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Trials
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May 08, 2025
Fed. Circ. Weighs If Expert's Testimony Justifies Spine IP Loss
A Federal Circuit panel on Thursday considered how much an expert strayed from a lower court's claim construction in an inventor's patent infringement suit against DePuy Synthes, with one judge questioning if it was merely effective cross-examination that tripped the expert up, and not much more.
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May 08, 2025
Wayfair Beats Software Engineer's Age Bias Suit
A Massachusetts state jury has cleared Wayfair in a discrimination case brought by a 53-year-old software engineer who was terminated in the early months of the pandemic after he requested flexibility to care for his school-age children.
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May 08, 2025
Apple Asks 9th Circ. To Pause New App Store Injunction
Apple has asked the Ninth Circuit to pause parts of a California federal court's new injunction mandating changes to its App Store policies, issued after finding Apple violated a previous order, saying the "punitive" measures force it to give away free access to its products.
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May 08, 2025
Feds Oppose Sentencing Delay For Nadine Menendez
Manhattan federal prosecutors on Thursday asked a judge to deny a request from former U.S. Sen. Robert Menendez's wife, Nadine Menendez, to delay her sentencing on bribery charges for three months, saying she had not provided any "real information" about the request.
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May 08, 2025
SafeMoon Fraud Turned Me Into A 'Monster,' Key Witness Says
A former SafeMoon developer told a Brooklyn federal jury Thursday that his "moral compass was skewed" by corruption at the cryptocurrency outfit, as he blamed the company's CEO for allegedly conspiring to loot the company.
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May 08, 2025
Pa. Jury Awards $165K To Teachers In Equal Pay Suit
A Pennsylvania jury awarded a total of $165,000 in damages to two female teachers who claimed they had been unfairly paid less than their male counterparts in the Central Bucks School District Thursday.
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May 08, 2025
Convicted ISIS Crypto Backer Gets More Than 30 Years
A Virginia man has been sentenced to more than 30 years in prison after being convicted by a federal jury of providing cryptocurrency funding to ISIS.
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May 08, 2025
Jury Says Firm Owes Ex-HR Exec $3.27M In Retaliation Case
A Tennessee federal jury said a personal injury firm should pay $3.27 million to a former chief people officer who claimed she was fired after raising concerns that female attorneys were being paid less than men.
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May 08, 2025
Pa. Panel Backs $175M Roundup Verdict Against Monsanto
Bayer AG unit Monsanto has failed to erase a $175 million verdict awarded to a man who alleged his cancer was caused by using the company's flagship weedkiller Roundup, with the Pennsylvania Superior Court ruling Thursday that a Philadelphia jury's verdict in his favor was fair.
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May 07, 2025
J&J Unit's Catheter Tying Policy Hurt Rival, Antitrust Jury Told
Innovative Health's CEO told a California federal jury considering its antitrust claims Wednesday that Johnson & Johnson unit Biosense Webster enforced a policy to cut off support to hospitals that didn't use its catheters after Innovative received FDA approval to reprocess Biosense's electrophysiology catheters, devastating Innovative's business.
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May 07, 2025
Girardi Hospitalized Ahead Of Mental Evaluation Hearing
Disbarred attorney Tom Girardi was hospitalized Wednesday for a liver problem and is unable to attend a scheduled hearing Thursday before a California federal judge who is evaluating his mental health to determine if he should be sent to prison, according to a filing with the court by his attorneys.
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May 07, 2025
Ex-OneTaste Staffer Says She Was Sexually Exploited
A former salesperson for OneTaste on Wednesday testified in the forced labor trial of its former top leaders that she was traumatized and "lost touch with reality" during her time working for the sexual wellness company, and felt coerced into taking part in unwanted sexual acts.
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May 07, 2025
Fed. Circ. Upholds Ioengine Loss While Limiting IPR Estoppel
The Federal Circuit held for the first time Wednesday that estoppel from inter partes reviews only applies to arguments based on printed publications, upholding a jury's invalidation of Ioengine LLC's flash drive patents for being publicly available.
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May 07, 2025
Google Is 'What's Best' For Users, Apple Exec Tells Judge
A top Apple executive forcibly defended the company's pick for its default search engine Wednesday, telling a D.C. federal judge that Google is the only real option, as the U.S. Justice Department looks to ban Google from paying the iPhone maker and others for default search engine placement.
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May 07, 2025
Zurich Wants Midtrial Win In Fluor $300M Bad-Faith Case
Insurer Zurich urged a federal judge Wednesday to find midtrial that former policyholder Fluor has failed to prove up a case for bad-faith refusal to settle regarding a $300 million lead pollution payout, saying there's been no evidence Zurich ever received a proper offer.
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May 07, 2025
NexStep Wants High Court To Look At Comcast Patent Fight
NexStep Inc. has asked the U.S. Supreme Court to review the standard for an expert's testimony under a doctrine allowing patent holders to claim infringement if an accused product is similar enough to the patented invention, the latest move in a dispute with Comcast.
