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Trials
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December 02, 2024
Girardi Won't Get New Fraud Trial Despite Memory Claims
A California federal judge on Monday denied Tom Girardi's bid for a new trial after a jury found he misappropriated $15 million worth of client settlement funds, standing by a prior assessment that the disbarred attorney was "exaggerating" symptoms of mild cognitive impairment.
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December 02, 2024
Trial Begins In Trader Joe's Vendor's Fight With Poultry Supplier
Employees of a poultry producer cracked vulgar jokes about the quality of the meat while packaging raw chicken tainted with bone fragments, a Washington-state grocery store vendor told a federal jury on Monday, blaming the meatpacker for the demise of the Chili Lime Chicken Burgers previously made exclusively for Trader Joe's.
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December 02, 2024
Fed. Circ. Questions Reynolds' Bid To Undo $95M Patent Loss
The Federal Circuit probed R.J. Reynolds' challenge to a $95 million damages award against it for infringing Philip Morris' vape patents, questioning Monday the company's argument that the amount was not supported by the evidence.
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December 02, 2024
Monsanto PCB Jury Is Told Cancer Link Isn't Solid
A longtime Monsanto PCB expert told a Washington state court jury Monday that there is no solid evidence that the once-ubiquitous chemicals cause cancer in humans, saying "a cancer death here, a cancer death there" isn't conclusive.
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December 02, 2024
Government Mole Faces Tough Cross From Madigan's Atty
An attorney for former Illinois House Speaker Michael Madigan got his chance Monday to question the ex-Chicago alderman who recorded his client while cooperating with the government, pushing him to admit that Madigan never explicitly conditioned his support on legal business for his law firm or told the alderman to vote against developers who didn't hire him for tax work.
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December 02, 2024
Judge OKs Fla. Law Firm's $229K Fee In Chiquita MDL
A Florida federal judge on Monday approved a fee of more than $229,000 to a law firm for its work in reaching a settlement in the long-running multidistrict litigation over Chiquita Brands International Inc.'s funding of Colombian paramilitaries following a recommendation from a magistrate.
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December 02, 2024
Ga. DNA Testing Law Hinders Death Row Inmates, Suit Says
A Georgia law governing DNA testing used in capital crime cases is unconstitutional because it allows courts to decide whether death row inmates are using bids to reopen evidence as a means to delay their execution, according to a federal lawsuit.
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December 02, 2024
Biden's Pardon Is Another Blow To Special Counsel Probes
President Joe Biden's pardon of his son over the weekend marks the latest example of a special counsel investigation fizzling and raises doubts over the future use of such probes, which can drag on for years and cost taxpayers millions of dollars.
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December 02, 2024
ByteDance Says Ex-Worker Can't Avoid Counterclaims
TikTok's parent company, ByteDance, says a former engineer shouldn't be able to dodge its counterclaims in a dispute stemming from his termination, arguing that just because he wants to drop his allegations doesn't mean those counterclaims are moot.
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December 02, 2024
DOJ, AGs Back Block Of ESPN Sport Streaming JV At 2nd Circ.
The Justice Department and a group of Democratic state attorneys general are backing a lower court injunction against a sports-only streaming service from ESPN, Fox and Warner Bros. Discovery, telling the Second Circuit the sports giants can't claim they have a right to refuse dealing with rivals after joining forces.
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December 02, 2024
Trial Date Set In 3-Way Fight Over Historic Ohtani Baseball
A trial is now scheduled for one of two Florida state lawsuits to decide which of three baseball fans legally owns a home run ball hit by superstar Shohei Ohtani that was later auctioned off for $4.39 million.
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December 02, 2024
Ex-Soccer Boss Fears He'll Die While Fighting Conviction
The ailing former president of the Brazilian soccer federation urged a New York federal judge to rule on his petition to have his FIFA bribery conviction overturned, telling the court Monday that he could die before a scheduled January hearing on the issue.
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December 02, 2024
Judge Trims Berkshire Unit's $20M Antitrust Trial Loss By 10%
A Colorado federal judge has rejected an effort by a Berkshire Hathaway-owned construction supplier to reverse a jury verdict against it for monopolistic practices, but agreed to trim a $20 million judgment by nearly 10% to prevent a potentially "expensive retrial."
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December 02, 2024
Ohio Patrol Trims But Can't Ax Ex-Cop's $2.7M Bias Verdict
An Ohio federal judge on Monday trimmed a $2.7 million verdict handed to a gay former cop who said she was forced to resign out of animosity for her sexual orientation, finding that while some of her damages needed to be capped, there wasn't any need for a new trial.
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December 02, 2024
Ex-Palo Alto Engineer Fights Fraud Conviction At 9th Circ.
A former Palo Alto Networks engineer urged the Ninth Circuit on Monday to overturn his securities fraud conviction and 18-month prison sentence, arguing that he didn't have a personal relationship with the tipper and so there isn't sufficient evidence to show he traded off of insider information.
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December 02, 2024
Pool Co. Says Rival CEO Fled To China To Duck Paying $16M
A bankrupt Chinese pool parts supplier has been accused by an American competitor of going to great lengths to skirt a $16 million false advertising and unfair business practices judgment in continued violation of court orders, including allegedly funneling assets and allowing its owner to flee to China.
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November 27, 2024
Google Wants 9th Circ. To Undo Play Store Ruling In Epic Row
Google has pressed the Ninth Circuit to reverse an injunction forcing it to allow third-party app distribution on its Play Store, arguing that the lower court's ruling will "directly undercut Google's efforts to compete against Apple and the iPhone."
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November 27, 2024
Full Fed. Circ. Urged To Set Tighter Rules On Patent Damages
Numerous major companies and industry groups have asked the full Federal Circuit to rule that district judges must carefully scrutinize expert testimony seeking large damages in patent cases and exclude unreliable opinions, rather than allowing juries to decide how much weight to give them.
