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Trials
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October 29, 2025
Fla. Court Reverses $213M Judgment In 'Maya' Case
A Florida appeals court on Wednesday reversed a $213 million judgment for Maya Kowalski, the subject of a Netflix documentary, after finding the trial court erred in too narrowly construing the immunity Florida law grants to those who report suspicions of child abuse.
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October 28, 2025
Off-Label Prescribing Was Common, Novo Nordisk Tells Jury
A whistleblower suing drugmaker Novo Nordisk for allegedly defrauding Washington state's Medicaid system acknowledged from the witness stand Tuesday that she previously prescribed hemophilia drugs for off-label use in her own practice — despite concerns she raised in her lawsuit about other doctors' off-label prescription of Novo Nordisk's drug NovoSeven.
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October 28, 2025
5 Federal Circuit Clashes To Watch In November
The Federal Circuit's argument calendar for November includes a challenge to an Idaho state law aimed at hindering "patent trolls," and a bid to revive a $40 million jury verdict against Shopify that a judge discarded, citing "unclear" testimony from the patent owner's expert.
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October 28, 2025
Apple Spared From Some Masimo Patent Claims Before Trial
A California federal judge issued a mixed ruling in Masimo's case claiming Apple infringed its patents covering pulse oximetry technology for smartwatches, dismissing certain infringement theories but preserving other parts of the case for next week's trial.
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October 28, 2025
Adidas Says Email Gaffe Should Revive Thom Browne TM Suit
Adidas told the Second Circuit on Tuesday that four emails that were never turned over by counsel for fashion brand Thom Browne call for the ordering of a new trial because the emails show senior executives discussing "the very issues at the heart of the trial."
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October 28, 2025
Judge Tosses NASCAR's 'Cartel' Counterclaim Against Teams
Two auto racing teams, including one owned by basketball legend Michael Jordan, earned a major victory in their antitrust battle against NASCAR on Tuesday when a North Carolina federal judge threw out NASCAR's counterclaim that the teams were operating as a cartel.
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October 28, 2025
J&J Hit With $20M Verdict In Fla. Talc Trial
A Florida jury on Tuesday awarded $20 million to the widow of a nephrologist who used Johnson & Johnson talcum powder for 50 years and died of mesothelioma, after a plaintiffs lawyer argued the company broke its "promise of purity."
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October 28, 2025
Comcast Wants Early Appeal For Ad Market Antitrust Ruling
Comcast is seeking permission to appeal an Illinois federal court's refusal to end long-running litigation accusing the cable provider of refusing to work with advertisers that don't use its internal advertising system.
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October 28, 2025
Va. Justices Urged To Restore Record $2B Trade Secrets Win
A software company fighting to regain a $2 billion trade secrets award urged the Virginia Supreme Court on Tuesday to affirm the verdict, arguing that an appellate court was wrong to disturb the conclusions from jurors and the trial judge.
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October 28, 2025
Man Gets New Trial Over Threatening Calls To Judge
The Michigan state appeals court vacated a man's conviction for making a terrorist threat to a state probate judge because the jury wasn't told that prosecutors had to prove the defendant was acting recklessly, citing a recent opinion that found the state's anti-terrorism law constitutional.
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October 28, 2025
4th Circ. Overturns Landmark W.Va. Opioid Verdict
The Fourth Circuit on Tuesday overturned a key ruling by a West Virginia judge in the first federal bellwether in multidistrict opioid litigation that went in favor of the country's three biggest drug distributors, finding that the oversupply of opioids can create a public nuisance.
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October 28, 2025
2nd Circ. Upholds $54M Award To Citgo In Oil Cargo Dispute
The Second Circuit affirmed a $54 million judgment for Citgo Petroleum Corp. in its suit seeking coverage for oil cargo lost during political unrest in Venezuela, finding Tuesday that a lower court did not err or abuse its discretion in rulings on summary judgment, judicial notice and jury instructions.
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October 28, 2025
Insurer Says Late Notice Dooms $7.5M Crash Coverage
A food distributor's excess insurer told a Connecticut state court it should owe no coverage for a nearly $7.5 million judgment stemming from an automobile collision involving a company worker whom a jury found at fault, saying it only learned of the case after an unsuccessful appeal.
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October 28, 2025
Wash. Hospital System Can't Undo $230M Wage Suit Loss
A hospital system can't undo a $230 million judgment against it because it didn't sufficiently counter evidence that its default rounding system was unlawful and assumed caregivers wouldn't take a second meal break, a Washington state appeals panel ruled.
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October 28, 2025
Getting Grilled By FINRA 'Blows,' StraightPath Exec Texted
A StraightPath co-founder on trial for an alleged $400 million investor fraud complained via text about a Financial Industry Regulatory Authority probe as he gave what prosecutors call false testimony, evidence before a Manhattan federal jury showed Tuesday.
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October 28, 2025
Trump Appeals 'Unprecedented' NY Criminal Conviction
President Donald Trump appealed his New York criminal conviction for falsifying business records, arguing the charges were defective, the jury was improperly instructed, the judge was biased and that he was immune from prosecution.
