Trials

  • August 16, 2019

    FilmOn Exec Escorted From Court Over Continued Outbursts

    As jury selection dragged through a fourth day Friday, the California state judge overseeing the sexual harassment case against FilmOn founder Alki David again threatened the billionaire with criminal contempt after another outburst toward his accuser's attorney Lisa Bloom resulted in the bailiff escorting him from the courtroom.

  • August 16, 2019

    Jury Clears Colo. Atty In Injury Settlement Fee Dispute

    A federal jury has found that a Colorado attorney did not defraud a California lawyer out of hundreds of thousands of dollars in contingency fees for helping a couple reach a multimillion-dollar personal injury settlement in 2016.

  • August 16, 2019

    Mount A Killer Cross-Exam With These 4 Tactics

    Every trial attorney knows a case can hinge on their cross-examination of a key witness, and courtroom veterans say the way to sway a jury is to take your adversary's best efforts and turn them around to make them work in favor of your client.

  • August 16, 2019

    Weil's Bid To Intervene In Insys Conflict Faces Opposition

    The new firm representing a convicted Insys Therapeutics sales director told a Boston federal judge Friday that Weil Gotshal & Manges LLP should not be allowed to intervene in his case after the executive accused Weil of improperly representing him and the company at the same time.

  • August 16, 2019

    Chemo MDL Patients Shred Sanofi Bid To Delay Bellwether

    Plaintiffs pursuing multidistrict litigation against several drug companies over their alleged failure to warn cancer patients of the “devastating” permanent hair loss caused by the chemotherapy drug Taxotere have heaped criticism on defendant Sanofi’s attempt to delay a first bellwether trial scheduled to start in weeks.

  • August 16, 2019

    Skadden Attys, Democratic Pollster Take Stand In Craig Trial

    Prosecutors sought to draw connections for a D.C. federal jury Friday between ex-Skadden partner Gregory Craig and a public relations campaign for a report Craig wrote seven years ago about a politically motivated prosecution in Ukraine.

  • August 16, 2019

    Texas Doctors’ Trial Win Upheld In Brain Injury Suit

    A Texas appeals court has cleared two physicians in a suit accusing them of causing brain injuries to a woman that left her in a vegetative state, saying the patient’s daughter failed to meet a high burden of proof that applies to emergency treatment cases.

  • August 16, 2019

    Fed. Circ. Backs Sanofi Cancer Drug IP Win, Delaying Generic

    A Delaware federal court rightly upheld two patents covering Genzyme’s cancer medication Mozobil and stopped Zydus from moving forward with a generic version, the Federal Circuit said Friday.

  • August 16, 2019

    L’Oreal Must Pull Products At Center Of Patent Fight For Good

    A Delaware federal judge ordered cosmetics giant L’Oreal on Friday to stop making and selling hair color products that violate patents held by California-based Olaplex LLC, permanently extending a temporary ban imposed during a two-year intellectual property spat.

  • August 16, 2019

    Sprint Tells Fed. Circ. Time Warner Must Pay $145M IP Award

    Sprint has urged the Federal Circuit not to delay a $145 million patent infringement judgment against Time Warner, telling the court that the cable giant offered scant evidence that it would be burdensome to pay Sprint while Time Warner looks to the U.S. Supreme Court to take up the case.

  • August 16, 2019

    Md. High Court Tosses $3.7M Jury Award In Suit Against EMTs

    Maryland's highest court on Friday found that Baltimore emergency medical technicians who provided care for a heart attack patient who later died were not grossly negligent and are afforded immunity under state law, effectively tossing a jury's $3.7 million award.

  • August 16, 2019

    Golf Bag Maker Taking Home $12M After Drama-Filled IP Saga

    Shuttered golf company King Par Golf Inc. owes its former rival Izzo Golf Inc. more than $12 million for infringing its bag patent, a New York federal judge has ruled, almost 10 years after King Par’s owner stashed the company’s money in a personal bank account and declared bankruptcy.

  • August 15, 2019

    FilmOn Exec's Outbursts Bleed Harassment Trial Jury Pool

    A Los Angeles judge overseeing a sexual harassment case against FilmOn founder Alki David dismissed nearly a dozen prospective jurors who said the billionaire's outbursts the day before "shocked," "appalled" or otherwise biased them, drawing objections from the accuser's attorney Lisa Bloom that David was being "rewarded for bad behavior."

  • August 15, 2019

    3 States Where Tort Reform Battles Are Heating Up

    The never-ending tort reform war between trial attorneys and pro-business advocates is set to ramp up in the fall ahead of new legislative sessions in Florida, Georgia and Missouri, where lawmakers will decide whether juries can hear if injured motorists were wearing seat belts or be told of “phantom damages” charged by health care providers. Here, Law360 looks at three states where tort reform efforts are likely to heat up.

