Trials

  • September 24, 2021

    Jury Hears USC Coach Never Heard Of 'Varsity Blues' Recruit

    A former assistant coach for the University of Southern California's women's basketball team told a Boston jury Friday she never heard of a purported recruit who prosecutors say got into the school as part of the "Varsity Blues" admissions scheme.

  • September 24, 2021

    Tesla Can't Exclude Juror Based On Race, Judge Rules

    A California federal judge sustained a Batson challenge during jury selection Friday raised by counsel for a Black ex-Tesla worker claiming that the electric vehicle company's Northern California factory was a hotbed of racial discrimination against African Americans reminiscent of the Jim Crow era.

  • September 24, 2021

    Theranos Execs Put PR Over Patients, Ex-Lab Chief Testifies

    A former Theranos laboratory director testified in ex-CEO Elizabeth Holmes' criminal trial Friday that he resigned after company executives insisted on rolling out blood-testing devices riddled with technical problems that caused serious inaccuracies, saying management "believed more about PR and funding than about patient care."

  • September 24, 2021

    At Fed. Circ., Fintiv Fights To Keep Apple Trial In Waco

    The software company Fintiv shot back against Apple's attempts to keep its jury showdown in a patent dispute in an Austin courthouse that's currently holding few trials because of the COVID-19 pandemic.

  • September 24, 2021

    House Panel Urges DC Circ. To OK Full Trump Subpoena

    A congressional committee urged the D.C. Circuit to allow for full enforcement of the committee's subpoena seeking financial records from former President Donald Trump's accounting firm, saying a lower court wrongly circumscribed the request because of unsupported separation-of-powers concerns.

  • September 24, 2021

    Del. Jury Says Comcast App Infringes 1 Of Tech Co.'s Patents

    A federal Delaware jury issued a verdict finding Comcast's Xfinity brand app indirectly infringes a small technology company's patent for a way of turning a remote control into a customer service "concierge device," but cleared Comcast of claims of infringing a related patent.

  • September 24, 2021

    Marketing Exec Wants High Court To Review FCA Judgment

    A health care marketing consultant wants the U.S. Supreme Court to review a Fourth Circuit decision backing an order that he and two others collectively had to pay about $114 million in a False Claims Act case.

  • September 24, 2021

    Cruise Co. Sails To Victory In Ship Breakdown Class Action

    Passengers who sued a tour company after a broken-down ship halted their European river cruise lost the remaining claim in their class action Friday, with a Boston federal judge dinging the vacationers for failing to give clear notice of their claims prior to filing suit.

  • September 24, 2021

    Texas Justices Won't Hear Bid To Undo $3.3M Drilling Verdict

    The Texas Supreme Court on Friday declined to hear a bid by Crimson Exploration Operating Co. to undo a $3.38 million jury verdict against it in a dispute with BPX Operating Co. over an oil and gas well that was never completed.

  • September 24, 2021

    Calif. Jury Awards $5M In Landmark Cannabis Antitrust Case

    A California jury Thursday awarded $5 million in damages to a marijuana company that said it was prevented from opening in Richmond by a rival group of dispensaries looking to control the local cannabis market, in what the plaintiff's attorneys characterized as the first cannabis-related antitrust case.

  • September 24, 2021

    SC Jury Awards $32M In Kraft Heinz Asbestos Death Suit

    A South Carolina jury has hit Kraft Heinz Co. and Metal Masters Inc. with a $32 million verdict in a suit by a worker who alleges that his wife died of mesothelioma as a result of asbestos exposure through his work at a facility Kraft Heinz owned in the state.

  • September 24, 2021

    Philadelphia Jury Clears J&J In Talc Cancer Case

    The first case in Philadelphia over alleged health risks associated with Johnson & Johnson's signature talcum powder came to an end Friday as a state jury cleared the company of claims that its product contributed to a woman's ovarian cancer diagnosis.

  • September 23, 2021

    Fed. Circ. 'Trap' Strips Right To Jury Trial, High Court Told

    Federal Circuit precedent on claim construction has created a "well-recognized trap" that improperly lets the appeals court "usurp" the jury's role and must be discarded, a winch-maker that lost a $1.8 million infringement verdict under the rule has told the U.S. Supreme Court.

  • September 23, 2021

    Acceleron Wins $2.1M Jury Verdict In Patent Suit Against Dell

    A Northern District of Georgia jury awarded Acceleron LLC $2.1 million after finding that Dell Inc. infringed a blade server patent, according to a judgment entered Thursday in Georgia federal court.

