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Trials
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September 26, 2024
Tornado Cash Developer Must Face Criminal Case
The founder of cryptocurrency mixing service Tornado Cash can't escape charges he conspired to launder money and violate sanctions, after a Manhattan federal judge ruled in an oral opinion Thursday that his "narrative" of being prosecuted over writing computer code should be put before a jury.
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September 26, 2024
Seattle Firm Seeks $143M In Tunnel Machine Insurance Trial
A Seattle construction contractor told a Washington state jury on Wednesday its insurers owe $143 million for repairs to a massive tunneling machine that sustained "catastrophic damage" when it struck a steel pipe underground in 2013, urging jurors to reject the defense that the claim fell under a "machinery breakdown" exclusion.
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September 26, 2024
Full Fed. Circ. Looks To Clarify Damages In Google Case
The full Federal Circuit has agreed to review EcoFactor's $20 million infringement award against Google, a move that attorneys say should provide much-needed guidance for both judges and parties when calculating damages.
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September 26, 2024
New UFC Settlement Separates Cases, Ups Payout To $375M
The UFC and its fighters have reached a revised settlement that upsizes the payout to $375 million, resolving a portion of their long dispute over wages and leaving claims from a similar class action unresolved, the organization said Thursday.
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September 26, 2024
Smartmatic, Newsmax Settle Defamation Suit In Delaware
Voting technology company Smartmatic USA Corp. and Newsmax Media Inc. have settled a post-2020 presidential election defamation suit slated to go to trial in Delaware's Superior Court on Monday.
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September 26, 2024
Jailed 'Rust' Armorer Accuses Prosecutor Of 'Lying, Cheating'
Prosecutorial misconduct that tanked the "Rust" shooting case against actor Alec Baldwin should also unravel the involuntary manslaughter conviction of the Western film's armorer, her lawyer told a New Mexico state judge during a hearing Thursday.
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September 26, 2024
Conn. Jury Finds Oil Trader Guilty In Petrobras Bribery Scheme
A Connecticut federal jury convicted a former oil trader on charges that he sent millions in bribes through an intermediary to officials at Brazilian state oil giant Petroleo Brasileiro, capping a three-week trial on Thursday.
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September 26, 2024
NY Appeals Court Casts Doubt On $489M Trump Judgment
Judges on a New York state appeals court expressed skepticism Thursday of a $489 million civil fraud judgment against Donald Trump, his sons, companies and their executives, raising the prospect that the fine awarded to the attorney general could be reduced or vacated.
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September 26, 2024
Ex-NBA Star Tells Jury He Was Duped By Ga. Businessman
Former NBA superstar Dwight Howard told a Manhattan federal jury Thursday that an Atlanta businessman tricked him into making a $7 million investment that he thought was for the purchase of a women's basketball franchise, a promise that turned out to be "a slap in the face."
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September 25, 2024
11th Circ. Reverses DOJ Defeat In $400M Kickback Case
The Eleventh Circuit on Wednesday held that a lower court should've admitted prosecutors' evidence of alleged co-conspirators in a $400 million health insurance fraud case, finding that an exclusion to the hearsay rule was misapplied by the district court in the closely watched Anti-Kickback Statute litigation.
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September 25, 2024
Ex-Cognizant Worker Says Co. 'Mandate' Was To Hire Indians
A former employee at Cognizant Technology testified Wednesday as a witness for a class of former employees alleging the company discriminates against non-Indian workers, and said he believes the company did not just have a preference for hiring workers from India through the H-1B visa program, but that it was "a mandate."
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September 25, 2024
Google 'Less Expensive' Than Ad Tech Rivals, Economist Says
A Yale economist told a Virginia federal judge Wednesday that the Justice Department's estimates of how much Google allegedly bilked website publishers using its online advertising placement technology don't add up.
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September 25, 2024
Feds Urge Judge Not To Ax Novel Insider Trading Conviction
Prosecutors have hit back at former Ontrak CEO Terren Peizer's bid to ax his first-of-its-kind insider trading conviction and score a new trial, telling a California federal judge that the jury had all the information it needed to find Peizer guilty in June.
