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Trials
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December 19, 2024
Judge Says Some Paraquat Plaintiffs Being Left In Dark
Amid a hearing targeting fall 2025 for a first bellwether trial over the alleged link between the pesticide paraquat and Parkinson's disease, an Illinois federal judge told plaintiffs' lawyers to keep in better touch with their clients after her chambers received calls from plaintiffs wondering what's happening with their cases.
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December 19, 2024
NY Court Affirms $3.1M Verdict Over ER Patient's Stroke
A New York appellate panel has upheld a jury's $3.16 million verdict in a suit accusing an emergency room doctor and a Long Island hospital of failing to prevent a man's debilitating stroke, saying the jury's verdict was not excessive and was supported by sufficient evidence.
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December 19, 2024
Judge Wrongly Axed $107M IP Verdict, Pfizer Tells Fed. Circ.
A Pfizer unit has told the Federal Circuit that a federal judge got it wrong when he overturned a Delaware jury verdict that AstraZeneca owes $107.5 million for infringing two cancer drug patents.
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December 19, 2024
Father-Son Duo Admit To $100M Fraud Targeting NJ Deli
A father and son pled guilty Thursday to their roles in a stock manipulation scheme that duped the trading public into thinking a small, unprofitable New Jersey deli was worth $100 million, New Jersey federal prosecutors said.
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December 19, 2024
Fed. Circ. OKs $95M Altria Vape Patent Win Against Reynolds
The Federal Circuit on Thursday upheld a $95.2 million jury verdict against R.J. Reynolds for infringing Altria vape patents, rejecting Reynolds' arguments that the finding was not supported by the evidence and was based on expert damages testimony that was unreliable.
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December 19, 2024
E.l.f. Mascara Doesn't Confuse Consumers, Judge Rules
A San Francisco federal judge has said showing that the e.l.f. cosmetics brand had an "intent to create a dupe" of a mascara tube made by its Louis Vuitton-owned rival is not enough to prove that it actually "dupes any consumers."
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December 19, 2024
Judge Says Investing Firm Owes Marketer $330K, Not $10M
Following a four-day bench trial, a Colorado federal judge has ruled a marketing company is entitled to $331,000 in damages from an investment advisory firm that shorted it on commission for consulting services, but rejected the $10 million liability the marketer asserted in the nearly decade-old litigation.
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December 19, 2024
The Spiciest Quotes Heard In Mass. Courts In 2024
Another year of hard-fought litigation was replete with quips, barbs, and both attorneys and defendants put on blast — plus one litigant who simply wished for the return of a nine-foot bedazzled grand piano.
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December 19, 2024
DOJ Wants Time In Fubo-ESPN Streaming JV Arguments
The U.S. Department of Justice has got something to say to the Second Circuit about an attempt from ESPN and Warner Bros. Discovery to overturn a preliminary injunction stopping them from going forward with a joint sports streaming venture that a rival says will run it out of business.
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December 19, 2024
Generic-Drug Cos. Get State AGs' Trial Order Flipped
A Connecticut federal court has sided with the generic-drug makers accused of price-fixing by state-level enforcers and will allow a narrower case involving 15 drugs to move ahead prior to a much broader case involving more than 100 medications.
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December 19, 2024
Ex-AT&T Exec Gets New Bribery Trial Date After Jury Deadlock
The former head of AT&T's Illinois division, who is accused of bribing ex-Illinois House Speaker Michael Madigan, will be tried again in June after his case resulted in a hung jury earlier this year, a federal court judge said Thursday.
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December 19, 2024
$1.2B Sought From Phillips 66 After $605M Trade Secrets Win
A retailer of low-carbon fuels has asked a California state court to add $1.2 billion to a $604.9 million trade secrets verdict against Phillips 66, arguing that the jury's conclusion that Phillips 66's misappropriation of confidential information was willful and malicious merits exemplary damages.
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December 19, 2024
Ex-Knick Oakley Denies Scrapping Evidence In MSG Feud
Former New York Knicks player Charles Oakley testified to a federal judge Thursday that he never intentionally deleted text messages about his 2017 altercation with Madison Square Garden security, as the damages litigation in its eighth year meandered toward trial.
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December 19, 2024
The Top Patent Damages Awards Of 2024
The largest patent damages verdicts of 2024 all amounted to nine figures, largely in line with recent years, with the largest award of $847 million being set aside by a judge weeks after the verdict, reflecting the scrutiny given to sizable damages, attorneys say.
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December 19, 2024
NYC Mayor Says Indictment Lacks Detail, Hampering Defense
New York City Mayor Eric Adams told a Manhattan federal judge that the bribery and corruption charges against him are vague as to what he allegedly agreed to do and who he agreed to do it with, hindering his ability to defend himself.
