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Trials
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July 21, 2025
Pay Bias Judge Guts $2.8M Fee Request, Citing Errors At Trial
A Pennsylvania federal judge sliced an attorney's requested $2.8 million fee award for a pay-discrimination case against a school district Monday, blaming the plaintiff's counsel for errors during the two trials it took to reach a verdict.
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July 21, 2025
Tesla Driver In Crash Says He Was 'Too Comfortable' With Car
The Tesla driver who killed a woman in a crash in the Florida Keys told jurors Monday that he had been "potentially too comfortable" with the vehicle's autopilot software that he regularly engaged on his 100-mile commute.
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July 21, 2025
Wash. Plastic Surgeon Can't Get $13M Jury Verdict Overturned
A Washington appeals court panel refused on Monday to undo a $13 million jury verdict against a plastic surgeon in a medical malpractice case, rejecting the doctor's argument that the lower court wrongly allowed evidence of state regulators' unrelated disciplinary proceedings against her.
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July 21, 2025
Calif. Court Orders Drug Deal Retrial Over Mistaken Admission
A California state appeals court on Monday demanded a new trial on drug dealing charges for a man who admitted to possessing cocaine while on probation, finding a trial court judge had erroneously admitted botched testimony the man gave in a probation hearing.
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July 21, 2025
Jury Axes Patent In Fight Between Railcar Scale Cos.
A Houston federal jury has cleared a company that services scales for railroad cars of infringing 15 claims in a patent suit brought by a competitor, saying the patent was invalid because it was obvious and anticipated through prior art.
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July 21, 2025
Catching Up With Delaware's Chancery Court
Last week at the Delaware Court of Chancery, a major settlement between Meta Platforms Inc. and its investors reached on the proverbial courthouse steps during day two of a trial ended an $8 billion-plus suit accusing the company's directors and officers of breaching privacy regulations and corporate fiduciary duties tied to allegations dating to the Cambridge Analytica scandal more than a decade ago.
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July 21, 2025
Tax-Lien Biz Atty Tells Jury He Didn't Seek To Dupe Lender
Counsel for a former compliance lawyer accused of pilfering from a $20 million line of credit extended to his tax-lien investment firm told a Manhattan federal jury Monday that the defendant was "sloppy," but never intended fraud.
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July 21, 2025
EPA Asks 9th Circ. To Reverse Calif. Judge In Fluoride Suit
The U.S. Environmental Protection Agency is asking the Ninth Circuit to reverse a California federal judge who ruled that the EPA's current "optimal" level of fluoride in drinking water poses an unreasonable risk of lowering children's IQ.
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July 21, 2025
Dentist Can't Shake $11.4M Verdict Over Patient's Cancer
A Pennsylvania Superior Court on Monday affirmed an $11.4 million verdict against a dentist who allegedly ignored signs of skin cancer during appointments, rejecting her argument that the evidence didn't support the verdict.
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July 21, 2025
Officials' Intent Key In Visa Revocation Trial, Judge Says
A Massachusetts federal judge hearing a free-speech case stemming from the arrests of pro-Palestinian student activists said Monday he is grappling with whether immigration officials were carrying out an official Trump administration policy or using their own discretion to implement a broader set of priorities within the law.
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July 21, 2025
GlobalFoundries Faces $9.2M Verdict In Chip Patent Trial
A Texas federal jury has found that semiconductor maker GlobalFoundries Inc. infringed a patent belonging to Texas-based competitor Katana Silicon Technologies LLC and owes $9.2 million.
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July 21, 2025
Ga. Motel Settles Sex Trafficking Suit Days Before Trial
An Atlanta-area hotel facing claims that it let sex trafficking go unchecked on its property has reached a $6 million settlement with an alleged victim just days before trial, according to her attorney, and less than a week after another Georgia inn was hit with an eight-figure verdict over similar allegations.
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July 21, 2025
How Criminal Law Is Shaped By Administrative Decisions
Behind line prosecutors are administrators, policies, and day-to-day logistics that enable and shape not only prosecutors' work but trends in how justice is administered throughout the country, according to a New York University School of Law professor and researcher.
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July 18, 2025
Law360 Names 2025's Top Attorneys Under 40
Law360 is pleased to announce the Rising Stars of 2025, our list of more than 150 attorneys under 40 whose legal accomplishments belie their age.
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July 18, 2025
Allergan Wins $56M In Patent Trial Over Revance Botox Rival
A Delaware federal jury Friday awarded Allergan $56 million in damages when finding in favor of the Botox maker in a patent suit over Revance's Botox competitor, Daxxify, rejecting Revance's contention that claims from three Allergan patents were invalid.
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July 18, 2025
DOJ Asks To Unseal Epstein Grand Jury Files Amid GOP Flak
The U.S. Department of Justice asked a New York federal judge on Friday to unseal grand jury testimony from the prosecution of disgraced financier Jeffrey Epstein, as President Donald Trump faces a growing number of Republicans, including House Speaker Mike Johnson, asking for more transparency about the case.
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July 18, 2025
Fla. Court Reverses Conviction Over Judge's Guilt Directive
A Florida appeals court Friday ordered that a woman accused of battery against an elderly person be given a new trial after a trial judge required her attorney to concede her client's guilt as a condition of the court giving certain jury instructions on self-defense.
