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Trials
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August 08, 2025
FTC Maintains Support For Right-To-Repair In Med Robot Case
The Federal Trade Commission is providing important backing for a surgical repair company's Ninth Circuit bid to revive claims accusing Intuitive Surgical of blocking third parties from refurbishing components for its popular da Vinci surgery robot, in an amicus brief suggesting defending right-to-repair work remains important for the Republican-controlled agency.
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August 08, 2025
Citing 'Seinfeld,' Nostalgic Judge Pares SmartSky Patent Suit
A federal judge pined for the pre-internet days of disconnectivity while flying and blamed two in-flight Wi-Fi companies for ushering that era's demise as he invalidated a claim in one of the patents in an infringement dispute between the two.
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August 08, 2025
Costco Judgment Reversed Over Expert Report Rule Misstep
The Eleventh Circuit has reversed a Florida federal court's judgment for Costco Wholesale Corp. that nixed a $155,000 jury award in a shopper's slip-and-fall lawsuit, finding the lower court misinterpreted a rule as requiring the shopper's treating physician to file an expert written report in order to testify.
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August 08, 2025
Fed. Circ. Undoes LG's $14M Trial Loss, Invalidating Patent
The Federal Circuit on Friday scrapped a $14 million judgment against LG Electronics Inc. for infringing a Mondis Technology Ltd. patent covering a computer display technology, deeming the patent invalid based on an inadequate written description.
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August 08, 2025
Warner Bros. Faces TM Trial Over 'Ugliest House' Show
A Delaware federal judge ruled Friday that Warner Bros. Discovery cannot avoid a bench trial this month over whether its HGTV show "Ugliest House in America" infringes the trademarks of HomeVestors of America Inc., which owns marks for "We Buy Ugly Houses" and "Ugliest House of the Year" for an annual contest.
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August 08, 2025
Trump Gets Explanation Of 2nd Circ. Refusal To Sub In Feds
The Second Circuit said Friday that President Donald Trump's bid to substitute the federal government for him as a defendant in his defamation fight with writer E. Jean Carroll came too late, dealing him a blow after his $83.3 million jury trial loss.
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August 08, 2025
Pennsylvania Litigation Highlights Of The 1st Half Of 2025
In the first half of 2025, Pennsylvania judges have created a federal and state court split in a $175 million verdict against Monsanto in Philadelphia's Roundup mass tort, reduced the tax fraud sentence of a member of the family behind an iconic Philadelphia cheesesteak shop and permanently barred a college apparel company from copying Penn State trademarks.
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August 07, 2025
2nd Circ. Says Trial Atty With Brain Disease Not 'Ineffective'
The Second Circuit on Thursday affirmed the convictions of a former New York City law enforcement union president along with its ex-financial adviser for defrauding members out of $500,000, rejecting among contentions that one defense lawyer's abilities were impaired at trial by a fast-moving neurodegenerative disease.
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August 07, 2025
Sentencing Commission Plans To Reassess Fraud Guidelines
The U.S. Sentencing Commission on Wednesday said it will consider potential reforms to the federal sentencing guidelines for fraud offenses, including the outsized role of loss calculation in sentencing, one of several priorities the agency has marked for closer examination.
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August 07, 2025
9th Circ. Says Attys Can't Get $920K Fees For $8K Trial Win
The Ninth Circuit affirmed a lower court's decision Thursday to deny a request of over $920,000 in attorney fees from the creator of two strategic problem-solving charts following her jury trial win of $8,000 in a copyright infringement case, saying the district court property articulated the reasons for the denial.
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August 07, 2025
NY Court Affirms Assault Conviction, But Raises Jury Issue
A man convicted of assaulting a woman in his home with a hammer saw his convictions largely upheld by a New York state appellate court panel Thursday, but dissenting judges said that he deserved a new trial on grounds that an anonymous jury was used improperly.
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August 07, 2025
Amazon, DC AG Get Antitrust Trial Delayed To May 2027
The District of Columbia's antitrust suit accusing Amazon of not allowing sellers to offer their products for less on other platforms will not make it to trial until closer to mid-2027, after a D.C. judge agreed Wednesday to allow the parties to push back the original trial date by four months.
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August 07, 2025
7th Circ. Affirms 25-Year Drug Sentence, OKs Voice ID At Trial
The Seventh Circuit on Thursday upheld a narcotics distribution conviction of a former owner of a Texas trucking company whose drug ring transporting hundreds of pounds of cocaine and heroin was discovered after a co-conspirator recorded a call with the man and provided a copy to federal agents.
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August 07, 2025
PTAB Knocks Out Nike Patent From $355K Trial Victory
A Nike footwear manufacturing patent at the heart of a $355,450 damages verdict in an infringement case against athletic apparel maker Lululemon is invalid, the Patent Trial and Appeal Board has found.
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August 07, 2025
Housing Authority Can't Slip Ex-Worker's Retaliation Lawsuit
A North Carolina federal judge has refused to end a discrimination suit against Charlotte's public housing authority Inlivian, finding that several material disputes remain about whether an ex-worker faced retaliation after whistleblowing.
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August 07, 2025
BioNTech's Acquisition Of CureVac Ends COVID Vax Case
CureVac's case alleging Pfizer and BioNTech infringed patents related to messenger RNA technology is set to be dismissed after BioNTech announced in June that it would be acquiring CureVac, canceling what would have been the first-ever trial over COVID-19 vaccine patents in the U.S.
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August 07, 2025
Connecticut Litigation Highlights In The 1st Half Of 2025
Two separate royalty disputes — one $90 million, the other $4 million — involving two giants in the alcoholic beverages market are among the top corporate cases that crossed Connecticut court dockets in the first half of 2025.
