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Trials
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July 11, 2025
Schulte Roth Can't Claw Back $38M In Rent From SL Green
A New York state court judge ruled that Schulte Roth & Zabel LLP can't claw back $38 million in rent paid to landlord SL Green Realty during the height of the coronavirus pandemic, finding that a Y2K era rent abatement clause is only applicable if the landlord fails to provide service.
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July 10, 2025
Punitive Damages Ruling Deferred In Jack Nicklaus' Fla. Suit
A Florida state court judge deferred a decision on whether he'll overrule a previous order denying punitive damages in a defamation lawsuit brought by former professional golfer Jack Nicklaus against a company he founded and two of its officers, saying there must be enough evidence to find that reprehensible misconduct occurred.
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July 10, 2025
$33M Sonos Appeal Has Fed. Circ. Asking: What's Up, Alsup?
A Federal Circuit panel struggled Thursday to piece together the different interpretations of what U.S. District Judge William Alsup decided before upending Sonos Inc.'s $32.5 million jury verdict against Google LLC, with one judge claiming disbelief that there could be such a "fundamental disconnect" between the companies' understandings.
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July 10, 2025
Penn Hospital Can't Escape Record $207M Med Mal Judgment
A Pennsylvania appeals court on Thursday affirmed a record $187 million verdict and subsequent $207 million judgment in a suit accusing the Hospital of the University of Pennsylvania of causing a newborn's catastrophic birth injuries, saying the award did not "shock the conscience" given the evidence presented at trial.
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July 10, 2025
Boehringer Wins Another Zantac Cancer Trial In Illinois
Boehringer Ingelheim notched another Zantac cancer trial win in Illinois state court this week, after a jury rejected a prostate cancer patient's claim that his seven-year use of the brand-name heartburn drug played a role in his diagnosis.
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July 10, 2025
Conn. Hospital Hit With $20M Wrongful Death Verdict
A Connecticut state jury on Wednesday slapped an anesthesiologist group and Middlesex Hospital with a $20 million verdict, finding that they negligently ignored multiple signs that a patient was bleeding during and after a routine abdominal surgery.
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July 10, 2025
'Tiger King' Loses Retrial Bid Over Alleged Witness Lies
The Tenth Circuit has rejected Joseph "Tiger King" Maldonado's latest bid for a new trial following the Netflix series star's murder-for-hire conviction and 21-year sentence, saying arguments regarding supposed witness recantations were waived or unclear.
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July 10, 2025
Vax Refuser Tells Jury Red Cross Mandate Was 'Unsettling'
A former nurse for the American Red Cross said the organization's requirement that employees receive a COVID-19 vaccine was "unsettling" to her and led to physical manifestations of stress, as she testified before a federal jury on Thursday that she believed receiving the injection went against her religious beliefs.
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July 10, 2025
AT&T's $181M Patent Loss Gets Tough Look At Fed. Circ.
A Federal Circuit panel had hard questions for an attorney looking to safeguard Finesse Wireless' $181 million verdict against AT&T and Nokia for infringing a pair of radio interference patents, with one judge in particular seemingly taking issue Thursday with the infringement findings.
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July 10, 2025
College Apparel Co. Seeks New Trial In Penn State TM Case
A print-on-demand company that was permanently barred from using The Pennsylvania State University's name or logos asked a federal judge for a new trademark infringement trial, saying the verdict form at the first trial was confusing to the jury and the university's evidence had not shown it used the marks illegally.
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July 10, 2025
DHS Official Walks Back Testimony On Deportation Leads
A U.S. Department of Homeland Security official testified in Massachusetts federal court on Thursday that he was only "speculating" when he said during a deposition last month that the offices of border czar Tom Homan and U.S. Homeland Security Secretary Kristi Noem were behind a decision to use pro-Israel websites to source leads on potential deportation targets.
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July 10, 2025
Fed. Circ. Judges Get Tough With Phillips 66 In Retrial Spat
The Federal Circuit tangled with Phillips 66 on Wednesday over the "talismanic significance" of a lower court judge declaring the oil and gas giant had made prejudicial arguments in an infringement case over oil refinery patents.
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July 10, 2025
11th Circ. Revives Case Over $3.1M Glassware Verdict Debt
The Eleventh Circuit has revived a case over $3.1 million in debt resulting from a jury verdict finding that two glass companies had copied the designs of another business, saying a lower court was wrong to find that the infringing companies' bankruptcy had wiped the debt out.
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July 10, 2025
DuPont Reaches $27M Settlement In NY PFAS Case
The members of a proposed class of hundreds of residents whose drinking water was tainted by "forever chemicals" have told a New York federal judge that they've reached a $27 million deal with DuPont, ending claims that it is responsible for the contamination, putting the total settlements achieved at $92 million.
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July 10, 2025
Fla. Atty Suspended After Conviction In Embezzlement Case
The Florida Supreme Court has suspended a lawyer who was found guilty at a June retrial of embezzling from an Orlando law firm where she worked as a paralegal before acquiring her law license.
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July 10, 2025
Jazz Looks To Block Avadel From Asking For Sleep Drug OK
Jazz Pharmaceuticals wants a Delaware federal judge to block Avadel CNS Pharmaceuticals from seeking U.S. Food and Drug Administration approval for its Lumryz drug to treat the sleep disorder idiopathic hypersomnia, after the Federal Circuit sent the case back to the lower court.
