Trials

  • January 24, 2020

    Clock Has Run Out For Hair-Loss Patients In Chemo MDL

    A Louisiana federal judge has refused to revive suits of two women who claim drugmaker Sanofi-Aventis didn't inform them that their chemo drug could cause permanent hair loss, saying there was no error in finding that their cases were filed years too late under Louisiana law.

  • January 24, 2020

    Roundup Deal Talks Stop St. Louis Trial Before It Starts

    A Missouri state court trial over allegations Monsanto’s weedkiller Roundup causes non-Hodgkin’s lymphoma was put on hold hours after it was set to begin in St. Louis Friday, as the company sought to buy some time to resolve thousands of similar claims in federal court.

  • January 24, 2020

    BREAKING: VMWare Hit With $235M Verdict For Willful Infringement

    A Delaware federal jury on Friday hit VMWare Inc. with a roughly $235 million verdict after finding the tech giant willfully infringed on two of smaller rival Cirba Inc.'s patents related to virtualization technology.

  • January 23, 2020

    'Sopranos' Star Says Weinstein Raped Her

    Actress Annabella Sciorra shared her vivid allegations of rape and manipulation at the hands of Harvey Weinstein with a New York state jury Thursday as the first of several witnesses who will claim at trial that the Hollywood titan violently sexually assaulted them.

  • January 23, 2020

    Breaking Down Michael Avenatti's Nike Extortion Trial

    Once plastered all over cable news screens, Michael Avenatti will soon be making his first of several planned appearances before a different audience: federal jurors. The embattled attorney and former Trump sparring partner will be facing an uphill battle next week in New York as he fights charges that he tried to extort millions of dollars from Nike.

  • January 23, 2020

    4 Takeaways From Roundup Jury Selection In St. Louis

    Monsanto and the four people alleging its Roundup weedkiller gave them cancer seated 16 jurors Wednesday. They'll hear the first trial outside California, where the agricultural giant has lost three verdicts. Law360 looks into what can be gleaned from two days of voir dire.

  • January 23, 2020

    Assertio Blasts Rival's Bid To Shorten Nucynta Injunction

    Alkem Laboratories shouldn’t be allowed to sell a generic version of Assertio Therapeutics’ opioid painkiller Nucynta ER three years earlier than an injunction allows after changing its drug's label to dodge a patent, Assertio has told a New Jersey federal court.

  • January 23, 2020

    VMware Calls Cirba's $235M IP Damages Bid 'Unreasonable'

    Tech giant VMware told a Delaware federal jury Thursday that Cirba's claims it should get roughly $235 million in damages for alleged infringement of two of its patents is "unreasonable" and asserted Cirba's case is "a fabrication" fueled by pressure from unhappy investors.

  • January 23, 2020

    Ground Rules For Live-Video Testimony Spelled Out In NJ

    A New Jersey state appeals court on Thursday said judges should consider the substance of witness testimony, among other factors, in deciding whether someone can testify via live video at a civil trial, ending at least eight years of uncertainty about the parameters of testimony permitted by the state Supreme Court but unaddressed in state court rules.

  • January 23, 2020

    Shipper Faces New Trial Over Damaged Pipe Delivery

    A new trial is required after a court improperly limited a Texas shipping company's liability in a $400,000 dispute with Zurich American Insurance Co. over a shipment of damaged pipe, a Texas appeals court held Thursday.

  • January 23, 2020

    Insys Founder John Kapoor Gets 5½ Years

    Insys Therapeutics Inc. founder John Kapoor was sentenced to more than five years behind bars Thursday as victims decried him as a “mobster” and “murderer” who devastated countless families by bribing doctors to prescribe a powerful opioid spray.

  • January 23, 2020

    MLB Hall Of Famer Keeps Win In Biker's Injury Suit

    An Arizona appeals court on Thursday handed a win to Major League Baseball Hall of Famer Tony La Russa in a suit alleging he was negligent for keeping a cable fence on his property that injured a bicycle rider, finding that the trial court was correct in determining the rider was trespassing on his land.

  • January 23, 2020

    Texas Court Changes Course To OK Permian Lease Fight Win

    A Texas appellate court on Thursday determined Pathfinder Oil & Gas Inc. is entitled to a 25% working interest in a group of Permian Basin leases, after the Texas Supreme Court held the court had wrongly wiped out a verdict for Pathfinder.

  • January 23, 2020

    Tiffany's $21M Win Over Costco On Thin Ice In 2nd Circ.

