Trials

  • July 19, 2019

    Katy Perry's 'Dark Horse' 'Borrows' Rapper's Beat, Jury Told

    Katy Perry's single "Dark Horse" uses a musical phrase that's substantially similar to that of a Christian rap song the pop singer is accused of ripping off, a California federal jury heard Friday in an intellectual property trial over whether Perry's songwriters listened to the rap before writing her hit.

  • July 19, 2019

    Jury Hits Besco With $5M Verdict In Oil-Drilling Patent Case

    A Louisiana federal jury has slapped Besco Tubular with a $5 million verdict, finding the oil services company guilty of patent infringement, breach of contract, violating state consumer protection law, fraud, and trade secret appropriation in a suit brought by Spoked Manufacturing over a tool used in the oil and gas industry.

  • July 19, 2019

    Pa. Man's $3.5M Award Over Missed Heart Disease Upheld

    A Pennsylvania appellate panel on Friday affirmed a jury’s decision to award $3.5 million in a suit accusing a hospital of failing to timely diagnose a man’s heart disease, saying certain medical expert testimony was not required.

  • July 19, 2019

    Research Refutes J&J Talc Asbestos Claims, Jury Hears

    An attorney defending Johnson & Johnson against claims its talcum powder caused mesothelioma pressed an environmental health expert on Friday to acknowledge research to the contrary, highlighting for a New Jersey jury asbestos studies by scientists and the company’s sophisticated quality control and asbestos detection methods.

  • July 19, 2019

    Couple Tries To Save $2B Roundup Win After Judge Slashes It

    A couple urged a California judge Friday to keep intact a $2.055 billion jury verdict against Monsanto in a trial over claims its Roundup contributed to their cancer, after the judge tentatively ruled that the award should be cut significantly.

  • July 19, 2019

    Polsinelli Bags Blank Rome Real Estate, Retail Litigator

    Polsinelli PC has hired a real estate and commercial litigator with experience in retail internal investigations from Blank Rome LLP in New York, part of the firm’s larger lateral hiring spree this month.

  • July 19, 2019

    Chocolatier's $49M Sandy Coverage Claim Headed To Trial

    Madelaine Chocolate Novelties Inc.’s bid to force a Chubb Ltd. insurer to pay an additional $49 million for property damage and business interruption losses caused by Superstorm Sandy is bound for trial after a New York federal judge held Thursday that the scope of coverage under the chocolatier’s policy is unclear due to several conflicting terms.

  • July 19, 2019

    NY Court OKs Hospital's Trial Win In Patient Death Suit

    A New York state appellate court has upheld a jury verdict in favor of a Hudson Valley hospital in a suit brought by the family of a deceased hip replacement patient, saying the trial came down to a battle of experts and the verdict was reasonable.

  • July 19, 2019

    Fla. High Court Won't Reinstate Smoker's $46.5M Verdict

    The Florida Supreme Court declined to take up the appeal of a decision overturning a $46.5 million verdict for a now-deceased smoker in an Engle progeny trial against R.J. Reynolds.

  • July 18, 2019

    Katy Perry Takes The Stand To Defend 'Dark Horse' Beat

    Katy Perry told a California federal jury Thursday that she's never heard the Christian rap song she's accused of ripping off to make her single "Dark Horse," kicking off an intellectual property trial over whether her songwriters listened to the rap before writing her hit.

  • July 18, 2019

    BU Loses Bid To Reinstate $14M LED Patent Win

    A Massachusetts federal judge on Thursday shut down Boston University’s bid to reinstate a $14 million patent infringement verdict against three LED manufacturers that was overturned by the Federal Circuit last year.

  • July 18, 2019

    Talc Left 'Fingerprint' In Ky. Travel Agent's Lungs, Jury Hears

    A Kentucky travel agent who died of mesothelioma had a signature mix of talc and asbestos in her lung tissue traceable to talcum powder, according to evidence presented Thursday in an unusual joint trial against manufacturers Johnson & Johnson and Colgate-Palmolive.

  • July 18, 2019

    NJ Atty Must Face New Trial In Fraud Suit Over Estate Plan

    A New Jersey state appeals court on Thursday ordered a new jury trial over claims against a former Rabil Kingett attorney and others purportedly involved in changing the estate plan of a woman with Alzheimer's disease and dementia, saying a lower court had improperly tossed a breach of fiduciary claim against the lawyer.

