Law Offices of Gary Martin Hays & Associates
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Our global newsroom covers litigation at every level, from bet-the-company cases involving multinational litigants to local personal injury lawsuits with statewide implications. Here you'll find the best of our litigation trend analysis and in-depth commentary from practitioners and judges, along with our coverage of key players, breaking news, game-changing rulings, major recoveries and international cases.
Abigail Adcox | April 05, 2024
Law firms may face business risks if a single client's bills make up more than 5% of a firm's total revenue, some consultants suggest, while others say the threshold would have to be much higher.
Avalon Zoppo | April 05, 2024
"[S]houldn’t the output stand on its own—whether it was drafted by a robot, a first year associate, or an experienced partner?” said John Nalbandian.
Jimmy Hoover | April 05, 2024
Stanford's Joseph A. Grundfest says his percentages-rich method involves more than simple "nose counting."
Phil Goldberg | April 05, 2024
Some lawyers have found that they can gain an advantage in an MDL by stockpiling claims, regardless of their individual merits. In recent years, this gamesmanship has become a huge problem.
Charles Toutant | March 25, 2024
Like the Department of Justice suit, the consumer class actions claim Apple engages in exclusionary conduct to shut competitors out of the markets for revenue from areas such as its App Store, Apple Pay and music streaming.
Avalon Zoppo | March 21, 2024
David Tatel also voiced concern for the fall of "Chevron deference."
Avalon Zoppo | March 18, 2024
"I think there's going to be a huge number of reverse discrimination type cases filed this year and in subsequent years," said employment lawyer Jason Schwartz.
Jimmy Hoover | March 19, 2024
"Mixed questions of law and fact, even when they are primarily factual, fall within the statutory definition of 'questions of law' ... and are therefore reviewable," Justice Sonia Sotomayor wrote for the majority.
Mason Lawlor | March 20, 2024
"I really think 'McKelvey' will prove to be a landmark decision because other courts, not necessarily all of them or the majority of them, will follow it because we're in the modern world here, and courts have to be cognizant of technology and the impact on our rights," the defendant's attorney, Robert John in Fairbanks, Alaska, told Law.com.
Avalon Zoppo | March 12, 2024
Lawsuits filed in single-judge divisions and which seek to bar state or federal actions will be randomly assigned among all the judges in the district where the case is lodged.
Ross Todd | March 13, 2024
U.S. District Judge Wesley Hsu says that judges’ information online should be fair game for those putting together predictive analytics. Then again, as someone who previously spent more than a decade prosecuting cybercrime, he has a tiny digital fingerprint.
ALM Staff | March 12, 2024
Exhibit J is the crux of the New York Times' copyright-infringement lawsuit that accuses Microsoft and OpenAI of using copyright-protected content to train their AI model GPT-4.
Amanda Bronstad | March 11, 2024
Brizuela, who joined Scott + Scott's San Diego office last year, is involved in some of the most cutting-edge antitrust cases, suing crude oil producers over high gas prices and real estate management software provider RealPage over its algorithmic pricing.
Charles Toutant | January 08, 2024
A growing reliance on electronic messages is causing an unexpected outcome.
Mike Neighbors | December 28, 2023
As 2023 comes to an end, we’re looking back at significant litigation trends surfaced by Law.com Radar.
Avalon Zoppo | December 28, 2023
Anti-terrorism efforts, venue, drug pricing, defamation and air pollution appear to be heading to the Supreme Court.
Jimmy Hoover | December 26, 2023
With cert grants having slowed to a trickle, many appellate attorneys have shifted their focus to lower courts.
Avalon Zoppo | December 26, 2023
By contrast, the report also found that the probability of plaintiff success in harassment cases on appeal decreased after the #MeToo movement began.
Amanda Bronstad | November 08, 2023
Welcome to Law.com Class Actions: Critical Mass, a weekly briefing for class action and mass tort attorneys. This week: Another Roundup trial began…
Wynter L. Deagle, Anne-Marie D. Dao and Dane C. Brody Chanove | December 26, 2023
Just in time for the holidays, the plaintiffs’ bar has gifted the business community with yet another newly minted privacy litigation theory, according to Sheppard Mullin's Wynter Deagle, Anne-Marie Dao and Dane Brody Chanove.