  • August 15, 2019

    Trial-Heavy Fall Will Test FCPA Unit, Shape Law

    Prosecutors from the U.S. Department of Justice's Foreign Corrupt Practices Act unit are set to try six cases this October, an unprecedented boom that will require prosecutors to multitask and may give courts more chances to interpret foreign-bribery law.

  • August 15, 2019

    Va. Justices Say Driver Can't Reduce $1.5M Negligence Verdict

    The Virginia Supreme Court ruled Thursday that a motorist ordered to pay $1.5 million in damages for causing another motorist’s serious injuries can’t have the award offset by $750,000 the injured driver received from her insurance company under an underinsured motorist policy.

  • August 15, 2019

    Damages Cut Again For Ex-PPG Scientist Who Sought Retrial

    A former PPG Industries scientist who risked a second trial over damages after a judge reduced her payout in a gender discrimination lawsuit will walk away with less than half the money she had previously been awarded for emotional distress, with a Pennsylvania jury saying she should receive only $125,000.    

  • August 15, 2019

    Pa. Justices To Mull Which Damages Can Be Retried

    The Supreme Court of Pennsylvania agreed Wednesday to reexamine when a court can order a new trial focused solely on damages, after Duquesne Light Co. claimed a trial judge was wrong to order a do-over for all damages in a suit by a construction worker maimed by an electric shock and the worker said an appellate court erred in examining the jury's award piece by piece.

  • August 15, 2019

    Ex-Skadden Atty Chose Reputation Over Truth, Gov't Says

    Six years ago, then-Skadden partner Gregory Craig had a choice: lie to federal officials about his work for the Ukrainian government, or tell the truth and risk hurting his stellar reputation as a former White House counsel and rule-of-law advocate.

  • August 15, 2019

    J&J Talc Wasn't Dusty Enough To Cause Cancer, Jury Told

    An epidemiologist told a New Jersey jury Thursday that four people claiming asbestos from Johnson & Johnson’s talcum powder caused their mesothelioma weren’t exposed to enough of it to link their terminal disease to the product, pointing to studies showing not even talc miners working in "high concentrations" of the dust developed the ailment.

  • August 15, 2019

    Houston Hospital Can't Ax Doc's $6.4M Defamation Award

    A Texas appellate court on Thursday affirmed a $6.4 million jury verdict in favor of a cardiothoracic surgeon who alleged he was defamed by a whisper campaign launched by officials with Memorial Hermann Health System after he moved his practice.

  • August 15, 2019

    Mass. Jury Awards $21M To Family Of Smoker

    A Massachusetts jury awarded $21 million Wednesday to the family of a longtime Marlboro smoker, even while disagreeing with one of the pillars of the family’s case — that Philip Morris had allegedly distributed free cigarette packs to the man when he was a minor through its 1970s-era Marlboro Summer Sampling Program.

  • August 15, 2019

    $31M Verdict Reversed In Navistar Engine Defect Suit

    A Tennessee appeals court has reversed a $31 million judgment against Navistar Inc. in a suit alleging that it sold faulty trucks to a trucking company, finding that the trucks did not count as "goods" under Tennessee's consumer protection law.

  • August 14, 2019

    Tobacco Cos. To Blame For 50-Year Addiction, Jury Hears

    A Florida state court jury heard opening arguments Wednesday over the lung cancer death of a Florida man who had smoked multiple packs of cigarettes a day for nearly 50 years, with his widow's lawyer saying Philip Morris and R.J. Reynolds induced an unshakable addiction by hiding information about cigarettes' dangers.

  • August 14, 2019

    Mo. High Court Reinstates Doctor's Med Mal Win

    The Missouri Supreme Court has reinstated a defense verdict in a suit accusing a doctor of causing a newborn’s death through negligent use of a “vacuum extractor,” saying the trial judge did not improperly prevent plaintiff’s counsel from posing a certain question to prospective jurors.

Expert Analysis

  • Crisis Messaging To Protect Law Firm Brand And Bottom Line

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    When crises occur, such as data security incidents or gender bias suits, a well-prepared law firm has a thoroughly tested communications plan at the ready, which ensures the firm is the most proactive news source, prevents the crisis from escalating and notifies stakeholders about mitigation efforts, says Zach Olsen at Infinite Global.

