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Trials
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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聽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.
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June 20, 2025
Fla. Panel Reverses Life Sentence In Carjacking Case
A Florida appellate court reversed a life sentence for a man convicted of felony battery and carjacking, saying the lower court wrongly believed it didn't have the discretion to impose a lighter punishment.
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June 20, 2025
Micron Can't Undo $445M Patent Loss Due To Biden Remarks
A Texas federal judge has rejected Micron's challenges to a $445 million verdict against it for infringing Netlist computer memory patents, including a claim that it was prejudiced by Netlist suggesting to a jury that Micron benefited from ex-President Joe Biden's policies.
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June 20, 2025
Fed. Circ. Revives MSN Challenge To Bausch IBS Drug Patent
The Federal Circuit has instructed the Patent Trial and Appeal Board to take another crack at evaluating the validity of a drug patent owned by Bausch Health Ireland Ltd., holding that the PTAB's initial decision lacked the detail needed to determine whether it was right or wrong.
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June 20, 2025
2nd Circ. Backs Chubb's Win In $49M Sandy Coverage Fight
The Second Circuit on Friday cemented a Chubb unit's win in a decade-long dispute over a chocolatier's bid for an additional $49 million in coverage for Superstorm Sandy losses, affirming a decision denying the chocolatier's requests to set aside a jury verdict or hold a new trial.
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June 20, 2025
Texas Jury To Decide Google Ad Tech Liability, Not Damages
A Texas federal judge is giving Google only partial reprieve from facing a jury on state attorneys general claims targeting its advertising placement technology business, leaving liability under federal antitrust law and any damages up to the court, while letting most state law claims go to the jury.
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June 20, 2025
Wisconsin Judge Gets Court To Weigh Dismissal Before Trial
A Wisconsin federal judge overseeing the government's prosecution of a state judge for allegedly helping an unauthorized immigrant evade arrest canceled a jury trial scheduled for July, saying he will rule on her motion to dismiss first.
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June 20, 2025
Top Court Limits Sentencing Factors For Release Violations
The U.S. Supreme Court on Friday limited what factors district judges may consider when sentencing defendants for violating the terms of supervised release, vacating the Sixth Circuit's findings that allowed lower courts to undertake the same analysis for revocation proceedings as primary sentencings.
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June 18, 2025
J&J Hit With $8M Verdict In Multi-Exposure Talc Case
A jury awarded $8 million on Wednesday to a Massachusetts woman who said Johnson & Johnson's talcum powder caused her mesothelioma, rejecting the company's claims that family members' work around asbestos absolved it of blame.
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June 18, 2025
Nurse Staffing Exec Can't Nix Conviction, Sanctions Floated
A Nevada federal court has refused a nurse staffing executive's bid to undo his conviction on wage-fixing and wire fraud charges, and threatened his attorneys with sanctions for allegedly making repeated misrepresentations to the court.
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June 18, 2025
Ex-Drug Exec Must Testify, But Keeps 5th Amendment Rights
Sandoz, Teva, Actavis and Taro can again subpoena the deposition testimony of a former Actavis and Teva executive, but a Pennsylvania federal judge is still allowing the witness to invoke his Fifth Amendment rights against self-incrimination, even though the Justice Department dropped the criminal charges against him.
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June 18, 2025
Jury Awards $76M To Pipefitter Burned In Kroger Explosion
A pipefitter and HVAC technician has been awarded $76.7 million by a Michigan jury after a chemical accident at a Kroger store caused him to lose several fingers.
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June 18, 2025
DOJ Defends Using Written Depos In HPE-Juniper Merger Trial
The U.S. Department of Justice is defending its proposal to include written deposition testimony into the record for its upcoming antitrust trial against Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks, saying that playing depositions live would waste crucial time in what is scheduled to be an eight-day trial.
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June 18, 2025
Ex-Yankee Scores $222K Jury Award In Moldy Mansion Trial
A Connecticut federal jury on Wednesday awarded retired New York Yankees third baseman Joshua Donaldson more than $222,000 in a dispute with a former landlord he blamed for the presence of mold in a Greenwich mansion, and a judge is expected to double a substantial portion of that amount.