Alex Anteau | December 19, 2023
“There’s this geopolitical-style battle taking place in the rights owner community: Are we still gonna play by the old rules or is there a new shiny option that allows us to solve all our problems and make some money along the way?” said Eric Goldman, associate dean for research and professor at the Santa Clara University School of Law.
Amanda Bronstad | December 06, 2023
Amanda Bronstad | November 15, 2023
Colleen Murphy | October 18, 2023
Another court has ruled that a school’s Title IX proceedings were deficient and therefore could not be classified as “quasi-judicial" for the purpose…
Zack Needles | October 13, 2023
Two recent lawsuits, both of which have achieved levels of success in court, sought to recoup losses allegedly caused by associates who were either underproductive or out of their depth.
Colleen Murphy | September 25, 2023
This trend was first surfaced by Law.com Radar.
Amanda Bronstad | November 22, 2023
Amanda Bronstad | August 30, 2023
This week: 3M announced a $6 billion settlement on Tuesday to resolve hundreds of thousands of lawsuits over its combat earplugs. After punting in the Roundup litigation, the U.S. Court of Appeals for the Ninth Circuit supported common benefit assessments in a separate case. Find out who represents Whirlpool in California class actions over disclosures to consumers.
Max Mitchell Aleeza Furman | August 23, 2023
"You're going to get this crazy algorithm and then you're going to have to figure out, what does it mean," Senoff said. "Now in addition to medical experts, you're going to need computer experts to decipher the algorithm."
Avalon Zoppo | August 22, 2023
The AI tool can help with style but is not reliable for research, attorneys add.
Amanda Bronstad | August 23, 2023
Welcome to Law.com Class Actions: Critical Mass, a weekly briefing for class action and mass tort attorneys. This week: With Johnson & Johnson's second…
Avalon Zoppo | August 23, 2023
Hilton Hotels Retirement Plan asks U.S. Supreme Court to decide class action certification issue that has divided lower courts.
Avalon Zoppo | August 25, 2023
Law professor Joe Fore makes the aesthetic and practical case for greater uniformity in circuit court opinion formats.
Adolfo Pesquera | August 25, 2023
"AutoNation did not present evidence establishing security procedures that would prevent unauthorized access, or demonstrate that users were required to complete all steps before moving on," Fourteenth Court of Appeals Justice Jerry Zimmer said.
Brad Kutner | August 25, 2023
“Certainly, with the AGs raising the issue at a louder level, it has led many companies and rating agencies to reconsider the use of ESG metrics,” said Cozen O’Connor member Jerry Kilgore.
Aleeza Furman | August 02, 2023
Johnson & Johnson vows another appeal after its subsidiary's second bid at filing for bankruptcy is dismissed. The New York State Unified Court System is hit with a class action from court interpreters alleging discriminatory pay and treatment.
Avalon Zoppo | August 04, 2023
The U.S. Judicial Conference expresses concern with congressional budget proposals. The judge overseeing Trump's District of Columbia trial is no stranger to Jan. 6-related criminal proceedings.
Amanda Bronstad | July 19, 2023
Welcome to Law.com’s Class Actions: Critical Mass, a weekly briefing for class action and mass tort attorneys. This week: An ethics debate swirling…
Amanda Bronstad | July 12, 2023
Welcome to Law.com’s Class Actions: Critical Mass, a weekly briefing for class action and mass tort attorneys.
Amanda Bronstad | June 05, 2023
Digital payment apps and chatbots are changing the administration of class action settlements.
Isha Marathe | June 01, 2023
Two judges have now issued new requirements for attorneys using generative artificial intelligence in legal work. The legal industry finds itself split when it comes to the necessity of these mandates.
Amanda Bronstad | June 07, 2023
Welcome to Law.com Class Actions: Critical Mass, a weekly briefing for class action and mass tort attorneys.
Amanda Bronstad | May 17, 2023
Welcome to Law.com Class Actions: Critical Mass, a weekly briefing for class action and mass tort attorneys.