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July 10, 2025
Texas Cop's Estate Can't Redo Trial Over Accidental Evidence
A Texas federal judge turned down a new trial bid from the estate of a Texas police officer who alleged he suffered carbon monoxide poisoning because of a defect in his Ford-made patrol vehicle, saying the inadvertent admission of a chart into evidence toward the close of trial is not enough to show prejudice.
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July 10, 2025
10th Circ. Affirms Sentence In $1B Energy Tax Credit Scheme
A leader of a renewable-energy scheme that illicitly sought $1 billion in tax credits failed to persuade the Tenth Circuit to overturn his conviction by arguing that jurors were biased when his lawyer was identified as having helped Michael Jackson beat child molestation charges.
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July 09, 2025
Google Notches Deal With Flo Users Ahead Of Privacy Trial
Google and users of the menstrual cycle tracking app Flo have reached a deal to resolve claims that the tech giant used a data analytics tool to unlawfully retrieve their sensitive health data, releasing the company from a July 21 trial that's still scheduled to proceed with respect to similar privacy claims being pressed against the app maker and Meta.
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July 09, 2025
2nd Circ. Axes Conviction Over False Text-To-Vote Memes
The Second Circuit on Wednesday overturned the conspiracy conviction of a onetime Twitter influencer who worked to convince Democrats in November 2016 they could cast votes for president by text message, saying there was scant proof he coordinated with others.
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July 09, 2025
J&J Unit Owes $76.6M For Ending AI Tissue Imaging Deal
A New York federal judge held Tuesday that Johnson & Johnson's Ethicon unit owes ChemImage Corp. $76.6 million after unilaterally ending their deal to develop in-surgery artificial intelligence imaging techniques, adopting a 17% discount rate on intellectual property impairment damages proposed by ChemImage as opposed to Ethicon's proposed 40% rate.
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July 09, 2025
Split 9th Circ. Upholds Death Sentence In Murder Case
An Arizona man who authorities say was a white supremacist lost a bid to overturn his death penalty sentence for killing his roommates — one of whom was pregnant — after a split Ninth Circuit panel found Wednesday that his trial attorney's performance did not violate his rights.
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July 09, 2025
T.I.'s Big Punitive Damages Win Cut To $1, Teeing Up 4th Trial
A California federal judge has reduced a jury's $53.6 million punitive damages award for rapper T.I. and his wife, singer Tameka "Tiny" Harris, to a $1 remitter, setting up a fourth trial in the trademark infringement case if the Harrises don't accept the remitter, which they have already said they will decline.
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July 09, 2025
Quinn Emanuel Says 'Spite' Behind Unpaid $30M Legal Tab
The new owners of a business that was forced by Quinn Emanuel Urquhart & Sullivan LLP attorneys to honor a merger agreement are refusing to pay a $30 million legal bill "out of spite," the firm has alleged in Massachusetts state court.
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July 09, 2025
Red Cross Vax Refuser Decries Firing Over Religious Beliefs
A former nurse for the American Red Cross suffered physically and economically after she was fired from the organization for not receiving the COVID-19 vaccine, counsel for the nurse told a Detroit federal jury Wednesday, arguing that, in the United States, the Red Cross should not be the arbiter of sincerely held religious beliefs.
Expert Analysis
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Opinion
New DOJ Leaders Should Curb Ill-Conceived Prosecutions
First-of-their-kind cases have seemingly led to a string of overly aggressive prosecutions in recent years, so newly sworn-in leaders of the U.S. Department of Justice should consider creating reporting channels to stop unwise prosecutions before they snowball, says Jonathan Porter at Husch Blackwell.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Perspectives
DC Circ. Cellphone Ruling Upends Law Enforcement Protocol
The D.C. Circuit’s recent U.S. v. Brown decision, holding that forcibly requiring a defendant to unlock his cellphone with his fingerprint violated the Fifth Amendment, has significant implications for law enforcement, and may provide an opportunity for defense lawyers to suppress electronic evidence, says Sarah Sulkowski at Gelber & Santillo.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Engaging With Feds On Threats To Executives, Employees
In an increasingly polarized environment, where companies face serious concerns about how to protect executives and employees, counsel should consider working with federal law enforcement soon after the discovery of threats or harassment, says Jordan Estes at Gibson Dunn.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Opinion
Courts Should Nix Conferencing Rule In 1 Discovery Scenario
Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.
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Perspectives
How High Court May Rule In First Step Act Resentencing Case
U.S. Supreme Court justices grappled with verb tenses and statutory intent in recent oral arguments in Hewitt v. U.S., a case involving an anomalous resentencing issue under the First Step Act, and though they may hold that the statute is unambiguous, they could also decide the case on narrow, practical grounds, say attorneys at Bracewell.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Opinion
Firing Of Jack Smith's Team Is A Threat To Rule Of Law
The acting attorney general’s justifications for firing prosecutors who worked on the criminal cases against President Donald Trump rest on a mischaracterization of legal norms, and this likely illegal move augurs poorly for the rule of law, say Bruce Green at Fordham University and Rebecca Roiphe at New York Law School.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.