  • September 23, 2021

    Pa. Justice Casts Appeal As Bid To Limit Med Mal Theories

    A Pennsylvania Supreme Court justice suggested during oral arguments Thursday that an anesthesiologist was using his bid to reinstate a defense verdict in a medical negligence case as a way to upend long-standing case law allowing patients alleging malpractice to present multiple theories of liability to juries.

  • September 23, 2021

    Mich. Doctor Convicted In $100M Injections-For-Pills Scheme

    A Detroit federal jury has convicted a doctor for his involvement in what prosecutors said was a $100 million fraud scheme involving billing for spine surgeries in exchange for opioid prescriptions.

  • September 23, 2021

    Calif. Panel Preserves Doc's Win In Fatal Plastic Surgery Suit

    A California state appeals court has affirmed a jury's decision to clear a cosmetic surgeon and his clinic of liability in a suit accusing him of negligence in connection with a patient who died days after a tummy tuck operation, finding the trial judge did not abuse his discretion when forbidding nursing staff testimony.

  • September 23, 2021

    IP Forecast: Taylor Swift Seeks To Shake Off Copyright Case

    Taylor Swift's lawyers will argue next week in a California federal court that lyrics from her 2014 hit "Shake It Off" about "players" and "haters" are well within the public domain and don't rip off an R&B song from 2001. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • September 23, 2021

    'Varsity Blues' Kids' Choice Of Sport Didn't Matter, Jury Hears

    A hedge fund founder accused of bribing his daughters' way into top schools as fake athletic recruits was told by the mastermind of the "Varsity Blues" scheme that one child's choice of sport "doesn't matter" and said the other could be a sailor even though she "hates sailing," jurors heard Thursday.

  • September 23, 2021

    Insurer Says No-Show In $66M Crash Trial Negates Coverage

    An insurer has asked a Georgia federal court to declare that it doesn't have to cover a $66.5 million verdict entered against a former U.S. Army soldier after a fatal drunken driving wreck because he didn't show up for the trial.

  • September 23, 2021

    NDTX's Acting US Atty To Leave For Private Practice

    The acting U.S. attorney for the Northern District of Texas has said he will step down effective Oct. 1 to enter private practice after nearly nine months at the district's helm. 

  • September 23, 2021

    Insurer Wants 3M To Pay Up For Warming Device Defense

    3M should pay separate deductibles for each surgery involved in multidistrict litigation over its surgical warming device, a Chubb unit told a Minnesota federal court Wednesday.

  • September 22, 2021

    Jury Hits Toyo Tire With $110M Verdict In Dispute With Rival

    An Illinois federal jury awarded Atturo Tire Corp. $10 million in compensatory damages and $100 million in punitive damages Wednesday, finding rival Toyo Tire Corp. liable for defamation, unfair competition, unjust enrichment, deceptive trade practices and tortious interference with Atturo's contracts.

  • September 22, 2021

    Fla. Appeals Court Reverses $10.5M Smoker's Award

    A Florida appeals court Wednesday reversed a $10.5 million jury award to a former Marine who lost his larynx after getting smoking-related cancer, ruling that the smoker's claims against Philip Morris are barred by Florida's statute of repose for fraud.

  • September 22, 2021

    Fed. Circ. Upholds Ax Of Densify's $236M Patent Verdict

    The Federal Circuit on Wednesday rejected a bid by cloud infrastructure company Densify to revive a jury's $236 million patent infringement verdict against VMware, siding with the lower court that Densify lacked standing to sue.

Expert Analysis

  • What Plaintiffs Can Do If J&J Succeeds In Bankruptcy Strategy

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    If Johnson & Johnson is successful in its proposed divisive merger — a company split where all liabilities are shifted to a new company that files for bankruptcy — J&J tort plaintiffs will need to stick together to use the Bankruptcy Code's tools, including its voting mechanisms, to exert leverage on the debtor company, says Edward Neiger at Ask.

  • 3 Attorney Ethics Considerations For Litigation Funding

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    The growth of the litigation finance industry has generated questions on the obligations of counsel when their clients are seeking outside capital to fund litigation, which litigators must understand when providing information to a third-party funder and discussing legal strategy with a client, says Matthew Oxman at LexShares.

