Trials

  • February 09, 2024

    Brown Prof Testifies That Fluoride IQ Studies Have Gaps

    A Brown University epidemiologist testified Friday on behalf of the U.S. Environmental Protection Agency in a bench trial over fluoride's risks Friday that there are data "gaps" in studies linking fluoride exposure to lower IQ, while acknowledging under cross-examination that he hadn't reviewed studies assessing the effects of high-dose fluoride exposure.

  • February 09, 2024

    Avery Dennison Won't Get New Trial After RFID Patent Loss

    An Oregon federal magistrate judge refused Friday to grant a new trial for Avery Dennison after a jury found it had infringed Adasa's patent on radio frequency identification tags, rejecting a laundry list of issues Avery Dennison outlined regarding the July trial.

  • February 09, 2024

    'Emergency' Judge Tapped In Ex-Hawaii DA Bribery Case

    An "emergency" magistrate judge has been appointed in the corruption case against former Hawaii prosecutor Keith Kaneshiro and five others set for trial next month after other magistrates recused themselves, according to court papers.

  • February 09, 2024

    Fla. Judge Won't Halt Alleged 'Payback' By Miami Official

    A Florida federal judge on Friday declined to issue an injunction against a Miami city commissioner who's accused of continuing his campaign of retaliation against two business owners despite a $63.5 million judgment against him for the same conduct, saying the proposed order is too vague.

  • February 09, 2024

    Skillz Wins $42.9M IP Trial Against Rival Accused Of Bot Fraud

    A California federal jury awarded mobile game platform Skillz $42.9 million Friday in its patent infringement fight against rival AviaGames, which is currently facing a criminal probe into its purported use of bots.

  • February 09, 2024

    Ex-Ill. Senator Detained Pending Trial After Ignoring Feds

    Former Illinois Sen. William "Sam" McCann was ordered into federal custody on Friday for failing to contact probation officers following his discharge from a hospital, where he underwent a procedure the same day he was scheduled to go to trial on campaign fund misuse charges.

  • February 09, 2024

    Texas Hilton Hotel Tells DOJ It Will Comply With ADA

    An Austin, Texas, hotel has inked an agreement with the federal government to train its staff to provide equal services to guests after a disabled woman complained about her alleged treatment to the U.S. Department of Justice.

  • February 09, 2024

    Atlanta Atty Keeps $1.15M Fee Award Despite Tossing Notes

    A Georgia state appellate court has upheld an award of $1.15 million in attorney fees to a solo-practice attorney, saying an Atlanta-based airport travel spa operator he did work for failed to show the trial court was wrong in finding the attorney didn't have to save notes about the legal services he provided.

  • February 09, 2024

    Conn. Justices Asked To Rule On McCarter Damages Dispute

    A Connecticut federal judge has granted McCarter & English LLP more than $680,000 in prejudgment interest after the firm's victory on claims a former client refused to pay legal fees in an underlying suit.

  • February 09, 2024

    NY Panel Rejects NYCLU Demand For Memos To State Judges

    A New York state appellate court said the state's court system is not bound to comply with a request by the New York Civil Liberties Union to disclose internal documents interpreting federal and state law that were sent to judges over the course of more than a decade.

  • February 08, 2024

    Texas Jury Clears Cloudflare, Axes Router Patent Claim

    San Francisco software company Cloudflare did not infringe a router patent owned by Sable Networks, a Texas federal jury determined Thursday, while also finding that Sable's asserted claim is invalid.

  • February 08, 2024

    $490M FCA Verdict Against Medical Distributor Cut In Half

    A Minnesota federal judge on Thursday chopped a $490 million False Claims Act verdict against an ophthalmology distributor for making kickbacks to doctors in half, finding the compensatory damages to be "notably severe" and "grossly disproportional" to the offense under the Excessive Fines Clause.

  • February 08, 2024

    Ex-Trump Aide Peter Navarro Can't Stay Free During Appeal

    A District of Columbia federal judge on Thursday refused to allow former White House adviser Peter Navarro to remain outside of prison while he appeals his sentence for refusing to comply with congressional subpoenas, rejecting Navarro's argument that his appeal raises a "substantial question of law" warranting his release.