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May 07, 2025
Ill. Court OKs $20M Award In Brain Damage Med Mal Suit
An Illinois state appeals court has affirmed a $20 million award in a suit accusing an Advocate Health hospital and others of causing a newborn's brain damage due to oxygen deprivation, saying certain jury instructions given by the trial court were not erroneous.
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May 07, 2025
Insulet Pursues EOFlow's Finances After $60M Ruling
A Massachusetts federal judge has ordered a Korean wearable insulin patch maker to respond to discovery requests as Insulet Corp. looks to collect a nearly $60 million trade secrets judgment, including information concerning an ongoing arbitration with Medtronic PLC stemming from a nixed acquisition deal.
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May 07, 2025
Nike, 'Replica' Influencer Settle TM Suit Ahead Of Trial
Nike has resolved the remainder of its trademark infringement lawsuit against a social media influencer accused of posting and selling fake Nike shoes just days before trial, with a Florida federal judge on Wednesday signing off on the agreement that calls for the influencer to pay $1 million in damages.
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May 07, 2025
Coffee Exporter Hit With $31M Judgment Over Missed Shipments
A Florida federal judge said Wednesday she would enter a roughly $31 million judgment for a "green" coffee retailer that said it prepaid for coffee shipments that were never received from a Nicaraguan green coffee bean exporter.
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May 07, 2025
No Quick Win For Insurer In Hail Damage Dispute
A Georgia federal court on Wednesday rejected an insurer's pretrial bid to avoid covering a homeowners association's hail damage claims, finding there are "plainly genuine disputes of material fact as to whether hail damage occurred to the roofs of the property during the policy period."
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May 07, 2025
Ex-Enforcers Back Higher Standard For Google Breakup
A bipartisan group of former federal antitrust enforcers stretching back to the Nixon administration has told the D.C. federal court overseeing the government's search monopolization case against Google that a high standard needs to be met when divestitures are sought.
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May 07, 2025
Mass. Justices Skeptical Of Ex-Senator's Immunity Claim
Justices on Massachusetts' highest court appeared skeptical Wednesday of arguments by a former state senator that he has legislative immunity against charges that he made his Statehouse staff work on his reelection campaigns.
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May 07, 2025
Judge Rejects New Trial Over Antitrust Loss To US Soccer
A Brooklyn federal judge denied a defunct soccer league's request for a new antitrust trial against MLS and the U.S. soccer governing body, rejecting a challenge to a jury instruction that asked about the existence of a relevant market.
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May 07, 2025
Judge Affirms $9.4M Verdict For American Airlines In IP Case
A Texas federal judge has finalized a $9.4 million judgment for American Airlines over airfare search engine Skiplagged Inc.'s unauthorized use of copyrighted booking content, while also upholding the jury's finding that Skiplagged's use of American's trademarks was fair and declining to revive the lawsuit's contractual claims.
Expert Analysis
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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Consider The Impact Of Election Stress On Potential Jurors
For at least the next few months, potential jurors may be working through anger and distrust stemming from the presidential election, and trial attorneys will need to assess whether those jurors are able to leave their political concerns at the door, says Ken Broda-Bahm at Persuasion Strategies.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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Perspectives
Protecting Survivor Privacy In High-Profile Sex Assault Cases
Multiple civil lawsuits filed against Sean "Diddy" Combs, with claims ranging from sexual assault and trafficking to violent physical beatings, provide important lessons for attorneys to take proactive measures to protect the survivor's anonymity and privacy, says Andrea Lewis at Searcy Denney.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
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Ex-Chicago Politician's Case May Further Curb Fraud Theories
The U.S. Supreme Court recently agreed to hear Thompson v. U.S. to determine whether a statement that is misleading but not false still violates federal law, potentially heralding the court’s largest check yet on prosecutors’ expansive fraud theories, with significant implications for sentencing, say attorneys at the Law Offices of Alan Ellis.
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Lawyers With Disabilities Are Seeking Equity, Not Pity
Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.
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Opinion
Judicial Committee Best Venue For Litigation Funding Rules
The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.
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Fluoride Ruling Charts Path To Bypass EPA Risk Evaluations
A California federal court's recent ruling in Food and Water Watch v. U.S. Environmental Protection Agency, ordering the agency to address the public health risks of fluoridated drinking water, establishes a road map for other citizen petitioners to bypass the EPA's formal risk evaluation process, say attorneys at Wiley.
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The Strategic Advantages Of Appointing A Law Firm CEO
The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.
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7 Tips To Help Your Witness Be A Cross-Exam Heavyweight
Because jurors tend to pay a little more attention to cross-examination, attorneys should train their witnesses to strike a balance — making it tough for opposing counsel to make their side’s case, without coming across as difficult to the jury, says Ken Broda-Bahm at Persuasion Strategies.
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Series
Beekeeping Makes Me A Better Lawyer
The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.