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Trials
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July 24, 2024
ABC, Stephanopoulos Must Face Trump Defamation Suit
A Florida federal judge on Wednesday refused to dismiss Donald Trump's defamation suit against ABC News and George Stephanopoulos over the anchor's on-air description of rulings in favor of writer E. Jean Carroll in her sexual abuse and defamation suits against the former president.
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July 24, 2024
Watchdog Clears DOJ In 'Unusual' Roger Stone Sentencing
The Justice Department did not bow to political pressure to push for a more lenient sentence for former President Donald Trump's longtime adviser Roger Stone, but the way in which the department handled the sentencing was "highly unusual" and the result of a U.S. attorney's poor leadership, according to a watchdog report released Wednesday.
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July 24, 2024
Ex-Atlanta Official Asks 11th Circ. To Toss Bribery Conviction
A former Atlanta city commissioner sentenced to 4½ years in prison for taking bribes from a local contractor in exchange for steering millions of dollars to the contractor's company told the Eleventh Circuit Wednesday that her conviction must be reversed given the U.S. Supreme Court's recent holding in Snyder v. U.S.
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July 24, 2024
Home Depot Truck Rental Keeps Win In Ramp Injury Suit
A New Jersey appeals court won't upend a midtrial win for Tool & Truck Rental at the Home Depot in a suit from a man who alleges he was injured because of a faulty ramp.
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July 24, 2024
Digital Info Not Covered By Smuggling Law, Ky. Court Holds
A Kentucky federal judge has ruled that digital information isn't covered by the federal smuggling statute and dismissed a charge against a magnetics manufacturer and two executives accused of emailing magnet schematics to Chinese companies.
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July 24, 2024
Last Holdouts Avoid Trial With Deal Over Chicken Price-Fixing
Chicken buyer plaintiffs say they've reached a settlement with Mountaire Farms and Koch Foods in their suit against the country's biggest broiler chicken producers for allegedly conspiring to raise prices, telling an Illinois federal judge to call off the trial that had been scheduled for September.
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July 24, 2024
5th Circ. Says Doctor's Corrective Plan Not A Valid Contract
The Fifth Circuit refused to reinstate a $6.6 million jury verdict in a former medical resident's suit alleging he was fired despite assurances he would have 60 days to rectify professional and interpersonal issues, ruling the residency program's director didn't have the power to offer a binding agreement.
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July 24, 2024
Ozy Media Ends Trade Secrets Suit After Ex-CEO's Conviction
News startup Ozy Media has dropped its trade secrets theft suit against Buzzfeed, its former editor-in-chief Ben Smith and the media company he co-founded, Semafor Inc., about a week after Ozy and its former CEO were convicted of lying to banks and investors to secure tens of millions of dollars to fund the multimedia business.
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July 24, 2024
Priest Loses Fee Bid After 'Split Baby' SEC Verdict
A Greek Orthodox priest and hedge fund founder who largely beat a U.S. Securities and Exchange Commission suit is not entitled to recoup $1.7 million in legal fees because the commission was justified in bringing the case, a Boston federal judge ruled Tuesday.
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July 24, 2024
Ex-Ohio Zoo CEO Pleads Guilty Just Before $2.3M Theft Trial
The former chief executive officer of the Columbus Zoo and Aquarium pled guilty to 15 felonies just two weeks before he was to face an Ohio jury on charges he participated in a scheme to take $2.3 million in public funds from the organization, state Attorney General Dave Yost announced.
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July 23, 2024
Cooperator In Cannabis Bank Fraud Case Dodges Prison
A U.K. national who testified against two businessmen accused of fooling banks into processing federally illicit transactions worth $150 million for California cannabis delivery company Eaze Technologies Inc. on Tuesday was spared from serving any time in prison.
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July 23, 2024
Nettled Exec Tells Jury Wells Fargo Doesn't Get His Disability
A former Wells Fargo managing director who claims he was terminated because of his disability wavered between being tearful and exasperated during four hours on the stand Tuesday as he tried to explain to a jury in Charlotte what workplace accommodations he was seeking and why.
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July 23, 2024
FTC Won't Delay Challenge To Handbag Merger Either
The Federal Trade Commission has declined to pause its administrative challenge to the $8.5 billion handbag merger between the owners of Coach and Michael Koors, saying that even a district court refusal to temporarily enjoin the merger might not end the FTC's in-house case.
