A newsletter by Reuters and Westlaw |
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U.S. Senate/Handout via REUTERS |
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- Both Comey and James in court filings have argued that their criminal cases must be dismissed on the grounds that the prosecutor who brought them, Lindsey Halligan, is not validly serving in her role as the interim U.S. Attorney for the Eastern District of Virginia under Section 546 of the U.S. Code.
- Halligan, with no prosecutorial experience, was sworn in after her predecessor Erik Siebert resigned under pressure for refusing to indict James and Comey.
- According to some legal experts, the best interpretation of Section 546 is that it does not allow for a second interim appointment once a first interim appointee has hit the 120-day limit.
- Courts and a 1986 DOJ memo (by then-lawyer Samuel Alito) support this interpretation. Comey argues repeated interim appointments violate the statute's intent.
- If the appointment is ruled invalid, there is some uncertainty over what happens next and whether the James and Comey indictments need to be dismissed.
- A recent ruling found another Trump appointee, Alina Habba, unlawfully held office under similar circumstances. The judge in that case ruled that the DOJ could still move forward with indictments signed by her so long as other prosecutors in her office had helped secure those indictments.
- However, Halligan presented both the Comey and James cases alone, making it more difficult for the DOJ to revive cases if her appointment is ruled invalid.
- Jan Wolfe has more analysis here.
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- Greg Bovino, the U.S. Customs and Border Protection commander overseeing the immigration crackdown in Chicago and other cities, has been ordered to appear before U.S. District Judge Sara Ellis after protesters suing the Trump administration alleged he personally violated a court order setting limits on the use of tear gas.
- Adidas will ask the 2nd Circuit for the second time to revive a lawsuit against Thom Browne over the alleged misuse of its three-stripe trademark on shoes and activewear. Adidas said a Manhattan district court should have reopened the case after a trial win for Thom Browne based on "a colossal and undisputed Thom Browne discovery failure" that denied Adidas access to "damning emails" about Thom Browne's infringement. The 2nd Circuit rejected a separate Adidas attempt to overturn the verdict last year.
- The 6th Circuit will hear an appeal in a class action lawsuit alleging Samsung's facial recognition technology violated Illinois's Biometric Information Privacy Act by collecting and using data without consent. Last year the district court granted Samsung's motion to dismiss. Read that decision here.
- U.S. District Judge Randolph Moss in D.C. will hold an evidentiary hearing in a lawsuit brought by National Public Radio challenging President Trump's executive order that seeks to cut off funding for NPR and PBS. Read the complaint.
- Inmates whose death sentences were commuted by former President Biden will ask U.S. District Judge Timothy Kelly in D.C. to issue a temporary restraining order blocking the Trump administration's efforts to transfer them to a notorious federal supermax prison in Colorado. Read the complaint.
- U.S. District Judge Sparkle Sooknanan in D.C. will hold a motion hearing in a class action lawsuit challenging the Trump administration's creation of "national data banks" that consolidate sensitive personal information across federal agencies, claiming it violates the Privacy Act, the Administrative Procedure Act and the U.S. Constitution. Read the motion for PI and the motion for stay.
- The Washington Supreme Court will hear Meta's free speech challenge to the state's Fair Campaign Practices Act, which requires businesses that run election-related advertisements to keep records on the ads for public review. The appeals court upheld the law. Read that opinion here.
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Court calendars are subject to last-minute docket changes. |
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- U.S. Circuit Judge Duane Benton has announced that he will step down from active service on the 8th Circuit, creating the first vacancy on the St. Louis-based court that President Trump could fill during his second term. Read more here.
- Voice recognition technology company Parus filed a malpractice lawsuit against law firm Mintz Levin, alleging professional negligence by the firm led to the invalidation of a key patent and the loss of potentially hundreds of millions of dollars. Read the complaint.
- Moves: Aaron Amundson, a former leader of the U.S. Commerce Department's Bureau of Industry and Security, joined Latham … Weil added national security partner Antonia Tzinova from Holland & Knight … Financial services and fintech partner Dan Jones moved to Morrison & Foerster from Orrick … Insurance recovery partner Arthur Armstrong joined Lowenstein from Reed Smith.
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"The Supreme Court has created a situation in which the ordinary process for settling factual disputes no longer exists in these cases."
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—University of Chicago constitutional law professor Aziz Huq on the U.S. Supreme Court's increased willingness to settle weighty matters on its so-called emergency docket - without the benefit of oral arguments or a full factual development of the case. Read more about how President Trump's National Guard case before the court is a fight over basic facts. |
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- The Trump administration asked the U.S. Supreme Court to pause an appellate court's ruling that blocked him from firing Copyright Office director Shira Perlmutter. Read the filing.
- The 2nd Circuit overturned the conviction of Neil Cole, the founder and former chief executive of Iconix Brand Group, for defrauding investors about the apparel licensing company's revenue and earnings. Read the decision.
- PepsiCo resolved a lawsuit accusing it of falsely marketing its Gatorade protein bars as good for you, though they contain more sugar than protein and more sugar than Snickers bars and chocolate-frosted Dunkin donuts. Read more here.
- Attorneys general from D.C., Maryland, New Jersey and Kentucky have urged a federal judge to reject $141 million in proposed price-fixing settlements between renters and major property managers, arguing the deals could undermine ongoing state enforcement actions. Read the filing.
- Teva Pharmaceuticals agreed to pay $35 million and withdraw six patents from a U.S. regulatory list to settle claims that the drugmaker delayed generic competition for its QVAR asthma inhalers, causing consumers and others to pay inflated prices. Read the proposed settlement.
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Two words — "respectful consideration" — could be key in one of the year's biggest appellate battles, as Argentina on Wednesday asks the 2nd Circuit to overturn a staggering $16.1 billion judgment. In On the Case, Jenna Greene takes a look at the fight, and how much deference U.S. courts should give a foreign sovereign's interpretation of its own laws. |
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Additional writing by Shruthi Krishnamurthy. |
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