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Trials
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July 12, 2024
American Airlines Pilot Pushes For $16M Win After ERISA Trial
An American Airlines pilot urged a Texas federal court to make the airline cough up nearly $16 million following a June bench trial in a retirement savings class action, arguing the company breached its fiduciary duties to its retirement plan by focusing too heavily on environmental and social factors in investments.
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July 12, 2024
Saul Ewing Adds Entertainment, Real Estate Litigator In LA
Saul Ewing LLP has added as a partner in its Los Angeles office a trial attorney with a nearly 30-year track record of representing public and private companies, along with executives and investors in entertainment and real estate disputes.
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July 12, 2024
Biggest Washington Decisions Of 2024: A Midyear Report
The first half of 2024 in Washington courts was punctuated by a fizzled startup's $72 million trial win against The Boeing Co., and Monsanto Co.'s appellate reversal of a $185 million verdict in one of a series of high-profile PCB poisoning cases. Here is a closer look at some of the biggest decisions in Washington state and federal courts in the first half of 2024.
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July 12, 2024
Feds Seek 2 Years For Mass. Atty In Campaign Finance Scam
Boston federal prosecutors want a former BigLaw attorney to serve two years in prison for his conviction for a raft of campaign finance violations tied to his 2018 run for an open congressional seat in Massachusetts.
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July 12, 2024
'Willful Withholding' Of Evidence Dooms Baldwin 'Rust' Case
Alec Baldwin wept and hugged his attorneys Friday after a New Mexico state judge threw out involuntary manslaughter charges against the actor in the "Rust" shooting case, finding that prosecutors willfully withheld key ammunition evidence from the defense.
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July 11, 2024
Trump Says Immunity Ruling Means Conviction Must Be Axed
Donald Trump has officially lodged his request for his conviction to be vacated in light of the U.S. Supreme Court's presidential immunity decision, arguing that prosecutors' evidence in the hush money case rests on official acts he took as president, according to a redacted motion made public Thursday.
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July 11, 2024
Whispers, Curses As Menendez Trial Inches Toward Jury
Federal corruption prosecutors wound down their bribery case against Sen. Robert Menendez Thursday with a mixture of dramatic into-the-mic whispering and reliance on the adjective "damn" as they argued that nothing in the tale would make sense without the alchemizing element of crime.
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July 11, 2024
8th Circ. OKs Toxic Gas Injury Win, But Cuts Award By $30M
The Eighth Circuit on Thursday affirmed a jury's finding that Dyno Nobel Inc.'s negligence in handling toxic gas emissions caused serious injuries to a man's larynx but slashed his $43.75 million award down to $13.75 million, saying the explosives company lacked the culpable mental state required for punitive damages.
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July 11, 2024
Ozy Media CEO Urges Jury To Reject 'Shady' Fraud Case
Counsel for Carlos Watson on Thursday told a Brooklyn federal jury not to trust prosecutors' "shady" claims that the Ozy Media founder and CEO defrauded lenders and investors by falsely inflating the news and entertainment startup's bottom line.
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July 11, 2024
IP Forecast: Napa Winery's Ex-Atty Wants Another Trial
A Texas lawyer plans to tell an appeals court why he should receive another trial in a trademark case from a Napa Valley winery, a former client that he claims sold off a "wildly successful California cult wine" out from under him.
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July 11, 2024
Va. Jury Invalidates Elevated Stairs Patent Claims
A federal jury in Virginia has found that claims in an inventor's patent on elevated stairs are invalid, in a win for Mission Integrated Technologies.
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July 11, 2024
Baldwin Wasn't Only 'Rust' Actor With Live Rounds, Jury Told
Alec Baldwin's counsel established Thursday during a contentious second day of testimony in the "Rust" trial in New Mexico that he wasn't the only actor unknowingly carrying live ammunition on the film's set before the 2021 fatal shooting of a cinematographer.
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July 11, 2024
Atty's Missteps Conflicted Her At Trial, Mass. Justices Say
Massachusetts' highest court on Thursday ruled that a man convicted of murder should get a new trial because his lawyer would have had to deride her own performance during her client's police interview in order to provide the best possible defense.
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July 11, 2024
YSL Prosecutors Oppose Judge's Recusal Amid Mistrial Bid
Prosecutors on Wednesday argued there is no reason Fulton County Superior Court Judge Ural Glanville should stop overseeing the ongoing racketeering trial against Atlanta rapper Young Thug and his associates, approximately an hour after the rapper moved for a mistrial.
