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Trials
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October 11, 2024
Spex Expert Pushed On Differences In Western Digital's Drives
Western Digital's counsel on Friday challenged a Spex Technologies expert witness on his testimony that Western Digital's drives lift Spex's data encryption patent, showing California federal jurors that the drives in question don't allow for the type of communication contemplated by Spex's invention.
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October 11, 2024
Apple Judge OKs New Schedule But Pans 'Burden' To Court
A California federal judge Friday issued an order in antitrust litigation against Apple that permits the plaintiffs and the tech giant to push out discovery deadlines, but said the change "shifts the burden to the court," so they'll have to prepare for trial "with or without" rulings on filed motions.
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October 11, 2024
Judge Awards $2.4M For Crash Sparked By Military Explosives
A Washington federal judge on Friday awarded $2.4 million to a couple who sued after the husband was seriously injured in a 2016 motorcycle accident in a thick cloud of smoke from a brush fire sparked by explosives detonated by National Guard soldiers on a training exercise.
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October 11, 2024
Apple Watch Patents Dodge Ax As Masimo Jury Trial Nears
A Delaware federal judge has refused to invalidate Apple Inc.'s smartwatch patents being challenged by health technology company Masimo Corp. ahead of this month's jury trial over whether the tech behemoth infringed Masimo's pulse oximetry technology patents.
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October 11, 2024
Boston Bomber Says Judge's Praise For Jury DQs Him
A Massachusetts federal judge's public comments praising the jury that delivered a conviction and death sentence for Boston Marathon bomber Dzhokhar Tsarnaev disqualify him from reviewing alleged juror misconduct, the defendant's lawyers said in a filing unsealed Friday.
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October 11, 2024
J&J Should Pay $30M For Developer's Cancer, Conn. Jury Told
Attorneys for a western Massachusetts real estate developer on Friday urged a Connecticut jury to award $30 million for past and future suffering to a lifelong Johnson & Johnson baby powder user diagnosed with mesothelioma, but the company's attorneys suggested $4 million was a more reasonable figure while contesting liability whatsoever.
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October 11, 2024
Judge Doubts FTX Alum Needs Further Dog Bite Recovery
A Manhattan federal judge has denied a bid from former FTX executive Ryan Salame to further postpone the start of his 7½-year prison sentence, saying he had already benefited from "extremely generous" delays, and agreeing with prosecutors that Salame appeared to have largely recovered from a dog bite that he said he suffered in June.
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October 11, 2024
DC's Amazon Antitrust Suit Gets January 2027 Trial Date
The District of Columbia attorney general's newly revived antitrust lawsuit against Amazon will go to trial in January 2027, a D.C. judge decided Friday.
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October 11, 2024
Stellantis Defeats Utah Class Cert Bid In Gearshift MDL
A Michigan federal judge declined to certify a class of Utah drivers seeking to hold Stellantis North America liable for defective gearshifts in certain Dodges, Chryslers and Jeeps, reasoning that each of the claims would have to be evaluated to determine if drivers noticed issues in the vehicles but purchased or leased them nonetheless.
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October 11, 2024
Michigan Tech Wants New Trial In Prof's Pregnancy Bias Case
Michigan Technological University has asked a judge to toss a jury verdict in favor of a former professor in a pregnancy discrimination case, saying evidence related to the professor's theory that the college was planning to deny her tenure should have been kept out of trial.
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October 11, 2024
Subcontractor Owes Travelers $325K For Hotel Work Deal
A Travelers unit is entitled to recover $325,000 for payments made against its surety bonds to settle a general contractor's claims that a subcontractor abandoned work on an Idaho hotel, a Washington federal court ruled, finding the subcontractor liable under an indemnity agreement with Travelers.
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October 11, 2024
Weinstein Charges Should Be Combined For Retrial, DA Says
Prosecutors asked a New York state court judge to consolidate Harvey Weinstein's 2018 rape indictment with newly filed sexual assault charges ahead of his retrial, panning the former Hollywood producer's "creative" arguments for separate trials.
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October 11, 2024
Xcel, Colo. Co-Op Reach Deal To End Power Plant Appeal
Xcel Energy and a Colorado electric cooperative have told an intermediate state appellate court that they've reached a settlement in principle to avoid further appeals of a $26 million jury verdict against Xcel in a fight over the closure of a power plant.
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October 11, 2024
Lin Wood Slams Ga. Atty Fee Statute As Unconstitutional
Retired Georgia attorney L. Lin Wood has doubled down on his argument that a state law violates the state and U.S. constitutions by favoring plaintiffs in awarding attorney fees, urging a Georgia federal judge to let him escape paying his former law partners' fees after they won a $3.75 million defamation verdict.
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October 11, 2024
RTX Warned By Judge Over 'Troubling' Settlement Delay
A Massachusetts federal judge on Friday chided RTX for slow-walking the finalization of a settlement the defense contractor struck with a Connecticut company just before trial in a trade secrets dispute.
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October 11, 2024
'Bloodsport' Poaching Case To Mediate After Disputed Verdict
An exasperated Boston federal judge on Friday talked two rival medical aesthetic device companies into a round of mediation with a magistrate judge to see if they could wrap up the fiercely litigated poaching case that's already resulted in a contested eight-figure verdict.
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October 10, 2024
Chutkan OKs Redacted Immunity Evidence In Trump Case
The D.C. federal judge overseeing the case that charges Donald Trump with scheming to subvert the 2020 election results will allow the public disclosure of some evidence related to the issue of his potential immunity, but will give the former president time to challenge the disclosure.