  • February 08, 2024

    SEC Fights Hedge Fund Priest's Fee Bid After Mixed Verdict

    The U.S. Securities and Exchange Commission has urged a Massachusetts federal judge not to grant more than $1.7 million in attorney fees to a Greek Orthodox priest and hedge fund manager who fended off some of the agency's claims at trial, saying there is no justification for giving "adjudicated fraudsters money for their legal fees."

  • February 08, 2024

    Fed. Circ. Grapples Over Implying IP Success To Jury

    The Federal Circuit on Thursday tried to drill down on the impact of overlap between commercial success and industry praise when asking a jury to review factors that can overcome invalidating a patent as obvious.

  • February 08, 2024

    6th Circ. Affirms Most Of Ex-Pitcher's $450K Win In TM Case

    The Sixth Circuit on Thursday upheld most of a nearly $450,000 jury award for an ex-Major League Baseball pitcher in a trademark infringement case, but said $67,649 in punitive damages must be reconsidered under the correct legal standard.

  • February 08, 2024

    Ga. Judicial Watchdog Wants Probate Judge Ousted

    The long-running trial of a Georgia probate judge accused of violating the state's Code of Judicial Conduct on social media and jailing a woman seeking to amend her marriage record wrapped Thursday, with the head of the state's judicial watchdog arguing she should be removed from the bench.

  • February 08, 2024

    IP Forecast: 2nd Circ. To Hear TM Fight Over Whiskey Bottles

    The Second Circuit will consider whether a jury in the Southern District of New York was wrong to decide that the shape of bottles used by the Bulleit bourbon brand is distinctive enough to be protected by trademark law. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • February 08, 2024

    Ex-BigLaw Atty Tells Jury LaPierre Didn't Control NRA Board

    A former BigLaw partner was the latest National Rifle Association board member to testify in defense of the gun rights group at the New York attorney general's fraud trial, telling jurors Thursday that it's "just not true" that longtime CEO Wayne LaPierre had full power over NRA decisionmaking.

  • February 08, 2024

    Mass Shooting Survivor Loses $17M Judgment On Appeal

    A Texas appellate court has overturned a mass shooting victim's $17 million judgment she won against a restaurant after accusing one of its managers of not sufficiently intervening, ruling that the food joint can't be held to account because the manager wasn't found to have had a responsibility to control the shooter.

  • February 08, 2024

    Uber, Lyft Get May Trial Date In Mass. Worker Status Suit

    A lawsuit claiming Uber Technologies and Lyft Inc. break Massachusetts employment law by treating drivers as independent contractors rather than full-fledged employees will go to trial before a state judge in May.

  • February 08, 2024

    Monsanto Fights $2.25B Verdict After Philly Roundup Trial

    Monsanto is fighting a Philadelphia jury's explosive $2.25 billion rebuke of its Roundup weedkiller in a cancer lawsuit, claiming that the judge overseeing the case made a strong string of unfair rulings such as allowing "inflammatory" testimony and "abusive" cross-examination.

  • February 08, 2024

    Live Nation Worker Can Fight $5.5M Disputed Atty Fee

    A New York appeals court on Thursday sustained a breach of contract counterclaim in a suit over $5.5 million in attorney fees against Morelli Law Firm PLLC stemming from a Live Nation event worker's historic $20 million personal injury award.

  • February 08, 2024

    Seattle Hospital Owes $215K In Mold Suit, Jury Finds

    A Seattle jury awarded $215,000 Thursday to three families whose children were prescribed antifungal treatment after being potentially exposed to toxic mold at Seattle Children's Hospital, concluding a bellwether damages trial and rejecting plaintiffs' request for far more. 

  • February 08, 2024

    Alex Jones Atty Calls Infowars 'Nonsense' In $1.4B Appeal

    Arguing in front of the shooting victims' families and squarely calling his client's broadcasts "nonsense," a lawyer for Alex Jones told the Connecticut Appellate Court on Thursday that $1.44 billion was too high a price for the Infowars website host's claims that the Sandy Hook school massacre was a "hoax."

Expert Analysis

  • Industry Must Elevate Native American Women Attys' Stories

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    The American Bar Association's recent research study into Native American women attorneys' experiences in the legal industry reveals the glacial pace of progress, and should inform efforts to amplify Native voices in the field, says Mary Smith, president of the ABA.

  • How Color Psychology Can Help Tell Your Trial Narrative

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    Research shows that color is a powerful sensory input that affects memory and perception, so attorneys should understand how, when and why to use certain shades in trial graphics to enhance their narrative and draw jurors’ focus, says Adam Bloomberg at IMS Consulting.