  • July 18, 2019

    Binary Options Exec Trained Reps To Con Investors, Jury Told

    On the second day of binary options executive Lee Elbaz’s fraud trial, one of her former subordinates took the stand to tell a Maryland federal jury that Elbaz coached her on how to lie to investors to bring in more cash.

  • July 18, 2019

    NJ Panel Nixes Ex-Prison Worker's $7.5M Jury Win

    A New Jersey state appeals court has axed a jury award that handed a former prison worker over $7.5 million as part of her whistleblower suit, kicking the case back to the lower court for a redo in front of a different judge.

  • July 18, 2019

    Jury Convicts Doctor, Nurse For $7.8M Health Care Fraud

    An Alabama federal jury convicted a doctor and nurse on numerous charges stemming from health care fraud valued at $7.8 million and their operation of a Birmingham clinic that served as a pill mill, federal prosecutors announced this week.

  • July 18, 2019

    $38M Win For 'Madoff' Defamation Not Covered, 9th Circ. Says

    The Ninth Circuit affirmed Thursday that Berkley National Insurance Co. isn't obligated to cover a $38 million defamation award that a Los Angeles real estate investor won against Berkley's policyholder, who created websites comparing the investor to jailed Ponzi schemer Bernie Madoff.

  • July 18, 2019

    Uber Leans On Mass. Official Blessing As Cabbie Trial Opens

    Uber Technologies Inc. told a Massachusetts federal judge Thursday that the fact it was allowed to operate without regulations defeats a $248 million suit by Boston-area cab companies accusing it of running an illegal, unregulated taxi service, as a trial began in a packed courtroom.

  • July 18, 2019

    Philly Commercial Property Tax Hike Ruled Unconstitutional

    The city of Philadelphia is facing the prospect of refunding tens of millions of dollars' worth of taxes following a state judge's decision Thursday that commercial property had been selectively reassessed in violation of uniform taxation rules in the Pennsylvania Constitution.

  • July 18, 2019

    Martin Shkreli's Conviction Upheld By 2nd Circ.

    The Second Circuit on Thursday affirmed the conviction of notorious former pharmaceutical executive Martin Shkreli on securities fraud and conspiracy charges, saying there was no error in the jury instructions at his trial.

  • July 17, 2019

    Ethicon Mesh Had Abysmal Success Rate, Surgeon Says

    An expert witness in California's ongoing trial against Johnson & Johnson for allegedly false pelvic mesh marketing testified Wednesday that when researchers studied the mesh's success rate in patients, it was abysmal — only 50% to 70% of implantations solved existing problems without causing new ones.

  • July 17, 2019

    Sunoco Likely To Win In Butane Blending Patent Trial: Judge

    An Illinois federal judge said Wednesday that Sunoco LP is likely to prevail on its patent infringement claims over a Wisconsin fuel distributor, but that the question of willful infringement, and whether Sunoco is entitled to $32 million in lost profits, is trickier.

  • July 17, 2019

    'May I Just Ask': Era Of Civility Passes With Justice Stevens

    Former clerks and attorneys remember Justice John Paul Stevens, who died Tuesday night at the age of 99, for his trenchant mind and his unending civility. Does his passing mark an end to an era of collegiality on the bench?

  • July 17, 2019

    Justice Stevens' Chevron Legacy Under Attack

    Justice John Paul Stevens' landmark decision in Chevron USA Inc. v. NRDC shaped the course of administrative law, and his legacy, for decades. But a recent wave of criticism shared by members of the current court threatens to erase a doctrine that has long bolstered federal regulators' sway over corporate America.

  • July 17, 2019

    'Kindness, Humility, Wisdom': Justices Remember Stevens

    A day after retired U.S. Supreme Court Justice John Paul Stevens died at the age of 99, his colleagues paid tribute to the third-longest-serving member of the high court, cherishing his devotion to public service, his kindness and his unwavering commitment to justice.

Expert Analysis

  • Remembering Justice Stevens As A Law Firm Leader

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    Rothschild Barry's John Coffey, who joined Justice John Paul Stevens' law firm in 1965, shares what it was like to watch Justice Stevens practice law, mentor younger lawyers and land a malfunctioning plane.

  • Answers To Key Legal Finance Ethics Questions

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    While there is discussion in some quarters about new regulations on commercial legal finance, the hands-off approach taken by the majority of courts and legislatures is an implicit recognition that it is already sufficiently regulated, says Danielle Cutrona of Burford Capital.