Avalon Zoppo | April 21, 2023
Survey finds jurists more wary than practitioners about holding proceedings remotely.
Christine Schiffner | April 24, 2023
State attorneys general and plaintiffs firms join forces in fight against environmental pollution caused by "forever chemicals," ushering in a new era of litigation which could cost billions.
Amanda Bronstad | April 26, 2023
Welcome to Law.com Class Actions: Critical Mass, a weekly briefing for class action and mass tort attorneys.
Amanda Bronstad | April 19, 2023
Lengthy hearings occurred on key issues in both the Johnson & Johnson talc bankruptcy and the Chapter 11 case involving 3M’s combat earplugs.
Cassandre Coyer | April 03, 2023
Plaintiffs attorneys are pushing the boundaries of what “wiretapping conversations” means in the age of chatbots and session replay software. The latest example? The wave of lawsuits brought under the California Invasion of Privacy Act (CIPA).
Avalon Zoppo | April 02, 2023
Federal appellate judges Timothy Tymkovich and Jennifer Elrod talk about the reasons they volunteer to visit district courts.
Zack Needles | March 31, 2023
There was a time when the idea of state courts struggling to find lawyers eager to don the black robe would have been unheard of. But more recently, the prestige of being a state judge has been overshadowed by a stark economic reality: experienced lawyers can make a lot more money doing just about anything else in this industry.
Amanda Bronstad | March 29, 2023
Welcome to Law.com Class Actions: Critical Mass, a weekly briefing for class action and mass tort attorneys.
Avalon Zoppo | March 28, 2023
In a letter to the committee last year, Judge Ralph Erickson said judges invested in Berkshire Hathaway could be unaware that a company in a case before them is a subsidiary of the conglomerate and that their recusal might be necessary.
Avalon Zoppo | March 30, 2023
The idea was brought up at the Advisory Committee on Appellate Rules’ latest meeting this week, and appears to be welcomed by appellate practitioners.
Avalon Zoppo | March 31, 2023
A judiciary committee is looking at dropping the requirement that amici seek permission before filing briefs in federal appeals courts, following the U.S. Supreme Court’s move in that direction last year.
Brian Lee | March 08, 2023
Reasons that make New York a likely target include its scaffold law, which accounts for nearly half of all nuclear verdicts, the report said.
Brad Kutner | March 08, 2023
An amicus in the case pointed to statistics that showed over 8% of all pending civil cases made it to trial in 1973. Fast forward to 2019, the last year the U.S. Court system published statistics, and that number dropped to 0.7%.
Amanda Bronstad | March 08, 2023
Welcome to Law.com Class Actions: Critical Mass, a weekly briefing for class action and mass tort attorneys. This week: A magistrate judge…
Brad Kutner Avalon Zoppo | March 03, 2023
This week, we take a look at a SCOTUS amicus brief filed on behalf of a handful of federal judges hoping to see a panel rehearing practice get the ax, plus Biden's latest judicial nominees.
Alaina Lancaster | February 16, 2023
Attorneys are changing how they prepare for trial, turning to technology and communicating more with judges to adapt to an increasingly packed schedule.
Christine Schiffner | February 10, 2023
Crypto, Big Tech and the threat of a commercial real estate bubble are some of the areas plaintiffs attorneys are closely watching as targets of potential securities litigation this year.
Isha Marathe | January 27, 2023
Product and design teams still think of lawyers as "innovation blockers." But a working relationship with legal departments is increasingly necessary to prevent "dark pattern" lawsuits.
Avalon Zoppo | January 27, 2023
Mark Lanier, founder of the Texas-based Lanier Law Firm, said the change could weaken a lawyer's strategy in some situations.
Amanda Bronstad | January 25, 2023
Welcome to Law.com Class Actions: Critical Mass, a weekly briefing for class action and mass tort attorneys.
Amanda Bronstad | January 18, 2023
Welcome to Law.com Class Actions: Critical Mass, a weekly briefing for class action and mass tort attorneys.
Amanda Bronstad | January 11, 2023
Welcome to Law.com Class Actions: Critical Mass, a weekly briefing for class action and mass tort attorneys.
Amanda Bronstad | December 07, 2022
Here's your weekly briefing on class actions and mass tort attorneys.