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July 23, 2024
Samsung Loses Bid To Throw Out $303M Patent Verdict
A Texas federal judge shot down Samsung's attempt to throw out a $303 million verdict over infringement of server memory patents, saying the South Korean electronics giant's arguments that Netlist's comments prejudiced it during trial fell short in a July 12 opinion that was unsealed Tuesday.
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July 23, 2024
NC's $500K Med Mal Damages Cap Faces Fight
A patient who obtained a $7.5 million jury verdict in her case against a North Carolina doctor over the loss of her unborn baby is challenging the constitutionality of the Tar Heel State's cap on compensatory damages in medical negligence suits.
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July 23, 2024
Prosecutor Turned Witness: 'Rust' Case Shows Rare Dilemma
The botched "Rust" trial of Alec Baldwin and Donald Trump's election interference case in Georgia have offered scarce examples of prosecutors taking the stand, demonstrating how ethics scandals can snowball and make government attorneys choose between protecting themselves or their cases.
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July 23, 2024
Sonos Tells Fed. Circ. 100K Patents At Risk If Google Prevails
Wireless audio brand Sonos has warned the Federal Circuit that a federal judge's decision to scrap its jury win in a $32.5 million patent case against Google means that "about 100,000 patents are vulnerable."
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July 23, 2024
4th Circ. Says Bad Jury Instructions Gave J&J Win In Mesh Suit
The Fourth Circuit has vacated a judgment in Ethicon Inc. and Johnson & Johnson's favor in a suit from a woman alleging Ethicon's pelvic mesh was defective, saying a federal judge was wrong to limit her expert's opinion based on the so-called elimination mandate.
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July 23, 2024
Bros. Want New Trial For Concrete Price-Fixing Convictions
Two brothers convicted earlier this month of involvement in a ready-made concrete bid-rigging and price-fixing scheme asked a Georgia federal judge Monday for another shot at trial, arguing that repeated testimony about purported law-breaking tipped the scales in favor of federal prosecutors.
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July 23, 2024
Fiat Chrysler Escapes Damages, But Defect Finding Stands
Fiat Chrysler doesn't owe anything to consumers who sued it over allegedly faulty automatic head restraints in its vehicles, a Florida federal judge ruled, affirming a Fort Lauderdale jury's determination, but he declined to give the automaker a total win because it did violate the state's unfair trade law.
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July 23, 2024
Bannon To Face Border Wall Trial After Release From Prison
Steve Bannon's New York trial on charges that he stole donor money earmarked for a wall along the southern U.S. border will begin on Dec. 9, a month and a half after the former Donald Trump adviser is released from prison on a separate contempt of Congress conviction.
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July 23, 2024
No Victims, No Fraud, Trump Says In $465M Judgment Appeal
Donald Trump has appealed the $465 million judgment against him, arguing that the New York attorney general exceeded her authority in her civil fraud suit against the former president because the statute in question does not apply to victimless transactions.
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July 23, 2024
GM Says $100M Fee Request In Engine Defect Suit Is Too Much
General Motors LLC is urging a California federal court not to grant more than $100 million in fees and $1 million in costs to counsel for a class of car buyers who won a $100 million trial in 2022, saying many of the fees and costs can't be recovered under the law.
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July 23, 2024
Jerry Jones Strikes Midtrial Deal With Alleged Daughter
Dallas Cowboys owner Jerry Jones agreed to fulfill his remaining financial obligations to a 27-year-old woman who claims to be his daughter under a settlement reached Tuesday during a Texas federal trial over his claims that she violated their agreement by suing him in state court.
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July 23, 2024
Sig Sauer Says $2.35M Verdict Result Of 'Passion & Prejudice'
After a Georgia jury hit gunmaker Sig Sauer Inc. with a $2.35 million verdict last month over charges that a defect in its popular P320 pistol caused a man to accidentally shoot himself, the company filed a slew of motions Monday saying the judgment should be tossed or, at the least, cut down in size.
Expert Analysis
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Think Like A Lawyer: Forget Everything You Know About IRAC
The mode of legal reasoning most students learn in law school, often called “Issue, Rule, Application, Conclusion,” or IRAC, erroneously frames analysis as a separate, discrete step, resulting in disorganized briefs and untold obfuscation — but the fix is pretty simple, says Luke Andrews at Poole Huffman.
