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Trials
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August 12, 2024
New Trial Ordered, $13M Award Nixed In Miami Assault Suit
A Florida state judge has vacated a $13 million verdict against a Miami security company and one of its employees and ordered a new trial in the suit over an altercation between the employee and a nightclub patron, finding the defendants were wrongly barred from presenting certain defenses and evidence.
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August 12, 2024
Girardi Wasn't Confused But Tried 'To Confuse Me,' Atty Says
An attorney who sued Tom Girardi on behalf of a woman seeking withheld settlement funds testified Monday in the disbarred lawyer's criminal fraud trial, telling a Los Angeles jury he didn't think Girardi was in cognitive decline but rather was deliberately trying to confuse him with strange excuses.
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August 12, 2024
Accused Accounting Prof Is No Tax Expert, NJ Jury Told
New Jersey federal jurors were urged Monday to keep one word at the front of their minds as they listen to the government present its case against an accounting professor accused of failing to report $3.3 million in income from a pharmacy he co-owned with his wife: willful.
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August 12, 2024
'All Hell Broke Loose,' Wood's Ex-Partner Says Of Social Posts
A former law partner of controversial ex-attorney L. Lin Wood on Monday told a Georgia federal jury that social media posts Wood made accusing her and two other former partners of defamation led to widespread online harassment, damage to her professional reputation and threats.
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August 12, 2024
Young Thug Jury Returns, Told Not To Fret About New Judge
After weeks away from court, jurors weighing racketeering charges against Atlanta rapper Young Thug and his alleged Young Slime Life gang were instructed Monday "not to concern yourselves" with the switch to a new judge and to "disregard" any "disparaging" comments made by the jurist who previously presided over the marathon trial.
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August 12, 2024
Fla. Jury Awards Driver $4.3M For Injuries In Traffic Light Crash
A Florida state court jury has awarded a driver more than $4.3 million following a Miami-Dade County trial in a lawsuit the driver brought over injuries he sustained in 2019 when another driver ran a red light and smashed into his vehicle.
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August 12, 2024
2nd Circ. Nixes 'Excessive' $5M Award For Housing Nonprofit
The Second Circuit on Monday overturned a $5 million award to a nonprofit that faced pushback from a Connecticut town while trying to open a group home for individuals with disabilities, finding that it was unconstitutionally excessive, but at the same time castigated the municipality's officials for "highly reprehensible" conduct.
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August 12, 2024
Roberta Kaplan Keeps Trump Case, But Ex-Firm Wants A Cut
Trailblazing litigator Roberta Kaplan will keep E. Jean Carroll as a client after leaving Hecker Fink LLP amid claims she fostered a hostile work environment at the firm she co-founded, but her former colleagues still want a cut of the $83 million verdict Kaplan recently won for Carroll in a defamation lawsuit against former President Donald Trump.
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August 12, 2024
Barnes & Thornburg Dallas Head Rejoins Haynes Boone
Haynes and Boone LLP has hired the former Dallas office managing partner at Barnes & Thornburg LLP as global chair of the trials practice group, the firm said Monday.
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August 12, 2024
'Survivor' Winner Is True Owner In Property Dispute, US Says
The winner of the first "Survivor" television season is the true owner of disputed property that should be sold to pay down his $3.3 million in tax liabilities, the government told a Rhode Island federal court, rejecting claims that his sister is the owner.
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August 09, 2024
Delaware Jury Says Fecal Treatment Patents Are Worth $25M
A Delaware federal jury decided Friday that a Swiss drugmaker owes a smaller drug rival at least $25 million in a patent case involving an experimental enema used to treat a particularly deadly form of diarrhea.
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August 09, 2024
Judge Won't DQ Prosecutors In Young Thug Trial
In a pair of orders on Thursday, the new judge overseeing Atlanta rapper Young Thug's racketeering and gang conspiracy trial denied motions for a mistrial and to disqualify two Fulton County prosecutors but ordered the "entire prosecution team" to watch a training video in response to alleged evidence violations.
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August 09, 2024
Trump Again Appeals Merchan's Gag Order To NY High Court
Former President Donald Trump is again seeking dismissal of a gag order in his criminal hush money case barring him from threatening court and district attorney staff, telling New York's highest court on Thursday that he disagreed with "each and every part" of a recent intermediate appellate court ruling that found threats remained imminent.
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August 09, 2024
Judge Slams Justices For 'Eschewing' History In Trump Case
The U.S. Supreme Court spurned historical analysis and "fundamentally" changed the presidency when it granted Donald Trump broad criminal immunity from federal charges that he interfered with the 2020 presidential election while in office, a Massachusetts federal judge wrote in a ruling Friday that ended an ex-public defender's sexual harassment lawsuit.
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August 09, 2024
Bond Denied For Ex-Ecuador Official Convicted In Bribery Plot
A Florida federal judge denied bond to Ecuador's ex-comptroller Friday after a jury convicted him earlier this year of laundering more than $12 million in bribes received in a construction scandal, saying the record would not support releasing him from custody before he is sentenced.
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August 09, 2024
Akoustis Blames Qorvo's Experts For $38M Trade Secrets Win
Akoustis Technologies Inc. has asked a Delaware federal court to overturn a May jury verdict against it for stealing trade secrets and the $38.3 million in damages awarded to wireless company Qorvo Inc., arguing that two Qorvo experts "eschewed the well-established and accepted methods" to measure unjust enrichment for misappropriation.
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August 09, 2024
Ex-Mozambique Finance Minister Convicted For $2B Scheme
Mozambique's former finance minister was convicted of wire fraud and money laundering conspiracy charges in connection with his role in the $2 billion "tuna bonds" scandal, prosecutors announced.
