Trials

  • December 12, 2019

    New York Court Certifies Appeal In GM Ignition Switch Claims

    The multibillion-dollar question of whether General Motors owes car owners for lowering the value of their vehicles by revealing a deadly defect is headed to the Second Circuit, after the New York federal judge overseeing a sprawling multidistrict litigation against the auto giant agreed to fast-track the issue.

  • December 12, 2019

    Trucking Co. To Pay $18M Over Employee's Fatal Roof Fall

    A Texas jury on Wednesday awarded $18 million — including $10 million in punitive damages — to the widow of a trucker and handyman who died after falling through a rotting roof where his employer had asked him to replace translucent skylight panels.

  • December 12, 2019

    9th Circ. Affirms Ex-Mercedes Worker's $5M Disability Verdict

    The Ninth Circuit affirmed a nearly $5 million jury verdict against Mercedes-Benz of Seattle for firing a finance director who received a prosthetic voice box after undergoing surgery for throat cancer, rejecting the dealership's claim it deserved a new trial because the award was overly punitive.

  • December 12, 2019

    Pa. Jury Fries Egg Price-Fixing Conspiracy Claims

    A Pennsylvania federal jury on Thursday rejected claims that the nation’s second-largest egg producer conspired with two industry groups in an anti-competitive scheme to reduce the supply of egg-laying hens and inflate commodity prices for grocery stores.

  • December 11, 2019

    Jury Told Patent Typo Shouldn't Get Kite Off $752M Hook

    Kite Pharma shouldn't be allowed to "exploit" a simple typo to "kill" a valuable cancer patent, a lawyer for Juno Therapeutics and Sloan Kettering told a California jury during closings Wednesday, arguing that Kite infringed the patent and owes $752 million in damages.

  • December 11, 2019

    Ford Aware Of PowerShift Issues Before 2014 Lease, Jury Told

    A former Ford engineer told a California federal jury Wednesday that the carmaker knew its PowerShift transmission had safety issues long before a Los Angeles couple leased a 2014 Ford Focus with shuddering and stalling problems.

  • December 11, 2019

    Oracle's Pay Unequal By Up To $800M, Economist Testifies

    Oracle underpaid female, Asian and African American employees, a University of Pennsylvania labor economist testified on Wednesday in an administrative trial over the U.S. Department of Labor's gender and race pay equity claims, estimating that damages stemming from the underpayment could reach up to $800 million.

  • December 11, 2019

    Justices Urged To Revisit Nixed $7.1M Baby Injury Award

    The U.S. Supreme Court has been asked to review a Fourth Circuit ruling that threw out a $7.1 million bench award in a suit accusing a federally employed doctor of botching a newborn’s treatment and causing brain damage.

  • December 11, 2019

    Sprint/T-Mobile Trial Judge Weighs Harm Claim Of $4B-$8B

    A Manhattan federal judge on Wednesday questioned the lead economics expert for a coalition of states challenging T-Mobile's proposed merger with Sprint, hearing claims that consumers could suffer billions in harm from a lack of competition in the U.S. wireless market.

  • December 11, 2019

    Coca-Cola Loses Battle For Juice Seller's Publicity Rights

    The heirs of juice-maker Hubert Hansen, not Coca-Cola, own the rights to his publicity, a California judge has ruled, setting up a jury trial to determine if the beverage giant improperly used the name and image of the long-deceased juice purveyor and any damages.

  • December 11, 2019

    Pathologist Testifies He Found J&J Talc In Woman's Ovary

    A retired Harvard pathologist told a St. Louis jury on Wednesday he found talcum powder particles, likely Johnson & Johnson baby powder, in tissue taken from the ovary of a woman who claims J&J’s talc caused her ovarian cancer.

  • December 11, 2019

    Sandy Hook Victim Families Get 2021 Trial Date Vs. Remington

    Attorneys for the families of Sandy Hook victims on Wednesday said a September 2021 trial date has been set in their suit against Remington over how the gunmaker marketed the Bushmaster AR-15 used in the attack.

  • December 11, 2019

    Ex-Novartis Exec Denied More Atty Fees In Whistleblower Row

    A New Jersey state judge let stand Wednesday a roughly $1.4 million attorney fees award to counsel for a former Novartis executive who prevailed on her whistleblower claim, rejecting her lawyers’ bid for more money and the company’s attempt to scale back the amount.