  • Unique Spoliation Considerations In Construction Litigation

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    In the context of construction litigation, stakeholders often must balance the need to perform repairs to a property against the risk of destroying relevant evidence, as demonstrated in a Minnesota Court of Appeals case from earlier this year, says Mark Shifton of Seiger Gfeller.

  • Perspectives

    What You Should Know About Courtroom Closures

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    At attorney Greg Craig’s trial in D.C. federal court this week, the courtroom was cleared so prospective jurors could answer sensitive questions. Even seasoned litigators were left wondering about the nature of this subtle, yet significant, issue involving Sixth Amendment public trial rights, says Luke Cass at Quarles & Brady.

  • Chancery Decision Demonstrates When To Skip Appraisal

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    The Delaware Chancery Court's Appraisal of Jarden opinion shows that stockholders should seek out appraisal proceedings arising from mergers with caution, and consider a fiduciary duty action based on an inadequate sales process if the buyer is a strategic buyer, say Michael Maimone and Joseph Schoell at Drinker Biddle.

  • Series

    Why I Became A Lawyer: A Seaweed Scientist's Odyssey

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    In the early 1980s, I was working on my Ph.D. in marine biology and ecology. As part of an international team of scientists studying oil spill impacts on marine ecosystems, I saw a niche opportunity to combine science and law, says Andrew Davis of Shipman & Goodwin.

  • How To Counter Jury Reliance On Plaintiff's Damages Ask

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    Years of interviewing jurors and observing deliberation show that the amount juries award in damages is almost always influenced by the amount of the plaintiff's demand, but there are three ways defense counsel can combat this anchoring effect, says Christina Marinakis at Litigation Insights.

  • US V. Craig And The Criminalization Of Nondisclosure

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    A D.C. federal court's recent decision in United States v. Greg Craig highlights important points about the contours of a concealment charge under the false statements statute — under which silence can be criminal — and indicates that deliberate engagement with a governmental unit can itself impose a duty to disclose, say Eric Nitz and Emily Damrau of MoloLamken.

  • 5th Amendment Strategy For Parallel Civil, Criminal Litigation

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    Whenever there is any prospect of criminal liability in civil litigation — as in the recent cases against Harvey Weinstein and former Theranos executives — it is important for both sides to understand the consequences of a party or key witness choosing to assert Fifth Amendment privilege, says Joshua Robbins at Greenberg Gross.

  • Opinion

    Clients Benefit From Law Firm Expense Growth

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    Although there continue to be corporate clients who are seduced by the idea that cheapest is always best when it comes to outside counsel, there are many negative implications on service delivery that result from myopically focusing only on cost reduction at the expense of quality and innovation, says Keith Maziarek at Katten Muchin.

  • Opinion

    Changing Ethics Rules Is Key To Law Firm Innovation

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    As demonstrated by the California bar proposal to allow nonlawyers to invest in law firms, we can change the legal ethics rules in a way that protects clients while permitting firms to innovate and serve clients better, say Todd Richheimer of ​​​​​​​Lawfty and Peter Joy of Washington University Law School.

  • Witness For The Prosecution: A Smart Speaker?

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    Several recent criminal cases involving evidence potentially recorded on smart devices, like the Amazon Echo or Google Home, may signal a coming conflict between government and law enforcement agencies seeking access to information essential to solving crimes and technology companies seeking to preserve the privacy of customer records, says David Moser of Isaac Wiles.

  • National Coordinating Counsel: Key To Virtual Mass Tort Team

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    The national coordinating counsel is at the helm of both the design and execution of the virtual law team, providing case leadership and subject matter expertise, and ensuring consistency and efficiency throughout a mass tort litigation, say attorneys at Sidley Austin and FaegreBD.

  • 7 New Remand And Removal Tricks

    Excerpt from Lexis Practice Advisor
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    New and improved strategies based on recent case law can bring good fortune to removal and remand practice, helping land a client's case in the desired state or federal court, says Jim Wagstaffe at Wagstaffe von Loewenfeldt.

  • From Roundup To Oatmeal: New Trends In Glyphosate Suits

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    Over the past year, three juries have rendered multimillion- and even multibillion-dollar verdicts in favor of plaintiffs alleging that exposure to the herbicide glyphosate gave them cancer. But a new wave of claims asserting that food products have failed to disclose trace amounts of glyphosate faces significant challenges in court, say attorneys at Crowell & Moring.

  • Series

    Judging A Book: Castillo Reviews 'Raising The Bar'

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    A timely new book, “Raising the Bar: Diversifying Big Law," is one of the first honest assessments of the challenging battleground for people of color at large law firms, and I hope that firm management committee members read it, says U.S. District Judge Rubén Castillo of the Northern District of Illinois.