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July 11, 2024
Atty's Trial Antics Don't Doom $3.4M Bias Verdict, Judge Says
A trucking company won't get a chance to retry a race discrimination lawsuit that ended in a $3.4 million verdict against it last year after a Georgia federal judge found Wednesday that the plaintiff's counsel's improper conduct at trial didn't prejudice the jury.
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July 11, 2024
Ex-Union Leader Gets 6 Years For Bribery, Embezzlement
John "Johnny Doc" Dougherty, the former business manager of the International Brotherhood of Electrical Workers Local 98 in Philadelphia, was sentenced Thursday to six years in prison after being convicted of bribing a city councilman and stealing over $500,000 from the union.
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July 11, 2024
Patent Cases To Watch In The Second Half Of 2024
A U.S. Supreme Court case over the reach of the judicially created double patenting doctrine and a dispute over which patents branded drugmakers can list in a federal database are among the cases attorneys will have their eyes on for the rest of the year.
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July 10, 2024
Roundup Cancer Case Revived By Oregon Appellate Panel
An Oregon appellate panel on Wednesday revived a lawsuit claiming Bayer AG subsidiary Monsanto's weedkiller Roundup caused an Oregon man's cancer, saying the judge who oversaw the trial that cleared the company wrongly excluded testimony from an expert for the plaintiff.
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July 10, 2024
Magnets Co. Must Face Export Control Violation Claims
A magnetics manufacturer couldn't ditch criminal charges that it shipped sensitive defense-related schematics to Chinese companies without a federal license, after a Kentucky judge ruled that it bears the burden of showing the data qualified for exceptions under export regulations.
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July 10, 2024
Acquitted Fla. Atty's Bankruptcy Case Converted To Ch. 7
A Florida federal bankruptcy judge denied a request Wednesday by an attorney who was acquitted last year in a billion-dollar medical fraud scheme to dismiss his Chapter 11 case and instead converted it to Chapter 7 proceedings, saying the debtor has no job and no way to pay creditors.
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July 10, 2024
Proof Of Ozy Media CEO's Fraud Is Overwhelming, Jury Told
A New York federal prosecutor on Wednesday told the jury weighing the fate of Carlos Watson that the evidence presented at trial clearly shows that the former Ozy Media CEO was at the helm of a scheme to deceive investors into backing the struggling news and entertainment startup, by falsely inflating its financials and lying about the company's prospects in order to keep it afloat.
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July 10, 2024
Feds Say Guo Ran 'Fraud Empire' As Racketeering Trial Wraps
Manhattan federal prosecutors urged a jury on Wednesday to convict Chinese dissident Miles Guo for operating his political movement as a vast racketeering conspiracy that "brainwashed" supporters into spending more than $1 billion on scam investments.
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July 10, 2024
NFL Asks Court Not To Act On Sunday Ticket Judgment
The NFL urged a California federal judge Tuesday to hold off on any entry of judgment enshrining a jury's blockbuster $4.7 billion antitrust verdict against the league over the DirecTV Sunday Ticket package, arguing there are outstanding issues to be decided that make partial judgment now impractical.
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July 10, 2024
Atty Says Alaska Judge Reprimand Bolsters 4th Circ. Bias Suit
A former public defender awaiting a bench ruling on her sexual harassment claims against the federal judiciary said Wednesday that the judge deciding her case should note a recent ruling reprimanding an Alaska federal judge for his "sexualized relationship" with a clerk in which the Ninth Circuit Judicial Council determined that intent was irrelevant.
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July 10, 2024
Key Menendez Witness Faces Scrutiny As Closings Drag On
Closing arguments in U.S. Sen. Robert Menendez's bribery trial are set to go into a fourth calendar day after jurors watched multiple sets of defense counsel Wednesday tear apart the testimony of a key cooperating witness.
Expert Analysis
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Googling Prospective Jurors Is Usually A Fool's Errand
Though a Massachusetts federal court recently barred Google from Googling potential jurors in a patent infringement case, the company need not worry about missing evidence of bias, because internet research of jury pools usually doesn’t yield the most valuable information — voir dire and questionnaires do, says Sarah Murray at Trialcraft.