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December 18, 2024
Ex-US Rep. Urges 2nd Circ. To Nix Insider Trading Conviction
Former Indiana Rep. Stephen Buyer on Wednesday urged the Second Circuit to reverse his insider trading conviction or grant him a new trial, saying federal prosecutors violated his Sixth Amendment rights and failed to prove Manhattan was the right place to be tried, which led a pair of circuit judges to voice doubt about the court's standard for establishing venue.
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December 18, 2024
Split 9th Circ. Backs 46-Month Prison Term For Stock Pumper
A divided Ninth Circuit on Wednesday affirmed a 46-month sentence for a Canadian man convicted of securities fraud in a pump-and-dump scheme involving a cannabis and gaming company, rejecting his argument that the lower court erred by calculating "intended loss" to enhance his sentence, since circuit precedent recognizes both actual and intended losses.
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December 18, 2024
Girardi Gets Sentencing Delayed For Dementia Probe
A Los Angeles federal judge pushed back Tom Girardi's sentencing for his embezzlement conviction on Wednesday, ordering a psychiatric evaluation and special hearing to determine whether the 85-year-old disbarred attorney should be committed to a medical facility instead of prison due to his dementia diagnosis.
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December 18, 2024
Monsanto Protests DNA Damage Argument In PCB Closings
An attorney in a toxic tort against Monsanto drew a sustained objection from the company's defense during closings Wednesday as he attempted to argue that some of the young girls allegedly exposed to PCBs "will give birth to children with altered DNA," as counsel sparred over whether the plaintiffs suffered "generational harm."
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December 18, 2024
EDNY US Atty Peace To Resign Before Trump Inauguration
Brooklyn U.S. Attorney Breon Peace, who has headed the federal prosecution office in the Eastern District of New York since 2021, announced his resignation Wednesday ahead of the incoming Donald Trump administration.
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December 18, 2024
State AGs, Generic Cos. Fight Over Price-Fixing Trial Order
A contingent of state-level enforcers told a Connecticut federal court there is no need to reconsider prioritizing a sprawling generic drug price-fixing case that involves more than 100 medications over a narrower case the drugmakers are asking to have tried first.
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December 18, 2024
Fired Steel Co. Worker Wins $3 In Age Bias Suit
A Michigan federal jury on Wednesday sided with a human resources worker who said he was fired by a steel company after he complained that its restructuring plan targeted workers over 40 — but he was handed only $3 in damages.
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December 18, 2024
Patents, Juries, Baking: Catching Up With EDTX's Next Chief
U.S. District Judge Amos L. Mazzant spoke with Law360 in a wide-ranging conversation this week about what might be in store for the Eastern District of Texas when he takes over in March as the top jurist overseeing the nation's busiest patent docket.
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December 18, 2024
Destroyed Docs Merit Harsher Sanctions, Mich. Panel Says
A Michigan appellate panel on Tuesday said fees awarded to the estate of a man who died after choking in an adult foster care facility were likely too low, finding a lower court erred by limiting the scope of available sanctions over the destruction of "copious amounts" of digital evidence.
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December 18, 2024
Fed. Circ. Reverses $13M IP Verdict Over Point-Of-Sale System
The Federal Circuit on Wednesday tossed a $13 million jury verdict against NCR Corp. in a suit accusing it of infringing two payment processing patents, saying the company wasn't liable for its customers' use of the patented system under the appellate court's precedent.
Expert Analysis
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Consider The Impact Of Election Stress On Potential Jurors
For at least the next few months, potential jurors may be working through anger and distrust stemming from the presidential election, and trial attorneys will need to assess whether those jurors are able to leave their political concerns at the door, says Ken Broda-Bahm at Persuasion Strategies.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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Perspectives
Protecting Survivor Privacy In High-Profile Sex Assault Cases
Multiple civil lawsuits filed against Sean "Diddy" Combs, with claims ranging from sexual assault and trafficking to violent physical beatings, provide important lessons for attorneys to take proactive measures to protect the survivor's anonymity and privacy, says Andrea Lewis at Searcy Denney.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Ex-Chicago Politician's Case May Further Curb Fraud Theories
The U.S. Supreme Court recently agreed to hear Thompson v. U.S. to determine whether a statement that is misleading but not false still violates federal law, potentially heralding the court’s largest check yet on prosecutors’ expansive fraud theories, with significant implications for sentencing, say attorneys at the Law Offices of Alan Ellis.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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Fluoride Ruling Charts Path To Bypass EPA Risk Evaluations
A California federal court's recent ruling in Food and Water Watch v. U.S. Environmental Protection Agency, ordering the agency to address the public health risks of fluoridated drinking water, establishes a road map for other citizen petitioners to bypass the EPA's formal risk evaluation process, say attorneys at Wiley.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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7 Tips To Help Your Witness Be A Cross-Exam Heavyweight
Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Smith's New Trump Indictment Is Case Study In Superseding
Special counsel Jack Smith’s recently revised Jan. 6 charges against former President Donald Trump provide lessons for prosecutors on how to effectively draft superseding indictments in order to buttress or streamline their case, as necessary, says Jessica Roth at Cardozo Law School.