strategy
The U.S. Supreme Court’s decision last week in Diaz v. U.S., holding that expert witnesses can testify broadly about the mental state of “most people” in a group, simply affirms the status quo for the majority of defendants, and is unlikely to change defense counsel’s strategy at trial, says Walter Gonçalves at the Arizona Federal Public Defender's Office.
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4 Steps To Repair Defense Credibility In Opening Statements
Given the continued rise of record-breaking verdicts, defense counsel need to consider fresh approaches to counteract the factors coloring juror attitudes — starting with a formula for rebuilding credibility at the very beginning of opening statements, says Ken Broda-Bahm at Persuasion Strategies.