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November 27, 2024
Comcast Foe Warns Fed. Circ. About Patent Testimony Ruling
A small California tech company is arguing that a Federal Circuit panel created a "rigid new rule" when a panel majority upheld a decision rejecting so-called "because I said so" trial testimony from the company's expert in patent infringement litigation against Comcast's Xfinity app.
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November 27, 2024
Combs Remains Jailed As 4th Judge Declines To Free Mogul
A Manhattan federal judge declined Wednesday to sign off on a restrictive, $50 million bail package for Sean "Diddy" Combs, following three other judges who refused to order the mogul accused of violent sex-trafficking set free pending trial.
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November 27, 2024
Weinstein Accuses NYC Of Medical Neglect At Rikers
A lawyer representing disgraced film producer Harvey Weinstein said Wednesday that his client is suing New York City and its agencies for allegedly failing to provide adequate medical care at its Rikers Island jail complex and subjecting him to "cruel and unusual punishment" while he awaits a new trial on sexual assault charges.
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November 27, 2024
Ford Can't Throw Out $13M IP Verdict, InterMotive Says
California-based vehicle technology supplier InterMotive Inc. has urged a Michigan federal judge not to touch a $13 million verdict it won after a jury found Ford profited from the misappropriation of a trade secret related to its interface module, saying the jurors made their decision based on sufficient evidence.
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November 27, 2024
Menendez Says Evidence Error Means Automatic New Trial
Former Sen. Bob Menendez told a federal judge Wednesday that it's "unavoidable" that he is owed a new trial after prosecutors' recent admission that they gave jurors evidence that had been excluded.
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November 27, 2024
Attys, Insurance Broker Seek Appeal In $22M Tax Scheme
Two attorneys and an insurance agent plan to appeal to the Fourth Circuit their convictions in a criminal case that accused them of participating in a $22 million tax avoidance scheme, according to Wednesday filings in North Carolina federal court.
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November 27, 2024
Better, Faster, Stranger: What Attys Think Of Our AI Future
Law firms are increasingly embracing the use of artificial intelligence, wary of its limitations but enchanted by its potential to transform the practice of law through smaller headcounts and cheaper litigation.
Expert Analysis
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IP Ruling Likely To Limit Arguments Against Qualified Experts
The Federal Circuit's recent decision in Osseo v. Planmeca, clarifying when experts may offer testimony from the perspective of a skilled artisan, provides helpful guidance on expert qualifications and could quash future timing arguments regarding declarants' expertise, says Whitney Jenkins at Marshall Gerstein.
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Navigating 4th Circ.'s Antitrust Burden In Hybrid Relationships
The U.S. Supreme Court recently declined to review the Fourth Circuit's Brewbaker decision, a holding that heightens the burden on antitrust prosecutors when the target companies have a hybrid horizontal-vertical relationship, but diverges from other circuits, say attorneys at Troutman Pepper.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Opinion
Justices Should Squash Bid To Criminalize Contract Breaches
In Kousisis v. U.S., the U.S. Supreme Court should reject the sweeping legal theory that breaches of contract can satisfy the property element of the mail and wire fraud statutes, which, if validated, would criminalize an array of ordinary conduct and violate basic constitutional principles, say attorneys at The Norton Law Firm.
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Mitigating Defamation Liability Risks Of AI-Generated Content
Until Congress and the courts provide clear guidance about defamation liability stemming from generative artificial intelligence tools, companies should begin building controls to prevent the creation of defamatory content, says Michael Gerrity at Accenture.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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FTC Focus: Zeroing In On Post-Election Labor Markets
The presidential election and the push-and-pull of the administrative state's reach are likely to affect the Federal Trade Commission's focus on labor markets, including the tenor of noncompete rule enforcement, say attorneys at Proskauer.
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Purse-Case Scenarios: 'MetaBirkin' Appeal Tests TM Rights
A federal court's finding that "MetaBirkin" nonfungible tokens infringed on Hermes' iconic Birkin bag imagery is now on appeal in the Second Circuit, and the order will have a lasting effect on how courts balance trademark rights and the First Amendment, say attorneys at Venable.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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8 Tech Tips For Stress-Free Remote Depositions
Court reporter Kelly D’Amico shares practical strategies for attorneys to conduct remote depositions with ease and troubleshoot any issues that arise, as it seems deposition-by-Zoom is here to stay after the pandemic.
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How AstraZeneca Ruling Could Change Dosage Patent Claims
If affirmed on appeal, the rationale employed by the Delaware federal court in Wyeth v. AstraZeneca to find "unit dosage"-related patent claims invalid could lead to a significant paradigm shift in how active-ingredient-focused patent applications are drafted and litigated, say Matthew Zapadka and John Schneible at Arnall Golden.
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4 Ways Attorneys Can Emotionally Prepare For Trial
In the course of litigation, trial lawyers face a number of scenarios that can incite an emotional response, but formulating a mental game plan in advance of trial can help attorneys stay cool, calm and collected in the moment, says Rachel Lary at Lightfoot Franklin.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Deepfakes In Court Proceedings: How To Safeguard Evidence
The legal community can confront the risks that deepfake technology poses to the integrity of court proceedings by embracing the latest detection technologies, developing comprehensive legal frameworks and fostering education and collaboration, say Daniel Garrie and Jennifer Deutsch at Law & Forensics.
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Presidential Campaign Errors Provide Lessons For Trial Attys
Vice President Kamala Harris’ presidential campaign employed numerous strategies that evidently didn’t land, and trial attorneys should take note, because voters and jurors are both decision-makers who are listening for how one’s case presentation would affect them personally, says Reuben Guttman at Guttman Buschner.