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Trials
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March 04, 2025
Vail To Blame For Woman's Ski Resort Fall, Seattle Jury Told
A mother who fell 20 feet at a Washington ski resort told a Seattle federal jury Tuesday that the Vail Corp. caused her injuries by failing to address a clear hazard on the mountain and relying on untrained alpine club parents to run chairlifts amid a 2022 staffing shortage.
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March 04, 2025
Gov't Says 2 Lab Owners Billed $40M In COVID Test Scheme
Federal prosecutors opened their case Tuesday against two laboratory owners, telling jurors in Florida that they ran a more than $40 million scheme to submit medically unnecessary COVID-19 testing claims to healthcare benefit programs.
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March 04, 2025
Phillips 66 'Trickery' Merits $1.2B More Damages, Judge Told
A startup that won a $605 million trade secrets verdict against oil giant Phillips 66 argued Tuesday in California state court that its would-have-been acquirer owes an additional $1.2 billion for reprehensible conduct, including by in-house counsel who supposedly made "efforts to cover up" information theft.
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March 04, 2025
Apple Seeks Ban Against Masimo's Original Smartwatch
Apple has urged a Delaware federal judge to issue an injunction against a healthcare technology company found last year to have infringed two of the tech giant's design patents with its W1 smartwatch and charger, calling the defense's refusal to agree to the injunction "telling."
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March 04, 2025
Fla. Med Mal Damages Loophole Facing Lawmaker Scrutiny
With the new legislative session now underway in the Florida Legislature, state lawmakers are once again considering doing away with a statute that plaintiffs attorneys say unfairly and arbitrarily limits pain-and-suffering damages in fatal medical malpractice cases, but healthcare providers are saying not so fast.
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March 04, 2025
Pool-Maker Hit With $25M Defect Verdict In Child's Drowning
A St. Louis federal jury has hit inflatables company Bestway USA Inc. with a $25 million verdict after finding its defectively designed above-ground pool was largely responsible for the drowning of a 2-year-old girl.
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March 04, 2025
Disney Animator Tells Jury 'Moana' Was His Original Idea
A longtime animation director for The Walt Disney Co. testified in California federal court Tuesday that his blockbuster movie "Moana" was inspired by Polynesian mythology and extensive research into the region and its culture, not the work of another artist now suing for copyright infringement.
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March 04, 2025
Pa. Justices Question 'Key' Witness Test For Forum Change
Members of the Pennsylvania Supreme Court wondered Tuesday if a state appeals panel established an unfair test by requiring parties seeking a new forum to shoulder the difficult burden of proving, very early in litigation, that faraway witnesses would be "key" to their case.
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March 04, 2025
2nd Circ. Mulls Blackmail Case's Effect On Fraud Conviction
Second Circuit judges looked tempted Tuesday to let Scott Tucker, who is incarcerated on charges that he ran a $2 billion payday lending scam, file a new appeal — after hearing that Tucker's trial counsel faced blackmail from an unrelated client during Tucker's $2 billion fraud trial.
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March 04, 2025
Atty Says He Feared For His Life Before Killing Attacker
Cramer & Anderson LLP partner Robert L. Fisher Jr. said Tuesday he was afraid for his life when he fatally shot a man who attacked him in the parking lot of his Connecticut law firm, and felt that he could not retreat from the confrontation.
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March 04, 2025
Trump Asks 2nd Circ. To Take Over Hush Money Appeal
President Donald Trump asked the Second Circuit to take over his New York state court appeal of his hush money conviction, saying the "extraordinary" case implicated official acts from his first term.
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March 04, 2025
NJ County Prosecutor Settles Detectives' Workplace Bias Case
The county prosecutor for Cape May, New Jersey, and two detectives who accused the office of fostering a hostile work environment where sexism and racial slurs were commonplace told a Garden State federal judge Tuesday that they have agreed to settle their dispute.
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March 04, 2025
Lead Testing Operations Chief To Admit Misbranding Charge
The former chief operating officer of Magellan Diagnostics will admit to defrauding the public by hiding flaws in the company's lead testing devices for years, according to a filing in Massachusetts federal court.
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March 04, 2025
Feds Seek 40 Mos. For Husband Of Ex-Takeda Exec
The husband of a former Takeda Pharmaceuticals vice president should spend more than three years in custody for his role in a fraudulent invoice scheme that netted the couple $2.3 million, prosecutors have told a federal judge in Massachusetts.
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March 04, 2025
Soccer League Demands New Trial After $500M Antitrust Loss
The defunct North American Soccer League asked a Brooklyn federal judge for a new antitrust trial over its claims that Major League Soccer and the American soccer governing body conspired to sabotage it, saying that improper instructions led a jury to reject the suit last month.
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March 04, 2025
New US Atty Wants 6-Month Pause Of Cognizant Bribery Trial
A federal judge has ordered the parties in a long-running Foreign Corrupt Practices Act case to file their positions Wednesday about how a 180-day adjournment would affect the Speedy Trial Act clock after a newly anointed U.S. attorney for the District of New Jersey asked to delay the trial of two former Cognizant Technology Solutions Corp. executives.
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March 03, 2025
Calif. Jury Struggling To Reach Verdict In Judge's Murder Trial
The murder trial of Orange County Superior Court Judge Jeffrey Ferguson took a dramatic turn on the fourth day of jury deliberations when jurors indicated they were at an impasse on whether Judge Ferguson is guilty of second-degree murder for shooting his wife to death in August 2023.