  • Understanding Discovery Obligations In Era Of Generative AI

    Excerpt from Practical Guidance
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    Attorneys and businesses must adapt to the unique discovery challenges presented by generative artificial intelligence, such as chatbot content and prompts, while upholding the principles of fairness, transparency and compliance with legal obligations in federal civil litigation, say attorneys at King & Spalding.

  • Asserting 'Presence-Of-Counsel' Defense In Securities Trials

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    As illustrated by the fraud trial of FTX founder Sam Bankman-Fried, defense attorneys in securities trials might consider arguing that counsel had some involvement in the conduct at issue — if the more formal advice-of-counsel defense is unavailable and circumstances allow for a privilege waiver, say Joseph Dever and Matthew Elkin at Cozen O'Connor.

  • Why Criminal No-Poach Cases Can Be Deceptively Complex

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    Mark Rosman at Wilson Sonsini discusses the reasons many criminal no-poach cases that appear simple are actually more complicated than they seem, following several jury trial acquittals and two dismissed cases.

  • The Case For Post-Bar Clerk Training Programs At Law Firms

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    In today's competitive legal hiring market, an intentionally designed training program for law school graduates awaiting bar admission can be an effective way of creating a pipeline of qualified candidates, says Brent Daub at Gilson Daub.

  • Attorneys Have An Ethical Duty To Protect The Judiciary

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    The tenor of public disagreement and debate has become increasingly hostile against judges, and though the legislative branch is trying to ameliorate this safety gap, lawyers have a moral imperative and professional requirement to stand with judges in defusing attacks against them and their rulings, says Deborah Winokur at Cozen O'Connor.

  • Ga. Appeal Shows Benefits Of Questioning Jury Instructions

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    A Georgia Court of Appeals’ October decision, holding a trial court erred in using pattern jury instructions that refer to a long-repealed standard of evidence, underscores the importance of scrutinizing language in established jury instructions and seizing the opportunity to push back against outdated patterns, say attorneys at Troutman Pepper.

  • AI Can Help Lawyers Overcome The Programming Barrier

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    Legal professionals without programming expertise can use generative artificial intelligence to harness the power of automation and other technology solutions to streamline their work, without the steep learning curve traditionally associated with coding, says George Zalepa at Greenberg Traurig.

  • Preparing Law Students For A New, AI-Assisted Legal World

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    As artificial intelligence rapidly transforms the legal landscape, law schools must integrate technology and curricula that address AI’s innate challenges — from ethics to data security — to help students stay ahead of the curve, say Daniel Garrie at Law & Forensics, Ryan Abbott at JAMS and Karen Silverman at Cantellus Group.

  • How Social Media Can Affect Trial Outcomes

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    With social media’s ability to seize upon an issue and spin it into a specifically designed narrative, it is more critical than ever that a litigation communications strategy be part of trial planning to manage the impact of legal action on a company's reputation, say Sean Murphy and Steve Wood at Courtroom Sciences.

  • General Counsel Need Data Literacy To Keep Up With AI

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    With the rise of accessible and powerful generative artificial intelligence solutions, it is imperative for general counsel to understand the use and application of data for myriad important activities, from evaluating the e-discovery process to monitoring compliance analytics and more, says Colin Levy at Malbek.

  • Young Thug Case Spotlights Debate Over Lyric Admissibility

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    A Georgia court’s recent ruling, allowing prosecutors to use some of rapper Young Thug’s lyrics in his conspiracy trial, captures the ongoing debate about whether rap lyrics are admissible, with courts often stretching the boundaries of the federal evidence rules, say Amy Buice at Smith Gambrell and Emily Ward at Continuum Legal Group.

  • Opinion

    Prosecutors Must Choose Wisely When Enforcing Rule Of Law

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    When considering charging a person for a crime, prosecutors must choose when to enforce the rule of law, and comparing the Donald Trump election case with the gun and drug charges against Hunter Biden can teach a lot about deciding which cases to pursue, says former Connecticut judge Thomas Moukawsher.

  • Navigating Discovery Of Generative AI Information

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    As generative artificial intelligence tools become increasingly ubiquitous, companies must make sure to preserve generative AI data when there is reasonable expectation of litigation, and to include transcripts in litigation hold notices, as they may be relevant to discovery requests, say Nick Peterson and Corey Hauser at Wiley.

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