Morrison & Foerster tries more cases on a regular basis than most large law firms. Our current team of trial lawyers has first-chaired more than 750 jury trials across the country. In addition, we have tried hundreds of cases to arbitrators and administrative bodies.
We have seven members of the prestigious American Board of Trial Advocates and eight Fellows of the American College of Trial Lawyers.
We are the only law firm to have four lawyers on the National Law Journal's annual "Winning" list four years running. That's four different trial lawyers from one of the deepest litigation benches in the world.
Trial Preparation Philosophy
In an ideal world, all of our clients' cases would be resolved without a trial. Litigation and trial, in particular, is stressful and expensive. From the moment we begin working on a case, we are looking for efficient ways to resolve the dispute. The most cost-effective way to achieve our clients' goals is to prepare each case as if it were going to trial. We focus on the key issues, witnesses, and documents at the outset, so our clients can assess strengths and weaknesses early on. If the matter does not settle, this planning leaves us well positioned to present our client's case to a judge or jury.
Our Trial Practice Group has one mission — to achieve the best result for our client. We do this in two ways: (1) training our lawyers to have the skills essential to successfully trying a case; and (2) managing our resources and experiences so that we efficiently and effectively prepare for trial. Our firm also recognizes the significant demographic changes taking place in the United States. In most of this country's large metropolitan markets, judges (and perhaps more importantly, jurors) are becoming increasingly diverse. Because of the firm's long-standing philosophy of recruiting, training, and advancing women and lawyers of color, we are able to staff our cases with trial teams that reflect the diversity of the jurors who will decide our clients' cases.
Some of our client's most recent jury trial victories include:
- 2012: A complete defense verdict on behalf of Sandoz in a patent dispute in the District of Delaware. Allergan brought suit against Sandoz regarding an extended-release treatment for overactive bladder condition yet had all four of the patents-in-suit ruled invalid due to obviousness following the trial.
- 2012: A complete “take nothing” defense jury verdict in favor of Cessna Aircraft Company in a four-week trial in the Northern District of Texas. The jury concluded that the crash of a Cessna Caravan 208B aircraft piloted by plaintiffs' decedent Wade was primarily caused by pilot error. The plaintiffs sought over $75 million in damages.
- 2012: Victory for Sandoz in an Abbreviated New Drug Application (ANDA) litigation case in the District of New Jersey. Hospira alleged that Sandoz's new product, dexmedetomidine, would infringe two of their patents. After an eight-day trial, the court ruled in favor of our client.
- 2010: A jury verdict that Novell owns the copyrights to the UNIX computer operating system. The decision, following a three-week trial in the District of Utah, was of the utmost importance for Linux users and the open-source software community.
- 2010: A unanimous jury verdict on behalf of Ernst & Young in an accounting malpractice case. The plaintiff, a hedge fund, had sought $48 million in damages. After 10 trial days, the jury took less than two hours to conclude there was no negligence. This came hot on the heels of a 2009 defense verdict for Ernst & Young in the Southern District of New York, where plaintiffs sought damages in excess of $200 million and a jury took less than three hours to conclude there was no negligence after 12 trial days.
- 2010: A complete defense verdict for PepperBall Technologies in Los Angeles Superior Court. After a six-week jury trial, the jury took only three hours to vindicate our client.
- 2010: A jury verdict in a patent infringement case on behalf of ICU Medical. This win in federal court in Delaware followed a summary judgment victory on behalf of ICU in the Central District of California.
- 2010: A multi-million-dollar verdict on behalf of Technology Integration Group in a trade secrets and breach of contract suit in the San Francisco Superior Court. The jury returned its verdict in favor of TIG on all claims following a five-week trial.
- 2010: A defense jury verdict in a fraud and breach of contract action by a former senior employee. After a three-week trial, the jury took just over an hour to rule in our client's favor.