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Trials
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August 05, 2025
Fed. Circ. Panel Feeling Deja Vu In Hoverboard IP Case
A Federal Circuit panel had little support for the owner of hoverboard design patents Tuesday, as the judges said much of its noninfringement appeal relies on concerns addressed in a prior appellate decision.
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August 05, 2025
UBH Patients Score Partial Win In Mental Health Claims Fight
A California federal judge handed a partial win Tuesday to a class of participants in employee health benefit plans who sought coverage for mental health and substance use disorder treatments from United Behavioral Health, holding the company's overly restrictive guidelines breached fiduciary duties under federal benefits law.
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August 05, 2025
Ill. Appeals Court Backs Counsel Redo In Battery Case
An Illinois state appeals court has ruled that a man found guilty of domestic battery is entitled to a trial court hearing on a motion he personally lodged claiming his attorney was ineffective and that he was unfairly denied the hearing because of how he filed the request.
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August 05, 2025
Ghislaine Maxwell Slams Feds' Bid To Unseal Grand Jury Docs
Ghislaine Maxwell, who is serving a 20-year prison sentence for trafficking children for late sex offender Jeffrey Epstein, urged a New York federal judge Tuesday to deny the government's bid to unseal grand jury transcripts, saying release of the sealed materials could jeopardize the appeal of her 2021 conviction.
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August 05, 2025
Calif. City Sanctioned Over Missing Reports In Dow, PPG Case
A San Francisco Superior Court judge found that a California city that's pursued decades-long litigation against Dow Chemical and PPG Industries over dry cleaning chemicals that allegedly contaminated city sites "committed egregious discovery violations" by destroying and concealing 1991 reports related to the chemicals leaking into the city's groundwater.
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August 05, 2025
Amazon, DC AG Seek To Delay Antitrust Trial To May 2027
The D.C. Attorney General's Office and Amazon are seeking more time to complete fact discovery in the city's antitrust suit against the online retail giant, asking for the potential trial in the case to be moved from January 2027 to May of that year.
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August 05, 2025
Tesla Hit With Suit Over Autonomous Vehicle Issues
A Tesla Inc. investor has launched a proposed securities class action against the company in Texas federal court, claiming it overhyped its autonomous driving vehicles despite flaws that led to regulatory and legal blowback, including a recent $329 million verdict involving the Autopilot feature.
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August 05, 2025
Alaska Airlines Can't Nix Flight Attendant's Surgery Win
A Washington state appeals court won't disturb a jury's finding that a flight attendant was entitled to coverage of a spine surgery for an injury she sustained while working for Alaska Airlines, saying the trial court judge rightly rejected the airline's proposed jury instruction for its confusion.
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August 04, 2025
FCA Juror's Possible Conflict Can't Justify Retrial, Judge Says
A class action trial against Fiat Chrysler in 2023 was not tainted by a juror whose employer was negotiating a deal with the automaker's parent company Stellantis NV, a Massachusetts federal judge ruled Friday, rejecting a bid by a class of drivers who sued over allegedly defective headrests.
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August 04, 2025
Axos Wins $40M In Trade Secrets Case Against Calif. Rival
A California federal court has ordered Nano Banc and several former employees and executives to pay $40 million to rival Axos Bank after they were found liable for trade secret misappropriation and other claims.
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August 04, 2025
New Conn. Assault Trial Ordered Over Crucial Tattoo Evidence
A Connecticut appeals court has ordered a new trial for a man sentenced to over five years in prison for an assault at a Denny's, finding that his constitutional rights were violated when a trial court refused to allow potentially exculpatory evidence showing that, unlike the perpetrator, he had no tattoos.
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August 04, 2025
Jury Finds For Drexel In Professor's Gender Bias Suit
A federal jury has sided with Drexel University in a gender discrimination case by one of its former doctors, finding the school is not liable for her claims of retaliation over reporting instances of discrimination against female doctors in the medical college, according to a verdict docketed Monday.
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August 04, 2025
Trial Called Off After Judge Partly Clears Apple In Fintiv Row
Western District of Texas Judge Alan Albright called off a trial scheduled for Monday in Fintiv Inc.'s long-running mobile wallet patent case against Apple Inc., after he cleared Apple of infringing some claims and Fintiv opted to appeal rather than putting the remaining claims before a jury.
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August 04, 2025
Ex-Yankee Strikes $729K Deal With Moldy Mansion's Landlord
Former Major League Baseball player Joshua Donaldson will receive around $729,000 from the landlord of a Connecticut mansion that suffered a mold problem after they reached a post-verdict deal to end their federal contract dispute.
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August 04, 2025
Ill. Jury Awards $17M Over Infant's Fatal Delivery Injuries
An Illinois jury has awarded $17.1 million in damages to the family of an infant who died nine months after his birth because of catastrophic injuries he suffered during delivery, finding the obstetrician and the women's health clinic where he operates liable for his death.