Scott Graham | December 02, 2022
The judge fired a massive salvo in his campaign to pull back the curtain on litigation funding generally and on patent monetization company IP Edge in particular.
ALM Staff | November 30, 2022
This article features litigation insight from ALM's new Trend Detection system. This proprietary system uncovers shifts and patterns in case filings using advanced data analysis and expert curation. Trend Detection is included with Law.com Radar as part of a Law.com subscription.
Avalon Zoppo | December 01, 2022
When Aliza Shatzman was applying to clerkships, she said she wishes, looking back, that there were resources for her to research the judges she was considering working for.
Amanda Bronstad | November 29, 2022
Lawsuits by firms including Milberg Coleman Bryson Phillips Grossman and Levin Sedran & Berman cite independent laboratory testing that found the actual protein levels in some of Beyond Meat's products are 20% less than advertised.
Brad Kutner Avalon Zoppo | November 22, 2022
Happy Wednesday from Avalon and Brad, and welcome to another round-up of the week’s news about the judiciary. We are a few days early because of Thanksgiving.…
Amanda Bronstad | November 22, 2022
I’m Amanda Bronstad. Feel free to reach out to me with your input. My email is [email protected], or follow me on Twitter: @abronstadlaw.
Avalon Zoppo Brad Kutner | November 17, 2022
The judiciary was forced to undergo changes during the pandemic to keep its doors open, and now courts across the country are having serious discussions about what new rules should stick around. We take a look.
Amanda Bronstad | November 16, 2022
I’m Amanda Bronstad. Feel free to reach out to me with your input. My email is [email protected], or follow me on Twitter: @abronstadlaw.
Amanda Bronstad | November 09, 2022
I'm Amanda Bronstad. Feel free to reach out to me with your input. My email is [email protected], or follow me on Twitter: @abronstadlaw.com.
Andrew Goudsward | November 07, 2022
The DOJ antitrust division has vowed to go to court to press its more expansive enforcement views. A victory in a major book publishers case followed a trio of early defeats.
Scott Graham | November 04, 2022
It's a big day for MoloLamken partner Jeffrey Lamken, who is counsel of record to petitioners Amgen and Abitron.
Cassandre Coyer | November 04, 2022
Another Dropbox blunder led to the release of private emails in the investigation of the Jan. 6 riots, begging the question: Are file sharing platforms lawyers’ kryptonite?
Amanda Bronstad | November 04, 2022
A judge is considering sanctions after an Oct. 4 motion in which plaintiffs lawyers alleged 3M had made an “about-face” two months ago in its legal position. That’s a “jarringly novel litigation stance,” the judge wrote.
Scott Graham | November 04, 2022
It's Term Jeff Lamken at the Supreme Court as the MoloLamken partner persuades the court to grant cert in cases of patent enablement and trademark extraterritoriality.
Avalon Zoppo | November 03, 2022
“When you put a partisan label on a judicial candidate, it creates a hope, perhaps with people who share that judge's party or a fear for people who aren't in that judge's party, that the judge is going to be toeing a partisan line,” a candidate for North Carolina Supreme Court said.
Christine Schiffner | October 31, 2022
While U.S. regulators are pushing for more transparency and audit quality of Chinese firms listing on U.S. stock exchanges, some plaintiffs firms still see high risks for investors.
Cedra Mayfield | November 01, 2022
"A judicial spouse could earn untold sums, via legal or consulting work, from entities that have cases before their husband or wife, and the public would be none the wiser, so long as the entities paid their employer and not the spouse directly," read a statement by Fix The Court, a New York-based advocacy group.
Amanda Bronstad | October 26, 2022
I’m Amanda Bronstad. Feel free to reach out to me with your input. My email is [email protected], or follow me on Twitter: @abronstadlaw.
Zack Needles | October 27, 2022
Right now may be the worst time in history to try a judge's patience with misconduct, unresponsiveness and petty squabbling during the evidence-gathering stage of a case.
Avalon Zoppo Brad Kutner | October 27, 2022
A Ninth Circuit judge questioned whether the LSAT harms diversity in law schools.
