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Trials

  • June 26, 2025

    Court Allows NASCAR To Subpoena Nonparty Financial Docs

    A North Carolina federal judge will allow NASCAR to subpoena the financial records of 12 chartered racing teams to defend itself in a lawsuit that accuses the organization of antitrust violations, but left safeguards in place.

  • June 26, 2025

    Combs Used Business 'Kingdom' For Crime Spree, Feds Say

    Sean "Diddy" Combs used his power, wealth and a "small army" of employees to commit crimes including sex trafficking for 20 years, a prosecutor told a Manhattan federal jury Thursday as the hip-hop mogul's trial neared an end.

  • June 26, 2025

    Justices Expand Reach Of First Step Act In Resentencings

    The U.S. Supreme Court ruled Thursday that defendants can benefit from lighter sentences under the First Step Act if they were sentenced prior to the 2018 criminal justice reform law but later resentenced after their original sentences were tossed.

  • June 25, 2025

    Stewart, APJ Leader Discretionarily Deny 33 More Petitions

    The acting U.S. Patent and Trademark Office director rejected 21 petitions for Patent Trial and Appeal Board reviews on Wednesday, and the board's acting deputy chief judge denied another 12 where the acting director recused herself for the first time.

  • June 25, 2025

    TCPA Litigants Brace For 'Seismic Shift' After Deference Blow

    The U.S. Supreme Court's backing of broad judicial review for the crush of regulatory orders interpreting the Telephone Consumer Protection Act is poised to turn the litigation landscape on its head, as key statutory determinations that have long been viewed as settled matters are suddenly ripe for scrutiny. 

  • June 25, 2025

    Monsanto Stuck With $3.5M RoundUp Verdict After Appeal

    A Pennsylvania appeals court Wednesday refused to wipe out a $3.5 million verdict against Monsanto for a cancer patient who blamed Roundup for her disease, saying Monsanto's trial evidence the weedkiller is EPA-approved and the company complied with industry standards "does not preclude the jury" from awarding punitive damages.

  • June 25, 2025

    SEC Wins Jury Verdict In $10M Blood Bank Fraud Suit

    A California federal jury has found the former CEO of a blood bank business liable for securities fraud, agreeing with the U.S. Securities and Exchange Commission that the executive defrauded retirees out of more than $10 million by promising them returns he knew he could not deliver.

  • June 25, 2025

    Ark., Idaho Push For Jury Trial In Google Ad Tech Case

    Arkansas and Idaho are hoping a Texas federal judge will reconsider the decision declaring they don't have a right to a jury trial and, as a result, can't seek civil penalties from Google on their antitrust claims accusing the tech behemoth of manipulating the advertising market.

  • June 25, 2025

    Feds Say Vet Failed To Back VA Malpractice Claim At Trial

    The U.S. government is urging a Washington federal court to give it a win following a bench trial on a suit brought by a Navy veteran and former Department of Veterans Affairs nurse alleging that malpractice by her VA psychiatrist led to an episode in which she stabbed her mother with a knife.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • 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.

  • 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."

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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. 

Expert Analysis

  • How White Collar Defense Attys Can Use Summary Witnesses

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    Few criminal defense attorneys have successfully utilized summary witnesses in the past, but several recent success stories show that it can be a worthwhile trial tactic to help juries understand the complex decision-making at issue, says Jonathan Porter at Husch Blackwell.

  • 7th Circ. Ruling Muddies Split On Trade Secret Damages

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    The Seventh Circuit's recent endorsement in Motorola v. Hytera of a Second Circuit limit on avoided-cost damages under the Defend Trade Secrets Act contradicts even its own precedents, and will further confuse the scope of a developing circuit conflict that the U.S. Supreme Court has already twice declined to resolve, says Jordan Rice at MoloLamken.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

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    Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.

  • How White Collar Attys Can Use Mythic Archetypes At Trial

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    A careful reading of a classic screenwriting guide shows that fairy tales and white collar trials actually have a lot in common, and defense attorneys would do well to tell a hero’s journey at trial, relying on universal character archetypes to connect with the jury, says Jack Sharman at Lightfoot Franklin.

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

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    Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.

  • Teaching Your Witness To Beat The Freeze/Appease Response

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    In addition to fight-or-flight, witnesses may experience the freeze/appease response at trial or deposition — where they become a deer in headlights, agreeing with opposing counsel’s questions and damaging their credibility in the process — but certain strategies can help, says Bill Kanasky at Courtroom Sciences.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

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    In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

  • FTX Exec's Sentencing Shows Pros And Cons Of Cooperation

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    The sentencing of former FTX tech deputy Gary Wang, whose cooperation netted him a rare outcome of no prison time, offers critical takeaways for attorneys and clients navigating the burgeoning world of crypto-related prosecutions, says Andrew Meck at Whiteford.

  • Fed. Circ. Ruling Shows Importance Of Trial Expert Specificity

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    The Federal Circuit’s recent ruling in NexStep v. Comcast highlights how even a persuasive expert’s failure to fully explain the basis of their opinion at trial can turn a winning patent infringement argument into a losing one, say attorneys at Barnes & Thornburg.

  • Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity

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    Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.

  • Plugging Gov't Leaks Is Challenging, But Not A Pipe Dream

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    As shown by ongoing legal battles involving New York City Mayor Eric Adams and Sean “Diddy” Combs, it’s challenging for defendants to obtain relief when they believe the government leaked sensitive information to the media, but defense counsel can take certain steps to mitigate the harm, says Kenneth Notter at MoloLamken.

  • Series

    Gardening Makes Me A Better Lawyer

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    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

  • Litigation Inspiration: Reframing Document Review

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    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

  • IP Ruling Likely To Limit Arguments Against Qualified Experts

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    The Federal Circuit's recent decision in Osseo v. Planmeca, clarifying when experts may offer testimony from the perspective of a skilled artisan, provides helpful guidance on expert qualifications and could quash future timing arguments regarding declarants' expertise, says Whitney Jenkins at Marshall Gerstein.

  • Navigating 4th Circ.'s Antitrust Burden In Hybrid Relationships

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    The U.S. Supreme Court recently declined to review the Fourth Circuit's Brewbaker decision, a holding that heightens the burden on antitrust prosecutors when the target companies have a hybrid horizontal-vertical relationship, but diverges from other circuits, say attorneys at Troutman Pepper.

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