  • Opinion

    Ruling Rightly Sends COVID Biz Interruption Question To Jury

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    After a string of insurer coronavirus coverage wins on dispositive motions, a Missouri federal court's ruling this week in favor of the policyholder in K.C. Hopps v. Cincinnati Insurance places the decision-making responsibility about the facts and science in COVID-19 business interruption cases back where it belongs — with a jury, say attorneys at Pillsbury.

  • How ABA Opinion Shifts Alternative Biz Structure Landscape

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    A recent American Bar Association opinion approving lawyers' passive investment in nonlawyer-owned firms eliminates a hurdle for law firms wishing to scale their practice through alternative business structures, but aspiring investors should follow a few best practices, say Hilary Gerzhoy and Deepika Ravi at Harris Wiltshire.

  • Fed. Circ. Micron IP Ruling Raises Damages Disclosure Bar

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    The Federal Circuit's recent decision in MLC v. Micron, upholding the exclusion of expert testimony on patent damages evidence, may heighten initial discovery burdens, underscoring the importance of providing proper disclosure of damages-related information and positions prior to expert discovery, say Joel Wacek and Brynna Smith at Hoffman Alvary.

  • Series

    Embracing ESG: HPE Counsel Talk Effective Board Oversight

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    Governance teams can more effectively shape board oversight of environmental, social and governance issues by ensuring organizationwide agreement on the most relevant issues, building a materiality framework that reflects stakeholder input, and monitoring the integration of ESG into operations, say Rishi Varma and Derek Windham at Hewlett Packard Enterprise.

  • Opinion

    Justice Gap Demands Look At New Legal Service Models

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    Current restrictions on how lawyers structure their businesses stand in the way of meaningful access to justice for many Americans, so states should follow the lead of Utah and Florida and test out innovative law firm business models through regulatory sandboxes, says Zachariah DeMeola at the Institute for the Advancement of the American Legal System.

  • Series

    Embracing ESG: Leidos GC Talks Social Responsibility

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    Recent criticisms of corporate commitments to stakeholders such as employees and communities — implicitly opposing environmental, social and governance initiatives — are fundamentally flawed and display a serious misunderstanding of contemporary investor priorities and dynamics, says Jerald Howe at Leidos.

  • Lessons In Crisis Lawyering 20 Years After 9/11

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    Dianne Phillips at Holland & Knight recounts her experiences as in-house counsel at a liquefied natural gas company in the tumultuous aftermath of Sept. 11, 2001, and details the lessons she learned about lawyering in a crisis, including the importance of careful forethought and having trusted advisers on speed dial.

  • Why Structured Data Is Increasingly Important To Your Case

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    During discovery, legal teams often overlook structured data — the rows of information found in financial ledgers and similar corporate systems — and consider it secondary to emails and other anecdotal evidence, but this common mistake could mean litigators are missing key elements of a dispute, say consultants at Alvarez & Marsal.

  • Series

    Embracing ESG: AIG Counsel Talks SEC Risk Alert

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    As the U.S. Securities and Exchange Commission responds to the changing landscape on environmental, social and corporate governance investing, including with its recent risk alert, it is imperative that the regulator take a measured approach, says Kate Fuentes at AIG.

  • Fed. Circ. Teva Ruling May Shake Up Skinny Label Strategies

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    The Federal Circuit's recent revival of a verdict against Teva for inducing patent infringement of GlaxoSmithKline's drug Coreg, even though the generic was launched with a skinny label carving out the infringing method, appears likely to change how manufacturers think about approaches to skinny labels, say attorneys at Cooley.

  • What The Judiciary's Font Recommendations Can Teach Us

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    The D.C. Circuit's recent soft prohibition on Garamond and the ensuing debates about courts' font preferences should serve as a helpful reminder of a larger point — every departure from convention in legal writing carries some level of risk, says Spencer Short at Stradley Ronon.

  • How Court Ruling, DOE Guidance Change DeVos' Title IX Rule

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    A Massachusetts federal court's recent ruling in Victim Rights Law Center v. Miguel Cardona, striking down a controversial provision of the Trump administration's Title IX regulations, and subsequent Department of Education guidance will have a significant, immediate impact on Title IX investigations at higher education institutions nationwide, say attorneys at Hunton.

  • High Court TransUnion Ruling May Enhance PTAB Autonomy

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    The U.S. Supreme Court's recent decision in TransUnion v. Ramirez, raising the bar on requirements for Article III standing, may bolster the Patent Trial and Appeal Board's autonomy because courts can now hold that denial of inter partes review does not constitute a concrete injury, says Gwendolyn Tawresey at Troutman Pepper.

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