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Trials
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July 24, 2025
5th Circ. Tells School District To Rehire Fired Worker
The Fifth Circuit said an ex-maintenance worker who won his wrongful termination suit against a school district should be reinstated, faulting the lower court for finding that he couldn't be given a job because his previous position had been filled.
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July 23, 2025
Deleted Data, Juror DQ Heat Up Tesla Fatal Crash Trial
A Tesla software engineer had no explanation for how autopilot data about a fatal Florida Keys crash was permanently deleted or moved, in a deposition shown to jurors Wednesday that capped off two days of trial that also saw a juror removed over social media posts about Tesla CEO Elon Musk.
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July 23, 2025
Texas Jury Says Verizon Owes $175M For Infringing 2 Patents
A federal jury Wednesday found that Verizon infringed a pair of wireless communications patents owned by Headwater Research, putting the telecommunications company on the hook for $175 million in damages.
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July 23, 2025
Meta Grabs Menstrual App Users' Data For Ads, Jury Told
Meta collected sensitive medical information using the Flo Health menstrual cycle app and used that information to sell targeted ads, a computer security expert told a California jury Wednesday in a multibillion-dollar privacy class action brought on behalf of 13 million women.
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July 23, 2025
9th Circ. Clarifies Bored Ape NFTs Are Trademarkable Goods
The Ninth Circuit issued a significant ruling for digital asset creators Wednesday finding that Yuga Labs' Bored Ape Yacht Club nonfungible tokens are protectable "goods" under federal law, while also reversing Yuga Labs' $8 million summary judgment win and ruling that a jury must decide whether rival NFTs confuse consumers.
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July 23, 2025
3rd Circ. Backs Off 2nd Look At Class Action Fraud Sanction
The Third Circuit has reissued an opinion upholding the conviction of a man accused of defrauding shareholder settlement funds, but saying it should not have previously ordered the lower court to potentially increase the $31 million judgment against the man.
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July 23, 2025
Amazon Shoppers Protest Proposed 'Mini-Trial' On Class Cert.
Consumers are fighting Amazon's bid for an evidentiary hearing in parallel antitrust suits before a Washington federal judge decides a pending class certification motion, insisting the company has had plenty of time to vet key opinions from the plaintiffs' economics expert.
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July 23, 2025
Operators Of Streaming Site Jetflicks Sentenced Up To 7 Years
Five people convicted last year of running an illegal streaming website called Jetflicks have been sentenced by a Nevada federal judge, with one receiving seven years in prison and three others receiving shorter terms.
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July 23, 2025
Split Conn. High Court OKs Eyewitness ID In Armed Robbery
Connecticut's Supreme Court has narrowly ruled that in the case of a masked armed robbery at a Smashburger, though a victim may have been scared, high, not wearing glasses and directed toward a suspect, her identification of the perpetrator was reliable.
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July 23, 2025
Apple Tells 9th Circ. Birthright Ruling Scraps Epic's Injunction
Apple Inc. told the Ninth Circuit on Tuesday that the U.S. Supreme Court's recent ruling in litigation challenging President Donald Trump's birthright citizenship executive order means that a nationwide injunction and civil contempt order in Epic Games Inc.'s antitrust case over Apple's App Store policies cannot stand.
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July 23, 2025
Mass. Justices Order 2nd Look At Murder Testimony
A Massachusetts judge who presided over a 2020 murder trial abused his discretion by relying on the opinion of law enforcement officers about the credibility of a witness with potentially exculpatory testimony rather than hear from him directly, the state's highest court said Wednesday.
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July 23, 2025
5th Circ. Finds Enclave Doctrine Blocks Asbestos Claims
The Fifth Circuit has held that the federal enclave doctrine blocks the bulk of a military family's claims in a suit alleging their housing at Randolph Air Force Base had mold and asbestos, while affirming a $91,000 damages award against the housing managers.
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July 23, 2025
Ex-SDNY Civil Rights Unit Chief Joins Boies Schiller
A former high-ranking federal prosecutor in Manhattan who oversaw the recent criminal trial of Sean "Diddy" Combs has joined Boies Schiller Flexner LLP as a partner in its New York office, the firm announced Wednesday.
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July 22, 2025
FCA Draws Heavy Constitutional Fire After $1.6B J&J Verdict
Reeling from a record fraud verdict tied to drug promotion practices, Johnson & Johnson is pursuing a sweeping constitutional challenge to the False Claims Act, and in filings this week at the Third Circuit, major industry allies rallied behind its views of whistleblower litigants usurping executive branch power.
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July 22, 2025
Meta And Menstrual App Maker Violated Privacy, Users Testify
Five named plaintiffs testified Tuesday in a 13 million-member class action alleging Meta and Flo Health illegally collected their private health information and used it for ad targeting, telling a California federal jury considering the multibillion-dollar suit that they never gave permission for data from the menstrual-tracking app to be shared.
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July 22, 2025
Convicted Crypto Hacker Used Tornado Cash To Aid Coverup
A former Amazon engineer who was sentenced to three years in prison after admitting to stealing approximately $12 million from cryptocurrency exchanges testified Tuesday that he used Tornado Cash as part of a complex scheme to cover his hacking activities, as the trial of its co-founder entered its second week.
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July 22, 2025
Sandoz Loses 'Nonsense' Bid To Avoid DOJ Deal In AGs' Case
A Connecticut federal judge has given dozens of state attorneys general a small but important win in a sprawling price-fixing litigation against generic-drug makers, applying previous admissions of criminal wrongdoing and flatly rejecting "ridiculous" efforts by Sandoz, Taro Pharmaceuticals and a former Sandoz official to avoid that application.
