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Trials
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October 15, 2024
J&J Hit With $15M Verdict In Builder's Mesothelioma Suit
A Connecticut state court jury on Tuesday slammed Johnson & Johnson and several subsidiaries with a $15 million compensatory damages verdict for a real estate developer who sought to hold the companies liable for his mesothelioma diagnosis.
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October 15, 2024
Judge Approves Murdaugh Boat Crash Settlement
A South Carolina judge has approved a $15 million settlement in a suit against a gas station that allegedly sold alcohol to disgraced attorney Alex Murdaugh's underage son, who was later involved in a boat crash that killed one person, after a hangup with an insurance carrier was resolved.
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October 15, 2024
Qorvo Follows $39M Jury Win With Trade Secrets Purge Order
A federal judge said wireless company Qorvo Inc. is entitled to permanent injunctions blocking Akoustis Technologies Inc. from infringing two acoustic wave resonator patents and another order requiring the "purging" of all misappropriated trade secrets from Akoustis' systems on top of a $39 million verdict in favor of the business.
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October 15, 2024
Pair Convicted In Baccarat Cheating Scheme At Mass. Casino
A Massachusetts jury has convicted a baccarat dealer and a player on charges that they cheated a Boston-area casino out of $15,000, according to the state attorney general's office.
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October 15, 2024
Law Firms Diverge As Anti-ESG Pushback Continues
A continuing onslaught of legislation and litigation opposing corporate environmental, social and governance actions has created a fork in the road for law firms, with some choosing to scale back efforts and others pushing ahead with their internal ESG and diversity, equity and inclusion goals.
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October 15, 2024
The 2024 Law360 Pulse Social Impact Leaders
Check out our Social Impact Leaders ranking, analysis and interactive graphics to see which firms stand out for their engagement with social responsibility and commitment to pro bono service.
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October 15, 2024
Kirkland Litigator Moves To Paul Hastings In DC
A life-long Kirkland & Ellis LLP attorney, who Paul Hastings announced Monday has joined the team in Washington, D.C., as a partner, told Law360 Pulse he was inspired to become a litigator after a clerkship he had after law school on the U.S. Court of Appeals for the Fourth Circuit.
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October 15, 2024
'Varsity Blues' Prosecutor Joins Quinn Emanuel In Boston
Quinn Emanuel Urquhart & Sullivan LLP has added a former Massachusetts federal prosecutor who oversaw numerous high-profile cases in recent years, including the "Varsity Blues" college admissions scandal.
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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.
Expert Analysis
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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.
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Money, Money, Money: Limiting White Collar Wealth Evidence
As courts increasingly recognize that allowing unfettered evidence of wealth could prejudice a jury against a defendant, white collar defense counsel should consider several avenues for excluding visual evidence of a lavish lifestyle at trial, says Jonathan Porter at Husch Blackwell.
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How Associates Can Build A Professional Image
As hybrid work arrangements become the norm in the legal industry, early-career attorneys must be proactive in building and maintaining a professional presence in both physical and digital settings, ensuring that their image aligns with their long-term career goals, say Lana Manganiello at Equinox Strategy Partners and Estelle Winsett at Estelle Winsett Professional Image Consulting.
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Firms Must Rethink How They Train New Lawyers In AI Age
As law firms begin to use generative artificial intelligence to complete lower-level legal tasks, they’ll need to consider new ways to train summer associates and early-career attorneys, keeping in mind the five stages of skill acquisition, says Liisa Thomas at Sheppard Mullin.
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Think Like A Lawyer: Always Be Closing
When a lawyer presents their case with the right propulsive structure throughout trial, there is little need for further argument after the close of evidence — and in fact, rehashing it all may test jurors’ patience — so attorneys should consider other strategies for closing arguments, says Luke Andrews at Poole Huffman.
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Series
Playing Chess Makes Me A Better Lawyer
There are many ways that chess skills translate directly into lawyer skills, but for me, the bigger career lessons go beyond the direct parallels — playing chess has shown me the value of seeing gradual improvement in and focusing deep concentration on a nonwork endeavor, says attorney Steven Fink.
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Litigation Inspiration: Attys Can Be Heroic Like Olympians
Although litigation won’t earn anyone an Olympic medal in Paris this summer, it can be worthy of the same lasting honor if attorneys exercise focused restraint — seeking both their clients’ interests and those of the court — instead of merely pursuing every advantage short of sanctionable conduct, says Bennett Rawicki at Hilgers Graben.
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Updated Federal Rules Can Improve Product Liability MDLs
The recent amendment of a federal evidence rule regarding expert testimony and the proposal of a civil rule on managing early discovery in multidistrict legislation hold great promise for promoting the uniform and efficient processes that high-stakes product liability cases particularly need, say Alan Klein and William Heaston at Duane Morris.
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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9th Circ. Ruling Shows Lies Must Go To Nature Of Bargain
The Ninth Circuit’s recent U.S. v. Milheiser decision, vacating six mail fraud convictions, clarifies that the key question in federal fraud cases is not whether lies were told, but what they were told about — thus requiring defense counsel to rethink their strategies, say Charles Kreindler and Krista Landis at Sheppard Mullin.
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Opinion
New Guidance On Guilty Plea Withdrawals Is Long Past Due
In light of the Sentencing Reform Act's 40th anniversary, adding a new section to the accompanying guidelines on the withdrawal of guilty pleas could remedy the lack of direction in this area and improve the regulation's effectiveness in promoting sentencing uniformity, say Mark H. Allenbaugh at SentencingStats.com and Alan Ellis at the Law Offices of Alan Ellis.
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Why Jurors Balk At 'I Don't Recall' — And How To Respond
Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.