  • December 11, 2019

    Greyhound Hit With $20M Verdict For Fatal Bus Collision

    A Texas jury found Wednesday that Greyhound Lines Inc. must pay $20 million to the parents of a 25-year-old man killed by a bus in 2017.

  • December 10, 2019

    Ex-Kite CEO Undermines Testimony Of Pharma Co.'s Founder

    Contradicting testimony from Kite Pharma founder Arie Belldegrun, the company's former CEO conceded under questioning in a California federal trial Tuesday that a meeting Belldegrun had with a Sloan Kettering executive was about potentially licensing a cancer immunotherapy patent it's now accused of infringing.

  • December 10, 2019

    Ford Buyers Kick Off 2nd Lemon Law Trial Over PowerShift

    Ford violated California's lemon law by refusing to buy back a Focus with transmission problems, a California jury heard during openings Tuesday, kicking off the latest trial in multidistrict litigation over its PowerShift transmission following the carmaker's $64,000 trial loss last month.

  • December 10, 2019

    Female Engineer Says Oracle Fired Her After Pay Pushback

    A female engineer formerly employed by Oracle testified Tuesday in an administrative trial over the U.S. Department of Labor's claim that Oracle underpaid women and minorities by $400 million, saying that after she requested a salary review, her manager yelled at her, passed her over for promotion and eventually fired her.

  • December 10, 2019

    Pa. Jury Told Egg Price 'Scheme' Driven By Grocer Demand

    What a string of major grocery chains say was a scheme to jack up egg prices through an industry program to reduce the number of egg-producing hens was actually a product of their own demand for improved animal welfare, a Pennsylvania federal jury heard during closing statements in a six-week antitrust trial on Tuesday.

  • December 10, 2019

    Telekom Execs Deny Less Competition Was Aim In Sprint Deal

    Top Deutsche Telekom executives denied Tuesday that a long-standing rationale for the merger of Sprint and T-Mobile was to reduce price competition in the U.S. wireless market, disputing claims by a coalition of states challenging the tie-up in New York federal court.

  • December 10, 2019

    Exxon Win Casts Doubt On Climate Securities Fraud Suits

    Exxon Mobil Corp.'s resounding victory over New York's allegations that it duped investors about the climate change-related risks to its business shows that government officials and investors will have a tough time using securities laws to pursue climate-related suits against energy companies.

  • December 10, 2019

    Hover Toys Intrude On Flying Toy Patent, Jury Hears

    A former longtime business partner of Spin Master Ltd., one of the largest toy companies in North America, laid out for a jury on Tuesday its claims that the Canadian company infringed its patents relating to hover toys, after the Federal Circuit vacated an earlier win for Spin Master.

  • December 10, 2019

    Pa. Jury Awards $6.3M Over Patient’s Fatal Heart Attack

    A Pennsylvania state jury has awarded $6.3 million in a suit accusing a cardiologist of failing to diagnose a man’s heart disease, which caused him to suffer a fatal heart attack while jogging, attorneys for the man’s estate announced.

  • December 10, 2019

    AMC To Blame For 'Walking Dead' Stuntman's Death, Jury Told

    AMC's failure to follow safety procedures on "The Walking Dead" led to a stuntman's death in an on-camera fall from a balcony, an attorney for the stuntman's mother told a Georgia jury Tuesday, while AMC's counsel countered that the accident was the unfortunate result of a mistake by the stuntman.

  • December 10, 2019

    7th Circ. Affirms Caterpillar Equipment Seller's Loss In TM Suit

    The Seventh Circuit has upheld a trademark infringement finding against a Caterpillar equipment dealer but refused to expand a five-year injunction that requires the dealer to issue disclaimers spelling out that it's not affiliated with a similarly named company.

  • December 10, 2019

    Expert Tells Chancery ETE Gained Big On $11B Regency Deal

    An energy industry expert testified in Delaware's Chancery Court on Tuesday that Energy Transfer Equity LP absorbed the lion's share of future benefits from an allegedly unfair $11 billion merger of Regency Energy Partners LP and an ETE affiliate, which left Regency's former public unitholders short.

Expert Analysis

  • When Conjoint Analysis Is Not Enough For A Damage Model

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    While some plaintiffs seeking to demonstrate classwide damages in consumer fraud actions can support damage models with conjoint surveys, they are sometimes not enough to provide the fair market value of a good or service and should be supplemented by additional steps or alternative models, says Douglas McNamara at Cohen Milstein.