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July 22, 2025
Sandals Owes Longtime Ad Partner $50K In Copyright Trial
Resort giant Sandals owes nearly $50,000 to a former, longtime, advertising partner for copyright infringement regarding 33 photos and videos, a Florida federal judge ruled Monday following a bench trial, but found that over 600 other claimed works don't qualify for damages.
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July 22, 2025
CME E-Trading Was Open Before Data Center, Jury Hears
Chicago Mercantile Exchange members were using electronic trading connectivity tools alongside nonmembers and paying equal access fees for at least a decade before the exchange opened a data center that some members alleged violated their contractual floor exclusivity and access rights, an Illinois jury heard Tuesday.
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July 22, 2025
Fla. Woman Gets 30 Months For Nearly $1M Student Aid Fraud
A Florida woman was sentenced to 30 months in prison after pleading guilty to fraud-related charges for her role in a years-long scheme enrolling fake students in low-cost colleges to steal almost $1 million in federal financial aid from the U.S. Department of Education, the U.S. Department of Justice announced Tuesday.聽
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July 22, 2025
Zynga PTAB Win Upheld As Fed. Circ. Finds No 'Shenanigans'
The Federal Circuit on Tuesday upheld the Patent Trial and Appeal Board's invalidation of an IGT gambling patent challenged by mobile game maker Zynga, saying the board did not engage in unlawful "shenanigans" by reviewing the patent after an earlier dispute between the parties.
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July 22, 2025
Civil Rights Org. Backs 2nd Suit Over Tariffs, In Texas
The New Civil Liberties Alliance is representing two businesses and a trade association in Texas federal court in a suit filed on Monday against the federal government 鈥 the second suit the alliance has taken on to fight President Donald Trump's emergency tariffs.
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July 22, 2025
Maxell Seeks Boost To $112M Patent Award, Samsung Hits Back
Maxell Ltd. has asked a Texas federal judge to enhance a $112 million jury verdict and permanently bar Samsung from infringing patents covering functions in personal electronics, while Samsung said the verdict should be thrown out as a matter of law.
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July 22, 2025
Judge OK To Make Own ID Of Bank Robber, 9th Circ. Rules
A San Diego bank robber did not have his right to a fair trial violated when the judge trying his case used her own judgment to identify him as the person shown committing the crimes in surveillance video, the Ninth Circuit ruled Tuesday.
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July 22, 2025
4th Circ. Backs Medicaid Fraud Conviction, 17-Year Sentence
A North Carolina lab owner lost his bid Tuesday to overturn his healthcare fraud conviction after the Fourth Circuit found evidence against him to be sufficient and the terms of his sentence reasonable.
Expert Analysis
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If Justices Accept, Maxwell Case May Clarify Meaning Of 'US'
If the U.S. Supreme Court agrees to take up Ghislaine Maxwell鈥檚 appeal, it could clarify the meaning of 鈥淯nited States鈥 in the context of plea agreements, and a plain language interpretation of the term would offer criminal defendants fairness and finality, say attorneys at Kudman Trachten.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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How IPR Estoppel Ruling May Clash With PTAB Landscape
Though the Federal Circuit's narrowing of inter partes review estoppel in Ingenico v. Ioengine might encourage more petitions, tougher standards for discretionary denial established by the U.S. Patent and Trademark Office could be a counterbalancing factor, say attorneys at Troutman Pepper.
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Texas Ruling Emphasizes Limits Of Franchisors' Liability
The Texas Supreme Court's recent ruling in Massage Heights Franchising v. Hagman, holding that a franchisor was not liable to a customer for the actions of a franchisee's employee, helps clarify the relative roles and responsibilities of the parties in such situations 鈥 and the limits of franchisors' duty of care, say attorneys at Polsinelli.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Opinion
NJ Should Align With Federal Rule On Expert Testimony
The time is right to amend Rule 702 of the New Jersey Rules of Evidence to align it with the recently amended Rule 702 of the Federal Rules of Evidence and clarify the standard for admissibility of expert testimony, says Timothy Freeman at Tanenbaum Keale.
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3 Corporate Deposition Prep Tips To Counter 'Reptile' Tactics
With plaintiffs counsel鈥檚 rising use of reptile strategies that seek to activate jurors' survival instincts, corporate deponents face an increased risk of being lulled into providing testimony that undercuts a key defense or sets up the plaintiff's case strategy at trial, making it important to consider factors like cross-examination and timing, say attorneys at Dentons.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school 鈥 especially students who may not see those paths reflected in their daily lives 鈥 not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at聽Constangy.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Statistics Tools Chart A Path For AI Use In Expert Testimony
To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools鈥 road to judicial acceptance, say directors at Secretariat.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you鈥檙e like me, law school鈥檚 often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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Spoliation Of Evidence Is A Risky And Shortsighted Strategy
Destroying self-incriminating evidence to avoid a large judgment may seem like an attractive option to some defendants, but it is a shortsighted strategy that affords the nonspoliating party potentially case-terminating remedies, and support for a direct assault on the spoliator鈥檚 credibility, say attorneys at Mandelbaum Barrett.
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State AGs' Focus On Single-Firm Conduct Is Gaining Traction
Despite changes in administration, both federal antitrust agencies and state attorneys general have shown a trending interest in prosecuting monopolization cases involving single-firm conduct, with federal and state legislative initiatives encouraging and assisting states鈥 aggressive posture, says Steve Vieux at Bartko Pavia.