Trials

  • August 01, 2024

    NJ Transit On Hook For $11.6M Injury Verdict, 2nd Circ. Says

    The Second Circuit on Tuesday affirmed a jury's $11.6 million verdict accusing New Jersey Transit of negligently ordering a train engineer to continue operating in an overheated cab that caused him to suffer career-ending injuries, saying the state-owned company had a duty to maintain the cab's air conditioning system.

  • August 01, 2024

    Georgia Judge Can't Order Woman To Pay For Jury Costs

    A Georgia appeals court on Thursday said a trial court erred when it ordered a woman who voluntarily dismissed a personal injury suit during jury selection to pay more than $2,000 for jury and bailiff costs, saying there is no statute authorizing such an order.

  • August 01, 2024

    Alter Egos Say Rival Pool Co. Jumped The Gun On Discovery

    The alter egos of bankrupt pool supply company Blueworks Corp. have rebuffed claims that they "simply refuse to answer" requests for discovery from rival Hayward Industries Inc. in its quest to secure a $16 million false advertising and deceptive trade practices judgment.

  • August 01, 2024

    Calif. Jury Clears Bayer In Flea And Tick Med Antitrust Suit

    A California federal jury on Thursday cleared Bayer of allegations that it owes millions for cutting anticompetitive deals with pet product retailers to undermine competition from generics makers of flea and tick treatments for dogs.

  • August 01, 2024

    PTAB Takes Out Last Patent From Google's $12M Trial Loss

    Google has persuaded the Patent Trial and Appeal Board to invalidate all Flypsi Inc. patent claims tied to the tech giant's $12 million infringement loss in the Western District of Texas.

  • August 01, 2024

    Prisoner Swap Includes Russian Convicted Of Insider Trading

    A Kremlin-linked Russian national serving nine years for the largest insider trading case ever prosecuted in the U.S. was among the 24 people freed Thursday in an elaborate prisoner swap that included American journalist Evan Gershkovich and former Marine Paul Whelan.

  • August 01, 2024

    Bahamas Resort Developer Seeks $1.5B In Builder Fraud Trial

    Counsel for the now-defunct developer of the Bahamian luxury resort Baha Mar opened a bench trial in New York state court Thursday arguing the company lost more than $1.5 billion because of a Chinese state-owned construction firm's "lies, competing agendas and broken promises."

  • August 01, 2024

    Texas Judge Pauses Border Buoy Trial After 5th Circ. Ruling

    A federal judge on Thursday postponed a bench trial in the Biden administration's suit against Texas over a border barrier in the Rio Grande after the Fifth Circuit vacated the district court's order for Texas to move the barrier during litigation.

  • August 01, 2024

    Judge Denies Bid For Financial Info Of Miami Official's Wife

    A Florida federal judge rejected a bid by two property developers seeking financial records of a Miami commissioner's wife in a garnishment hearing, saying Wednesday their claim isn't supported, although withholding them could work against the official claiming his salary can't be used to pay a $63.5 million judgment.

  • August 01, 2024

    Feds Urge Against Steve Bannon's En Banc Rehearing Bid

    The federal government is urging the D.C. Circuit not to revisit its long-standing precedent on the meaning of the contempt of Congress law as former Donald Trump aide Steve Bannon looks to undo his conviction under the statute.

  • August 01, 2024

    NY Appeals Court Upholds Trump Gag Order

    A New York appeals court on Thursday rejected Donald Trump's bid to strike down a gag order that bars him from threatening court and district attorney staff in his criminal hush money case ahead of his scheduled sentencing next month, as the former president renewed his bid to vacate his conviction following the U.S. Supreme Court's immunity ruling.

  • August 01, 2024

    Rising Star: Gibson Dunn's Betty Yang

    Betty Yang of Gibson Dunn & Crutcher LLP successfully secured a historic victory for technology giant Apple Inc. against antitrust attacks related to its app store, earning her a spot among the trial attorneys under age 40 honored by Law360 as Rising Stars.

