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July 05, 2024
Feds Slam Girardi's 'Last Ditch Effort' To Block Evidence
Prosecutors urged a California federal judge Friday to reject Tom Girardi's bid to suppress evidence collected without a search warrant from his law firm's bankruptcy trustee, arguing that the trustee had control of the firm's books and records and had the power to voluntarily produce the documents for the disgraced attorney's wire fraud case.
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July 05, 2024
NFL Moves To Undo 'Runaway' $4.7B Sunday Ticket Verdict
The NFL urged a California judge Wednesday to cancel a jury's blockbuster $4.7 billion verdict that found it violated antitrust laws with its DirecTV Sunday Ticket package, saying the "irrational" award didn't match any of the damages models jurors were presented and confirms that the plaintiffs failed to prove their case.
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July 05, 2024
FTC Gears Up For Busy 2024 Merger Summer & Fall
U.S. antitrust enforcers at the Justice Department and the Federal Trade Commission are gearing up for busy months ahead against multibillion-dollar mergers in the grocery and luxury handbags spaces, while also adjusting to a hospital loss turnaround and bracing for an important airlines deal appellate ruling.
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July 05, 2024
How Reshaped Circuit Courts Are Faring At The High Court
Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.
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July 05, 2024
Breaking Down The Vote: The High Court Term In Review
The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.
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July 05, 2024
High Court Flexes Muscle To Limit Administrative State
The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.
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July 05, 2024
The Sharpest Dissents From The Supreme Court Term
The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.
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July 05, 2024
5 Moments That Shaped The Supreme Court's Jan. 6 Decision
When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.
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July 05, 2024
The Funniest Moments Of The Supreme Court's Term
In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.
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July 05, 2024
Fla. Law Firm Settles Student Debtors' Suit After Mistrial
Weeks after a mistrial upended proceedings in a contentious case in which seven student debtors accused a Boca Raton, Florida, law firm of fraudulently claiming it could eliminate their private loan debt for a fee, the debtors have voluntarily and permanently dropped the claims following a settlement negotiation.
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July 05, 2024
Tech Co. Wants To Undo $535K Retaliation Verdict
A technology company on Wednesday asked a Georgia federal judge to overturn a jury's decision to award a Black worker $535,000 in damages after finding he was fired in retaliation for complaining that his supervisor discriminated against him and that he was denied a raise because of his race.
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July 05, 2024
DOJ Asks High Court To Review Nixed Bid-Rigging Conviction
The U.S. Department of Justice has asked the U.S. Supreme Court to review the overturning of a former Contech executive's bid-rigging conviction, saying the appeals court was wrong to focus on a supplier relationship between companies that also compete for contracts.
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July 05, 2024
The Firms That Won Big At The Supreme Court
This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.
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July 05, 2024
Top Federal Tax Cases To Watch In The 2nd Half Of 2024
In the coming months, the U.S. Treasury and the IRS will defend rules designed to go after what they consider as abusive tax practices, including the economic substance doctrine, the Corporate Transparency Act and the moratorium on employee retention tax credits. Here, Law360 looks at key federal tax cases to watch in the rest of 2024.
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July 03, 2024
Menendez's Focus On Ally's Case Was Legitimate, Jury Told
Sen. Robert Menendez rested his bribery defense Wednesday after a prominent criminal defense attorney testified that Menendez was not alone in finding a certain prosecution "abusive," rebutting the notion that the lawmaker's interest was part of a quid pro quo.
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July 03, 2024
7th Circ. Backs Bulk Of Motorola's $540M Award In IP Fight
The Seventh Circuit has become one of the first courts to apply trade secrets laws extraterritorially, affirming a $407 million award Motorola won from a Chinese rival for Defend Trade Secrets Act damages in a suit over mobile radios, while finding that a $136 million award for copyright damages will have to be "reduced substantially" in order to cut out international sales.
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July 03, 2024
Fla. Court Nixes $5.5M Award In Patient Stroke Suit
A Florida state appellate panel on Wednesday vacated a $5.5 million award in a suit accusing a cardiologist of causing a woman's incapacitating stroke due to alleged medical malpractice, saying the doctor was unfairly denied the opportunity to blame a nonparty surgeon.
