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Trials
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January 27, 2025
Feds' Madigan Informant Is A 'Malignant Tumor,' Jury Told
An attorney for ex-Illinois House Speaker Michael Madigan took aim Monday at the former Chicago alderman called as the government's star witness in Madigan's criminal racketeering trial, calling him "a malignant tumor at the heart of this case" and urging jurors not to trust his testimony as they prepare to deliberate on his client's fate.
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January 27, 2025
Archegos CFO Gets 8 Years For $100M Stock Fraud Ploy
The former chief financial officer of defunct hedge fund Archegos on Monday was sentenced in New York federal court to eight years in prison for his role in a $100 billion scheme to manipulate the market and defraud banks.
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January 27, 2025
4 Things The Menendez Trial Judge Will Weigh At Sentencing
When he sentences former U.S. Sen. Robert Menendez on federal bribery and corruption charges Wednesday in New York federal court, U.S. District Judge Sidney Stein will weigh the politician's lifetime of public service against the stark evidence of his crimes.
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January 27, 2025
Tesla Too Late To DQ Judge In Crash Suit, Court Told
A woman suing Tesla Inc. over a crash that resulted in the amputation of her legs is urging a California federal court not to disqualify the judge assigned to her product liability case, saying the automaker has no excuse for waiting nearly a year and a half, until just before trial, to call for his disqualification.
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January 27, 2025
Zurich Owes Solar Co. $12.2M For Rain Damage, Judge Says
Zurich American Insurance Co. owes over $12.2 million to a solar energy company for damages from heavy rainstorms at a 2,000-acre solar farm, a Georgia federal court ruled after a jury found the insurer liable for additional costs related to the rain events.
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January 27, 2025
Biz Adviser, Relative Beat SEC's Investment Fraud Claims
A Boston federal judge rejected the U.S. Securities and Exchange Commission's claims that a business adviser and his brother-in-law traded penny stocks to further a $2.3 million fraud scheme.
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January 27, 2025
Pool Co. To Face Rival's Contempt Bid Over $16M Judgment
A Chinese pool parts supplier will have to appear for a show cause hearing to address whether it should be held in contempt for allegedly funneling money out of the country to avoid paying a $16 million judgment, a North Carolina federal judge said Monday.
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January 27, 2025
Baker Botts Partners Join Boutique Litigation Firm In DC
A pair of powerhouse litigators from Baker Botts LLP who scored a nearly billion-dollar verdict in a complex securities fraud case have stepped away from BigLaw to join Washington, D.C.-based boutique litigation firm Bourelly George & Brodey PLLC, launched less than a year ago.
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January 27, 2025
High Court Passes On Solar Project Fine Levied Without Jury
The U.S. Supreme Court on Monday declined to review the Vermont Supreme Court's ruling that the state Public Utility Commission has the authority to bypass a jury trial and unilaterally impose civil penalties on solar energy project backers that allegedly cleared land without a permit.
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January 24, 2025
Intuitive Doesn't Owe 'Free-Riding' Firm $140M, Expert Says
Robotic surgery pioneer Intuitive Surgical isn't a monopolist since it competes with other surgery options and a "free-riding" surgical repair company isn't due up to $140 million in profits allegedly lost due to Intuitive blocking its unauthorized part-refurbishment service, an economist testified Friday in a California antitrust trial.
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January 24, 2025
Fed. Circ. Partly Revives Steuben's Win In $38M IP Trial
The Federal Circuit largely revived Steuben Foods' infringement victory from a jury trial on Friday, in an opinion that also delved into the status of the rarely used reverse doctrine of equivalents.
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January 24, 2025
BCBS Has 'High Hurdle' For New $13M Trial, Mich. Judge Says
A Michigan federal judge on Friday told Blue Cross Blue Shield of Michigan it had a "high hurdle" to meet for him to say a new trial is warranted, after a jury awarded almost $13 million to a worker who was fired after being denied religious accommodation from the company's COVID-19 mandatory vaccine policy.
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January 24, 2025
Syngenta, Chevron Headed For October Paraquat Bellwether
An Illinois federal judge has set an October date for Syngenta and Chevron's first trial in a multidistrict litigation alleging that the pesticide paraquat causes Parkinson's disease, after the previous dismissal of trial-selected plaintiffs and the disqualification of an expert.
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January 24, 2025
Shyamalan, Apple Cleared Of Copyright Infringement By Jury
A California federal jury on Friday delivered M. Night Shyamalan from a real-life Hollywood nightmare when it cleared the director and others of stealing an independent filmmaker's work for his Apple TV+ show "Servant."
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January 24, 2025
Anschutz Gets Trade Secrets Trial Delayed Amid Sale Dispute
A Colorado state judge on Friday delayed an upcoming trial in a trade secrets suit brought by Anschutz Exploration Corp., giving the parties more time to deal with a discovery fight over a recent sale that left the jurist "totally dumbfounded" and "furious" at a Denver oil prospector earlier this week.
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January 24, 2025
Deere Loses Fed. Circ. Bid To Revive Seeding Patent Fight
The Federal Circuit on Friday shot down John Deere's appeal of its loss at the lower court in a case where a jury found that a rival's SpeedTube products didn't infringe a pair of patents, affirming a lower court's denial of the farming equipment giant's bid for a new trial.
