Trials

  • April 01, 2020

    Ex-Dolphins Player's 3rd Trial Bid Against Team Doctor Axed

    A Florida appeals court rejected former Miami Dolphins star Otis "O.J." McDuffie's bid for a third trial in a medical malpractice suit accusing an ex-team doctor of causing his career-ending injury, saying Wednesday that the trial judge’s evidentiary decisions were sound.

  • April 01, 2020

    Justice Delayed: Coronavirus Halts Opioid, Cancer Trials

    The novel coronavirus has brought jury trials to a standstill in one of the pandemic’s most immediate blows to the legal sector, including court battles over whether Johnson & Johnson and Bayer products cause cancer and the New York attorney general’s effort to hold drugmakers liable for the opioid crisis. Here’s a look at some of the highly anticipated trials that are on pause.

  • April 01, 2020

    2nd Circ. Told DEA Testimony Dooms Iran Missile Dealing Trial

    A former electrical engineer convicted of trying to sell surface-to-air missiles and military aircraft parts to the Iranian government on Wednesday asked the Second Circuit to vacate his conviction and order a new trial, saying the lower court erred in allowing government agents to comment on the defendant's credibility.

  • April 01, 2020

    Latham Snags Williams & Connolly Litigator In DC

    Latham & Watkins has hired a Williams & Connolly litigation partner with subspecialties in trade secrets, copyright and finance for its Washington, D.C., office.

  • April 01, 2020

    Pfizer Gets Rival's Epinephrine Injection Patent Killed

    Belcher Pharmaceuticals LLC's attempt to hold a Pfizer Inc. unit responsible for patent infringement with its new epinephrine injector Abboject failed this week, when U.S. District Judge Leonard P. Stark instead invalidated the company's patent following a bench trial.

  • April 01, 2020

    Fed. Circ. Won’t Restore $1.3M CBS Podcast Patent Verdict

    The full Federal Circuit on Wednesday said it won’t reconsider a panel decision refusing to reinstate a $1.3 million verdict against CBS involving a podcasting patent invalidated in inter partes review after the verdict came down.

  • April 01, 2020

    Theranos Judge Rips 'Tone' Of Attys' Pandemic-Related Filing

    A California federal judge on Wednesday took issue with the "tone" of a request by ex-Theranos CEO Elizabeth Holmes' counsel to let them violate shelter-in-place orders to prepare for her upcoming trial, saying it wasn’t necessary and they should have had a “rational discussion” instead of filing a proposed order.

  • April 01, 2020

    Texas Justices Unify Deadlines For COVID Extensions

    The Texas Supreme Court on Wednesday delayed service deadlines and paused the statute of limitations in civil cases until June 1, just a few days after a broad coalition of attorneys pled for uniformity as state courts reacted differently to the COVID-19 pandemic.

  • April 01, 2020

    Professor Gets 2021 Trial Date In Huawei IP Theft Case

    A Brooklyn federal judge set a 2021 trial date Wednesday for a Chinese professor accused of conspiring with tech giant Huawei Technologies Co. Ltd. to steal information from a California semiconductor startup, building in time for COVID-19 delays.

  • April 01, 2020

    2nd Circ. Rejects Sheldon Silver's Bid To Delay Sentencing

    The Second Circuit rejected former New York State Assembly Speaker Sheldon Silver’s bid to put off his resentencing on corruption charges while he takes his case to the U.S. Supreme Court, saying Wednesday his arguments have little chance of success.

  • March 31, 2020

    Ga. Court Partly Revives Suit Over Missed Brain Aneurysm

    A Georgia appeals court has largely rejected a patient's new trial bid in a suit accusing a hospital of causing catastrophic injuries by failing to diagnose her brain aneurysm, but said one issue laid out by the Georgia Supreme Court must be resolved by the trial court.

  • March 31, 2020

    PNC's Legal Bills Are Off-Limits In Assault Case, Bank Says

    PNC Bank told a New Jersey court Tuesday that a former wealth manager who won $2.4 million after being attacked by a customer has no right to see billing records from two PNC-hired law firms as she prepares a motion to recover legal fees.

  • March 31, 2020

    Convicted Mortgage Broker Sues Ex-Atty For Sleeping At Trial

    A Pennsylvania man convicted of brokering millions of dollars in fraudulent mortgages sued his former attorney in state court Monday, claiming that Stanton Levenson had violated their contract by sleeping through parts of the 2016 trial.

