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Trials
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March 11, 2025
Art Loft Building's Toxicity Was Disclosed, Expert Testifies
A defense toxicologist told a Los Angeles jury Tuesday that residents in a large live-work art building received warning of carcinogenic chemicals in the soil underneath, supporting a real estate company's argument that the statute of limitations blocks the claims.
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March 11, 2025
Medical Device Co. Seeks Fed. Circ. Redo Over Patent Trial
A medical device manufacturer is asking the full Federal Circuit to reconsider a panel decision reviving a patent infringement case against it, arguing a lower court judge was fine to allow tardy testimony from a witness who took its side.
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March 11, 2025
Ga. Appeals Court Backs Stroke Patient's $75M Med Mal Win
A Georgia appellate panel has affirmed a $75 million verdict won by a stroke patient who alleged that his doctors at an Atlanta-area emergency room failed to diagnose his condition in time to save him from developing complete bodily paralysis.
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March 11, 2025
NJ Justices Say NY Doc Can't Be On Med Mal Verdict Form
The New Jersey Supreme Court ruled Tuesday that an anesthesiologist accused of causing a patient's death during surgery can't have the verdict sheet at the upcoming trial apportion blame to a New York doctor who was never named as a party in the suit.
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March 11, 2025
SEC Disgorgement Snipped By $1M In Collectibles Fraud Case
A New York federal judge has trimmed over $1 million from a disgorgement award the U.S. Securities and Exchange Commission sought in a long-running suit against a sports memorabilia merchant found liable at trial for ripping off investors, after a recalculation revealed that the company had already repaid some of its victims.
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March 11, 2025
Ex-USPTO Head Can't Be Expert In Walmart IP Fight, Co. Says
A startup suing Walmart over trade secrets connected to shelf-freshness technology wants an Arkansas federal court to block the retailer from retaining former U.S. Patent and Trademark Office Director Kathi Vidal as an expert when the $115 million case moves forward to a retrial.
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March 11, 2025
GPB Capital Execs Denied New Trial In Fraud Case
Two GPB Capital executives were denied a new trial by a Brooklyn federal judge who said a jury was reasonable in finding them guilty of running their funds like a Ponzi scheme, using investor capital to make distribution payments to give the appearance of a healthy portfolio.
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March 11, 2025
ISP Asks Justices To Reverse Liability In Piracy Suit
It's time for the U.S. Supreme Court to step in and decide whether internet service providers can be liable for copyright infringement if they haven't done enough to stop their customers from pirating music, says an ISP that has been locked in one such legal battle for the better part of a decade.
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March 11, 2025
Alleged Fake Atty Meddled In Real Lawyer's Case, Jury Told
A Philadelphia trial lawyer told a Manhattan federal jury Tuesday that a convicted fraudster accused of posing as a lawyer asked that he file a motion for a client in a criminal case that was "vague," "frivolous" and "not good."
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March 11, 2025
Eric Adams Case Dying Slow Death In 'Sovereign' District
Experts say New York City Mayor Eric Adams' criminal corruption case appears on track to be tossed permanently — a looming development that could signal the end of the fierce independence of the U.S. Attorney's Office for the Southern District of New York.
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March 11, 2025
US Atty, Ex-Cognizant Execs Can Delay FCPA Trial For 30 Days
A federal judge granted an adjournment of up to 30 days in the Foreign Corrupt Practices Act trial of two former Cognizant Technology Solutions Corp. executives to allow the newly anointed U.S. attorney for New Jersey to review the case.
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March 11, 2025
Full Fed. Circ. Won't Rehear $95M Altria Patent Suit Win
The Federal Circuit won't hold an en banc review of a $95 million judgment against R.J. Reynolds Vapor Co. that ended a suit from Altria Client Services LLC alleging that R.J. Reynolds infringed three of its patents.
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March 10, 2025
Epic, Apple Duel Over App-Store Injunction Compliance
Epic Games urged a California federal judge to find that Apple violated her order blocking the tech giant from enacting App Store rules that prevent developers from steering users to alternative payment methods while Apple argued in its own filing that it complied as it "reasonably understood" the injunction.
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March 10, 2025
Menendez Brothers 'Shouldn't Get Out Of Jail,' LA DA Says
Erik and Lyle Menendez should remain imprisoned for the 1989 murder of their parents "in cold blood," since they haven't admitted their self-defense claims were "phony," and the only possible "pathway" to freedom is if they "completely" accept responsibility for their crimes, Los Angeles County's new district attorney said Monday.
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March 10, 2025
Fifth Third Borrowers Win $3.6M Atty Fee Despite Trial Finish
An Ohio federal judge awarded $3.6 million in attorney fees and costs to a class of Fifth Third Bank borrowers who convinced the court the bank violated the Truth in Lending Act with its Early Access loan program, but lost other claims at trial two years ago.