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August 09, 2024
Not Enough Data To Find Jury Racial Disparity, 2nd Circ. Says
The Second Circuit declined to find that the Southern District of New York's jury selection procedures cause underrepresentation of minorities, but welcomed "a future challenge with greater proof" against the district's voter registration-based system.
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August 09, 2024
Wood's Ex-Partner Says Social Posts Threatened His Family
One of three attorneys accusing their former law partner, controversial ex-attorney L. Lin Wood, of defamation took the stand Friday, telling a Georgia federal jury that a payment demand they sent Wood after his firm's dissolution wasn't extortion but was instead an attempt to protect themselves and their families.
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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.
Expert Analysis
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A Simple Proposal For Improving E-Discovery In MDLs
Given the importance of e-discovery in multidistrict litigation, courts, parties and counsel shouldn't have to reinvent the wheel in each newly consolidated case — and a simple process for sharing e-discovery lessons and knowledge across MDLs could benefit everyone involved, particularly clients, say Benjamin Barnett and Shauna Itri at Seeger Weiss.
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Opinion
Now More Than Ever, Lawyers Must Exhibit Professionalism
As society becomes increasingly fractured and workplace incivility is on the rise, attorneys must champion professionalism and lead by example, demonstrating how lawyers can respectfully disagree without being disagreeable, says Edward Casmere at Norton Rose.
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Series
Serving In The National Guard Makes Me A Better Lawyer
My ongoing military experience as a judge advocate general in the National Guard has shaped me as a person and a lawyer, teaching me the importance of embracing confidence, balance and teamwork in both my Army and civilian roles, says Danielle Aymond at Baker Donelson.
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Big Business May Come To Rue The Post-Administrative State
Many have framed the U.S. Supreme Court’s recent decisions overturning Chevron deference and extending the window to challenge regulations as big wins for big business, but sand in the gears of agency rulemaking may be a double-edged sword, creating prolonged uncertainty that impedes businesses’ ability to plan for the future, says Todd Baker at Columbia University.
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Opinion
Post-Chevron, Good Riddance To The Sentencing Guidelines
The U.S. Supreme Court’s overturning of the Chevron doctrine may signal the end of the U.S. sentencing guidelines, which is good news given that they have accomplished the opposite of Congress’ original intent to bring certainty, proportionality and uniformity to sentencing, say attorneys Mark Allenbaugh, Doug Passon and Alan Ellis.
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A Midyear Forecast: Tailwinds Expected For Atty Hourly Rates
Hourly rates for partners, associates and support staff continued to rise in the first half of this year, and this growth shows no signs of slowing for the rest of 2024 and into next year, driven in part by the return of mergers and acquisitions and the widespread adoption of artificial intelligence, says Chuck Chandler at Valeo Partners.
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Opinion
States Should Loosen Law Firm Ownership Restrictions
Despite growing buzz, normalized nonlawyer ownership of law firms is a distant prospect, so the legal community should focus first on liberalizing state restrictions on attorney and firm purchases of practices, which would bolster succession planning and improve access to justice, says Michael Di Gennaro at The Law Practice Exchange.
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How Attorneys Can Reduce Bad Behavior At Deposition
To minimize unprofessional behavior by opposing counsel and witnesses, and take charge of the room at deposition, attorneys should lay out some key ground rules at the outset — and be sure to model good behavior themselves, says John Farrell at Fish & Richardson.
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Best Text Practices In Light Of Terraform's $4.5B Fraud Deal
Text messages were extremely important in a recent civil trial against Terraform Labs, leading to a $4.5 billion settlement, so litigants in securities fraud cases need to have robust mobile data policies that address the content and retention of messages, and the obligations of employees to allow for collection, say Josh Sohn and Alicia Clausen at Crowell & Moring.
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Tricky Venue Issues Persist In Fortenberry Prosecution Redo
Former Rep. Jeff Fortenberry was recently indicted for a second time after the Ninth Circuit tossed his previous conviction for improper venue, but the case, now pending in the District of Columbia, continues to illustrate the complexities of proper venue in "false statement scheme" prosecutions, says Kevin Coleman at Covington.
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Series
Solving Puzzles Makes Me A Better Lawyer
Tackling daily puzzles — like Wordle, KenKen and Connections — has bolstered my intellectual property litigation practice by helping me to exercise different mental skills, acknowledge minor but important details, and build and reinforce good habits, says Roy Wepner at Kaplan Breyer.
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Texas Ethics Opinion Flags Hazards Of Unauthorized Practice
The Texas Professional Ethics Committee's recently issued proposed opinion finding that in-house counsel providing legal services to the company's clients constitutes the unauthorized practice of law is a valuable clarification given that a UPL violation — a misdemeanor in most states — carries high stakes, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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In Memoriam: The Modern Administrative State
On June 28, the modern administrative state, where courts deferred to agency interpretations of ambiguous statutes, died when the U.S. Supreme Court overruled its previous decision in Chevron v. Natural Resources Defense Council — but it is survived by many cases decided under the Chevron framework, say Joseph Schaeffer and Jessica Deyoe at Babst Calland.
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Opinion
Justices' Malicious-Prosecution Ruling Shows Rare Restraint
The U.S. Supreme Court’s recent decision in Chiaverini v. City of Napoleon, Ohio, declining to limit malicious-prosecution suits, is a model of judicial modesty and incrementalism, in sharp contrast to the court’s dramatic swings on other rights, says Steven Schwinn at the University of Illinois Chicago Law School.
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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.