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August 04, 2025
NY Atty Found Guilty Of Duping Lender Who Backed Lien Biz
A Manhattan federal jury on Monday convicted a former compliance lawyer of pilfering from a $20 million line of credit extended to his tax-lien business by a subsidiary of Emigrant Bank.
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August 04, 2025
Fla. High Court Vacates Drug Charges Over Speedy Trial Rules
A Florida appeals court has permanently tossed a drug case against a man after a counting error led to him being held for over 180 days without a trial after being extradited from another state in violation of his right to a speedy trial.
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August 04, 2025
NYU Must Pay Fired Doc $4M In Disability Bias Suit, Jury Says
An ex-New York University doctor nabbed a $4 million trial win in his disability bias case claiming he was fired after his employer denied his request to work from home so he could recover from a COVID-19 infection that left him in a coma for nearly two months.
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August 04, 2025
Google Says Term Limits Only Needed For Some Search Fixes
Google told the D.C. federal court overseeing the government search monopolization case that there is no need to put a one-year term limit on its default search agreements with Android device manufacturers and wireless carriers because they are not exclusive.
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August 04, 2025
Chemical Group Says Fluoride Judge Got It Wrong
The American Chemistry Council told the Ninth Circuit that a California federal judge who ruled that current limits on fluoride in drinking water aren't protective enough misinterpreted the Toxic Substances Control Act and urged reversal of his decision.
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August 04, 2025
Mich. High Court Says Cellphone Search Was Too Sweeping
A split Michigan Supreme Court has refused to toss a number of charges for larceny, receiving stolen property and safe-breaking, ruling that the defendant did not receive ineffective counsel when his attorney failed to challenge an overly broad warrant issued to search his phone.
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August 04, 2025
DuPont Inks $2.5B Deal With NJ Over PFAS Pollution
E.I. du Pont de Nemours and New Jersey have reached a more than $2 billion landmark deal to remedy long-standing "forever chemical" contamination at the company's manufacturing sites across the Garden State, including a longtime facility in Salem County.
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August 01, 2025
Meta Illegally Recorded Flo Users' Data, Calif. Jury Finds
A California federal jury Friday found Meta Platforms Inc. liable for violating the state's wiretap law by using a data analytics tool to retrieve sensitive health data from users of the popular menstrual tracking app Flo, in what plaintiffs' counsel called "one of the first times" a major tech company has been held accountable for such practices.
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August 01, 2025
Land Claimant Urges No New Trial In $30M Cuba Resort Case
The claimed owners of the Cuban barrier island Cayo Coco urged a Florida federal judge Thursday to deny a new trial to Expedia Group, Orbitz and Hotels.com after a jury awarded $29.85 million on findings that the booking sites engaged in prohibited trafficking by taking reservations for resorts on land seized by Fidel Castro's government.
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August 01, 2025
Defamation Litigation Roundup: Epstein, Macron, Lindell
In this month's review of defamation fights, Law360 reviews U.S. President Donald Trump's suit against the Wall Street Journal over its reporting on his connections to deceased financier and convicted sex offender Jeffrey Epstein, as well as a Second Circuit decision about the potential unsealing of documents in a since-settled, Epstein-related defamation suit.
Expert Analysis
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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How To Strengthen A Case By Mastering Expert Witness Prep
A well-prepared expert witness can bolster a case's credibility with persuasive qualifications, compelling voir dire responses and concise testimony that can withstand cross-examination, says Allison Rocker at Baker McKenzie.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Kousisis Concurrence Maps FCA Defense To Anti-DEI Suits
Justice Clarence Thomas' recent concurrence in Kousisis v. U.S. lays out how federal funding recipients could use the high standard for materiality in government fraud cases to fight the U.S. Justice Department’s threatened False Claims Act suits against payees deviating from the administration’s anti-DEI policies, say attorneys at Miller & Chevalier.
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Google Damages Ruling Offers Lessons For Testifying Experts
The Federal Circuit's recent decision in EcoFactor v. Google represents a shift in how courts evaluate expert testimony in patent cases, offering a practical guide for how litigators and testifying experts can refine their work, says Adam Rhoten at Secretariat.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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Trending At The PTAB: Shifts In Parallel Proceedings Strategy
Dynamics are changing between the Patent Trial and Appeal Board and federal courts, with two recent discretionary denials and one Federal Circuit decision offering takeaways for both patent owners and challengers navigating parallel proceedings, say attorneys at Finnegan.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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3 Juror Psychology Principles For Expert Witness Testimony
Expert witnesses can sometimes fall into traps when trying to teach juries complex topics by failing to consider the psychology of juror comprehension, but attorneys can help witnesses avoid these pitfalls with a deeper understanding of cognitive lag, chunking and learning styles, says Steve Wood at Courtroom Sciences.