  • August 01, 2024

    Mass. Could Be New Front In The Battle Over Jury Trial Right

    Following the U.S. Supreme Court's ruling granting defendants facing administrative civil penalties the right to a jury trial, experts say a similar challenge in Massachusetts is likely, but may not find as receptive a judicial audience.

  • August 01, 2024

    Schumer And Senate Dem Bill Would Reverse Trump Immunity

    Senate Majority Leader Chuck Schumer, D-N.Y., and more than 30 of his Democratic colleagues introduced a bill on Thursday to undo the U.S. Supreme Court's ruling that former President Donald Trump has immunity for official acts.

  • July 31, 2024

    Portland Clinic Let Colonoscopy Patient Die, Jury Hears

    A Portland Clinic doctor and staff did almost nothing to help an anesthetized colonoscopy patient while he went without oxygen for 22 minutes, jurors heard during opening arguments in an Oregon medical malpractice trial Wednesday.

  • July 31, 2024

    Live Nation Says In-House Attys Can't Access DOJ Docs

    As it warned would be the case, Live Nation is telling a New York federal judge that it has no in-house counsel that will be able to meet his rules on counsel access to highly confidential material in the U.S. Department of Justice's antitrust suit against the live events company.

  • July 31, 2024

    UFC Fighters' $335M Wage Deal Rejected Amid Scrutiny

    A Nevada federal court has rejected a $335 million deal that would end claims from mixed martial arts fighters accusing Ultimate Fighting Championship of suppressing their wages, setting up a potential trial later this year.

  • July 31, 2024

    Fla. Jury Awards $8.3M In Spat Over Sale Of Pro Player Brand

    A Florida jury has awarded Perry Ellis $8.3 million after finding that United Legwear Co. purposely depressed the value of Perry Ellis' Pro Player brand under a licensing agreement to avoid paying fair market value when it purchased the brand later.

  • July 31, 2024

    NFL Finds Judge Open To Tossing $4.7B Sunday Ticket Award

    A California federal judge appeared open Wednesday to the NFL's argument that he should throw out a jury's stunning $4.7 billion antitrust verdict over the league's Sunday Ticket television package, saying he has "trouble" with the jury's damages award and suggesting that jurors may have disregarded his instructions.

  • July 31, 2024

    Wash. Hospital Workers Keep $230M Wage Win, Attys Get 30%

    A Washington state court rejected a hospital system's attempt to undo its nearly $230 million loss in a class wage and hour case, ruling Wednesday that jurors reasonably relied on expert damages calculations, while also signing off on a roughly $70 million attorney fee award for class counsel.

  • July 31, 2024

    Del. Judge Clears Lupin's Generic Kidney Disease Drug

    A ruling out of a Delaware federal court on Wednesday prevented a major Japanese pharmaceutical company from using patent law to block an Indian rival's efforts to market a generic version of a blockbuster kidney disease treatment.

  • July 31, 2024

    Gov't Fights Doctor's Bid For New Trial In NBA Fraud Case

    Federal prosecutors are urging a New York district judge to reject a request for a retrial from a Seattle doctor found guilty for his role in a vast NBA fraudulent healthcare scheme, arguing that it properly admitted its evidence at trial, and it was more than enough to support the guilty verdict.

  • July 31, 2024

    Fla. Electric Co. Ex-CEO Gets 4 Years For Privatization Plot

    A Jacksonville, Florida, federal judge sentenced a former CEO of the city's electric company to four years in prison after a jury convicted him of fraud conspiracy charges in a multimillion-dollar embezzlement scheme connected to a process to privatize the public utility, prosecutors said Wednesday.

  • July 31, 2024

    Jury Instruction Error Kills $21M Verdict Over Noncompete

    Three former employees of a consulting group who jumped to a competitor in 2016 were let off the hook for a $21 million jury verdict Wednesday by an intermediate Massachusetts appellate court over a prejudicial error in jury instructions.