    The Second Circuit looked ready Thursday to undo Tiffany & Co.'s $21 million victory over Costco Wholesale Corp. in a trademark fight over diamond rings, with three appellate judges suggesting a jury was deprived of its chance to decide if the retailer willfully traded on the jeweler's name.

  • January 23, 2020

    Roofing Co. Escapes Former Worker's $3.2M Asbestos Verdict

    An Illinois state appellate panel has reversed a family's $3.2 million asbestos trial win and ordered judgment in favor of roofing material maker Tremco Inc., saying the family didn't prove the company's products substantially factored into a former employee's fatal cancer.

  • January 23, 2020

    IBM Presses Insurer CEO Over £130M IT Problem Claims

    IBM hammered away Thursday at the chief executive of a British insurer suing for £130 million ($170 million), calling for any evidence that the tech giant failed to report substantial problems with a technology system it was hired to build.

  • January 23, 2020

    Insys VP Who Dressed As Dancing Opioid Gets 2 Years

    Former Insys Therapeutics Inc. Vice President Alec Burlakoff, infamous for dressing as an anthropomorphic bottle of fentanyl spray and rapping about titration in a sales video, was sentenced Thursday to 26 months in prison for his role in a conspiracy to bribe doctors to prescribe opioids.

  • January 22, 2020

    Ex-Jawbone Worker Stole IP Before Joining Fitbit, Jury Told

    Prosecutors told a California federal jury during openings of a trade secret trial Wednesday that Jawbone's ex-consumer experience director stole studies that were its "crown jewels" before taking a job at rival Fitbit, while her attorney argued she simply forgot she'd backed up the data onto her personal "cloud" account.

  • January 22, 2020

    Boutique Firm Wilkinson Walsh Loses 2 Founding Partners

    A name partner and a founding partner of litigation boutique Wilkinson Walsh & Eskovitz have left the firm, resulting in a name change, a spokesman confirmed Wednesday.

  • January 22, 2020

    Feds Can't Keep Trump, Porn Star Out Of Avenatti Nike Trial

    A New York federal judge on Wednesday refused to bar the mention of adult film actress Stormy Daniels' hush money dispute with President Donald Trump from the trial of embattled celebrity attorney Michael Avenatti over an alleged plot to extort millions of dollars from Nike Inc., and ordered the proceeding to commence on Monday.

  • January 22, 2020

    BNSF Conductor's $3.1M Injury Award Wiped Out Once Again

    A Kansas appeals court has again voided a $3.1 million verdict against BNSF Railway Co. for a conductor’s slow-developing back injury, saying the worker’s counsel made an improper closing argument intended to “inflame the passions of the jury” and that warranted a retrial.

  • January 22, 2020

    Weinstein 'A Monster' Or 'Innocent' In Rape Trial Openings

    Counsel for Harvey Weinstein and the Manhattan district attorney on Wednesday told a New York state jury starkly different stories — one of sexual predation and the other of transactional sex — in describing the fallen mogul’s relationships with six women during opening statements in his rape trial.

  • January 22, 2020

    Walmart Asks 9th Circ. To Rethink Truckers' $55M Wage Win

    Wal-Mart Stores Inc. asked the Ninth Circuit on Tuesday to take another look at a panel decision from earlier this month that affirmed a $54.6 million jury win for truckers who said the retailer violated California law by not paying minimum wage for breaks and other work interruptions.

  • January 22, 2020

    Bristol-Myers Wants $1.5B From Gilead After Cancer IP Trial

    A Bristol-Myers Squibb subsidiary and Memorial Sloan Kettering Cancer Center have asked a California federal judge to more than double a jury's $752 million patent infringement verdict against a Gilead unit for its cancer treatment Yescarta, saying the company must be punished for its "undisputed willfulness."

  • January 22, 2020

    7th Circ. Mulls Restoring $3M Verdict For Reed Smith Widow

    The widow of a Reed Smith partner asked the Seventh Circuit on Wednesday to restore her $3 million verdict against GlaxoSmithKline, but judges on the panel were skeptical the lower court abused its discretion when it decided a U.S. Supreme Court ruling didn't warrant a second look at her case.

Expert Analysis

  • ABA Rules For Departing Attys Set Unprecedented Limits

    Author Photo

    Groundbreaking rules from the American Bar Association impose new standards on how law firms can govern departing lawyers’ contact with clients, placing major restrictions on this ubiquitous practice, say Amy Richardson and Hilary Gerzhoy at Harris Wiltshire.

  • Nissan Ex-CEO Illustrates Do's And Don'ts Of Image Repair

    Author Photo

    Lawyers can draw a number of useful lessons about reputation management from the efforts of former Nissan executive Carlos Ghosn — who recently escaped house arrest in Tokyo — to restore his sullied reputation, says Elizabeth Ortega at ECO Strategic Communications.

