Trials

  • October 11, 2024

    Spex Expert Pushed On Differences In Western Digital's Drives

    Western Digital's counsel on Friday challenged a Spex Technologies expert witness on his testimony that Western Digital's drives lift Spex's data encryption patent, showing California federal jurors that the drives in question don't allow for the type of communication contemplated by Spex's invention.

  • October 11, 2024

    Apple Judge OKs New Schedule But Pans 'Burden' To Court

    A California federal judge Friday issued an order in antitrust litigation against Apple that permits the plaintiffs and the tech giant to push out discovery deadlines, but said the change "shifts the burden to the court," so they'll have to prepare for trial "with or without" rulings on filed motions.

  • October 11, 2024

    Judge Awards $2.4M For Crash Sparked By Military Explosives

    A Washington federal judge on Friday awarded $2.4 million to a couple who sued after the husband was seriously injured in a 2016 motorcycle accident in a thick cloud of smoke from a brush fire sparked by explosives detonated by National Guard soldiers on a training exercise.

  • October 11, 2024

    Apple Watch Patents Dodge Ax As Masimo Jury Trial Nears

    A Delaware federal judge has refused to invalidate Apple Inc.'s smartwatch patents being challenged by health technology company Masimo Corp. ahead of this month's jury trial over whether the tech behemoth infringed Masimo's pulse oximetry technology patents.

  • October 11, 2024

    Boston Bomber Says Judge's Praise For Jury DQs Him

    A Massachusetts federal judge's public comments praising the jury that delivered a conviction and death sentence for Boston Marathon bomber Dzhokhar Tsarnaev disqualify him from reviewing alleged juror misconduct, the defendant's lawyers said in a filing unsealed Friday.

  • October 11, 2024

    J&J Should Pay $30M For Developer's Cancer, Conn. Jury Told

    Attorneys for a western Massachusetts real estate developer on Friday urged a Connecticut jury to award $30 million for past and future suffering to a lifelong Johnson & Johnson baby powder user diagnosed with mesothelioma, but the company's attorneys suggested $4 million was a more reasonable figure while contesting liability whatsoever.

  • October 11, 2024

    Judge Doubts FTX Alum Needs Further Dog Bite Recovery

    A Manhattan federal judge has denied a bid from former FTX executive Ryan Salame to further postpone the start of his 7½-year prison sentence, saying he had already benefited from "extremely generous" delays, and agreeing with prosecutors that Salame appeared to have largely recovered from a dog bite that he said he suffered in June.

  • October 11, 2024

    DC's Amazon Antitrust Suit Gets January 2027 Trial Date

    The District of Columbia attorney general's newly revived antitrust lawsuit against Amazon will go to trial in January 2027, a D.C. judge decided Friday.

  • October 11, 2024

    Stellantis Defeats Utah Class Cert Bid In Gearshift MDL

    A Michigan federal judge declined to certify a class of Utah drivers seeking to hold Stellantis North America liable for defective gearshifts in certain Dodges, Chryslers and Jeeps, reasoning that each of the claims would have to be evaluated to determine if drivers noticed issues in the vehicles but purchased or leased them nonetheless.

  • October 11, 2024

    Michigan Tech Wants New Trial In Prof's Pregnancy Bias Case

    Michigan Technological University has asked a judge to toss a jury verdict in favor of a former professor in a pregnancy discrimination case, saying evidence related to the professor's theory that the college was planning to deny her tenure should have been kept out of trial.

  • October 11, 2024

    Subcontractor Owes Travelers $325K For Hotel Work Deal

    A Travelers unit is entitled to recover $325,000 for payments made against its surety bonds to settle a general contractor's claims that a subcontractor abandoned work on an Idaho hotel, a Washington federal court ruled, finding the subcontractor liable under an indemnity agreement with Travelers.

  • October 11, 2024

    Weinstein Charges Should Be Combined For Retrial, DA Says

    Prosecutors asked a New York state court judge to consolidate Harvey Weinstein's 2018 rape indictment with newly filed sexual assault charges ahead of his retrial, panning the former Hollywood producer's "creative" arguments for separate trials.

  • October 11, 2024

    Xcel, Colo. Co-Op Reach Deal To End Power Plant Appeal

    Xcel Energy and a Colorado electric cooperative have told an intermediate state appellate court that they've reached a settlement in principle to avoid further appeals of a $26 million jury verdict against Xcel in a fight over the closure of a power plant.

  • October 11, 2024

    Lin Wood Slams Ga. Atty Fee Statute As Unconstitutional

    Retired Georgia attorney L. Lin Wood has doubled down on his argument that a state law violates the state and U.S. constitutions by favoring plaintiffs in awarding attorney fees, urging a Georgia federal judge to let him escape paying his former law partners' fees after they won a $3.75 million defamation verdict.

  • October 11, 2024

    RTX Warned By Judge Over 'Troubling' Settlement Delay

    A Massachusetts federal judge on Friday chided RTX for slow-walking the finalization of a settlement the defense contractor struck with a Connecticut company just before trial in a trade secrets dispute.

  • October 11, 2024

    'Bloodsport' Poaching Case To Mediate After Disputed Verdict

    An exasperated Boston federal judge on Friday talked two rival medical aesthetic device companies into a round of mediation with a magistrate judge to see if they could wrap up the fiercely litigated poaching case that's already resulted in a contested eight-figure verdict.

  • October 10, 2024

    Chutkan OKs Redacted Immunity Evidence In Trump Case

    The D.C. federal judge overseeing the case that charges Donald Trump with scheming to subvert the 2020 election results will allow the public disclosure of some evidence related to the issue of his potential immunity, but will give the former president time to challenge the disclosure.