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June 18, 2025
Fed. Circ. OKs Google's PTAB Win In Sonos Patent Fight
The Federal Circuit on Wednesday backed a Patent Trial and Appeal Board finding that claims in a Sonos music playback patent were invalid, handing a win to Google in a larger fight between the companies.
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June 18, 2025
California Cities Say Enviro Group Destroyed Testing Data
The cities of Sunnyvale and Mountain View, California, are asking a federal judge to sanction environmental group San Francisco Baykeeper in a suit alleging the cities allowed sewage into the bay, saying the group destroyed key evidence either by "conscious effort or gross negligence."
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June 18, 2025
Justices Say 'Exhaustion' In Prisoner Suits Is A Jury Question
The U.S. Supreme Court narrowly ruled on Wednesday that prisoners have a right to a jury trial when there's a factual dispute over whether they properly exhausted prison grievance procedures 鈥 a key requirement before suing over prison conditions under federal law.
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June 17, 2025
Judge Warns No 'Real Winner' If NASCAR Case Goes To Trial
A North Carolina federal judge on Tuesday joined a chorus of jurists urging NASCAR and two of its teams to seek a resolution of their competing antitrust claims outside court, cautioning that neither side will emerge victorious if the case makes it to trial in December.
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June 17, 2025
Samsung Says Jurors Lied In Netlist IP Trial, Seeks Do-Over
Samsung told a California federal judge it needs a fourth trial against Netlist Inc. after losing a suit over a deal to license computer memory patents, saying three jurors lied during voir dire in a case that bolsters Netlist's position regarding $421 million worth of related verdicts in Texas.
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June 17, 2025
Ex-Yankee Makes Final Pitch To Jury In Moldy Mansion Suit
A retired New York Yankees third baseman incurred hundreds of thousands of dollars in costs after he rented a Connecticut mansion that turned out to have a mold problem, and his landlord should pay up after failing to act quickly, his attorney told a federal jury in Hartford on Tuesday.
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June 17, 2025
Org. Urges 9th Circ. To OK NFL Sunday Ticket Verdict Dismissal
A legal foundation focused on promoting聽free enterprise principles聽is offering support to the NFL as the league defends a California federal judge's dismissal of a jury's $4.7 billion Sunday Ticket price-fixing award, arguing Tuesday the district court was right to correct a "gatekeeping failure" in expert testimony.
Expert Analysis
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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鈥檚 recently released annual report, and discuss what the second Trump administration could mean for enforcement in the year to come.
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Artfully Conceding Liability Can Offer Defendants 3 Benefits
In the rare case that a company makes the strategic decision to admit liability, it鈥檚 important to do so clearly and consistently in order to benefit from the various forms of armor that come from an honest acknowledgment, says Ken Broda-Bahm at聽Persuasion Strategies.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process 鈥 mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it 鈥 and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Managing Litigation Side-Switching During 2nd Trump Admin
Now that the new presidential administration is in place, the government will likely switch positions in a number of pending cases, and stakeholders should employ strategies to protect their interests, say attorneys at Covington.
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The Fed. Circ. In 2024: 5 Major Rulings To Know
In 2024, the Federal Circuit provided a number of important clarifications to distinct areas of patent law 鈥 including design patent obviousness, expert testimony admissions and patent term adjustments 鈥 all of which are poised to have an influence going forward, say attorneys at Knobbe Martens.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Public Corruption Enforcement In 2024 Has Clues For 2025
If 2024 activity is any indication, the U.S. Supreme Court will likely continue to rein in expansive prosecutorial theories of fraud in the year to come, but it鈥檚 harder to predict what the new administration will mean for public corruption prosecutions in 2025, says Cathy Fleming at Offit Kurman.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have 鈥渇led鈥 Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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How Decline Of Deference Will Affect Trump Policymaking
An administrative law regime without Chevron deference may limit the Trump administration鈥檚 ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.
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Defense Strategies For Addressing Conspiracy-Minded Jurors
As conspiracy theories continue to proliferate and gain traction in the U.S., defense attorneys will need to consider ways to keep conspiracy-minded jurors from sitting on the jury, and to persuade them when this isn鈥檛 possible, say consultants at IMS Legal Strategies.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.