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January 24, 2025
Ford Fails To Block Evidence Of Other Crashes In Death Trial
A Georgia federal judge refused to block evidence of similar crashes from being presented at a trial over the deaths of a couple in a rollover wreck of their Ford Motor Co. vehicle, but he limited the number of incidents that the plaintiffs can present from the 110 that the plaintiffs proposed to 50.
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January 24, 2025
EEOC Disability Bias Suit Tossed Following Nixed Evidence
A mortgage and financial services company on Friday defeated a U.S. Equal Employment Opportunity Commission lawsuit alleging it unlawfully refused to hire a woman because she took pain medication, after a Washington federal judge ruled midtrial that a key piece of evidence shouldn't have been shown to jurors.
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January 24, 2025
Feds' Madigan Theory 'Doesn't Line Up,' His Atty Tells Jury
Counsel for former Illinois House Speaker Michael Madigan told an Illinois federal jury Friday that prosecutors attempting to convict him of racketeering have painted an "incomplete and misleading" picture of a crooked politician at trial, but have failed to meet their burden to prove he ever acted with corrupt intent or engaged in a "this for that" exchange for his official action.
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January 24, 2025
Trial Delayed For Ailing Wife Of Former Sen. Menendez
The bribery and corruption trial of Nadine Menendez, the wife of former U.S. Sen. Robert Menendez, was delayed from Feb. 5 to March 18 by a Manhattan federal judge Friday due to health issues following a cancer diagnosis.
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January 24, 2025
Blank Rome Attys Fight Lawyer's Bid For New Trial
A team of Blank Rome LLP attorneys accused another attorney in Pennsylvania federal court of "seeking another bite at the apple" by moving for a new trial after a jury rejected her malicious litigation claims against the team and an aviation company.
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January 24, 2025
Conn. Oil Trader Says Timing Of Money Moves Sinks Verdict
A onetime Connecticut oil trader has asked a federal judge to erase a September 2024 conviction on charges he used a go-between to bribe an official at Brazilian oil giant Petroleo Brasileiro SA, arguing the jury verdict hinged on third-party wire transfers that occurred beyond the statute of limitations.
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January 24, 2025
Philip Morris Settles Tobacco Liability Trial After Openings
Philip Morris and a supermarket chain have reached a settlement with the family of a Massachusetts woman who died of lung cancer in 2022 after decades of smoking the company's Marlboro cigarettes, ending the case a day after trial began.
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January 24, 2025
Calif. Panel Remands Ex-DA Worker's Bias Suit Over Slur
A California appeals panel reopened a discrimination lawsuit against the San Francisco District Attorney's Office by a Black ex-employee, saying a trial court should evaluate the city's response to a co-worker's racial slur given a state Supreme Court ruling that a single epithet can create a hostile work environment.
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January 23, 2025
Think, McFly! 'Back To The Future' Writer Says No Apple Theft
The co-writer of "Back to the Future" suggested to a California federal jury Thursday that an independent filmmaker suing Apple and acclaimed director M. Night Shyamalan for copyright infringement should make like a tree and get out of the courtroom because her film bears no resemblance to the Apple TV+ show, "Servant."
Expert Analysis
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Series
Glassblowing Makes Me A Better Lawyer
I never expected that glassblowing would strongly influence my work as an attorney, but it has taught me the importance of building a solid foundation for your work, learning from others and committing to a lifetime of practice, says Margaret House at Kalijarvi Chuzi.
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3 Surprising Deposition Dangers Attorneys Must Heed
Attorneys often do not think of discovery as a particularly risky phase of litigation, but counsel must closely heed some surprisingly strict and frequently overlooked requirements before, during and after depositions that can lead to draconian consequences, says Nate Sabri at Perkins Coie.
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Money, Money, Money: Limiting White Collar Wealth Evidence
As courts increasingly recognize that allowing unfettered evidence of wealth could prejudice a jury against a defendant, white collar defense counsel should consider several avenues for excluding visual evidence of a lavish lifestyle at trial, says Jonathan Porter at Husch Blackwell.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Updated Federal Rules Can Improve Product Liability MDLs
The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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9th Circ. Ruling Shows Lies Must Go To Nature Of Bargain
The Ninth Circuit’s recent U.S. v. Milheiser decision, vacating six mail fraud convictions, clarifies that the key question in federal fraud cases is not whether lies were told, but what they were told about — thus requiring defense counsel to rethink their strategies, say Charles Kreindler and Krista Landis at Sheppard Mullin.
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Opinion
New Guidance On Guilty Plea Withdrawals Is Long Past Due
In light of the Sentencing Reform Act's 40th anniversary, adding a new section to the accompanying guidelines on the withdrawal of guilty pleas could remedy the lack of direction in this area and improve the regulation's effectiveness in promoting sentencing uniformity, say Mark H. Allenbaugh at SentencingStats.com and Alan Ellis at the Law Offices of Alan Ellis.
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Why Jurors Balk At 'I Don't Recall' — And How To Respond
Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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10 Tips To Build Trust With Your Witness During Trial Prep
Preparing a witness for deposition or trial requires more than just legal skills — lawyers must also work to cultivate trust with the witness, using strategies ranging from wearing a hat when conducting mock cross-examination to offering them a ride to court before they testify, say Faye Paul Teller and Sara McDermott at Munger Tolles.