  • March 31, 2020

    Indivior Again Fails To Dodge Feds' Opioid Marketing Case

    A Virginia federal judge on Tuesday refused to dismantle a criminal case accusing Indivior of fraudulently marketing opioid addiction drug Suboxone Film, finding the federal government's wire fraud allegations were up to snuff.

  • March 31, 2020

    Ex-Theranos CEO Wants Trial Prep OK'd Amid Pandemic

    Former Theranos CEO Elizabeth Holmes told a Northern California federal judge that preparing for her upcoming trial means travel, meetings and serving up to 100 subpoenas — actions she says the judge should deem essential in light of various local orders telling people to stay indoors.

  • March 31, 2020

    Law Firm Pay Cuts, Layoffs Will Likely Multiply

    As Cadwalader pauses partner distributions and cuts staff pay and Pryor Cashman furloughs associates, a slew of other firms are likely to follow suit as the legal industry goes into crisis mode to weather the economic storm caused by COVID-19.

  • March 31, 2020

    Texas Court Upholds Firm's $480K Fee Win In Contract Spat

    A Texas appellate court on Tuesday affirmed a $480,000 jury verdict for law firm Ashby LLP against a former client that had tried to block enforcement of a 40% contingency fee agreement.

  • March 31, 2020

    Feds Defend $3.6B Emissions Violation Order At 8th Circ.

    The federal government has told the Eighth Circuit that Ameren Corp. violated the Clean Air Act when it upgraded its coal plant without installing emissions controls and that a lower court was right to order the company to install controls at two plants at a potential cost of $3.6 billion.

  • March 31, 2020

    Columbia Univ. Can't Close The Book On ERISA Class Action

    A New York federal judge has given Columbia University workers a green light to move ahead with a class action accusing the school of mismanaging their retirement savings, saying there were too many factual disputes to justify tossing the suit without going to trial.  

  • March 31, 2020

    SFO's Unaoil Bribery Trial Hit By Fresh COVID-19 Delays

    The trial in London of three men accused of bribing an Iraqi public official will remain on hold because of the coronavirus pandemic, with a decision on how to complete Britain’s biggest ongoing corruption case expected next week, the Serious Fraud Office said Tuesday.

  • March 30, 2020

    Father-Son Investors Owe $93M For Bankrupting Energy Co.

    A Missouri federal judge entered a $93 million judgment Friday against a father-son investment duo who a jury found forced the bankruptcy of a company that makes anti-corrosive coatings for oil pipelines so they could take its intellectual property.

  • March 30, 2020

    Ex-Soccer Boss Gets Early Prison Release Amid Virus Fears

    A New York federal judge on Monday granted former Brazilian soccer federation president Jose Maria Marin an early release from prison, citing in part his health risks amid the COVID-19 pandemic.

  • March 30, 2020

    Atty Must Face Malpractice Claims Over Botched-Surgery Suit

    A Pennsylvania appeals court ruled Monday that an attorney’s trial win on behalf of a woman who had a surgical sponge left inside her doesn’t shield him from claims that he mishandled a second case over another sponge discovered years later.

  • March 30, 2020

    Monsanto Wants To Erase $265M Dicamba Verdict

    Bayer-owned Monsanto wants a federal court to erase a $265 million verdict handed down by a jury that heard claims that farmers’ use of the weedkiller dicamba hurt crops on nearby farms, telling a Missouri federal judge on Friday that the liability argument the jury accepted was unprecedented.

  • March 30, 2020

    Kolcraft Can't Get More Damages In 2nd Playpen Patent Suit

    A $3.2 million verdict won by Kolcraft Enterprises in an earlier patent dispute over a playpen patent precludes it from relitigating damages in a second patent lawsuit it has filed against Chicco USA Inc., an Illinois federal judge has ruled.

Expert Analysis

  • Calif. Ruling Further Weakens Employee Seating Claims

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    The Los Angeles Superior Court’s recent decision that cashiers' job attributes don’t allow them to sit in LaFace v. Ralphs Grocery should strengthen retailers' defenses against suitable seating claims, and give plaintiffs pause over whether, after their sixth straight loss, they are viable, say attorneys at Paul Hastings.