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August 07, 2025
HPE-Juniper Judge Shuns More Direct Comment On DOJ Deal
Comments, or complaints, about the controversial U.S. Department of Justice deal permitting Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks must go through the DOJ and will no longer be accepted if submitted directly to the court, the reviewing California federal judge said Wednesday.
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August 07, 2025
Ex-Boston Heart CEO Defends Jenner & Block Fee Bid
Boston Heart's former CEO is urging the Delaware Chancery Court to order the medical testing company to advance her legal fees to pay Jenner & Block LLP for its defense of her in criminal and civil cases, disputing Boston Heart's claims that the law firm's rates are "grossly inflated."
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August 07, 2025
Wawa Beats Injury Suit Appeal Despite Deleted Footage
The Pennsylvania Superior Court upheld a trial win for Wawa Inc. in a personal injury lawsuit, rejecting the plaintiff's argument that the judge should have given an adverse inference instruction to the jury because of Wawa's alleged failure to preserve surveillance video footage from the day of the accident.
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August 07, 2025
NC Biz Court Bulletin: Divorce Dust-Ups And Judicial Rebukes
Litigation in the North Carolina Business Court is heating up this summer with new complaints centered on fears a former state politician's divorce proceedings will impede his companies' operations and accusations that a climate technology company has failed to pay out a former engineer's ownership interest.
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August 06, 2025
Lindell Co. Fights Punitives Hike In Colo. Defamation Trial
MyPillow founder Mike Lindell and his media company FrankSpeech urged a Colorado federal judge Wednesday not to add $4.4 million in punitive damages to a $2.3 million defamation verdict, saying that would flout the Seventh Amendment.
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August 06, 2025
Ohio Panel Revives Robbery Case Over Receipt Evidence
An Ohio state appeals court has ruled that a state prosecutor's office did not violate evidence rules when it failed to turn over a sales receipt for a stolen cell phone in a robbery case, finding the evidence wouldn't have helped the defendant.
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August 06, 2025
RJ Reynolds Keeps Trial Win In Cancer Death Suit, Panel Says
A Massachusetts intermediate-level appeals court on Wednesday affirmed RJ Reynolds' trial win in a suit accusing it of causing a man's lung cancer, saying a new trial was not warranted as the trial judge did not unfairly exclude certain evidence.
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August 06, 2025
Pa. Panel OKs Doctor's Midtrial Win In Bad Surgery Suit
A Pennsylvania appellate panel on Wednesday upheld a trial judge's decision to grant a midtrial win to a physician accused of botching a woman's saliva gland removal surgery, saying the plaintiff's liability theory was not supported by the testimony of her medical expert.
Expert Analysis
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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A Look At Key 5th Circ. White Collar Rulings So Far This Year
In the first half of 2025, the Fifth Circuit has decided numerous cases of particular import to white collar practitioners, which collectively underscore the critical importance of meticulous recordbuilding, procedural compliance and strategic litigation choices at every stage of a case, says Joe Magliolo at Jackson Walker.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.
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Opinion
Prosecutors' Duty To Justice Sometimes Demands Mea Culpa
Two recent cases — U.S. v. Lucas and U.S. v. Echavarria — demonstrate that prosecutors’ special ethical duty to seek justice can sometimes be in tension with other obligations and incentives, but it nonetheless requires them to concede their mistakes in the interests of justice, say Eastern District of Texas law clerk Ian Stephens and Texas A&M University law professor Jemila Lea.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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Fed. Circ. Ingenico Ruling Pivotal For IPR Estoppel Landscape
The Federal Circuit's recent decision in Ingenico v. Ioengine brings long-awaited clarity to the scope of inter partes review estoppel, confirming that a patent challenger is not precluded from relying on the same or substantially similar prior art in both IPR and district court proceedings, so long as it is used to support a different invalidity theory, say attorneys at Irwin IP.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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Justices' Resentencing Ruling Fortifies First Step Act Tools
The U.S. Supreme Court’s recent Hewitt v. U.S. ruling clarifies that resentencing after vacatur must reflect the law in effect at the time of the new sentencing, ultimately strengthening the strategic tools available to defense attorneys under the First Step Act, says Benson Varghese at Varghese Summersett.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.
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$95M Caremark Verdict Should Put PBMs On Notice
A Pennsylvania federal judge’s recent ruling that pharmacy benefits manager CVS Caremark owes the government $95 million for overbilling Medicare Part D-sponsored drugs highlights the effectiveness of the False Claims Act, as scrutiny of PBMs’ outsized role in setting drug prices continues to increase, say attorneys at Duane Morris.
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.
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Diversity, Equity, Indictment? Contractor Risks After Kousisis
The U.S. Supreme Court’s recent Kousisis v. U.S. decision, holding that economic loss is not required to sustain wire fraud charges related to fraudulent inducement, may extend criminal liability to government contractors that make false diversity, equity and inclusion certifications, say attorneys at Moore & Van Allen.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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9th Circ. Customs Ruling A Limited Win For FCA Plaintiffs
While the decision last month in Island Industries v. Sigma may be welcome news for False Claims Act relators, under binding precedent courts within the Ninth Circuit still do not have jurisdiction to adjudicate customs-based FCA claims pursued by the government, say attorneys at Morgan Lewis.
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Opinion
Juries Are Key In Protecting The Rule Of Law
Absent from the recent discourse about U.S. rule of law is the crucial role of impartial jurors in protecting the equitable administration of justice, and attorneys and judges should take affirmative steps to reverse the yearslong decline of jury trials at this critical moment, says consultant Clint Townson.