Trials

  • April 03, 2020

    Payments Co. Seeks Retrial Citing Confused Jury

    Software company iControl Systems USA has asked a Florida federal judge to grant a new trial in a trade secrets case against Financial Information Technologies, claiming that its rival only won at trial after its attorneys confused the jury about the nature of a trade secret.

  • April 03, 2020

    Co. Accused Of Infringing Fracking IP Ends Up With $40M Win

    A company accused of infringing a rival's patent for a fracking tool was victorious Friday in its counterclaims after a Texas federal judge entered final judgment of nearly $40 million in damages, saying the rival "acted with wanton and malicious intent."

  • April 03, 2020

    New Trial For Ericsson After Fed. Circ. 'Unravels' FRAND Rate

    Ericsson and Chinese smartphone maker TCL will sort out their dispute over licensing rates for TCL's standard-essential wireless patents at trial, after a California federal judge said the Federal Circuit’s remand of the case “unraveled” his entire judgment.

  • April 03, 2020

    Insurer Told To Defend Builder In Construction Defect Suits

    A South Carolina federal judge on Friday ruled that one of six insurance companies locked in a massive dispute with a general contractor must cover the builder's defense of a pair of construction defect suits alleging a neighborhood subdivision was badly constructed, causing property damage. 

  • April 03, 2020

    Roku Asks For June IP Trial Delay Over Coronavirus Concern

    Roku Inc. asked a Texas federal judge on Thursday to delay a June trial over claims that its devices infringe a patent for media streaming technology, arguing over the plaintiff's objections that almost everyone involved in the case is under a stay-at-home order due to the deadly coronavirus pandemic.

  • April 03, 2020

    9th Circ. Pauses Speedy Trial Rights In Calif. Southern District

    The Judicial Council of the Ninth Circuit has suspended Speedy Trial Act rules in the Southern District of California, extending the deadline requiring criminal trials to occur within 70 days to within 180 days, prompting concerns by attorneys for immigrants who are being detained without bond.

  • April 03, 2020

    Kingston Calls Bid To Triple $7.5M Patent Verdict 'Outlandish'

    Kingston Technology Co. Inc. has told a California federal judge that Pavo Solutions LLC's bid to triple a $7.5 million jury award for infringing a USB patent is based on "outlandish accusations and over-the-top rhetoric," so it should either pay a much smaller amount or escape the verdict altogether.

  • April 03, 2020

    Injured Cheerleader's $2.6M Trial Win Scrapped On Appeal

    A California state appeals court has ordered a new trial on whether a production company is liable for a former college cheerleader's injury during rehearsal for a film about the exploitation of women in cheerleading, tossing the cheerleader's $2.6 million trial win because the jury wasn’t given a crucial instruction.

  • April 03, 2020

    Sbarro Settles Wage Claims As Sex Abuse Suit Heads To Trial

    Pizzeria chain Sbarro has settled several wage claims ahead of trial in a contentious suit filed in Nevada federal court by a former restaurant employee who says she was the victim of repeated sexual abuse while working under a supervisor who actively created a hostile work environment.

  • April 03, 2020

    Motorola Rival Urges Redo In $764M Radio Trade Secret Row

    China-based Hytera told an Illinois federal judge Thursday that if he doesn't totally wipe out a $764 million verdict for Motorola or order a new trial, he should cut Motorola's actual damages to $28 million because a host of errors gave Hytera an unfair shake at trial.

  • April 03, 2020

    Coffee Pod Maker Can't Get Fees Due To 'Weakness' Of Its IP

    Reusable coffee pod maker Eko Brands can't tack on attorney fees to its $649,188 trademark infringement win against a rival coffee pod company, a Washington federal judge has ruled, citing the "relative weakness" of Eko Brand's marks and the fact the company dropped its claim for actual damages midtrial.

  • April 03, 2020

    Financier Facing 27 Years Denied Release Amid COVID Crisis

    An Illinois federal court on Friday denied former investment manager and convicted fraudster Shawn Baldwin’s bid to be released from prison over COVID-19 fears, finding he didn't have a compelling medical reason to enjoy home confinement ahead of his sentencing.

  • April 03, 2020

    3rd Circ. Says COVID-19 Fear Can't Free Ex-Candidate

    A onetime New Jersey city council candidate serving prison time for trying to bribe voters can’t get out of jail because of COVID-19 fears even though he is 68 and has health complications, the Third Circuit ruled Friday, adding that the mere existence of the virus alone doesn't justify release.