  • Federal Agencies Need A Uniform Record-Keeping Process

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    The administrative record is very important to federal agency litigation — as showcased in last month's U.S. Supreme Court decision concerning the addition of a citizenship question to the 2020 census — yet there is no set of consistent principles to guide agencies in compiling these official records, say attorneys at WilmerHale.

  • The Role Of Dictionaries In Last Term's High Court Decisions

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    Since 32 of the 67 decisions issued by the U.S. Supreme Court during its October term cite dictionaries, it’s worth reviewing the opinions to learn which dictionaries the justices consulted and how they used them, say Bruce Wessel and Brian Weissenberg of Irell & Manella.

  • How To Evaluate The Rise In Legal Employment

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    Although the rate of employment for law school graduates — which had been falling steadily — saw a small increase over the last year, other factors, such as fewer graduates overall and potential future job growth stagnation, temper the good news for those pursuing law degrees, say Tiffane Cochran and Tyler Grimm of AccessLex Institute.

  • Opinion

    The Business Case For Championing Diverse Legal Teams

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    Leveraging the collective strengths of a diverse workforce is not only the right thing to do, it’s a strategic imperative for any successful firm or business, says Louise Pentland, executive vice president and chief business affairs and legal officer of PayPal.

  • Getting AI Tools Litigation-Ready Is Crucial For Finance Cos.

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    Because artificial intelligence tools are becoming ubiquitous in the financial services ecosystem, financial companies will need to be ready for the unique discovery challenges that AI-related litigation will bring, and for plaintiffs attorneys' attempts to exploit such challenges for strategic advantages, say attorneys at Mayer Brown.

  • Mass. Court Reminds Employers Of FMLA Due Diligence

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    The Massachusetts Supreme Judicial Court's recent Family and Medical Leave Act decision in DaPrato v. Massachusetts Water Resources Authority highlights for employers why determining whether an employee has misused FMLA leave may not be as straightforward an analysis as it seems, says Danielle Lederman of Morgan Brown.

  • The Art Of The 'Science And Expert Team' In Mass Torts

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    Science is at the foundation of mass tort lawsuits involving drugs or medical devices. Critical to a virtual law team in these cases, the "science and expert team" does more than get into the weeds of scientific issues and retain experts, say attorneys at FaegreBD, Peabody & Arnold and Shook Hardy.

  • Competing Legal Factors Vex Insurance Arbitration Disputes

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    The Fifth Circuit ruled in May that international arbitration policy trumped state insurance law in McDonnel Group v. Great Lakes Insurance. But the courts have been inconsistent in applying conformity-to-statute clauses, the McCarran-Ferguson Act and a related U.S. treaty in the battle between federal preemption and state reverse preemption, says Gilbert Samberg at Mintz.

  • The Curious Case Of Crypto Valuations

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    Cryptocurrency assets can be hard to value, and none of the valuation methods proposed thus far have been significantly tested in court. To head off possible litigation, companies and investment managers holding crypto assets should be transparent about the valuation methods they use, say Justin Steffen and Michael Perich of Ice Miller.

  • The Supreme Court’s Stealth Revolution In Civil Procedure

    Excerpt from Lexis Practice Advisor
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    Over the last decade, U.S. Supreme Court decisions have created several procedural weapons, including personal jurisdiction, venue forum selection clauses, gatekeeping rules for pleadings, arbitration protections for businesses, and limits on class actions, says Jim Wagstaffe of Wagstaffe von Loewenfeldt.

  • Rethinking The Tech-First Approach To Law Firm Solutions

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    When a lawyer complains about some workflow inefficiency they are having, the knee-jerk reaction of many firms is to look for a technology-based workaround. This overlooks the importance of human psychology and behavior, which may be the root of the problem, says Ryan Steadman of Zero.

  • Role Of Online Reviews In Litigation Hinges On The Analysis

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    The use of online consumer reviews in the courtroom is moving beyond simplistic links between reviews and sales and into more complex issues, such as a consumer's propensity to purchase and reviewer sentiment analysis, says Ashish Pradhan at Cornerstone Research.

  • Top 10 Techniques For Crafting A Dazzling Brief

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    Legal writing often falls flat not because it’s unorganized, but because it’s technically unsound and riddled with gaffes that cheapen and degrade it. Avoiding the most common mistakes will keep judges interested and, most importantly, make them trust you, says Daniel Karon of Karon LLC.