Amanda Bronstad | October 24, 2022
Attorney Danielle Mason said she planned to file two more lawsuits this week.
Christine Schiffner | October 20, 2022
From battling for MDL leadership, to positing one-off arguments on precedential matters, to undercutting fees, senior members of the plaintiffs bar warn colleagues on the need to be more unified.
Amanda Bronstad | October 18, 2022
Dozens of lawsuits allege Kia and Hyundai failed to include a common security feature in their vehicles, leading to a surge of car thefts aided by viral videos on TikTok and YouTube demonstrating exactly how to steal them.
Amanda Bronstad | October 19, 2022
I’m Amanda Bronstad. Feel free to reach out to me with your input. My email is [email protected], or follow me on Twitter: @abronstadlaw.
Avalon Zoppo Brad Kutner | October 13, 2022
Senate aides believe President Joe Biden should be able to say he’s confirmed at least 109 federal judges by the end of his second year in office, but losing the Senate after the midterm elections could end his breakneck pace of appointments.
ALM Staff | October 07, 2022
This article features litigation insight from ALM's new Trend Detection system. This proprietary system uncovers shifts and patterns in case filings using advanced data analysis and expert curation. Trend Detection is included with Law.com Radar as part of a Law.com subscription.
Avalon Zoppo | October 05, 2022
A judiciary committee is weighing a suggestion that the midnight deadline for e-filing be made earlier to help improve attorney work-life balance.
Aleeza Furman | September 28, 2022
“We’ve always been direct with juries, but now we realize if you can be very direct with juries … they will award numbers that you’re looking for,” said Michael Pansini of the Pansini Law Group.
ALM Staff | September 27, 2022
This article features litigation insight from ALM's new Trend Detection system. This proprietary system uncovers shifts and patterns in case filings using advanced data analysis and expert curation. Trend Detection is included with Law.com Radar as part of a Law.com subscription.
Amanda Bronstad | September 14, 2022
“The statistics suggest there may be something really wrong with the MDL process,” said U.S. District Judge Vince Chhabria, who is weighing what to do with 750 remaining Roundup lawsuits after Bayer settled most of the cases.
Amanda Bronstad | September 14, 2022
I’m Amanda Bronstad. Feel free to reach out to me with your input. My email is [email protected], or follow me on Twitter: @abronstadlaw.
Charles Toutant | September 13, 2022
"I think it's going to force more companies to take a closer, more active look and engage themselves with pay equity more. And it will also give people more of a chance to say 'I don't think my pay is fair,' and engage on that issue," said attorney David Rapuano.
Amanda Bronstad | September 13, 2022
The U.S. Department of Justice objected to about $180,000 in incentive awards proposed in a $63 million class action settlement over the 2014 data breach at the U.S. Office of Personnel Management.
Brad Kutner Avalon Zoppo | September 08, 2022
This week, we took a closer look at a memorable dissent from a federal appeals court judge, and why one court watcher called it an example of “why diversity on the bench is so critical.”
Christine Schiffner | September 07, 2022
Plaintiffs and defense firms alike are bracing for a new wave of environmental litigation centering on "forever chemicals," after the EPA has signaled to set new regulatory standards classifying these substances as hazardous under CERCLA, commonly known as "Superfund."
Mason Lawlor | September 07, 2022
"The people that suffered injuries post-vaccination need to be compensated for it," personal injury attorney Michael L. Baum of Baum Hedlund Aristei & Goldman said. "They need medication, they need to be acknowledged for what they're going through and not just told that it's in their heads."
Zack Needles | August 30, 2022
Law.com Radar has surfaced several consumer class actions in recent weeks targeting defendants, including LinkedIn and Gannett Media, over their allegedly unlawful automatic subscription renewals.
Avalon Zoppo | August 26, 2022
Because unpublished opinions aren’t precedential and don’t typically get reviewed by full courts, some court watchers worry that panels could use them to get their desired outcome in a particular case without making changes to the law.
Amanda Bronstad | August 25, 2022
Despite the prolonged COVID-19 pandemic, more tort lawsuits were filed over motor vehicle accidents and premises liability, according to the 2022 Torts Litigation Report, released Thursday by Lex Machina, a division of LexisNexis.