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July 18, 2025
Geragos Owes $100K For Role In Nike Extortion, Jury Says
Celebrity attorney Mark Geragos was ordered to pay $100,000 to a youth basketball coach by a Los Angeles jury that found he aided and abetted disbarred lawyer Michael Avenatti in a failed attempt to extort Nike that landed Avenatti with a 2½ year prison sentence.
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July 18, 2025
Judge Advised Against State AG Intervention In Sandoz Deal
A special master on Friday advised a Pennsylvania federal court to deny a bid by California and other state attorneys general to intervene in a $275 million settlement resolving generic-drug price-fixing claims against Sandoz, finding they lacked standing to represent the interests of consumers.
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July 18, 2025
Stewart Issues Discretion Decisions For 56 More Petitions
Acting U.S. Patent and Trademark Office Director Coke Morgan Stewart issued 25 more orders on requests for discretionary denial, deciding a total of 56 cases, while the results of earlier proceedings she let move forward have started to roll out.
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July 18, 2025
Plaintiffs' Expert Says Tesla Deleted Data From Crashed Car
A vehicle accident reconstruction expert told jurors Thursday that data from the Tesla Model S involved in a fatal Florida Keys crash had been deleted after the crash by the automaker, which is defending its autopilot system at a trial in Miami.
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July 18, 2025
Social Media MDL Judge Could Bifurcate Bellwether Trials
A California federal judge presiding over multidistrict litigation by school districts and personal injury plaintiffs claiming social media is addictive said Friday she'll likely bifurcate bellwether trials into two phases, with the judge presiding over the second phase, if plaintiffs seek any relief "that may be injunctive in nature."
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July 18, 2025
CME Exec Defends Traders' Membership Values On The Stand
CME Group CEO Terry Duffy testified on Friday that a data center the company built to accommodate electronic trading did not violate rights promised to members when they were asked to vote on a demutualization he characterized as a "windfall for every single person who owned membership on the exchange."
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July 18, 2025
Fed. Circ. Frees Medtronic From $125M Patent Judgment
The Federal Circuit on Friday overturned a more than $125 million judgment against Medtronic's CoreValve unit for infringing a Colibri Heart Valve LLC patent, saying changes made to the patent during examination mean that Medtronic should not have been found to infringe.
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July 18, 2025
Miami Official Loses Appeal To Toss $63.5M Judgment
The Eleventh Circuit has dismissed Miami City Commissioner Joe Carollo's appeal of the $63.5 million judgment against him for targeting a pair of business owners after they supported a political opponent, finding that he prematurely filed the appeal and then failed to amend it.
Expert Analysis
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The Math Of Cross-Examination: Less Is More, More Is Less
When conducting cross-examination at trial, attorneys should remember that “less is more, and more is less” — limiting both the scope of questioning and the length of each query in order to control the witness’s testimony and keep the factfinders’ attention, says Thomas Innes at the Defender Association of Philadelphia.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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DOJ Memos Likely To Increase Mandatory Minimum Charges
In line with previous administrations’ pingpong approach to sentencing policy, new U.S. Department of Justice leadership recently rescinded Biden-era memos on charging decisions, cabining prosecutorial discretion and likely leading to more mandatory minimum sentences, say attorneys at Arnold & Porter.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Tools For Witness Control That Go Beyond Leading Questions
Though leading questions can be efficient and effective for constraining a witness’s testimony, this strategy isn’t appropriate for every trial and pretrial scenario, so techniques like headlining and looping can be deployed during direct examination, depositions and even witness interviews, says Allison Rocker at Baker McKenzie.
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High Court Sentencing Case Presents Legal Fork In The Road
On Feb. 25, the U.S. Supreme Court will hear arguments in Esteras v. U.S. about the factors trial courts may consider when imposing a sentence of imprisonment after revoking supervised release, and the justices’ eventual decision may prioritize either discretion or originalism, says Michael Freedman at The Freedman Firm.
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4 Do's And Don'ts For Trial Lawyers Using Generative AI
Trial attorneys who use artificial intelligence tools should review a few key reminders, from the likelihood that prompts are discoverable to the rapid evolution of court rules, to safeguard against embarrassing missteps, says Nate Sabri at Perkins Coie.
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Defense Strategies For Politically Charged Prosecutions
Politically charged prosecutions have captured the headlines in recent years, providing lessons for defense counsel on how to navigate the distinct challenges, and seize the unique opportunities, such cases present, says Kenneth Notter at MoloLamken.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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The Rising Need For The Selective Prosecution Defense
In a political climate where criminal and civil prosecution on the basis of political affiliation, constitutionally protected speech or other arbitrary classification is increasingly likely, existing precedent shows why judges should be more open to allowing a selective prosecution defense, say attorneys at Sidley.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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How SDNY US Atty Nom May Shape Enforcement Priorities
President Donald Trump’s nominee for U.S. attorney in the Southern District of New York, former U.S. Securities and Exchange Commission Chair Jay Clayton, will likely shift the office’s enforcement priorities, from refining whistleblower policies to deemphasizing novel prosecutorial theories, say attorneys at Cohen & Gresser.
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Improving Comms Between Trial Attys And Tech Witnesses
In major litigation involving complex technology, attorneys should employ certain strategies to collaborate with companies' technical personnel more effectively to enhance both the attorney's understanding of the subject matter and the expert's ability to provide effective testimony in court, say attorneys at Buchalter.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.