Jury Verdicts

News & Analysis as of

$1 billion verdict in lawsuit against maker of metal-on-metal hip replacements

The pain and suffering that a flawed medical device can cause can last a long time. A Dallas jury provided a timely reminder of that, deciding six California plaintiffs should be paid more than $1 billion for the harm they...more

Stop the Music: $25 Million Verdict Intact Despite Party’s Intentional Spoliation of Evidence

The court entered final judgment, upholding the jury’s findings and denying the defendant’s motion for a new trial, finding that harsher sanctions for the plaintiff’s intentional spoliation of material evidence were not...more

The District of Massachusetts Sheds Light on Halo’s New Standard for Willfulness and Enhanced Damages in Trustees of Boston...

Since the Supreme Court decision in Halo Electronics v. Pulse Electronics came down earlier this year (as previously discussed here), district courts across the country have been grappling with the high court’s new standard...more

Ranbaxy and AstraZeneca Prevail in Nexium® Pay-For-Delay Case

On November 21, 2016, the U.S. Court of Appeals for the First Circuit upheld a 2014 jury verdict for AstraZeneca (AZ) and Ranbaxy regarding a 2012 payment of $700 million from AstraZeneca for Ranbaxy to abandon its challenge...more

Jury Issues $92 Million Verdict Under the False Claims Act Against Mortgage Companies and CEO

On November 30, 2016, the U.S. Attorney for the Southern District of Texas announced that a federal jury in the Southern District of Texas issued a verdict finding several related mortgage companies and their CEO liable in...more

Torts – Habitability Claims – Attorneys’ Fees

Christie Hjelm, et al. v. Prometheus Real Estate Group, Inc. - Court of Appeal, First Appellate District (October 5, 2016) - Civil Code § 1942.4 provides for attorneys’ fees in an unlawful detainer action in...more

Change in How SC Supreme Court Views Conspiracy Claims May be Coming

As our various courts decide cases, we watch to see if there are any trends that seem to be developing or whether a case signals that the courts are beginning to change how they view a particular issue or type of case. We've...more

The Decision To Grant Rehearing En Banc In Apple v. Samsung

On October 7, 2016, the Federal Circuit issued another decision in the ongoing patent litigations between Apple and Samsung that began in the Northern District of California. The district court had found at summary judgment...more

Arizona Court of Appeals Reverses $1 Million Award of Punitive Damages in Insurance Bad Faith Case for Alleged “Institutional Bad...

In Sobieski v. Am. Standard Ins. Co. of Wisconsin, 2016 WL 5436588 (Ariz.App. Sept. 29, 2016), despite upholding a bad faith judgment for an insurer conducting an unreasonable investigation and denying a claim, the Arizona...more

Internal Fight Over Role of Appellate Court Reveals Substantial Difference of Opinion over Substantial Evidence at Federal Circuit

In Apple, Inc., v. Samsung Electronics Co., Inc., [2015-1171, 2015-1195, 2015-1994] (October 7, 2016), the en banc Federal Circuit completely undid the panel decision with respect to three patents, with the three original...more

Fifth District Appellate Court Reverses Defense Verdict, Remands for New Trial on Issue of Damages

Larry Claro v. Shirley Ann DeLong, 2016 IL App (5th) 150557 (August 31, 2016). The Fifth District Appellate Court recently reversed a St. Clair County jury verdict in favor of the defendant and remanded the case to the...more

WilmerHale Eastern District of Texas Newsletter: September 2016

Data shows that although transfer motion filings in the Eastern District of Texas decreased 50% year-over-year from 2014 to 2015 (from 135 to 63), the percentage of successful motions increased from 34% to 43%. According to...more

Appellate Court Notes

Appellate Court Advance Release Opinions: AC37588 - Prime Locations of CT, LLC v. Rocky Hill Development, LLC - When a commercial condominium unit owner’s association refused to grant their approval for a...more

CAFC Says Functional Claim Language Does Not Create Divided Infringement

In LifeNet Health v. LifeCell Corporation, one of the many issues the Federal Circuit decided was that functional claim language did not create a divided infringement situation, even though an independent actor could impact...more

WSGR Persuades Second Circuit to Overturn $150 Million Judgment Against Chinese Vitamin C Manufacturers

On September 20, 2016, the U.S. Court of Appeals for the Second Circuit issued its decision in a closely watched dispute over the question of whether foreign companies may be held liable under U.S. antitrust law for price...more

Willfulness After Halo: Now What?

The general consensus is that the Supreme Court’s June decision in Halo Electronics v. Pulse Electronics eased the path to proving willfulness, as discussed previously on IP Litigation Current. Many speculated that one result...more

Comity Over Competition in Vitamin C Antitrust Litigation

Forced to choose between the competing concerns of international comity and United States antitrust law in In re: Vitamin C Antitrust Litigation, a unanimous panel of the Court of Appeals for the Second Circuit decided this...more

Getting Past “Not Horrible”: Addressing Office Bullies is Good for the Bottom Line

A Dallas jury recently awarded a verdict of more than a million dollars to a vocational nurse based upon her claims of sexual harassment and intentional infliction of emotional distress. While it appears that verdict will not...more

Supreme Court of Georgia Affirms Trial Court’s Grant of Judgment Notwithstanding the Verdict in Defamation Case

On July 8, 2016, the Supreme Court of Georgia affirmed the judgment of a trial court in a case involving Stanley Cottrell, Jr., who according to the court “engaged in a number of solo running exhibitions with a Christian...more

It’s Just Too Much

We’ve blogged before about the long-running appeal in the Polett v. Public Communications litigation. That’s the case where the plaintiff had knee implant surgery that was so successful she agreed to make a promotional video...more

This Week In Securities Litigation

Just prior to the July 4th holiday a legend of the federal securities bar passed away. Irving Pollock, or Irv as he was known, was the father of the SEC’s Enforcement Division. A New Mexico jury handed the Commission a...more

After Halo, District Court Concludes that Jury's Finding of Willfulness Is Still Appropriate

After a jury trial finding American Technical Ceramics Corp. ("ATC) willfully infringed Presidio Component's ("Presidio") patent, ATC filed a motion for a finding of no willful infringement based on the Supreme Court's...more

My First Trial: Lessons I Learned in a Pelican Bay Prison Case

I was 16 years old when, like much of the nation, I became transfixed by the O.J. Simpson criminal trial. I knew then I wanted to be a lawyer. Fast forward 20 years to a federal courtroom in San Francisco where I represented...more

Jury Rejects SEC’s Key Claims While Deadlocking on Others

A jury rejected most counts brought by the SEC against two senior executives of Thornburg Mortgage, Inc., the second largest independent mortgage company in the country. The charges centered on a market crisis era scheme in...more

Is the Jury Out on Whether the Jury can be Brought Back In?

The jury renders its verdict. No party objects. The judge thanks the jury for its service, discharges them, and tells them they are free to go. The jury exits, but there’s one problem: the jury’s verdict is internally...more

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