Lessons Learned: A Government Litigation Case Study
U.S. Eleventh Circuit Court of Appeals - Parrott v. Neway - bankruptcy, appeal, timeliness - Muscogee (Creek) Nation v. Rolin - tribal immunity - Hornady v. Outekumpu Stainless - default judgment sanction - USA...more
On August 23, Judge Rebecca Beach Smith issued a notable decision that serves as a stern warning to out-of-state counsel seeking to practice in the Eastern District — and, perhaps more so, to the local counsel who choose to...more
$140 Million Healthcare Fraud Case to Be Retried - On June 27, a Houston federal district court judge indicated that a $140 million healthcare fraud case, which ended in mistrial in December 2022 due to allegations of...more
Allegations of a sprawling poultry price-fixing scheme affecting millions of Americans. An “unheard-of” three trials. Two mistrials. The Assistant Attorney General for the U.S. Department of Justice (DOJ) Antitrust Division...more
On October 28, 2022, Vice Chancellor Morgan T. Zurn of the Delaware Court of Chancery ruled that the declaratory action brought by Buzzfeed Inc. against 91 current and former employees is not bound by arbitration provisions...more
In a decision with potential far-reaching implications, the Sixth Circuit federal appeals court this week preserved a witness’s right against self-incrimination at trial in a civil case where deposition testimony had...more
At the climax of one of the most watched trials that took place in 2022, conspiracy theorist and media personality Alex Jones breathed life into the infamous fictional lawyer once more on August 3, 2022 when confronted with...more
The end of 2021 continued to be a busy time for antitrust enforcers in the U.S. and around the world. Perhaps most notably, in November the Senate confirmed Jonathan Kanter to lead the U.S. Department of Justice’s Antitrust...more
Despite surviving summary judgment, securing a favorable verdict at the second trial, and being awarded counsel fees, Plaintiff’s gender discrimination case was abruptly dismissed by the Appellate Division. On January 3,...more
AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics. In this edition, we discuss recent criticism of the Justice Department’s use of “taint teams” to review...more
When Anming Hu, an engineering professor at the University of Tennessee, Knoxville (“UTK”) was indicted in February 2020 on charges related to his alleged failure to disclose ties to a state-run Chinese university, the case...more
United States v. Yusuf (April 2, 2021), No. 19-3472 Unanimous decision: Jordan (writing), McKee, and Smith Concurrence: McKee Defendants pleaded guilty to their respective crimes and stipulated that they would not argue, at...more
Shook Of Counsel John Johnson III will answer “That Food Safety or FDA Question You’ve Always Wanted to Ask” in a webinar presented by AIB International on Friday, June 4, at 11:00 a.m. CDT. The webinar will be live and will...more
If you have received a federal indictment, you are facing a serious set of circumstances. Unless you are able to have your indictment dismissed, you will go to trial on federal charges, and you will be at risk for facing...more
Following a mistrial in a Sherman, Texas courthouse, all four Federal Districts in Texas ordered continuances of their upcoming in-person jury trials. On November 17, Judge Mazzant granted a mistrial after several...more
Should the situation of a litigant and attorney rendering medical aid to a juror who fell ill during closing arguments should have resulted in mistrial? Giraldo Tirado and Christian Tirado, as Plenary Guardians of the Estate...more
A BigLaw civil jury trial finished yesterday in the US District Court for the Eastern District of Missouri. The first phase was a 12-day trial that began October 1 and concluded on October 22 with a verdict of $21 million in...more
Pinter-Brown v. The Regents of the Univ. of Cal., 2020 WL 1950808 (Cal. Ct. App. 2020) - The California Court of Appeal reversed a $13 million judgment that was entered against UCLA in favor of one of its former...more
Massachusetts state and federal courts issued a number of important product liability decisions in 2019. The Product Liability practice group at Nutter recently reviewed these cases. Highlighted below are some of the key...more
Precedential Opinions of Note - District Court Lacked Authority to Dismiss Indictment After Two Mistrials - United States v. Wright (January 17, 2019), No. 17-1972 Majority decision: Shwartz (writing) and McKee Dissent:...more
In June, the Pennsylvania Supreme Court issued a controversial opinion holding that a physician had to have face-to-face interaction with the patient to effectively obtain informed consent. This has raised heightened...more
DISTRICT COURT - Expert’s Failure to Disclose Certain Materials Relied upon in Forming Opinion Warrants Mistrial - On February 29, 2016, Judge Robert Payne of the Eastern District of Virginia declared a mistrial as...more
The Rhode Island Supreme Court’s recent decision in Roma v. Moreira, No. 2014-141-Appeal, 2015 R.I. LEXIS 106 (R.I. Nov. 13, 2015) serves as a reminder to trial counsel that if you hear something that leads you to believe...more
Following a 9-day jury trial, a mistrial was declared due to a hung jury. The court granted JMOL with respect to invalidity of certain claims. New trial dates were set for remaining claims, and the court addresses here...more
In Velasquez v. Centrome, Inc. (No. B247080, filed 1/30/2015) the Court of Appeal, Second District, held that a trial judge’s disclosure to the panel of prospective jurors of plaintiff’s status as an undocumented alien was...more