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September 25, 2024
Split Panel Won't Ax $10M Award For Tennis Coach Sex Abuse
A split California appellate panel has affirmed a $10 million jury verdict in a suit seeking to hold a school district liable for the sexual abuse of a student by a tennis coach, saying the trial court did not err by allowing evidence of the coach's conduct with other students.
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September 25, 2024
Albright Bumps Up Amazon Patent Loss To $136M
Amazon now owes a small advertising software outfit a total of $136 million after losing a jury trial in June in Waco, Texas, in a lawsuit over patents that purportedly made it more efficient to place bids on the same pieces of ad space.
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September 25, 2024
Suit Over Fla. Law Restricting Foreign Land Buys Paused
A Florida federal judge on Wednesday paused a challenge to a Florida law that restricts land purchases of Chinese citizens and others, saying it was prudent to wait to see what the Eleventh Circuit does with a similar challenge that has already been argued before the appeals court.
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September 25, 2024
Feds Say 'Wall Of Evidence' Supports Petrobras Bribery Case
A Connecticut oil trader violated the Foreign Corrupt Practices Act by sending millions in bribes to officials at Brazilian state oil giant Petrobras through a shady intermediary, federal prosecutors told a jury during closing arguments Wednesday, arguing that a "wall of evidence" points to the defendant's intent.
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September 25, 2024
Read Tells Mass. Justices Verdict Slip Not Needed To Acquit
Lawyers for Karen Read, the Massachusetts woman whose high-profile murder case garnered national attention before it ended in a mistrial, told the state's highest court that a retrial is barred by double jeopardy because some jurors revealed afterward that the panel had agreed to acquit — even if no formal verdict was announced.
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September 25, 2024
Lin Wood's Former Partners Rip 'Outright Lies' Over Assets
A Georgia federal judge sided with former law partners of retired attorney L. Lin Wood, urging Wood to testify next week after being accused of concealing a $4 million asset and claiming in "outright lies" that he couldn't post a more than $4.7 million bond as he appeals a $3.75 million defamation verdict against him.
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September 25, 2024
Calif. Judge Says Fluoride In Water Risks Lowering Kids' IQ
A California federal judge on Tuesday agreed with green groups that the U.S. Environmental Protection Agency's current "optimal" level of fluoride in drinking water poses an unreasonable risk of lowering children's IQ and directed the EPA to act.
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September 25, 2024
Philly-Area Atty Convicted In Bankruptcy Fraud Case
A suspended attorney in the Philadelphia suburbs is one of two men who were recently convicted by a federal jury of participating in fraudulent schemes that involved stealing a house from a deceased couple's family.
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September 25, 2024
Ex-American Airlines Pilot Cleared In Sex Assault Trial
A California federal jury on Wednesday cleared a former American Airlines pilot of liability in a civil lawsuit alleging he sexually assaulted two flight attendants at a hotel during a round-trip journey between Los Angeles and São Paulo, Brazil.
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September 25, 2024
Full Fed. Circ. To Tackle Patent Damages In $20M Google Case
The full Federal Circuit said Wednesday it will review a panel's holding that Google must pay EcoFactor $20 million for infringing a smart thermostat patent, after the tech giant said the court has allowed patent owners to "manufacture a royalty rate."
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September 24, 2024
Adult Actresses' Blacklist Suit Against Meta Nixed Before Trial
A California federal judge has dismissed a case claiming Meta conspired with OnlyFans and blacklisted adult entertainers who used competitors' risque platforms weeks before its October trial date, saying he had "no choice" and did so despite the social media giant's "questionable recordkeeping."
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September 24, 2024
Verizon Foe Defends $847M Patent Win In EDTX
A Dallas patent business said on Tuesday it doesn't think the $847 million verdict it scored in Texas federal court in Marshall against a pair of telecom giants in June is too much.
Expert Analysis
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Calif. High Court Ruling Has Lessons For Waiving Jury Trials
The California Supreme Court’s recent decision in TriCoast Builders v. Fonnegra, denying relief to a contractor that had waived its right to a jury trial, shows that litigants should always post jury fees as soon as possible, and seek writ review if the court denies relief from a waiver, say Steven Fleischman and Nicolas Sonnenburg at Horvitz & Levy.