  • 3 Concerns If Your Witness Becomes Flippant At Deposition

    Author Photo

    In light of a recent Delaware Supreme Court case in which a litigator was rebuked for failing to control his evasive witness during a deposition, attorneys should consider when they may be held responsible for client misconduct and what to do if a client crosses the line, says Philip Sechler of Robbins Russell.

  • Litigating FRAND Rates After Fed. Circ. Ericsson Decision

    Author Photo

    After the Federal Circuit’s recent ruling in TCL v. Ericsson, which puts juries at the helm of calculating FRAND damages for standard-essential patents, litigators should focus on preparing a simplified and emotionally persuasive story and garnering the evidentiary support necessary for a favorable appeal, says Larry Sandell of Mei & Mark.

  • How Associate Life Has Evolved Over The Past Decade

    Author Photo

    During the last 10 years, the need to embrace change was fundamental for law firms, and that change affected associates in many ways — most, but not all, for the better, says Brad Kaufman, co-president of Greenberg Traurig.

  • 2nd Circ. Ruling Could Lower Bar For Insider Trading Charges

    Author Photo

    ​​​​​​​The Second Circuit’s recent decision in U.S. v. Blaszczak potentially makes it easier to prosecute insider trading cases by ruling the government doesn't need to prove an insider received any personal benefit in exchange for sharing material, nonpublic information, say attorneys at Goodwin.

  • Why Reformers Want Disclosure Of 3rd-Party MDL Funding

    Author Photo

    With third-party litigation funding increasingly being used to finance large and prolonged multidistrict litigations, more disclosure of funding agreements may be warranted to address potential biases and distortions of control and decision-making, say attorneys at Duane Morris.

  • Series

    Judging A Book: Dyk Reviews 'Democracy And Equality'

    Author Photo

    In their new book "Democracy and Equality: The Enduring Constitutional Vision of the Warren Court," Geoffrey Stone and David Strauss provide valuable context for U.S. Supreme Court decisions under Chief Justice Earl Warren that have profoundly affected the country, but their overly protective attitude sometimes obscures reality, says Federal Circuit Judge Timothy Dyk.

  • Rodeo Ruling Clarifies Atty Conflict Rules In Derivative Suits

    Author Photo

    While the Texas Supreme Court's recent decision not to disqualify Kelly Hart & Hallman's representation of owners of the Billy Bob's Texas rodeo in a dispute over control of the business is noteworthy, its clarification on firms' conflicts of interest in derivative cases is the more important point, says former Texas Court of Appeals Justice Douglas Lang, of Dorsey & Whitney.

  • 7 Insider Tips For Working With In-House Counsel

    Author Photo

    For outside firms wondering how to best support busy in-house lawyers, several practices can help navigate critical legal issues and novel business challenges while strengthening the working relationship, says Virginia Hudson, associate general counsel at Capital One.

  • 50 Years Later, Interpretive Challenges Remain For RICO

    Author Photo

    In the 50 years since the Racketeer Influenced and Corrupt Organizations Act was passed, courts' attempts to clarify the statute have had some success, but many interpretive dilemmas remain unresolved, says Randy Gordon of Barnes & Thornburg.

  • 7 Ethics Tips For Lawyers' Pretrial Social Media Use

    Author Photo

    As ethical constraints on pretrial social media use evolve, the American Bar Association's Model Rules and several court opinions provide guidance on avoiding violations when collecting evidence, researching jurors and friending judges, say Hilary Gerzhoy and Mark Davis at Harris Wiltshire.

  • Opinion

    States Should Not Follow ABA On Attorney Conduct Rules

    Author Photo

    Because the American Bar Association's new rule on diversity continues to use the Model Rules of Professional Conduct as a cultural bludgeon, states should create independent codes limited to constitutionally valid purposes of attorney regulation, says Bradley Abramson of Alliance Defending Freedom.

  • How Courts And Litigants Can Benefit From Special Masters

    Author Photo

    As we approach the first anniversary of the American Bar Association's adoption of guidelines for the appointment and use of special masters in civil litigation, retired U.S. District Judge Shira Scheindlin, now at Stroock, explains how special masters can help parties and courts with faster decision-making and subject matter expertise.

  • Uber Policy Calls For Refresher On ABA Confidentiality Rules

    Author Photo

    Uber's recent policy update allowing drivers to audio-record passenger rides is a reminder for lawyers to observe the highest standard of care in protecting client information under the American Bar Association's confidentiality model rule, says Paul Boehm at Williams & Connolly.