  • October 10, 2024

    Western Digital Lifted Spex's Data Security IP, Expert Says

    Western Digital's My Book and Ultrastar storage devices infringe features in Spex Technologies' data security patent, including hardware encryption and a means of allowing a host computer to request and receive information from the device once it's plugged in, an expert witness testified during the infringement trial Thursday in California federal court.

  • October 10, 2024

    Wash. Judge Condemns Monsanto's Bid To Delay PCB Trial

    A Washington state judge grew frustrated on Thursday with Monsanto's eleventh-hour attempt to shelve a PCB poisoning tort headed to trial next week until the state Supreme Court weighs in on a similar case, calling out the chemical giant for taking stances on "both sides of the fence" about the stakes on appeal.

  • October 10, 2024

    IP Forecast: 5G Patent Case Spells Deja Vu For EDTX

    A patent suit against a Chinese phone company will go before a new federal jury in the Eastern District of Texas after the judge scrapped the original $10.6 million verdict against it as excessive. Here's a spotlight on that case — plus all the other major intellectual property matters on deck in the coming week.

  • October 10, 2024

    Chef Hit With $4.5M Award For Defaming, Harassing Worker

    A Cook County, Illinois, jury has awarded a former employee of the now-shuttered Chicago restaurant Acadia $4.5 million in damages after he accused his ex-boss of targeting him through a systematic internet harassment campaign.

  • October 10, 2024

    Most Appian Claims Survive In Pegasystems Defamation Fight

    A Massachusetts federal judge has allowed most counterclaims from business software company Appian Corp. to proceed against rival Pegasystems Inc., which accused its competitor in a lawsuit of making deliberately malicious statements and representations regarding a trade secret case the parties are litigating in Virginia.

  • October 10, 2024

    Tobacco Cos. Push To Move Dozens Of Cases Out Of Boston

    Several tobacco companies asked a Massachusetts judge Thursday to send more than 30 pending liability cases to other venues in the state, arguing that the plaintiffs have no ties to Suffolk County and that the volume of cases is burdening judges in the Boston courthouse.

  • October 10, 2024

    5th Circ. Says ISP Liable For Piracy But Orders Damages Redo

    The Fifth Circuit has concluded that a Texas federal court correctly upheld a jury verdict finding internet service provider Grande Communications Networks LLC is liable for the willful contributory copyright infringement of 1,403 songs from several record labels but ordered that the nearly $47 million in damages be recalculated.

  • October 10, 2024

    Teva To Pay $450M To Settle Kickback Cases

    Pharmaceutical giant Teva will pay $450 million to settle allegations it violated the False Claims Act by fixing the prices of several generic drugs and by raising the price of a multiple sclerosis treatment while covering Medicare recipients' copays, civil prosecutors said Thursday.

Expert Analysis

  • State Of The States' AI Legal Ethics Landscape

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    Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.

  • 11th Circ. Kickback Ruling May Widen Hearsay Exception

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    In a $400 million fraud case, U.S. v. Holland, the Eleventh Circuit recently held that a conspiracy need not have an unlawful object to introduce co-conspirator statements under federal evidence rules, potentially broadening the application of the so-called co-conspirator hearsay exception, say attorneys at ArentFox Schiff.

  • 8 Childhood Lessons That Can Help You Be A Better Attorney

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    A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.

  • Opinion

    Barrett Is Right: Immunity Is Wrong Framework In Trump Case

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    Justice Amy Coney Barrett’s concurrence in Trump v. U.S., where the majority opinion immunized former presidents almost entirely from criminal prosecution for official actions, rests on a firmer constitutional foundation than the majority’s immunity framework, says Matthew Brogdon at Utah Valley University.

  • Opinion

    This Election, We Need To Talk About Court Process

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    In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.

  • Series

    Playing Diplomacy Makes Us Better Lawyers

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    Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.

  • Applying High Court's Domestic Corruption Rulings To FCPA

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    After the U.S. Supreme Court narrowed the domestic corruption statutes in three decisions over the past year and a half, it’s worth evaluating whether these rulings may have an impact on Foreign Corrupt Practices Act enforcement, and if attorneys can use the court’s reasoning in international bribery cases, says James Koukios at MoFo.

  • Mental Health First Aid: A Brief Primer For Attorneys

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    Amid a growing body of research finding that attorneys face higher rates of mental illness than the general population, firms should consider setting up mental health first aid training programs to help lawyers assess mental health challenges in their colleagues and intervene with compassion, say psychologists Shawn Healy and Tracey Meyers.

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • Using Primacy And Recency Effects In Opening Statements

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    By understanding and strategically employing the primacy and recency effects in opening statements, attorneys can significantly enhance their persuasive impact, ensuring that their narrative is both compelling and memorable from the outset, says Bill Kanasky at Courtroom Sciences.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • Antitrust Issues To Watch Amid Google Ad Tech Trial

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    Regardless of the outcome of the U.S. Department of Justice's advertising technology antitrust suit against Google in Virginia federal court, matters ranging from market definition to unified pricing will likely have far-reaching implications for the digital advertising industry, competition and innovation, say attorneys at Holland & Knight.

  • 6 Tips For Trying Cases Away From Home

    Excerpt from Practical Guidance
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    A truly national litigation practice, by definition, often requires trying cases in jurisdictions across the country, which presents unique challenges that require methodical preparation and coordination both within the trial team and externally, say Edward Bennett and Suzanne Salgado at Williams & Connolly.

  • How NLRB Memo Balances Schools' Labor, Privacy Concerns

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    Natale DiNatale at Robinson & Cole highlights the recent National Labor Relations Board advice memorandum that aims to help colleges reconcile competing obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act as university students flock toward unionization.

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