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Opinion
DOJ Press Office Is Not Fulfilling Its Stated Mission
The U.S. Department of Justice Office of Public Affairs’ apparent practice of issuing press releases when someone is indicted or convicted, but not when a defendant prevails, undermines its stated mission to disseminate “current, complete and accurate” information, and has negative real-world ramifications, says Sara Kropf at Kropf Moseley.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Securing A Common Understanding Of Language Used At Trial
Witness examinations in the Georgia election interference case against former President Donald Trump illustrate the importance of building a common understanding of words and phrases and examples as a fact-finding tool at trial, says Reuben Guttman at Guttman Buschner.
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Opinion
Judicial Independence Is Imperative This Election Year
As the next election nears, the judges involved in the upcoming trials against former President Donald Trump increasingly face political pressures and threats of violence — revealing the urgent need to safeguard judicial independence and uphold the rule of law, says Benes Aldana at the National Judicial College.
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Series
Riding My Peloton Bike Makes Me A Better Lawyer
Using the Peloton platform for cycling, running, rowing and more taught me that fostering a mind-body connection will not only benefit you physically and emotionally, but also inspire stamina, focus, discipline and empathy in your legal career, says Christopher Ward at Polsinelli.
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NY Bond, Enforcement Options As Trump Judgment Looms
In light of former President Donald Trump's court filing this week indicating that he can't secure a bond for the New York attorney general's nearly $465 million judgment against him, Neil Pedersen of Pedersen & Sons Surety Bond Agency and Adam Pollock of Pollock Cohen explore New York state judgment enforcement options and the mechanics of securing and collateralizing an appellate bond.
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Spartan Arbitration Tactics Against Well-Funded Opponents
Like the ancient Spartans who held off a numerically superior Persian army at the Battle of Thermopylae, trial attorneys and clients faced with arbitration against an opponent with a bigger war chest can take a strategic approach to create a pass to victory, say Kostas Katsiris and Benjamin Argyle at Venable.
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3 Litigation Strategies To Combat 'Safetyism'
Amid the rise of safetyism — the idea that every person should be free from the risk of harm or discomfort — among jurors and even judges, defense counsel can mount several tactics from the very start of litigation to counteract these views and blunt the potential for jackpot damages, says Ann Marie Duffy at Hollingsworth.
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Risks Of Nonmutual Offensive Collateral Estoppel In MDLs
After the Supreme Court declined to review the Sixth Circuit's ruling in the E.I. DuPont de Nemours & Co. personal injury litigation, nonmutual offensive collateral estoppel could show up in more MDLs, and transform the loss of a single MDL bellwether trial into a de facto classwide decision that binds thousands of other MDL cases, say Chantale Fiebig and Luke Sullivan at Weil Gotshal.
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Infringement Policy Lessons From 4th Circ. Sony Music Ruling
The Fourth Circuit's recent decision in Sony Music v. Cox Communications, which in part held that the internet service provider was liable for contributing to music copyright infringement, highlights the importance of reasonable policies to terminate repeat infringers, and provides guidance for litigating claims of secondary liability, say Benjamin Marks and Alexandra Blankman at Weil.
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What Recent Study Shows About AI's Promise For Legal Tasks
Amid both skepticism and excitement about the promise of generative artificial intelligence in legal contexts, the first randomized controlled trial studying its impact on basic lawyering tasks shows mixed but promising results, and underscores the need for attorneys to proactively engage with AI, says Daniel Schwarcz at University of Minnesota Law School.
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When Your Client Insists On Testifying In A Criminal Case
Speculation that former President Donald Trump could take the stand in any of the four criminal cases he faces serves as a reminder for counsel to consider their ethical obligations when a client insists on testifying, including the attorney’s duty of candor to the court and the depth of their discussions with clients, says Marissa Kingman at Fox Rothschild.
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5 Things Trial Attorneys Can Learn From Good Teachers
Jennifer Cuculich at IMS Legal Strategies recounts lessons she learned during her time as a math teacher that can help trial attorneys connect with jurors, from the importance of framing core issues to the incorporation of different learning styles.
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Why Preemption Args Wouldn't Stall Trump Hush-Money Case
With former President Donald Trump's New York hush-money criminal trial weeks away, some speculate that he may soon move to stay the case on preemption grounds, but under the Anti-Injunction Act and well-settled case law, that motion would likely be quickly denied, says former New York Supreme Court Justice Ethan Greenberg, now at Anderson Kill.