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October 10, 2024
Western Digital Lifted Spex's Data Security IP, Expert Says
Western Digital's My Book and Ultrastar storage devices infringe features in Spex Technologies' data security patent, including hardware encryption and a means of allowing a host computer to request and receive information from the device once it's plugged in, an expert witness testified during the infringement trial Thursday in California federal court.
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October 10, 2024
Wash. Judge Condemns Monsanto's Bid To Delay PCB Trial
A Washington state judge grew frustrated on Thursday with Monsanto's eleventh-hour attempt to shelve a PCB poisoning tort headed to trial next week until the state Supreme Court weighs in on a similar case, calling out the chemical giant for taking stances on "both sides of the fence" about the stakes on appeal.
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October 10, 2024
IP Forecast: 5G Patent Case Spells Deja Vu For EDTX
A patent suit against a Chinese phone company will go before a new federal jury in the Eastern District of Texas after the judge scrapped the original $10.6 million verdict against it as excessive. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.
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October 10, 2024
Chef Hit With $4.5M Award For Defaming, Harassing Worker
A Cook County, Illinois, jury has awarded a former employee of the now-shuttered Chicago restaurant Acadia $4.5 million in damages after he accused his ex-boss of targeting him through a systematic internet harassment campaign.
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October 10, 2024
Most Appian Claims Survive In Pegasystems Defamation Fight
A Massachusetts federal judge has allowed most counterclaims from business software company Appian Corp. to proceed against rival Pegasystems Inc., which accused its competitor in a lawsuit of making deliberately malicious statements and representations regarding a trade secret case the parties are litigating in Virginia.
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October 10, 2024
Tobacco Cos. Push To Move Dozens Of Cases Out Of Boston
Several tobacco companies asked a Massachusetts judge Thursday to send more than 30 pending liability cases to other venues in the state, arguing that the plaintiffs have no ties to Suffolk County and that the volume of cases is burdening judges in the Boston courthouse.
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October 10, 2024
5th Circ. Says ISP Liable For Piracy But Orders Damages Redo
The Fifth Circuit has concluded that a Texas federal court correctly upheld a jury verdict finding internet service provider Grande Communications Networks LLC is liable for the willful contributory copyright infringement of 1,403 songs from several record labels but ordered that the nearly $47 million in damages be recalculated.
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October 10, 2024
Teva To Pay $450M To Settle Kickback Cases
Pharmaceutical giant Teva will pay $450 million to settle allegations it violated the False Claims Act by fixing the prices of several generic drugs and by raising the price of a multiple sclerosis treatment while covering Medicare recipients' copays, civil prosecutors said Thursday.
Expert Analysis
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Justices' Bribery Ruling: A Corrupt Act Isn't Necessarily Illegal
In its Snyder v. U.S. decision last week, the U.S. Supreme Court held that a bribery law does not criminalize gratuities, continuing a trend of narrowing federal anti-corruption laws and scrutinizing public corruption prosecutions that go beyond obvious quid pro quo schemes, say Carrie Cohen and Christine Wong at MoFo.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Roundup
After Chevron
Since the U.S. Supreme Court overturned the Chevron deference standard in June, this Expert Analysis series has featured attorneys discussing the potential impact across 36 different rulemaking and litigation areas.
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Key Takeaways From High Court's Substitute Expert Decision
The U.S. Supreme Court’s recent Smith v. Arizona decision, holding that the confrontation clause generally bars prosecutors’ use of a substitute expert witness at trial, will have the most impact in narcotics and violent crime cases, but creative defense lawyers may find it useful in white collar cases, too, say Joshua Naftalis and Melissa Kelley at Pallas Partners.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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Justices' 'Blind Mule' Ruling Won't Change Defense Strategy
The U.S. Supreme Court’s decision last week in Diaz v. U.S., holding that expert witnesses can testify broadly about the mental state of “most people” in a group, simply affirms the status quo for the majority of defendants, and is unlikely to change defense counsel’s strategy at trial, says Walter Gonçalves at the Arizona Federal Public Defender's Office.
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4 Steps To Repair Defense Credibility In Opening Statements
Given the continued rise of record-breaking verdicts, defense counsel need to consider fresh approaches to counteract the factors coloring juror attitudes — starting with a formula for rebuilding credibility at the very beginning of opening statements, says Ken Broda-Bahm at Persuasion Strategies.
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Prejudicial Evidence Takeaways From Trump Hush Money Trial
The Manhattan District Attorney's Office's prosecution and conviction of former President Donald Trump on 34 felony counts provides a lesson on whether evidence may cause substantial unfair prejudice, or if its prejudicial potential is perfectly fair within the bounds of the law, says Reuben Guttman at Guttman Buschner.
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Lower Courts May Finally Be Getting The Memo After Ciminelli
A year after the U.S. Supreme Court again limited prosecutors' overbroad theories of fraud in Ciminelli v. U.S., early returns suggest that the message has at least partially landed with the lower courts, spotlighting lessons for defense counsel moving forward, says Kenneth Notter at MoloLamken.
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After A Brief Hiccup, The 'Rocket Docket' Soars Back To No. 1
The Eastern District of Virginia’s precipitous 2022 fall from its storied rocket docket status appears to have been a temporary aberration, as recent statistics reveal that the court is once again back on top as the fastest federal civil trial court in the nation, says Robert Tata at Hunton.
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Recruitment Trends In Emerging Law Firm Frontiers
BigLaw firms are facing local recruitment challenges as they increasingly establish offices in cities outside of the major legal hubs, requiring them to weigh various strategies for attracting talent that present different risks and benefits, says Tom Hanlon at Buchanan Law.
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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.