  • July 31, 2024

    10th Circ. Finds Plenty To Prove Colo. Doctor's COVID Fraud

    A Tenth Circuit panel has affirmed fraud convictions for a former Colorado physician, concluding that there was a wealth of evidence to find him guilty of swindling government COVID-19 aid programs and spending the money on himself.

Expert Analysis

  • In Bribery Case, High Court's Past Is Probably Prologue

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    The U.S. Supreme Court will soon hear oral arguments in Snyder v. U.S. on the issue of whether federal law criminalizes gratuities that are not tied to an explicit quid pro quo, and precedent strongly indicates the court will limit an expansive reading of the bribery statute, say attorneys Sami Azhari and Don Davidson.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Calif. High Court Ruling Has Lessons For Waiving Jury Trials

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    The California Supreme Court’s recent decision in TriCoast Builders v. Fonnegra, denying relief to a contractor that had waived its right to a jury trial, shows that litigants should always post jury fees as soon as possible, and seek writ review if the court denies relief from a waiver, say Steven Fleischman and Nicolas Sonnenburg at Horvitz & Levy.

  • Opinion

    DOJ Press Office Is Not Fulfilling Its Stated Mission

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    The U.S. Department of Justice Office of Public Affairs’ apparent practice of issuing press releases when someone is indicted or convicted, but not when a defendant prevails, undermines its stated mission to disseminate “current, complete and accurate” information, and has negative real-world ramifications, says Sara Kropf at Kropf Moseley.

  • Series

    Spray Painting Makes Me A Better Lawyer

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    My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.

  • Securing A Common Understanding Of Language Used At Trial

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    Witness examinations in the Georgia election interference case against former President Donald Trump illustrate the importance of building a common understanding of words and phrases and examples as a fact-finding tool at trial, says Reuben Guttman at Guttman Buschner.

  • Opinion

    Judicial Independence Is Imperative This Election Year

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    As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.

  • Series

    Riding My Peloton Bike Makes Me A Better Lawyer

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    Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.

  • NY Bond, Enforcement Options As Trump Judgment Looms

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    In light of former President Donald Trump's court filing this week indicating that he can't secure a bond for the New York attorney general's nearly $465 million judgment against him, Neil Pedersen of Pedersen & Sons Surety Bond Agency and Adam Pollock of Pollock Cohen explore New York state judgment enforcement options and the mechanics of securing and collateralizing an appellate bond.

  • Spartan Arbitration Tactics Against Well-Funded Opponents

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    Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.

  • 3 Litigation Strategies To Combat 'Safetyism'

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    Amid the rise of safetyism — the idea that every person should be free from the risk of harm or discomfort — among jurors and even judges, defense counsel can mount several tactics from the very start of litigation to counteract these views and blunt the potential for jackpot damages, says Ann Marie Duffy at Hollingsworth.

  • Risks Of Nonmutual Offensive Collateral Estoppel In MDLs

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    After the Supreme Court declined to review the Sixth Circuit's ruling in the E.I. DuPont de Nemours & Co. personal injury litigation, nonmutual offensive collateral estoppel could show up in more MDLs, and transform the loss of a single MDL bellwether trial into a de facto classwide decision that binds thousands of other MDL cases, say Chantale Fiebig and Luke Sullivan at Weil Gotshal.

  • Infringement Policy Lessons From 4th Circ. Sony Music Ruling

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    The Fourth Circuit's recent decision in Sony Music v. Cox Communications, which in part held that the internet service provider was liable for contributing to music copyright infringement, highlights the importance of reasonable policies to terminate repeat infringers, and provides guidance for litigating claims of secondary liability, say Benjamin Marks and Alexandra Blankman at Weil.

  • What Recent Study Shows About AI's Promise For Legal Tasks

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    Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.

  • When Your Client Insists On Testifying In A Criminal Case

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    Speculation that former President Donald Trump could take the stand in any of the four criminal cases he faces serves as a reminder for counsel to consider their ethical obligations when a client insists on testifying, including the attorney’s duty of candor to the court and the depth of their discussions with clients, says Marissa Kingman at Fox Rothschild.

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