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Zero-Point Offender Eligibility May Hinge On Meaning Of 'And'
Some white collar defendants’ eligibility for the new zero-point offender sentencing adjustment comes down to whether the word “and” really means “and” — a question the U.S. Supreme Court is set to resolve in its upcoming Pulsifer v. U.S. decision, which could affect thousands of incarcerated people, say Brandon McCarthy and Nikita Yogeshwarun at Katten.
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Complying With Enforcers' Ephemeral Messaging Guidance
Given federal antitrust enforcers’ recently issued guidance on ephemeral messaging applications, organizations must take a proactive approach to preserving short-lived communications — or risk criminal obstruction charges and civil discovery sanctions, say attorneys at Manatt.
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How Firms Can Ensure Associate Gender Parity Lasts
Among associates, women now outnumber men for the first time, but progress toward gender equality at the top of the legal profession remains glacially slow, and firms must implement time-tested solutions to ensure associates’ gender parity lasts throughout their careers, say Kelly Culhane and Nicole Joseph at Culhane Meadows.
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How Echoing Techniques Can Derail Witnesses At Deposition
Before depositions, defense attorneys must prepare witnesses to recognize covert echoing techniques that may be used by opposing counsel to lower their defenses and elicit sensitive information — potentially leading to nuclear settlements and verdicts, say Bill Kanasky and Steve Wood at Courtroom Sciences.
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7 Common Myths About Lateral Partner Moves
As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.
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Series
Cheering In The NFL Makes Me A Better Lawyer
Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.
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Perspectives
Compassionate Release Grants Needed Now More Than Ever
After the U.S. Sentencing Commission's recent expansion of the criteria for determining compassionate release eligibility, courts should grant such motions more frequently in light of the inherently dangerous conditions presented by increasingly understaffed and overpopulated federal prisons, say Alan Ellis and Mark Allenbaugh at the Law Offices of Alan Ellis.
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Mitigating Whistleblower Risks After High Court UBS Ruling
While it is always good practice for companies to periodically review whistleblower trainings, policies and procedures, the U.S. Supreme Court’s recent whistleblower-friendly ruling in Murray v. UBS Securities helps demonstrate their importance in reducing litigation risk, say attorneys at Arnold & Porter.
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Perspectives
Justices' Double Jeopardy Ruling Preserves Acquittal Sanctity
The U.S. Supreme Court’s unanimous decision last week in McElrath v. Georgia, barring the state from retrying a man acquitted of murder after a so-called repugnant verdict, is significant in the tangled web of double jeopardy jurisprudence for its brief and unequivocal protection of an acquittal’s finality, says Lissa Griffin at Pace Law School.
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High Court Forfeiture Case Again Pits Text Against Purpose
In oral arguments Tuesday in McIntosh v. U.S., the U.S. Supreme Court will consider whether a federal court can impose asset forfeiture on a defendant even if it doesn’t comply with timing rules, which may affect the broader interpretation of procedural deadlines — and tees up the latest battle between textualism and purposivism, say Anden Chow and Christian Bale at MoloLamken.
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6 Pointers For Attys To Build Trust, Credibility On Social Media
In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.
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More Than Drugs At Stake In High Court's 'Blind Mule' Case
The U.S. Supreme Court's eventual decision in Diaz v. U.S., evaluating whether expert witnesses may testify that most defendants caught with drugs at the border know they are transporting drugs, could have implications for prosecuting everything from complex financial crimes to gun and drug cases, says Kenneth Notter at MoloLamken.
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Why Fla. High Court Adopting Apex Doctrine Is Monumental
The Florida Supreme Court recently solidified the apex doctrine in the Sunshine State, an important development that extends the scope of the doctrine in the state to include both corporate and government officials, and formalizes the requirements for a high-level corporate official to challenge a request for a deposition, says Laura Renstrom at Holland & Knight.
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A Refresher On Witness Testimony In 3 Key Settings
The recent controversy over congressional testimony from university presidents about antisemitism on campus serves as a reminder to attorneys about what to emphasize and avoid when preparing witnesses to testify before Congress, and how this venue differs from grand jury and trial proceedings, say Jack Sharman and Tyler Yarbrough at Lightfoot Franklin.