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Trials
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November 05, 2024
On The Ground: How Attorneys Are Safeguarding The Election
Attorneys are working tirelessly Tuesday to support citizens and election workers on the final day of voting in what is expected to be one of history's closest and most contentious presidential contests.
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November 04, 2024
Full 4th Circ. Asked To Hear Fraud Witness, Jury Issues
Two men convicted of investment fraud have asked the full Fourth Circuit to reconsider their appeal concerning a jury hidden from view of the public and accusers allowed to testify by deposition, saying a split panel blessed trial practices that were "unprecedented on multiple levels."
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November 04, 2024
'Don't Cut Corners, Counsel,' Judge In $110M Trial Warns
A California federal judge delayed rebuttal arguments in Pacific Steel Group's $110 million antitrust trial against rebar giant Commercial Metals Co. Monday after PSG complained that CMC's closings misled jurors about the standard for harm, saying the issue threw "a complete wrench" into the trial and warning CMC, "Don't cut corners, counsel."
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November 04, 2024
Hilton Gets $30M Punitive Damages Injury Award Cut To $10M
A New York federal judge has slashed a jury's punitive damages award from $30 million to $10 million in a suit accusing Hilton of causing a hotel guest's severe spinal injuries when it knowingly failed to replace defective bathroom doors, saying the award was excessive.
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November 04, 2024
Monsanto Can't Keep Expert PCB Estimates From Seattle Jury
A Washington state judge has slapped down Monsanto's bid to stop a plaintiffs' expert from sharing chemical exposure opinions with jurors in a Seattle PCB poisoning tort, saying on Monday that the company's stance that the testimony is "junk science" relies on an outdated record in a related Court of Appeals case.
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November 04, 2024
Sanctions Lessened Against Testing Co. That 'Duped' Judge
A California federal judge Monday lessened sanctions imposed on Natera Inc. in a false advertising case first brought by rival Guardant Health Inc., allowing some clinical cancer study evidence to be presented at a trial starting Tuesday despite his earlier finding that Natera's expert and counsel had "duped" the court.
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November 04, 2024
Startup Beats $460M Cancer Trade Secrets Case In Delaware
In front of a federal jury in Delaware, a California biotech startup has defeated a nearly $460 million trade secrets case from a rival that claimed the startup's co-founder helped himself to confidential information regarding cancer treatment antibodies while employed as an expert in an unrelated international arbitration proceeding.
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November 04, 2024
Judge 'Sorry' Before IP Retrial: 'My Mind Has Been Elsewhere'
A New York federal judge has apologized for not being prepared at a pretrial conference ahead of a damages retrial between lighting fixture company Lutron Electronics and the company whose window shade patent it was found to infringe, GeigTech East Bay.
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November 04, 2024
Google Looks To Toss Rumble's Search Antitrust Case
Google told a California federal court there's no need for a trial in Rumble's antitrust case accusing it of rigging its search results to favor YouTube over the rival video-sharing site, saying the tech giant applies its search algorithms consistently across all webpages.
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November 04, 2024
Ex-Dentons Atty Botched $54M Currency Deal, Jury Told
A Venezuelan lawyer blamed a former Dentons US LLP attorney Monday for a $54 million loss in a bolivar-to-dollars currency swap, telling a Miami jury that the attorney never communicated that the buyer of the bolivars had not agreed to deposit the U.S. dollars into escrow and instead proceeded with a doomed transaction.
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November 04, 2024
Microsoft Wants To Weigh In On Google Play Store Challenge
Microsoft has asked the Ninth Circuit to allow it to file an amicus brief backing Epic Games in Google's challenge to an injunction requiring Google to open up its Play Store to competing app stores, arguing that the search giant's policies have prevented Microsoft from offering "mobile gaming experiences customers want."
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November 04, 2024
Cigna Scores $7.3M Verdict Against Fla. Drug Testing Labs
A Connecticut federal jury on Monday handed Cigna Health and Life Insurance Co. a victory against three Florida boutique drug testing laboratories, finding the labs unjustly billed nearly $7.3 million for tests on substance abuse patients that the insurer declared medically unnecessary.
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November 04, 2024
Amazon Says DC Antitrust Suit Full Of 'Mischaracterizations'
Amazon hit back Friday against the District of Columbia's amended antitrust complaint, arguing that the business practices the city claims are diminishing competition and inflating prices for consumers are actually doing the opposite — rewarding competition — and claiming that retail competition is "vigorous" both online and in person.
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November 04, 2024
Colo. Justices Say Expert Testimony OK Without Formalities
The Colorado Supreme Court held Monday that the formal offer and acceptance of an expert isn't required for that expert's testimony to be admissible, finding in a published opinion that there's no actual state requirement for courts to use such a practice.
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November 04, 2024
Ericsson Settles Cell Site Patent Case On Eve Of Texas Trial
Ericsson reached a settlement over cellular infrastructure patents on Friday, allowing Verizon, AT&T and T-Mobile to avoid a looming trial in Texas federal court over their use of the technology.