Brad Kutner Avalon Zoppo | August 25, 2022
This week we heard from an outgoing circuit judge on her thoughts on mandatory retirement ages for judges. Spoiler alert, she supports them.
Avalon Zoppo | August 18, 2022
Illinois Appellate Court Justice David Ellis, who has authored 18 crime fiction books, talks about how judges can use storytelling techniques to write more accessible judicial opinions.
Avalon Zoppo | August 17, 2022
Court watchers say clerkships are considered one indicator of the ideological leanings of a judge, and something Republican presidents have paid more attention to than Democrats.
Amanda Bronstad | August 17, 2022
I’m Amanda Bronstad. Feel free to reach out to me with your input. My email is [email protected], or follow me on Twitter: @abronstadlaw.
Ellen Bardash | August 10, 2022
Toxic tort attorneys across the country are getting ready for claims from veterans exposed to toxic water.
Avalon Zoppo Brad Kutner | July 28, 2022
This week, we're taking a look at the increasing diversity of the bench under President Biden, thanks to a new report from the American Bar Association.
Amanda Bronstad | July 18, 2022
At a July 15 hearing, U.S. District Judge William Orrick agreed with plaintiffs attorneys to replace the first bellwether trial against Juul after the FDA banned its electronic cigarettes last month.
Amanda Bronstad | July 15, 2022
A July 12 ruling by the U.S. Court of Appeals for the Eleventh Circuit was the final appeal Bayer had hoped would result in a favorable ruling to resolve Roundup litigation. Other options are changing the label, reformulating the pesticide or taking its chances on trials.
Avalon Zoppo Brad Kutner | July 14, 2022
We take a look at this week's rush of judicial nominations, as well as finding a middle ground on reforming the Supreme Court.
Colleen Murphy | July 13, 2022
The latest round of sweeping proposed changes to Title IX could put universities in the crosshairs of litigation by college and university students accused of sexual misconduct, observers said.
Allison Dunn | July 12, 2022
"In sum, in the face of clear and unambiguous policy language and an overwhelming body of unfavorable case law, including recent decisions from this circuit and Massachusetts' highest appellate court, CSI's attempts to create an ambiguity and advance a favorable interpretation of the business income provision necessarily fail," U.S. District Judge Allison Burroughs of the District of Massachusetts wrote July 8.
Marcia Coyle | July 06, 2022
If the justices were to strike down term limits as unconstitutional, a backup provision could automatically trigger to allow for expanding the number of seats.
Amanda Bronstad | June 30, 2022
Mikal Watts predicted hundreds of thousands of cases. “Indeed, counsel anticipate that this will be one of the largest multidistrict litigations in the history of the United States,” he wrote in a motion this month before the U.S. Judicial Panel on Multidistrict Litigation.
Zack Needles | June 30, 2022
In recent weeks, insurance companies have racked up even more wins in business interruption cases. But earlier this month, a state appellate court broke rank, providing a potential avenue to victory for some policyholders even as so many others have proven to be dead ends.
Avalon Zoppo | June 29, 2022
A flurry of filings landed in at least six appeals courts across the nation where pending abortion litigation was on hold.
ALM Staff | August 09, 2023
We've collected all of our coverage, analysis and expert commentary related to COVID-19 business interruption cases nationwide (and, in a few instances, worldwide) and will continue to update this page with new developments.
Rhys Dipshan | March 20, 2024
The new expansion focuses on the litigation track records of companies and adds data from over 1,200 courts in 25 new states and the District of Columbia.
Jimmy Hoover | March 04, 2024
"[T]he Constitution makes Congress, rather than the States, responsible for enforcing Section 3 [of the Fourteenth Amendment] against federal officeholders and candidates," the high court stated in its unsigned "per curiam" opinion.
Avalon Zoppo | January 04, 2024
“I've never understood why a requirement of admission to the bar of the state in which the federal district court sits makes a lot of sense,” said New York University School of Law Dean Troy A. McKenzie.
Cheryl Miller | October 16, 2023
While supporters said it's past time to raise the dollar limits on smaller-scale litigation, opponents argued a new law will make it more difficult for some consumers to find attorneys who will take their cases.