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A Look Into How Jurors Reach High Damages Awards
In the wake of several large jury awards, Richard Gabriel and Emily Shaw at Decision Analysis shed light on challenges that jurors have in deciding them, the nonevidentiary and extra-legal methods they use to do so, and new research about the themes and jury characteristics of high-damages jurors.
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What To Know About WDTX Standing Order For Patent Cases
Patent litigators should review and ensure compliance with the standing order recently issued by U.S. District Judge Alan Albright of the Western District of Texas — a popular patent litigation venue — which encompasses new deadlines, seeks to streamline discovery disputes, and further reflects the court's existing practices, says Archibald Cruz at Patterson + Sheridan.
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10 Lessons From A Deep Dive Into IP Damages
Decisions on challenging an intellectual property expert's opinion can benefit from the in-depth study of court rulings on admissibility grounds, where the findings include the fact that patent cases see the most challenges of any IP area, say Deepa Sundararaman and Cleve Tyler at Berkeley Research.
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Managing Competing Priorities In Witness Preparation
There’s often a divide between what attorneys and witnesses want out of the deposition process, but litigation teams can use several strategies to resolve this tension and help witnesses be more comfortable with the difficult conditions of testifying, say Ava Hernández and Steve Wood at Courtroom Sciences.
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Reimagining Law Firm Culture To Break The Cycle Of Burnout
While attorney burnout remains a perennial issue in the legal profession, shifting post-pandemic expectations mean that law firms must adapt their office cultures to retain talent, say Kevin Henderson and Eric Pacifici at SMB Law Group.
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Understanding And Working With The Millennials On Your Jury
Every trial attorney will be facing a greater proportion of millennials on their jury, as they now comprise the largest generation in the U.S., and winning them over requires an understanding of their views on politics, corporations and damages, says Clint Townson at Townson Litigation Consulting.
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Series
Competing In Dressage Makes Me A Better Lawyer
My lifelong participation in the sport of dressage — often called ballet on horses — has proven that several skills developed through training and competition are transferable to legal work, especially the ability to harness focus, persistence and versatility when negotiating a deal, says Stephanie Coco at V&E.
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3 Strategies For Aggressive Judgment Enforcement
As illustrated by the many creditors of Citgo Petroleum Corp. who may walk away empty-handed — despite the company's court-ordered sale — it is important to start investigating counterparty assets and planning for enforcement even before obtaining a judgment, says Brian Asher at Asher Research.
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Opinion
High Court's Gifts Problem Taints Public Corruption Cases
A history of U.S. Supreme Court justices failing to disclose luxurious gifts from wealthy donors coincides with a troubling line of court precedent overturning jury convictions in public corruption cases, indicating that perhaps justices aren't presently fit to be making these decisions, says Sen. Sheldon Whitehouse, D-R.I.
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The Legal Industry Needs A Cybersecurity Paradigm Shift
As law firms face ever-increasing risks of cyberattacks and ransomware incidents, the legal industry must implement robust cybersecurity measures and privacy-centric practices to preserve attorney-client privilege, safeguard client trust and uphold the profession’s integrity, says Ryan Paterson at Unplugged.
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As Promised, IRS Is Coming For Crypto Tax Evaders
The IRS is fulfilling its promise to crack down on those who have neglected to pay taxes on cryptocurrency earnings, as demonstrated by recently imposed prison sentences, enforcement initiatives and meetings with international counterparts — suggesting a few key takeaways for taxpayer compliance, say attorneys at BakerHostetler.
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5 Reasons Associates Shouldn't Take A Job Just For Money
As a number of BigLaw firms increase salary scales for early-career attorneys, law students and lateral associates considering new job offers should weigh several key factors that may matter more than financial compensation, say Albert Tawil at Lateral Hub and Ruvin Levavi at Power Forward.
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1869 Case May Pave Off-Ramp For Justices In Trump DQ Fight
In deciding whether former President Donald Trump is disqualified from Colorado's Republican primary ballots, the U.S. Supreme Court could rely on due process principles articulated in a Reconstruction-era case to avert a chaotic or undemocratic outcome, says Gordon Renneisen at Cornerstone Law Group.
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Series
Playing Competitive Tennis Makes Me A Better Lawyer
My experience playing competitive tennis has highlighted why prioritizing exercise and stress relief, maintaining perspective under pressure, and supporting colleagues in pursuit of a common goal are all key aspects of championing a successful legal career, says Madhumita Datta at Lowenstein Sandler.