  • Confronting The Challenges Of Virtual Mediation

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    Conducting mediation via videoconference amid the ongoing pandemic poses significant challenges, including the difficulty of reading people when you are not with them in person. Daniel Garrie at JAMS shares six tips to overcome the limitations.

  • Coronavirus Will Have Lasting Impact On Juror Worldviews

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    Months from now, when making decisions about how to treat corporations, jurors will remember how they are being treated today amid the COVID-19 crisis. While this presents a challenge for many corporations, it also presents something of an opportunity, say Sherry Salmons and Alison Wong at Salmons Consulting.

  • 3 Steps To Building Effective Teams While On Lockdown

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    When your team is working from different locations due to the COVID-19 outbreak, don’t default to just sending emails. Collaboration is much easier when team members are also communicating in real time over the phone or through videoconferences, say William Oxley and Meghan Rohling Kelly at BakerHostetler.

  • Opinion

    Pa. Asbestos Ruling Ignores Science And Hurts Defendants

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    The Supreme Court of Pennsylvania's recent decision in Roverano v. John Crane Inc., holding that asbestos diseases are incapable of apportionment, is unfortunate for defendants, as it disregards numerous scientific studies and the role of juries in asbestos cases, say Gregory McNamee and Erin Miter Scanlon at Goldberg Segalla.

  • Client Advocacy Tips For Remote Hearings During COVID-19

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    As the judiciary implements telephone and video hearings in response to the coronavirus pandemic, attorneys can deliver effective advocacy by following certain best practices, such as using backup materials and specially preparing witnesses and exhibits, say attorneys at Fish & Richardson.

  • How To Conduct Depositions Remotely

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    Remote depositions are a useful tool for meeting discovery deadlines while allowing all parties to stay at home amid the COVID-19 outbreak. But they come with a unique set of challenges, say Eliot Williams and Daniel Rabinowitz at Baker Botts. 

  • A Guide To Zealously Representing Clients During COVID-19

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    The American Bar Association's Model Rules of Professional Conduct require lawyers to be zealous advocates for clients' interests, but how do these rules apply in this unprecedented time of COVID-19? Anne Lockner at Robins Kaplan offers some pointers.

  • The 1918 Flu Pandemic And High Court Jurisprudence

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    The five U.S. Supreme Court opinions related to the 1918 to 1919 flu pandemic make an eclectic mix, some hardly pertinent anymore and others, sadly, dealing with issues that could be litigated today, says Mark Jensen at Nutter.

  • 7 Ways Attys Can Create The Right Home Office Environment

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    In the midst of this health crisis when lawyers are working from home with their loved ones around all day, practitioners need to ensure their “home” and “office” settings coexist without one trumping the needs of the other, says Luciana Fragali at Design Solutions.

  • What Online Jury Trials Could Look Like

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    Remote jury trials, provisioned in the new $2 trillion COVID-19 relief bill, would strangely accomplish what courts have always aspired to be — a forum where fact-finders evaluate the evidence without extraneous influence of attorneys, witnesses and other personalities, says Richard Gabriel at Decision Analysis.

  • 10 E-Discovery Challenges Caused By COVID-19

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    The COVID-19 crisis will continue to affect e-discovery long after we overcome this pandemic. When litigation and investigations reengage and courts start moving their schedules forward, these concerns will need to be addressed, say David Kessler and Andrea D'Ambra at Norton Rose.

  • How COVID-19 Will Affect Litigation In NY And Beyond

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    Due to the coronavirus outbreak and government response, New York state and federal courts are taking measures that are slowing the pace of litigation, cutting down on in-person court proceedings, and delaying trial dates and deadlines, and the impact on litigation does not stop here, say attorneys at Patterson Belknap.

  • Compiling Written Discovery In NY Employment Bias Cases

    Excerpt from Lexis Practice Advisor
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    With a focus on the New York Civil Practice Law and Rules’ procedures, Brian Pete and Andrew Williamson at Lewis Brisbois guide employer attorneys on gathering written discovery in single-plaintiff discrimination cases brought under the New York state and New York City Human Rights Laws.

  • Florida Private Trials An Attractive Option During COVID-19

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    As Florida’s already overcrowded court system grinds to a halt during the COVID-19 pandemic, and will surely be stretched beyond its limits when it reopens, business litigants may wish to consider voluntary trial resolution as an alternative to state court litigation, say James Gassenheimer and Nicole Levy Kushner at Berger Singerman.

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