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July 03, 2024
Guo Witnesses Point To Chinese Harassment Of Dissidents
Defense witnesses in the $1 billion fraud trial of Miles Guo told a Manhattan federal jury Wednesday that the Chinese dissident is a prime target of "Operation Fox Hunt," an alleged program within China's government that aims to silence and repatriate critics of the regime.
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July 03, 2024
Rochester Says Chevron Ruling May Impact Telecom Fee Deal
The city of Rochester is clashing with Verizon Wireless, Crown Castle and Extenet in New York federal court over the impact of the U.S. Supreme Court's recent ruling overturning the Chevron deference amid litigation over how much the city can charge telecoms to do business.
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July 03, 2024
Panel Says Settlement Evidence Was 'Harmless' In Injury Case
The Georgia Court of Appeals on Tuesday said a trial court was right to let a hospital tell jurors about a surgeon's settlement with a man who sued over postsurgery complications, saying it is "highly probable" that the evidence didn't contribute to a jury verdict in the hospital's favor.
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July 03, 2024
Publix Owes Woman $4.2M In Slip-And-Fall Suit, Jury Finds
A Florida jury has awarded a woman more than $4.2 million in damages for injuries she sustained while shopping at a Publix supermarket, finding after a trial in state court that the company was negligent for causing her health problems after she slipped and fell on water in the store's produce department.
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July 03, 2024
Monsanto Ducks Roundup Case As Philly Plaintiff Withdraws
A plaintiff in the Philadelphia Roundup weedkiller mass tort has voluntarily discontinued her case against Monsanto after a city judge granted summary judgment on all but one claim, letting the Bayer AG unit off the hook in the suit, at least temporarily, about a week before it was slated to go before a jury.
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July 03, 2024
Doctor Who Won $12M Assault Case Can't Revive USC Claims
A female doctor who won a $12 million verdict against a male colleague over a sexual assault at a Los Angeles County hospital affiliated with USC's Keck School of Medicine can't revive sexual harassment claims against the university and the county, a California appellate court held.
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July 03, 2024
Penile Implant Doc Seeks $7M Atty Fees, Costs In $18M IP Win
A urologist who won $18.3 million in royalties and damages after a jury found a rival stole his penile implant trade secrets and infringed his intellectual property asked a California federal judge for $6.5 million in attorney fees and $614,000 in costs, saying he is owed the funds as the prevailing party in the litigation.
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July 03, 2024
Ohio Ambulance Co. Keeps Win In Air Horn Injury Suit
An Ohio state appeals panel has affirmed a jury verdict in favor of Emergency Medical Transport Inc. in a suit by a woman who alleges her hearing was damaged by an air horn on one of its ambulances, saying a dispute over whether EMT's own ambulance indeed caused the injury was what ultimately blocked the jury instruction she wanted.
Expert Analysis
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Opinion
Trump Immunity Ruling Upends Our Constitutional Scheme
The U.S. Supreme Court’s Trump v. U.S. decision elevates the president to imperial status and paves the way for nearly absolute presidential immunity from potential criminal prosecutions — with no constitutional textual support, says Paul Berman at the George Washington University Law School.
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High Court Paves Middle Ground For Proceedings Obstruction
The U.S. Supreme Court's ruling in Fischer sensibly leaves the door open for prosecutors to make more nuanced assessments as to whether defendants' actions directly or tangentially impair the availability or integrity of anything used in an official proceeding, without criminalizing acts such as peaceful demonstrations, say attorneys at Perry Law.
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How To Clean Up Your Generative AI-Produced Legal Drafts
As law firms increasingly rely on generative artificial intelligence tools to produce legal text, attorneys should be on guard for the overuse of cohesive devices in initial drafts, and consider a few editing pointers to clean up AI’s repetitive and choppy outputs, says Ivy Grey at WordRake.
