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Trials
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December 12, 2024
Energy Co. Gets Redo Of $150M Power Plant Explosion Trial
A California appeals court has ordered a new trial and vacated a $150 million verdict against Diamond Generating Corp. in a suit by the family of a worker killed in a power plant explosion, saying the jury should have been instructed to determine whether DGC retained enough control over the plant's operations to be held liable.
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December 12, 2024
Biden Commutes Nearly 1,500 Sentences In Clemency Record
President Joe Biden announced Thursday he was commuting the prison sentences of nearly 1,500 Americans he said had successfully rehabilitated themselves, the largest number ever in a single day, according to a statement by the White House.
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December 11, 2024
Calif. Judge Admonished After Throwing Papers At Atty
California's Commission on Judicial Performance publicly admonished a state judge Tuesday, saying he violated standards of conduct by throwing papers at an attorney in court and by misleading the commission last year about his planned retirement date, purportedly to influence the outcome of a misconduct investigation at that time.
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December 11, 2024
SEC Must Revisit $23M Demand In Collectibles Fraud Case
A New Jersey federal judge has ordered the U.S. Securities and Exchange Commission to recalculate its $23 million bid for disgorgement in a long-running suit against a sports memorabilia merchant found liable at trial last year for ripping off investors, in part by lying about the value of two contracts signed by baseball legend Jackie Robinson.
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December 11, 2024
NRA Ordered To Reform Policies After NY Misconduct Verdict
A New York judge ordered changes to the National Rifle Association's board structure and organizational policies Wednesday to "prevent future violations of law," following a jury verdict that found widespread financial misconduct and whistleblower retaliation within the gun group.
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December 11, 2024
Metals Co. Gets $1.1M Verdict In Fireproofing IP, Transfer Feud
A Washington federal jury has awarded a company with nearly $786,000 in damages after finding that an ex-employee and another business willfully induced customers to infringe its patents for fire-resistant construction assembly products, plus another $300,000 for a fraudulent transfer of assets.
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December 11, 2024
Ill. Atty Convicted Of Tax Fraud, Scripting Witness Testimony
An Illinois attorney has been convicted of tax fraud, witness tampering and contempt in a federal court retrial on charges that he filed false tax returns, alongside added charges that he tried to script an employee's testimony and violated court orders, prosecutors announced Wednesday.
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December 11, 2024
Cross-Border Criminal Antitrust Trial Will Stay In Houston
A case against a group of defendants accused of using violence to monopolize the cross-border sale of used cars from the U.S. into Central America must stay in Houston, a federal judge ruled this week.
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December 11, 2024
Ozy Media Ex-CEO's Atty Seeks More Time Or OK To Quit
An attorney for former Ozy Media Inc. CEO Carlos Watson asked a New York federal judge Wednesday for permission to withdraw from Watson's fraud and identity theft case unless he and other defense counsel can have more time to prepare for sentencing proceedings set to begin Friday.
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December 11, 2024
CORRECTED: Jury Finds Poultry Co. Owes $10.5M For Bony Chicken
Pilgrim's Pride owes Washington-based grocery vendor Innovative Solutions Inc. $10.5 million for consumer protection and negligence claims, a federal jury said Wednesday, capping off a weeklong trial in which Innovative accused the poultry producer of selling it bony chicken that ultimately ruined a chicken burger deal with Trader Joe's. Correction: An earlier version of the story misstated the verdict amount. The error has been corrected.
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December 11, 2024
Calif. Panel Reverses Cost Award After Auto Shop Wage Trial
A California appeals panel flipped a lower court's decision awarding about $54,000 in post-offer costs to an auto body shop after winning a former employee's wage and hour suit, saying that two sections of the California Labor Code preclude such awards.
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December 10, 2024
OneTaste Execs Want Sexually Explicit Evidence Out Of Trial
Former OneTaste executives on Tuesday asked a New York federal judge to block prosecutors from showing jurors sexually explicit evidence at their upcoming forced labor conspiracy trial, saying the government is trying to put the sexual wellness company and "orgasmic meditation" on trial.
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December 10, 2024
Trader Joe's Seller Fumbled Burger Deal, Poultry Co. Says
Pilgrim's Pride told a federal jury Tuesday it was not ultimately responsible when a grocery supplier used its bony chicken shipments to make burgers, arguing the vendor failed to inspect the meat for excessive bones, leading to eventual recalls and the end of its Trader Joe's deal.
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December 10, 2024
Abu Ghraib Torture Plaintiffs Say CACI Shoudn't Get New Trial
Former prisoners tortured at the Abu Ghraib military prison in Iraq, who were recently awarded $42 million in a case against defense contractor CACI, have pushed back at the company's request for a new trial, arguing it was rehashing arguments already rejected by the court.
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December 10, 2024
BNSF Railway On The Hook For $2.7M Spinal Injury Verdict
BNSF Railway Co. can not escape a $2.75 million jury verdict that found it had negligently caused a worker's permanent spinal injuries, a Missouri appeals court ruled Tuesday, saying the trial court made no mistake when telling jurors to consider both the safety conditions of the train and reflective vest.
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December 10, 2024
Google Takes Aim At Ad Tech Antitrust Claims In States' Suit
Google has blasted the lawsuit accusing it of illegally manipulating the advertising market, saying that Texas and the roughly dozen other states behind the litigation are "playing a shell game" in which they serially amend their complaints to "avoid the weaknesses of their antitrust claims."
