Two major trials kick off |
It's a big day in Baltimore as two major trials kick off. In a federal courtroom, Students for Fair Admissions – the group that successfully convinced the U.S. Supreme Court to bar the consideration of race in college admissions – is set to take the U.S. Naval Academy to trial in a challenge to an exemption that has allowed military academies to continue to employ affirmative action policies. Here's Nate Raymond's story on the trial. And jury selection is beginning today in state court in a trial over the city of Baltimore's $11 billion lawsuit accusing drugmaker J&J and drug distributors McKesson and Cencora of fueling an epidemic of opioid addiction. The city opted out of large national opioid settlements and is now hoping it can win more money by taking companies to court on its own. Brendan Pierson has the story. |
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- U.S. District Judge Daniel Traynor in Bismarck, North Dakota, rejected a request to recuse himself from a lawsuit pursued by current and former Columbia Law School faculty concerning protests over the Dakota Access oil pipeline after he and 12 other judges said they would boycott hiring law clerks from the school.
- Federal judges should restrict their law clerks from seeking jobs with political organizations while they are still working for the court system to avoid the risk of compromising the judiciary's independence, according to new ethical guidance from the U.S. Judicial Conference's Committee on Codes of Conduct.
- A Texas woman seeking damages over her allegedly tainted 23-year-old drug conviction cannot proceed with her case against Midland County, Texas, and two former prosecutors, a divided 5th Circuit ruled.
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That's how much active California lawyers will pay in licensing fees to the state bar association next year, marking a 17% increase. The $88 fee jump is less than the $125 boost bar officials requested but will help keep the cash-strapped agency solvent, they said. Karen Sloan has more on the dues hike. |
Where some see wild horses as "living symbols of the historic and pioneer spirit of the West," as Congress put it in a 1971 law protecting the animals, others decry them as pests – voracious grazers that reproduce rapidly and compete with livestock for forage on unfenced tracts of private land. In her latest column, Jenna Greene looks at a potential showdown over the fate of wild horses in Wyoming and beyond that's looming before the 10th U.S. Circuit Court of Appeals. |
"The jury was only allowed to see half the picture." |
—Lawyer Alexandra Shapiro in a 102-page brief urging the 2nd Circuit to overturn FTX founder Sam Bankman-Fried's conviction and 25-year prison sentence for stealing $8 billion from customers. Shapiro said U.S. District Judge Lewis Kaplan erred in preventing the former billionaire from introducing evidence to back up his belief that FTX had enough funds to cover customer withdrawals. Read more from Luc Cohen. |
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- Today, TikTok and parent company ByteDance face a key hearing in a legal battle seeking to block a law that could ban the app used by 170 million Americans as soon as Jan. 19. The oral argument in the D.C. Circuit puts the fate of Chinese-owned TikTok in the middle of the final weeks of the 2024 presidential election.
- Also today, Reno, Nevada, Probate Commissioner Edmund Gorman is holding a closed-door court hearing over control of Rupert Murdoch's media empire. Murdoch is attempting to change the terms of the family's irrevocable trust to ensure his newspapers and television networks remain under control of his eldest son and chosen heir, Lachlan Murdoch, according to the New York Times.
- On Tuesday, a hearing in the FTC's lawsuit to block Kroger's $25 billion acquisition of rival grocer Albertsons is due to close in Portland, Oregon, federal court. The case has been seen as a test of the agency's bid to use antitrust laws to protect workers.
- On Wednesday, a federal judge in Georgia will consider whether to further block the Biden administration from implementing its latest student debt forgiveness plan. U.S. District Judge J. Randal Hall entered a temporary restraining order earlier this month after finding that a group of Republican-led states had established a likelihood of proving the Education Department lacked authority to cancel student loans under the plan.
- On Friday, the D.C. Circuit is hearing arguments as it weighs whether a group of victims of the 1998 al Qaeda bombings of American embassies in Kenya and Tanzania are entitled to $10 million in Iranian funds seized by the U.S. after the victims won a nearly $1 billion judgment against the country.
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Court calendars are subject to last-minute docket changes. |
- The Pennsylvania Supreme Court from almost two weeks ago that had said the two most populous counties of the battleground state will not be able to throw out mail-in votes over incorrect envelope dates.
- Carl Icahn's investment company Icahn Enterprises won dismissal of a lawsuit claiming it artificially inflated its share price by issuing unsustainably high dividends to help the billionaire investor obtain large amounts of personal loans.
- 23andMe will pay $30 million and provide three years of security monitoring to settle a lawsuit accusing the genetics testing company of failing to protect the privacy of 6.9 million customers whose personal information was exposed in a data breach last year.
- A UCLA neuroscience professor sued six major academic journal publishers, claiming in a proposed class action that they violated antitrust law by barring simultaneous submissions to multiple journals and denying pay for "peer review" services.
- U.S. District Judge Tanya Chutkan in D.C. blocked new oil drilling permits for a 5,000-well oil and gas development project in Wyoming after agreeing with environmental groups that the U.S. Bureau of Land Management conducted a flawed assessment of how the Converse County Oil and Gas Project would affect groundwater supplies.
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- Nicole Cadman, former general counsel at startup accelerator Y Combinator, joined Freshfields as a Silicon Valley-based partner. (Reuters)
- Clark Hill added aviation litigation partner Roy Goldberg in D.C. from Stinson. (Clark Hill)
- Honigman brought on Chicago-based partner Benjamin Kirschner to lead its institutional real estate practice from Sidley. (Honigman)
- Nelson Mullins added commercial litigation partner Jeff Schieber in Chicago from Taft. (Nelson Mullins)
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In medical malpractice cases where plaintiffs claim they have lost the chance for survival due to a healthcare provider's failure to diagnose or treat a condition, courts have adopted the loss-of-chance doctrine to help determine patients' potential recovery. But the degree of lost chance required varies by jurisdiction, write Abbye Alexander, Christopher Tellner and Henry Norwood of Kaufman Dolowich. Read today's Attorney Analysis. |
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