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Opinion
A Tale Of 2 Trump Cases: The Rule Of Law Is A Live Issue
The U.S. Supreme Court’s decision this week in Trump v. U.S., holding that former President Donald Trump has broad immunity from prosecution, undercuts the rule of law, while the former president’s New York hush money conviction vindicates it in eight key ways, says David Postel at Henein Hutchison.
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Series
Boxing Makes Me A Better Lawyer
Boxing has influenced my legal work by enabling me to confidently hone the skills I've learned from the sport, like the ability to remain calm under pressure, evaluate an opponent's weaknesses and recognize when to seize an important opportunity, says Kirsten Soto at Clyde & Co.
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Opinion
Industry Self-Regulation Will Shine Post-Chevron
The U.S. Supreme Court's Loper decision will shape the contours of industry self-regulation in the years to come, providing opportunities for this often-misunderstood practice, says Eric Reicin at BBB National Programs.
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Justices' Bribery Ruling: A Corrupt Act Isn't Necessarily Illegal
In its Snyder v. U.S. decision last week, the U.S. Supreme Court held that a bribery law does not criminalize gratuities, continuing a trend of narrowing federal anti-corruption laws and scrutinizing public corruption prosecutions that go beyond obvious quid pro quo schemes, say Carrie Cohen and Christine Wong at MoFo.
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3 Ways Agencies Will Keep Making Law After Chevron
The U.S. Supreme Court clearly thinks it has done something big in overturning the Chevron precedent that had given deference to agencies' statutory interpretations, but regulated parties have to consider how agencies retain significant power to shape the law and its meaning, say attorneys at K&L Gates.
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Key Takeaways From High Court's Substitute Expert Decision
The U.S. Supreme Court’s recent Smith v. Arizona decision, holding that the confrontation clause generally bars prosecutors’ use of a substitute expert witness at trial, will have the most impact in narcotics and violent crime cases, but creative defense lawyers may find it useful in white collar cases, too, say Joshua Naftalis and Melissa Kelley at Pallas Partners.
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Opinion
Atty Well-Being Efforts Ignore Root Causes Of The Problem
The legal industry is engaged in a critical conversation about lawyers' mental health, but current attorney well-being programs primarily focus on helping lawyers cope with the stress of excessive workloads, instead of examining whether this work culture is even fundamentally compatible with lawyer well-being, says Jonathan Baum at Avenir Guild.
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Series
Skiing And Surfing Make Me A Better Lawyer
The skills I’ve learned while riding waves in the ocean and slopes in the mountains have translated to my legal career — developing strong mentor relationships, remaining calm in difficult situations, and being prepared and able to move to a backup plan when needed, says Brian Claassen at Knobbe Martens.
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Unpacking The Circuit Split Over A Federal Atty Fee Rule
Federal circuit courts that have addressed Rule 41(d) of the Federal Rules of Civil Procedure are split as to whether attorney fees are included as part of the costs of a previously dismissed action, so practitioners aiming to recover or avoid fees should tailor arguments to the appropriate court, says Joseph Myles and Lionel Lavenue at Finnegan.
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Justices' 'Blind Mule' Ruling Won't Change Defense Strategy
The U.S. Supreme Court’s decision last week in Diaz v. U.S., holding that expert witnesses can testify broadly about the mental state of “most people” in a group, simply affirms the status quo for the majority of defendants, and is unlikely to change defense counsel’s strategy at trial, says Walter Gonçalves at the Arizona Federal Public Defender's Office.
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4 Steps To Repair Defense Credibility In Opening Statements
Given the continued rise of record-breaking verdicts, defense counsel need to consider fresh approaches to counteract the factors coloring juror attitudes — starting with a formula for rebuilding credibility at the very beginning of opening statements, says Ken Broda-Bahm at Persuasion Strategies.
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Prejudicial Evidence Takeaways From Trump Hush Money Trial
The Manhattan District Attorney's Office's prosecution and conviction of former President Donald Trump on 34 felony counts provides a lesson on whether evidence may cause substantial unfair prejudice, or if its prejudicial potential is perfectly fair within the bounds of the law, says Reuben Guttman at Guttman Buschner.