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November 04, 2024
Farm Asks 4th Circ. To Undo $2.5M Severed-Foot Verdict
A North Carolina farm and four of the family members who run it urged the Fourth Circuit to undo a $2.5 million verdict in favor of a former worker whose foot was severed by a grain silo auger, arguing that the trial judge was wrong to say the evidence supported the jury's decision.
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November 04, 2024
Ex-LA City Hall Lobbyist Dodges Jail For Bribery Scheme
A California federal judge Monday sentenced a former Los Angeles City Hall lobbyist to six months home confinement for his role in conspiring to bribe a then-city councilmember, telling the defendant he started the day planning to sentence him to prison but changed his mind after hearing his "sincere" comments.
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November 04, 2024
Pa. Jury Finds Fastener Co.'s Ads Infringing, But Charts OK
A Philadelphia jury has delivered a mixed verdict in an industrial fastener manufacturer's intellectual property lawsuit against its competitor, finding that Peninsula Components Inc. improperly used Penn Engineering & Manufacturing Corp.'s "PEM" trademark in its online ads, but deciding that the mark's appearance on specification comparison charts was fair use.
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November 04, 2024
Texas Border Buoy Trial Delayed After En Banc Ruling
An Austin federal judge paused an impending bench trial between the Biden administration and the state of Texas over a 1,000-foot buoy barrier in the Rio Grande, reopening discovery Monday in the wake of an en banc circuit court opinion that slammed the judge for ordering the removal of the buoys.
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November 04, 2024
Hospital Can't Undo Widow's $5M Win Over Husband's Suicide
An Illinois state appeals court won't upend a $5 million verdict awarded to a widow against a Cook County hospital in a suit over her husband's death by suicide, finding that the widow's expert testimony was enough for a jury to conclude that the doctor's negligence led to the death.
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November 04, 2024
MVP: Proskauer's Bart Williams
Proskauer Rose LLP partner Bart Williams led Gilead Sciences Inc. to a victory over a $3.6 billion antitrust lawsuit, and helped Netflix resolve claims that Ava DuVernay's show about the Central Park Five defamed the prosecutor of the later-exonerated men, earning him a spot as one of the 2024 Law360 Trials MVPs.
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November 04, 2024
Feds Slam Ozy Media CEO's 'Last-Ditch' Effort To DQ Judge
Prosecutors have pushed back against Ozy Media CEO Carlos Watson's "last-ditch effort" to get his fraud and identity theft convictions undone, insisting that investments owned by the New York federal judge overseeing his case are in hedge funds and not in Watson's victims, and are too small to matter.
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November 04, 2024
NFL Stakes Out Appeal Rights In Sunday Ticket Antitrust Fight
While the NFL was able to overturn a $4.7 billion antitrust jury verdict against its Sunday Ticket broadcasting package, the league is nevertheless staking out an appeal at the Ninth Circuit in case the fight is turned on its head again.
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November 01, 2024
Texas Justice Says Amici Should Get Say In Religion Case
A Texas Supreme Court justice released a statement Friday saying the court should have granted First Liberty Institute's request for five minutes to argue its position in a case about religious freedom under the Lone Star State's constitution, saying help from an amici would be "sensible and advisable."
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November 01, 2024
No New Trial For Akoustis After $39M Trade Secret Case Loss
A federal judge has refused to give Akoustis Technologies Inc. another trial after jurors earlier this year told it to pay wireless company Qorvo Inc. nearly $38.6 million for trade secrets and infringing misappropriating acoustic wave resonator patents.
Expert Analysis
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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Consider The Impact Of Election Stress On Potential Jurors
For at least the next few months, potential jurors may be working through anger and distrust stemming from the presidential election, and trial attorneys will need to assess whether those jurors are able to leave their political concerns at the door, says Ken Broda-Bahm at Persuasion Strategies.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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Perspectives
Protecting Survivor Privacy In High-Profile Sex Assault Cases
Multiple civil lawsuits filed against Sean "Diddy" Combs, with claims ranging from sexual assault and trafficking to violent physical beatings, provide important lessons for attorneys to take proactive measures to protect the survivor's anonymity and privacy, says Andrea Lewis at Searcy Denney.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Ex-Chicago Politician's Case May Further Curb Fraud Theories
The U.S. Supreme Court recently agreed to hear Thompson v. U.S. to determine whether a statement that is misleading but not false still violates federal law, potentially heralding the court’s largest check yet on prosecutors’ expansive fraud theories, with significant implications for sentencing, say attorneys at the Law Offices of Alan Ellis.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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Fluoride Ruling Charts Path To Bypass EPA Risk Evaluations
A California federal court's recent ruling in Food and Water Watch v. U.S. Environmental Protection Agency, ordering the agency to address the public health risks of fluoridated drinking water, establishes a road map for other citizen petitioners to bypass the EPA's formal risk evaluation process, say attorneys at Wiley.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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7 Tips To Help Your Witness Be A Cross-Exam Heavyweight
Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.