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October 27, 2025
MIT Bros Go After 'Sandwichers' In $25M Crypto Heist Trial
The CEO of Savannah Technologies on Monday took the witness stand in the trial of two MIT-educated brothers accused of stealing $25 million from the Israeli cryptocurrency trading firm and others, and quarreled with defense counsel over the appropriateness of the company's use of a controversial strategy known as sandwich trading.
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October 27, 2025
Angels Players Shared Pills, Former Staffer's Ex-Wife Says
The ex-wife of a former Los Angeles Angels staffer who supplied the drugs that killed pitcher Tyler Skaggs told a California state jury Monday that Angels coworkers knew about her husband's addiction, and that she'd observed players and clubhouse staff passing out Xanax and Percocet on the team's charter plane.
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October 27, 2025
Apple Gets Class Decertified In App Store Antitrust Case
A California federal judge Monday decertified a class of consumers claiming Apple violated antitrust laws with its App Store policies, finding that the plaintiffs' damages expert isn't qualified to do the work and submitted an analysis that included several "alarming" errors.
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October 27, 2025
Uncertainty Will Follow If $181M Verdict Is Axed, Fed. Circ. Told
Finesse Wireless LLC is urging the Federal Circuit to reconsider erasing its $181 million patent verdict against AT&T and Nokia, saying the court conflated regional law in a way that could cause "massive uncertainty."
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October 27, 2025
Whistleblower 'Horrified' By Novo Nordisk Drug Sales Tactics
The whistleblower behind a federal lawsuit accusing Novo Nordisk of paying kickbacks to doctors and patients as part of a scheme to drive sales of its hemophilia drug NovoSeven took the witness stand Monday, telling jurors she was "horrified" at how the drugmaker's marketing team targeted doctors.
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October 27, 2025
NC High Court Snapshot: Class Decertification Bids Abound
The North Carolina Supreme Court will kick off its October term with arguments by two airplane parts manufacturers seeking to revive their appeal in a failure-to-warn suit brought by the estates of victims killed in a Georgia plane crash.
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October 27, 2025
Defunct Biz Asks 3rd Circ. To Revive $100M Caterpillar Win
A defunct equipment importer asked the Third Circuit on Sunday to revive its $100 million contract interference damages award against Caterpillar and give it another shot at antitrust allegations accusing the company of orchestrating a boycott, arguing the district court botched key parts of the jury trial.
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October 27, 2025
Bros. Had No Fraud Intent In HIV Drug Scam, Fla. Jury Told
Two Maryland brothers accused of orchestrating a roughly $100 million misbranded HIV drug scheme told a Florida federal jury Monday they had no intent to defraud, saying they were deceived by a co-conspirator who they made a partner in their company.
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October 27, 2025
2nd Circ. Tosses Ex-Iconix CEO's Fraud Conviction
The Iconix Brand Group founder who was convicted of falsely inflating revenue by $11 million had his conviction overturned Monday by a Second Circuit panel that said he was subjected to double jeopardy.
Expert Analysis
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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9 Jury Selection Lessons From The Combs Trial
U.S. District Judge Arun Subramanian’s unusually thorough jury selection process for the trial of Sean Combs offers attorneys and judges a master class in using case-specific juror questionnaires and extended attorney-led voir dire to impanel better juries that produce more just outcomes, say Kevin Homiak at Wheeler Trigg and Leslie Ellis at The Caissa Group.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Traditional Venue Theories May Not Encompass Crypto Fraud
A New York federal court's recent decision in U.S. v. Eisenberg, overturning a jury verdict against a crypto trader on venue deficiencies and insufficient evidence, highlights the challenges of prosecutions in the decentralized finance space, and will no doubt curtail law enforcement's often overly expansive view of jurisdiction and venue, say attorneys at Venable.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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SDNY Ruling Reinforces Joint Steering Committee Obligations
The recent Southern District of New York decision in ChemImage v. Johnson & Johnson makes joint steering committees a valuable tool in strategic relationships, as provisions for such committees can now be wielded to demand attention to core issues, say Lisa Bernstein at the University of Chicago Law School, and Reginald Goeke and Brad Peterson at Mayer Brown.
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Fleeing Or Just Leaving Quickly? 2nd Circ. Says It Depends
The Second Circuit’s recent U.S. v. Bardakova decision adopted a new approach for determining whether a defendant who commits a crime in the U.S., and then leaves and remains abroad, intends to avoid prosecution — making it more difficult to argue against the fugitive disentitlement doctrine in most cases, say attorneys at MoloLamken.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Reel Justice: 'Eddington' Spotlights Social Media Evidence
In the neo-Western black comedy “Eddington” released last month, social media is a character unto itself, highlighting how the boundaries between digital and real-world conduct can become blurred, thereby posing evidentiary challenges in criminal prosecutions, says Veronica Finkelstein at Wilmington University School of Law.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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How To Successfully Challenge Jurors For Cause In 5 Steps
To effectively challenge a potential juror for cause, attorneys should follow a multistep framework rather than skipping straight to the final qualification question, says Ken Broda-Bahm at Persuasion Strategies.
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Criminal Healthcare Fraud Takeaways From 4th Circ. Reversal
After the Fourth Circuit reversed a doctor’s postconviction acquittal in U.S. v. Elfenbein last month, defense attorneys should consider three strategies when handling complex criminal healthcare matters, says Jonathan Porter at Husch Blackwell.