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March 10, 2025
Nike Receives $355K From Lululemon In Shoe Patent Trial
A New York federal jury has found that athletic apparel maker Lululemon infringed one Nike footwear manufacturing patent but did not infringe a second, and awarded Nike $355,450 in damages, well below the $2.8 million the shoe giant was seeking.
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March 10, 2025
Starbucks Owes Up To $125M For Hot Water Burns, Jury Told
Starbucks should pay as much as $125 million for permanent disfigurement to a takeout driver that "changed who he is as a person," a jury heard Monday, after finding last week that the coffee giant was to blame for the spill of scalding water.
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March 10, 2025
Mercedes Wins In Mich. Trial Over SUV Fire That Killed 2
A Michigan state jury has sided with automaker Mercedes-Benz in a lawsuit over its GL450, one of which caught fire following a head-on collision, killing a mother and her 9-year-old daughter and leaving a son and father, a former University of Wisconsin basketball coach, with lifelong injuries.
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March 10, 2025
Bad Police Work Led To 30-Year Sentence, Conn. Jury Told
A Connecticut man who served 30 years in prison for a murder he did not commit should be compensated because one local police officer failed to disclose key evidence and another sat by as the state police fed facts to an informant, his attorneys told a federal jury Monday afternoon.
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March 10, 2025
Monsanto Says EPA's Roundup Study Sinks $3.5M Verdict
Bayer AG unit Monsanto has told a Philadelphia appeals court to wipe out a $3.5 million verdict for a cancer patient who blamed Roundup weedkiller for her disease, saying that the U.S. Environmental Protection Agency has found that the product doesn't cause cancer.
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March 10, 2025
CVS PBM Caused Up To $330M In Part D Damages, Judge Told
A CVS-owned pharmacy benefits manager caused anywhere from $240 million to $330 million in damages by overbilling the government for Medicare Part D sponsored drugs, counsel for a whistleblower told a Pennsylvania federal judge at the beginning of a False Claims Act bench trial on Monday.
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March 10, 2025
Sig Sauer To Appeal $2.3M Accidental Fire Verdict
Sig Sauer said Monday that it plans to appeal a $2.35 million verdict it lost to a Georgia man who claimed that a defect in its popular P320 pistol caused him to accidentally shoot himself after a federal judge declined the company's bid for a new trial.
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March 10, 2025
Disney Unit Wins Copyright Trial Over 'Moana' Film
A Los Angeles federal jury handed a win Monday to a subsidiary of The Walt Disney Co. in a copyright infringement trial over the 2016 blockbuster "Moana," rejecting a claim that the movie ripped off another animation artist's Polynesian adventure epic.
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March 10, 2025
Accused Fraudster An Innocent 'Jailhouse Lawyer,' Jury Told
A Long Island man charged with posing as an attorney to defraud families of inmates is really an innocent "jailhouse lawyer" who continued to help people after serving his own fraud sentence, his counsel told a Manhattan federal jury Monday.
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March 10, 2025
Loeb & Loeb Adds 5-Atty Litigation Team From Kasowitz In NY
Loeb & Loeb LLP has expanded its litigation offerings in New York with the addition of five attorneys from Kasowitz Benson Torres LLP, including the leaders of the firm's software litigation and real estate litigation practices.
Expert Analysis
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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How SDNY US Atty Nom May Shape Enforcement Priorities
President Donald Trump’s nominee for U.S. attorney in the Southern District of New York, former U.S. Securities and Exchange Commission Chair Jay Clayton, will likely shift the office’s enforcement priorities, from refining whistleblower policies to deemphasizing novel prosecutorial theories, say attorneys at Cohen & Gresser.
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Improving Comms Between Trial Attys And Tech Witnesses
In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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Opinion
New DOJ Leaders Should Curb Ill-Conceived Prosecutions
First-of-their-kind cases have seemingly led to a string of overly aggressive prosecutions in recent years, so newly sworn-in leaders of the U.S. Department of Justice should consider creating reporting channels to stop unwise prosecutions before they snowball, says Jonathan Porter at Husch Blackwell.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Perspectives
DC Circ. Cellphone Ruling Upends Law Enforcement Protocol
The D.C. Circuit’s recent U.S. v. Brown decision, holding that forcibly requiring a defendant to unlock his cellphone with his fingerprint violated the Fifth Amendment, has significant implications for law enforcement, and may provide an opportunity for defense lawyers to suppress electronic evidence, says Sarah Sulkowski at Gelber & Santillo.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Engaging With Feds On Threats To Executives, Employees
In an increasingly polarized environment, where companies face serious concerns about how to protect executives and employees, counsel should consider working with federal law enforcement soon after the discovery of threats or harassment, says Jordan Estes at Gibson Dunn.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Opinion
Courts Should Nix Conferencing Rule In 1 Discovery Scenario
Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.