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Trials
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June 25, 2025
Judge OKs Most Of Attorney Fees In MGM Vax Exemption Suit
A Michigan federal judge on Wednesday awarded nearly $394,000 in attorney fees to a former MGM Grand Casino worker who won a religious bias suit after being fired for refusing the COVID-19 vaccine, slightly cutting the requested award after reducing hours because of discrepancies between two submissions.
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June 25, 2025
Trade Court Cannot Stop Trump's Tariffs, Gov't Tells Fed. Circ.
The U.S. Court of International Trade hamstrung President Donald Trump in ongoing global trade negotiations when it blocked emergency tariffs he had imposed and deemed them unlawful, the government told the Federal Circuit on Tuesday, urging it to reverse the lower court's ruling.
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June 25, 2025
Insurer Seeks Exit From $1.7M Oil Pipeline Explosion Verdict
An insurer for a company specializing in providing nitrogen services for oil pipelines told a Texas federal court it should owe no coverage for a more than $1.7 million jury verdict against the company stemming from a pipeline explosion, pointing to exclusions for breach of contract and faulty work.
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June 25, 2025
CVS PBM Hit With $95M Judgment For Overbilling Medicare
A Pennsylvania federal judge on Wednesday ruled that CVS's pharmacy benefits manager owes the government $95 million for overbilling Medicare Part D-sponsored drugs, leaving the door open for the amount to be tripled later.
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June 25, 2025
Mass. Atty Gets 18 Mos. For 'Greed' In Pot Shop Bribery Plot
A Massachusetts lawyer, whose conviction for attempting to bribe a police chief to endorse his client's retail cannabis license application had been partly reversed at the First Circuit, was re-sentenced Wednesday to 18 months in prison by a federal judge who said the attorney should have known better.
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June 25, 2025
9th Circ. Says Mexican Man Can't Vacate Firearm Conviction
A split Ninth Circuit panel has refused to vacate a Mexican national's conviction for possession of a firearm while present in the U.S. without authorization, saying there's no reasonable likelihood that the jury would have reached a different conclusion with different instructions.
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June 25, 2025
How An Ex-AUSA's Compliance Savvy Ended A Kickback Case
An attorney drew upon his past as a federal prosecutor in New Jersey and as a healthcare compliance counsel to get all charges dropped against a doctor accused of accepting close to $150,000 in bribes through Insys Therapeutics for "sham" speaker program engagements.
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June 24, 2025
Colo. Justices Order Fraud Retrial Over Legal Advice Hearsay
Colorado's highest court granted a new securities fraud trial Monday to a man whose testimony in his own defense about advice of counsel was curtailed by a judge, saying legal advice is unquestionably relevant in mounting a defense around "willfulness."
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June 24, 2025
Walmart Must Face Trial In Customer's Oil Slip-And-Fall Suit
Walmart failed to get a man's slip-and-fall lawsuit dismissed Tuesday, after an Illinois federal judge ruled that a jury needs to determine if the shopper should have seen and avoided the cooking oil spill that caused his injuries.
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June 24, 2025
No New Trial For Convicted Crypto CEO Linked To Abramoff
A California federal judge Tuesday declined to acquit a cryptocurrency company founder convicted of fraud and money laundering in a case that also involved disgraced ex-lobbyist Jack Abramoff, calling the defendant's assertions that the court wrongly blocked evidence showing Abramoff had conspired against the company "laughable."
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June 24, 2025
Apple Assails 'Fundamentally Unfair' App Order At 9th Circ.
Apple urged the Ninth Circuit on Monday to nix a district court's "unduly punitive" mandate blocking it from charging any commission on iPhone app purchases made outside its systems, arguing an Epic Games injunction redux goes far beyond the original order and attacks conduct that's not illegal under California law.
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June 24, 2025
Trump Hones Immunity Argument In 2nd Circ. Carroll Appeal
Counsel for President Donald Trump told the Second Circuit on Tuesday that he did not "unequivocally and explicitly" waive presidential immunity before a jury awarded writer E. Jean Carroll $83.3 million in their defamation battle, refining the theory that he cannot be held liable.
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June 24, 2025
Trump Admin Must Release NIH Funds Amid Appeal
A Massachusetts federal judge on Tuesday denied the Trump administration's request to stay a recent order that it resume processing National Institutes of Health grant applications and releasing funds, warning that even one more day of delay would lead to irreparable harm.
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June 23, 2025
Monsanto Settles With Families After 11th Seattle PCB Trial
Monsanto settled a tort case on Monday brought by 22 people who claim that they were poisoned by chemicals known as PCBs at a Washington school, ending jury deliberations following a nine-week trial in state court.
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June 23, 2025
Ga. Doctor On $2M Hook For Decapitated Baby Instagram Posts
A Georgia state jury has awarded $2.25 million in a privacy suit accusing a pathologist of unlawfully posting autopsy videos on Instagram of a baby who was decapitated during an allegedly botched delivery.