  • April 02, 2020

    Iowa Court OKs New Damages Trial Over Fatal Crash

    The Iowa Court of Appeals ruled Wednesday there should be a new trial on damages in a case where a teenage passenger died after the driver ran a stop sign, citing a juror’s apparent independent financial projections.

  • April 02, 2020

    Ill. Justices Keep Doctor's Negligence Win In Birth Injury Suit

    Though an Illinois doctor will face a retrial on claims that she failed to obtain informed consent for a childbirth in which the infant suffered a shoulder injury, the parents won’t be able to get a redo on their negligence claim, the Illinois Supreme Court ruled Thursday.

  • April 02, 2020

    Fla. Judge Preps For Video Trial In Ex-Felon Voting Rights Suit

    A Florida federal judge is planning to press forward in the midst of the coronavirus pandemic with a bench trial in a battle over a requirement that ex-felons pay all fines and fees before being able to vote, despite concerns from the state about the video conference format.

  • April 02, 2020

    Feds Say Legal Fraudster's Cough Isn't Enough To Leave Jail

    Being afraid of contracting the novel coronavirus because of an unsubstantiated “consistent cough” should not be enough to spring a convicted fraudster from a New Jersey jail as he awaits sentencing on charges he and his then-wife defrauded Willkie Farr & Gallagher LLP, Hunton & Williams LLP and MasterCard Inc. in a $7.8 million scheme, prosecutors argued Thursday.

  • April 02, 2020

    Philip Morris Takes Second Shot At $20M Award In 11th Circ.

    Philip Morris USA urged the Eleventh Circuit on Wednesday to toss $20.8 million in punitive damages won nearly six years ago by a since-deceased smoker, arguing that the amount is unconstitutionally high and should be tossed even though the appeals court already affirmed the smoker’s trial win.

  • April 02, 2020

    Renowned Ex-SDNY Judge Duffy Dies Of Apparent COVID-19

    Retired U.S. District Judge Kevin T. Duffy, a “legend” in the Southern District of New York who presided over a number of notable terrorism and mobster cases, passed away Wednesday, reportedly from COVID-19, the disease caused by the novel coronavirus.

  • April 02, 2020

    HP Can Enforce $438M Price-Fix Win Despite Pending Appeal

    A Texas federal court is allowing HP to enforce a $438.7 million judgment against Quanta Storage in an optical disk drive price-fixing case, despite a pending appeal and contentions from Quanta that it's been unable to post bond partly due to complications from the COVID-19 pandemic.

  • April 01, 2020

    Ex-Dolphins Player's 3rd Trial Bid Against Team Doctor Axed

    A Florida appeals court rejected former Miami Dolphins star Otis "O.J." McDuffie's bid for a third trial in a medical malpractice suit accusing an ex-team doctor of causing his career-ending injury, saying Wednesday that the trial judge’s evidentiary decisions were sound.

  • April 01, 2020

    Justice Delayed: Coronavirus Halts Opioid, Cancer Trials

    The novel coronavirus has brought jury trials to a standstill in one of the pandemic’s most immediate blows to the legal sector, including court battles over whether Johnson & Johnson and Bayer products cause cancer and the New York attorney general’s effort to hold drugmakers liable for the opioid crisis. Here’s a look at some of the highly anticipated trials that are on pause.

  • April 01, 2020

    2nd Circ. Told DEA Testimony Dooms Iran Missile Dealing Trial

    A former electrical engineer convicted of trying to sell surface-to-air missiles and military aircraft parts to the Iranian government on Wednesday asked the Second Circuit to vacate his conviction and order a new trial, saying the lower court erred in allowing government agents to comment on the defendant's credibility.

  • April 01, 2020

    Latham Snags Williams & Connolly Litigator In DC

    Latham & Watkins has hired a Williams & Connolly litigation partner with subspecialties in trade secrets, copyright and finance for its Washington, D.C., office.

  • April 01, 2020

    Pfizer Gets Rival's Epinephrine Injection Patent Killed

    Belcher Pharmaceuticals LLC's attempt to hold a Pfizer Inc. unit responsible for patent infringement with its new epinephrine injector Abboject failed this week, when U.S. District Judge Leonard P. Stark instead invalidated the company's patent following a bench trial.

Expert Analysis

  • Benefits Of Pandemic-Prompted Court Extensions Are Limited

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    State and federal courts are canceling proceedings and pushing out deadlines in response to the novel coronavirus pandemic, but the relief is complex and necessarily incomplete in its power to relieve parties from jurisdictional deadlines, says Neil Lloyd at Schiff Hardin.