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March 03, 2025
Calif. Court OKs Slash Of $30M Med Mal Verdict To $250K
A California appeals court has agreed with the decimation of a $29.5 million wrongful death verdict against a chiropractor who cleared a teen with a heart condition for strenuous physical activity, saying the state's damages cap applies.
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March 03, 2025
Staffing Company Says Data Co. Dynata Stiffed It On $8M Bill
Connecticut-based market research company Dynata LLC stiffed a staffing company to the tune of $8 million after the staffing company refused to foot the bill for a wage and hour class action against Dynata, a Dallas jury heard Monday.
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March 03, 2025
Colo. Prospector Didn't Steal Anschutz Oil Secrets, Jury Told
A Colorado prospector told a Denver state jury on Monday that its $9 million sale of land next to Anschutz-owned oil and gas wells was not the result of stolen well production data, arguing Anschutz Exploration Corp. has no proof the prospector stole secret statistics.
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March 03, 2025
Ex-McKool Smith Atty Opts For Reichman Jorgensen In Austin
Reichman Jorgensen Lehman & Feldberg LLP has hired a former longtime McKool Smith patent litigator to run its office in Austin, Texas.
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March 03, 2025
Nike Says Lululemon Owes $2.8M As Shoe Patent Trial Begins
Nike opened a $2.8 million trial on Monday by telling a New York federal jury that athletic apparel maker Lululemon was only able to enter the shoe market by infringing Nike footwear manufacturing patents, while Lululemon suggested Nike's suit is aimed at hindering a key rival.
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March 03, 2025
Film Exec Testifies She Felt 'Set Up' By 'Moana' IP Claims
A movie executive told a California federal jury on Monday that she never shared a distant family member's script with The Walt Disney Co., and that she later felt "set up" and pressured to lie for this relative's copyright suit over the blockbuster animated film "Moana."
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March 03, 2025
VLSI Maintains Intel Doesn't Have A Free License To Its IP
VLSI Technology has urged U.S. District Judge Alan Albright to reinstate his 2022 decision that Intel Corp. doesn't have a license to its patents, saying no facts impacting a potential license have changed in the interim.
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March 03, 2025
DOJ Opposes Anthropic's Amicus Bid In Google Search Case
The U.S. Department of Justice is telling a D.C. federal judge to keep Anthropic PBC out of the remedies phase of its search antitrust case against Google, arguing that the artificial intelligence company is trying to backdoor its way to intervenor privileges through an amicus curiae request.
Expert Analysis
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What's Next For Russia Sanctions After Task Force Disbanded
Attorney General Pam Bondi’s recent disbanding of Task Force KleptoCapture, which was initially aimed at seizing Russian oligarchs’ funds and assets, is unlikely to mean the end of Russia sanctions enforcement and other economic countermeasures, as the architecture for criminal enforcement remains in place, say attorneys at BakerHostetler.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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What SDNY Judge Can And Can't Do In Adams Case
The federal judge in the Southern District of New York overseeing the criminal case against New York City Mayor Eric Adams deferred making a decision on the government's motion to dismiss the indictment, and while he does have limited authority to deny the motion, that would ultimately be a futile gesture, says Ethan Greenberg at Anderson Kill.
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Evidence Rule May Expand Use Of Out-Of-Court Statements
A proposed amendment to Federal Rule of Evidence 801(d)(1)(A) would broaden the definition of nonhearsay, reflects a more pragmatic approach to regulating the admissibility of out-of-court statements by declarant-witnesses, and could help level the playing field between prosecutors and criminal defendants, say attorneys at Hangley Aronchick.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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The Math Of Cross-Examination: Less Is More, More Is Less
When conducting cross-examination at trial, attorneys should remember that “less is more, and more is less” — limiting both the scope of questioning and the length of each query in order to control the witness’s testimony and keep the factfinders’ attention, says Thomas Innes at the Defender Association of Philadelphia.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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DOJ Memos Likely To Increase Mandatory Minimum Charges
In line with previous administrations’ pingpong approach to sentencing policy, new U.S. Department of Justice leadership recently rescinded Biden-era memos on charging decisions, cabining prosecutorial discretion and likely leading to more mandatory minimum sentences, say attorneys at Arnold & Porter.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Tools For Witness Control That Go Beyond Leading Questions
Though leading questions can be efficient and effective for constraining a witness’s testimony, this strategy isn’t appropriate for every trial and pretrial scenario, so techniques like headlining and looping can be deployed during direct examination, depositions and even witness interviews, says Allison Rocker at Baker McKenzie.
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High Court Sentencing Case Presents Legal Fork In The Road
On Feb. 25, the U.S. Supreme Court will hear arguments in Esteras v. U.S. about the factors trial courts may consider when imposing a sentence of imprisonment after revoking supervised release, and the justices’ eventual decision may prioritize either discretion or originalism, says Michael Freedman at The Freedman Firm.
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4 Do's And Don'ts For Trial Lawyers Using Generative AI
Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.
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Defense Strategies For Politically Charged Prosecutions
Politically charged prosecutions have captured the headlines in recent years, providing lessons for defense counsel on how to navigate the distinct challenges, and seize the unique opportunities, such cases present, says Kenneth Notter at MoloLamken.