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December 10, 2024
ESPN, Fox Blast DOJ 'Formalistic Distinction' In Fubo Case
ESPN, Fox and Warner Bros. Discovery pressed the Second Circuit to upend a lower court injunction against their sports-only streaming service, taking particular aim at U.S. Department of Justice arguments asserting the sports giants can't claim they have a right to refuse dealing with rivals after joining forces.
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December 10, 2024
Plumbing Co. Hit With $29M Verdict For Injured Cyclist
A Pennsylvania county jury has hit a plumbing company with a $29 million judgment in a lawsuit alleging one of its trucks slammed into a cyclist, seriously injuring the man and putting him in a coma for an extended period of time, his counsel said Tuesday.
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December 10, 2024
NY DA Says Trump's 'President-Elect Immunity Does Not Exist'
Prosecutors told the New York state judge presiding over Donald Trump's hush money case that "president-elect immunity does not exist" and that the court could delay sentencing — or even "terminate" the case without dismissing it.
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December 10, 2024
Ex-Judge Accused Of 'Abusive Relationship' With Prosecutor
A federal prosecutor in Alaska has accused former U.S. District Judge Joshua Kindred of coercing her into a sexually charged "abusive relationship" in the midst of a criminal trial that took place earlier this year, according to unsealed documents that shed new light on misconduct allegations against the jurist.
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December 10, 2024
BioNTech, Pfizer Rival Wants Party Flip In COVID Vax IP Fight
German biotech company CureVac asked a Virginia federal judge to flip the positions of the litigants in its COVID-19 vaccine patent fight with rivals Pfizer and BioNTech, saying the case had morphed into an infringement suit involving 10 CureVac patents.
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December 10, 2024
NY AG Refuses To Drop $489M Fraud Case Against Trump
The office of New York Attorney General Letitia James has announced it won't drop its civil financial fraud case against President-elect Donald Trump, two of his sons, his companies and their executives, saying his upcoming inauguration has no bearing on litigating his appeal of the $489 million judgment.
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December 10, 2024
Ohio Justices Reject Opioid Nuisance Claims In $650M Appeal
The majority of the Ohio Supreme Court on Tuesday held that the state's product liability law doesn't allow for public nuisance claims to be brought over the opioid crisis, in a challenge to a $650 million verdict won by two counties.
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December 09, 2024
Crowell Adds Longtime DOJ Litigator To DC Antitrust Group
Crowell & Moring LLP announced on Tuesday that it had added a former U.S. Department of Justice litigator with 33 years of government experience to its antitrust and competition, government contracts and litigation groups in its Washington office, furthering the firm's ongoing strategy to "double down" on its strongest practice areas, in the words of a top Crowell litigator.
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December 09, 2024
Pro Se Giuliani Says 4 Attys Turned Him Down, Blames Judge
Rudy Giuliani on Monday secured extra time to fight Georgia poll workers' request that he be held in civil contempt, time Giuliani argued he needed because he's struggling to find an attorney to represent him in the case thanks to a D.C. federal judge being "biased about Trump-related matters."
Expert Analysis
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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How White Collar Defense Attys Can Use Summary Witnesses
Few criminal defense attorneys have successfully utilized summary witnesses in the past, but several recent success stories show that it can be a worthwhile trial tactic to help juries understand the complex decision-making at issue, says Jonathan Porter at Husch Blackwell.
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7th Circ. Ruling Muddies Split On Trade Secret Damages
The Seventh Circuit's recent endorsement in Motorola v. Hytera of a Second Circuit limit on avoided-cost damages under the Defend Trade Secrets Act contradicts even its own precedents, and will further confuse the scope of a developing circuit conflict that the U.S. Supreme Court has already twice declined to resolve, says Jordan Rice at MoloLamken.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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How White Collar Attys Can Use Mythic Archetypes At Trial
A careful reading of a classic screenwriting guide shows that fairy tales and white collar trials actually have a lot in common, and defense attorneys would do well to tell a hero’s journey at trial, relying on universal character archetypes to connect with the jury, says Jack Sharman at Lightfoot Franklin.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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Teaching Your Witness To Beat The Freeze/Appease Response
In addition to fight-or-flight, witnesses may experience the freeze/appease response at trial or deposition — where they become a deer in headlights, agreeing with opposing counsel’s questions and damaging their credibility in the process — but certain strategies can help, says Bill Kanasky at Courtroom Sciences.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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FTX Exec's Sentencing Shows Pros And Cons Of Cooperation
The sentencing of former FTX tech deputy Gary Wang, whose cooperation netted him a rare outcome of no prison time, offers critical takeaways for attorneys and clients navigating the burgeoning world of crypto-related prosecutions, says Andrew Meck at Whiteford.
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Fed. Circ. Ruling Shows Importance Of Trial Expert Specificity
The Federal Circuit’s recent ruling in NexStep v. Comcast highlights how even a persuasive expert’s failure to fully explain the basis of their opinion at trial can turn a winning patent infringement argument into a losing one, say attorneys at Barnes & Thornburg.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Plugging Gov't Leaks Is Challenging, But Not A Pipe Dream
As shown by ongoing legal battles involving New York City Mayor Eric Adams and Sean “Diddy” Combs, it’s challenging for defendants to obtain relief when they believe the government leaked sensitive information to the media, but defense counsel can take certain steps to mitigate the harm, says Kenneth Notter at MoloLamken.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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IP Ruling Likely To Limit Arguments Against Qualified Experts
The Federal Circuit's recent decision in Osseo v. Planmeca, clarifying when experts may offer testimony from the perspective of a skilled artisan, provides helpful guidance on expert qualifications and could quash future timing arguments regarding declarants' expertise, says Whitney Jenkins at Marshall Gerstein.