  • Opinion

    Judicial Shaming Of Attys Is Troubling Even During Pandemic

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    Judges have recently rebuked attorneys for wasting judicial resources to resolve minor issues during the COVID-19 crisis, including in a trademark lawsuit over unicorn drawings. But it is unfair to publicly flog lawyers for doing what they are trained to do, says Ronald Minkoff, chairman of Frankfurt Kurnit's professional responsibility group.

  • Calif. Ruling Guides Employers On Unlimited Vacation Policies

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    The California Court of Appeal’s recent decision that a company owed former employees unpaid vacation benefits in McPherson v. EF Intercultural Foundation reminds employers to ensure that unlimited time off policies cannot be characterized as a ploy to deny employee benefits, say Anthony Oncidi and Cole Lewis at Proskauer.

  • Don't Be Social Media Distancing: LinkedIn Tips For Lawyers

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    While we need to be physically apart at this time, lawyers and firms should be leaning into social media to reinforce and build relationships, and help guide clients through the coronavirus crisis, says marketing consultant Stefanie Marrone.

  • Considerations For Conducting Remote Internal Investigations

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    As COVID-19's effects reverberate throughout the corporate sector, in-house legal departments and their outside counsel will need to develop creative techniques to conduct internal investigations remotely, while ensuring that unanticipated risks do not compromise integrity, say attorneys at Steptoe & Johnson.

  • Led Zeppelin Ruling Is Already Affecting Copyright Litigation

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    The first two decisions applying the Ninth Circuit’s Skidmore v. Led Zeppelin decision indicate that the recent trajectory of music copyright infringement law appears to be changing in favor of defendants, limiting what courts find protectable and what they permit a jury to consider, say attorneys at Proskauer.

  • How COVID-19 Will Affect DOJ’s White Collar Enforcement

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    To help address fraudulent conduct amid a slowing of the U.S. Department of Justice's prosecution and enforcement efforts, the Coronavirus Aid, Relief, and Economic Security Act grants the DOJ some emergency powers, subject to important limitations related to defendants' constitutional rights and public access to hearings, says James Petkun at Klehr Harrison.

  • Opinion

    It Is Time To Make Virtual Trials A Reality

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    The COVID-19 crisis is rapidly teaching us that there is surprisingly little legal work that requires everyone to be in the same room — and that’s equally true for trials and other court proceedings, says Jeffrey Blumenfeld at Lowenstein Sandler.

  • Remote Depositions: Coming To A Home Office Near You

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    Recent Texas state court orders indicate judges are increasingly requiring parties and nonparties to submit to remote depositions amid the pandemic. However, there are inherent drawbacks to such depositions, including limitations on attorneys’ ability to assess witness credibility, says Edward Duffy at Reed Smith.

  • Ways Lawyers Can Support The Most Vulnerable Right Now

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    In this global health and economic crisis, it is essential that lawyers recommit to inclusion, and fight for colleagues, clients, community members and friends who are most at risk, says Dru Levasseur, head of the National LGBT Bar Association's inclusion coaching and consulting program.

  • Calif. Ruling Further Weakens Employee Seating Claims

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    The Los Angeles Superior Court’s recent decision that cashiers' job attributes don’t allow them to sit in LaFace v. Ralphs Grocery should strengthen retailers' defenses against suitable seating claims, and give plaintiffs pause over whether, after their sixth straight loss, they are viable, say attorneys at Paul Hastings.

  • Confronting The Challenges Of Virtual Mediation

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    Conducting mediation via videoconference amid the ongoing pandemic poses significant challenges, including the difficulty of reading people when you are not with them in person. Daniel Garrie at JAMS shares six tips to overcome the limitations.

  • Coronavirus Will Have Lasting Impact On Juror Worldviews

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    Months from now, when making decisions about how to treat corporations, jurors will remember how they are being treated today amid the COVID-19 crisis. While this presents a challenge for many corporations, it also presents something of an opportunity, say Sherry Salmons and Alison Wong at Salmons Consulting.

  • 3 Steps To Building Effective Teams While On Lockdown

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    When your team is working from different locations due to the COVID-19 outbreak, don’t default to just sending emails. Collaboration is much easier when team members are also communicating in real time over the phone or through videoconferences, say William Oxley and Meghan Rohling Kelly at BakerHostetler.

  • Opinion

    Pa. Asbestos Ruling Ignores Science And Hurts Defendants

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    The Supreme Court of Pennsylvania's recent decision in Roverano v. John Crane Inc., holding that asbestos diseases are incapable of apportionment, is unfortunate for defendants, as it disregards numerous scientific studies and the role of juries in asbestos cases, say Gregory McNamee and Erin Miter Scanlon at Goldberg Segalla.

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