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June 23, 2025
Ontrak Founder Gets 3½ Years In Novel Insider Trading Case
A California federal judge sentenced Ontrak Inc. founder Terren Peizer to 3½ years in prison Monday, following a first-of-its-kind insider trading conviction on accusations that he based a $20 million share sale on material nonpublic information that his health technology company was about to lose its biggest client, Cigna.Â
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June 23, 2025
9th Circ. Backs $26M Fraud Penalty Against Importer
The Ninth Circuit on Monday upheld a $26 million tripled fraud verdict against a pipe importer over allegations it made false statements on customs forms to avoid paying tariffs on some imports from China, rejecting the company's argument that the Tariff Act leaves no room to invoke the False Claims Act.
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June 23, 2025
Western Digital Gets $553M Patent Judgment Slashed To $1
A California federal judge has agreed to wipe out a $553 million verdict against Western Digital for infringing a SPEX Technologies Inc. data security patent, instead finding that Western Digital owes just $1, according to an order docketed Monday.
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June 23, 2025
NJ Justices Greenlight Renewed Bid For Roundup Mass Tort
The New Jersey Supreme Court has granted a renewed application for lawsuits against Monsanto Co. and its parent company, Bayer AG, alleging injuries from exposure to the company's weed killer Roundup to be designated as multicounty litigation, according to a Monday notice to the bar.
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June 23, 2025
Ga. Family Slams Ford's New Trial Bid In $2.5B Rollover Case
A Georgia family hoping to safeguard its $2.5 billion punitive damages verdict against Ford Motor Co. has urged a federal judge to reject the auto giant's bid to introduce interviews it says will show jurors were aware of a prior verdict faulting the company for similar rollover deaths.
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June 23, 2025
Judge Lets NASCAR Antitrust Claims Against Teams Proceed
A North Carolina federal judge Monday rejected a motion to dismiss counterclaims lodged by NASCAR in a lawsuit brought by two racing teams that are accusing the organization of antitrust violations, finding the matter would be best addressed at the summary judgment stage.
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June 23, 2025
Catching Up With Delaware's Chancery Court
The Delaware Supreme Court reversed a year-old $199 million judgment against TransCanada in a suit challenging a merger that occurred nearly a decade ago, Aspen Technology Inc. was hit with another suit over its pending $7.2 billion merger with Emerson Electric, and Nielson Holdings Ltd. secured a temporary restraining order against its spinoff. In case you missed it, here's the latest from the Delaware Chancery Court.
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June 23, 2025
Tenn. Judge Orders Abrego Garcia's Release Pending Trial
A Tennessee federal judge denied the Trump administration's bid to keep Kilmar Abrego Garcia behind bars pending trial, finding there are ways to ensure the community's safety and that he will show up for court.
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June 23, 2025
Morgan & Morgan Adds Ex-Federal Prosecutor To Miami Office
Morgan & Morgan has added a former assistant U.S. attorney for the Southern District of Florida to handle automobile injury cases in its Miami office.
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June 23, 2025
High Court Won't Revisit 'Right-To-Control' Fraud Case
The U.S. Supreme Court on Monday refused to take a second look at the landmark case that disposed of the "right-to-control" theory of fraud, rejecting a petition that argued the Second Circuit had wrongly remanded the action for retrial before resolving the appeal at hand.
Expert Analysis
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Perspectives
DC Circ. Cellphone Ruling Upends Law Enforcement Protocol
The D.C. Circuit’s recent U.S. v. Brown decision, holding that forcibly requiring a defendant to unlock his cellphone with his fingerprint violated the Fifth Amendment, has significant implications for law enforcement, and may provide an opportunity for defense lawyers to suppress electronic evidence, says Sarah Sulkowski at Gelber & Santillo.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Engaging With Feds On Threats To Executives, Employees
In an increasingly polarized environment, where companies face serious concerns about how to protect executives and employees, counsel should consider working with federal law enforcement soon after the discovery of threats or harassment, says Jordan Estes at Gibson Dunn.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Opinion
Courts Should Nix Conferencing Rule In 1 Discovery Scenario
Parties are generally required to meet and confer to resolve a discovery dispute before bringing a related motion, but courts should dispense with this conferencing requirement when a party fails to specify a time by which it will complete its production, says Tristan Ellis at Shanies Law.
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Perspectives
How High Court May Rule In First Step Act Resentencing Case
U.S. Supreme Court justices grappled with verb tenses and statutory intent in recent oral arguments in Hewitt v. U.S., a case involving an anomalous resentencing issue under the First Step Act, and though they may hold that the statute is unambiguous, they could also decide the case on narrow, practical grounds, say attorneys at Bracewell.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Opinion
Firing Of Jack Smith's Team Is A Threat To Rule Of Law
The acting attorney general’s justifications for firing prosecutors who worked on the criminal cases against President Donald Trump rest on a mischaracterization of legal norms, and this likely illegal move augurs poorly for the rule of law, say Bruce Green at Fordham University and Rebecca Roiphe at New York Law School.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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What Public View Of CEO's Killing Means For Corporate Trials
Given the proliferation of anti-corporate sentiments following recent charges against Luigi Mangione in connection with the killing of UnitedHealthcare's CEO, attorneys who represent corporate clients and executives will need to adapt their trial strategy to account for juror anger, says Clint Townson at Townson Litigation Consulting.
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Takeaways From DOJ Fraud Section's 2024 Year In Review
Attorneys at Paul Weiss highlight notable developments in the U.S. Department of Justice Fraud Section’s recently released annual report, and discuss what the second Trump administration could mean for enforcement in the year to come.