  • Strategies To Maintain Privilege In Crisis Response Scenarios

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    In several recent cases, courts have overridden claims that attorney-client privilege applies to communications with public relations firms in connection with litigation and to documents generated in internal investigations, but businesses can use several best practices to avoid the potential risk of waiving privilege, say attorneys at Ropes & Gray.

  • Rigid Compliance May Not Deter Employment Litigation

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    A recent study of jury verdicts and awards in employment actions offers a stark reminder for employers that compliance with federal employment discrimination laws is essential, but it can't protect against state law claims, which generally result in higher jury awards than federal court cases, says Matthew Tyrrell at SFNR.

  • 3 Strategies To Manage Case Scope In ANDA Patent Litigation

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    To avoid spending considerable time and resources defending against many patents and claims in Hatch-Waxman Act litigation, abbreviated new drug applicants can seek a claim-narrowing framework, oppose consolidation of later-filed cases involving newly issued patents, and determine representative claims for estoppel purposes, say attorneys at Axinn.

  • Beware Litigating Construction Disputes In Remote Locations

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    Failure to negotiate a forum selection clause for a construction project in a remote location can limit strategic choices with respect to judges, specialty courts and counsel, should a conflict arise, says Mary Bacon of Spencer Fane.

  • How To Ward Off Nonclient Suits Over Lawyers' Speech

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    Because lawyers are often sued by nonclients based on public statements they have made, lawyers should be trained to avoid potentially actionable statements when speaking and writing, and they should also understand the overarching defenses against such lawsuits, says Matthew O’Hara at Freeborn & Peters.

  • Calif. Plaintiffs May Prefer State Court For Trade Secret Claims

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    Compared to federal court, there are considerable advantages to filing trade secret claims in California’s state courts, and doing so will also enable the federal Defend Trade Secrets Act to serve its intended purpose of allowing American businesses to pursue foreign defendants in our federal courts, says Dylan Wiseman of Buchalter.

  • When Contract Enforcement Should Defer To Plaintiff Rights

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    The California Court of Appeal's recent decision in Handoush v. Lease Finance Group casts into doubt the enforceability of forum selection and choice-of-law contract provisions where their enforcement would deprive litigants of fundamental rights, such as the right to a jury trial, says Peter Selvin at TroyGould.

  • What Is A 'Reasonably Useful Form' For Production Of ESI?

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    While federal rules require production of electronically stored information in its native format or a "reasonably useful form," recent court rulings offer guidance on avoiding production of ESI in its native format when it would be unduly burdensome, say Matthew Hamilton and Donna Fisher at Pepper Hamilton.

  • Patent Decision Highlights Cross-Appeal Considerations

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    The Federal Circuit's recent decision in IPR Licensing overruled precedent to hold that the cross-appeal rule is not jurisdictional, demonstrating the complexity of this seemingly simple rule and its various applications within the circuit courts, says Michael Soyfer at Quinn Emanuel.

  • What NY And Mass. Exxon Climate Suits Mean For Other Cos.

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    New York state's securities fraud case against Exxon Mobil over its public stance on climate change has some weaknesses, but Massachusetts' climate-related suit against the company on consumer protection grounds should lead other companies to consider their exposure to such claims, says Alana Rusin of Goulston & Storrs.

  • Major Patent Venues Diverge On Source Code Review Rules

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    Recent decisions and standard orders in patent case-heavy federal courts that have developed local rules governing the review of source code in software patent infringement cases provide important guidance on whether, how and when a plaintiff must amend its infringement contentions after source code review, says Ken Fung of Fisch Sigler.

  • The Mitigation Defense Tool Your Employment Case May Need

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    As many employment litigators have trouble arguing that a plaintiff failed to adequately mitigate damages, defense attorneys should consider working with a vocational expert that can provide a fact-based analysis of a plaintiff’s missed opportunities, say Dawn Solowey and Lynn Kappelman at Seyfarth.

  • 2nd Circ. Fraud Decision Offers Lessons For FX Dealers

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    The Second Circuit's recent affirmation of an ex-HSBC foreign exchange trader's wire fraud conviction in U.S. v. Johnson importantly distinguishes between prehedging and front-running, and together with the 2017 FX Global Code, helps establish several best practices for FX trading activity and oversight, says consultant David Buchalter.

  • What Fed. Circ. Columbia Case Means For Design Patents

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    The Federal Circuit’s recent ruling in Columbia Sportswear v. Seirus makes clear that design patent infringement must be tried to a jury where factual disputes exist that could inform an ordinary observer’s overall impression of a design, say attorneys at Morgan Lewis.