Amanda Bronstad | November 09, 2022
On Wednesday, a Missouri jury came out with the sixth defense verdict in a row for Monsanto in a trial over its Roundup pesticide.
Marcia Coyle | September 28, 2022
The U.S. Supreme Court will open oral arguments to the public in the new term and continue to provide a live audio feed of all scheduled arguments. The building, however, will remain closed to the public until further notice.
Jason Grant | August 30, 2022
The three-judge panel stated that "there is substantial evidence to support the district court’s conclusion that the [Arkansas] Act prohibits medical treatment that conforms with the recognized standard of care. Even international bodies that consider hormone treatment for adolescents to be 'experimental' have not banned the care covered by Act 626."
Amanda Bronstad | August 15, 2022
Monday's hearing before Chief Bankruptcy Judge Jeffrey Graham in Indianapolis focused on whether to grant a preliminary injunction halting combat earplug lawsuits against 3M, whose subsidiary, Aearo Technologies, filed for Chapter 11 on July 26. The hearing is expected to last through Tuesday.
Amanda Bronstad | July 06, 2022
The July 1 defense verdict, from a federal jury in Denver, follows two other pelvic mesh verdicts in March, in Arizona and West Virginia, for Johnson & Johnson's Ethicon.
Jimmy Hoover | April 08, 2024
"[A] bedrock principle of our constitutional order is that no person is above the law—including the President," Special Counsel Jack Smith wrote to the justices.
Amy Guthrie | April 09, 2024
Justice Alexandre de Moraes has opened an investigation into Musk's alleged obstruction, criminal organization and incitement to crime as the court targets so-called “digital militias” that spread misinformation online.
Jimmy Hoover | March 25, 2024
“Those theories will not bring about the advantages that their advocates hope to achieve. They will not bring certainty to the law,” the retired justice writes in his forthcoming book, "Reading the Constitution: Why I Chose Pragmatism, Not Textualism.”
Avalon Zoppo | March 22, 2024
“Manchin’s vow would mean that tight margins get even tighter as losing even a single other Democratic senator would sink the judicial nominations,” stated Michigan State University political science professor Ian Ostrander.
Alaina Lancaster | March 21, 2024
As generative AI funnels into court proceedings, more judges are confronting head-on the threats and opportunities the technology poses.
Avalon Zoppo | March 19, 2024
Nicole Berner will succeed Judge Diana Gribbon Motz, who took senior status in September.
Jimmy Hoover | March 12, 2024
The justices appeared at a Washington event together to stress the importance of civil disagreement and civic engagement.
Jimmy Hoover | March 05, 2024
“Today, the majority goes beyond the necessities of this case to limit how Section 3 can bar an oathbreaking insurrectionist from becoming President,” Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson wrote in a concurrence.
Avalon Zoppo | March 06, 2024
Two nominees for the U.S. District Court for South Dakota also receive a Senate Judiciary Committee hearing.
Cheryl Miller | March 06, 2024
Two Los Angeles judges and their former colleague did not fare so well, however, in attempts to unseat LA District Attorney George Gascón.
Avalon Zoppo | March 07, 2024
Judge James Wynn recalled asking a five-minute question at oral arguments to drive home a point about the justice system’s reluctance at times to look at new evidence.
Abigail Adcox | March 04, 2024
While the aviation giant retained Perkins Coie to handle a new suit related to a door plug blowout, Boeing is also working with several others, such as Kirkland & Ellis and McGuireWoods, for ongoing matters.
Colleen Murphy | January 05, 2024
"I felt a tingle up my spine and my first thought was the worst ... they are going to take hostages and they are going to occupy Congress to prevent the Electoral College from certifying the election and basically force the reinauguration of Trump," John Anthony Castro said. "It was basically a harebrained coup d'etat."
Amanda Bronstad | December 18, 2023
At a Monday hearing, U.S. District Judge William Orrick, in the Northern District of California, allowed up to $150 million in attorney fees to move forward but questioned the lack of diversity among the 62 plaintiffs firms in the Juul multidistrict litigation.
Jimmy Hoover | December 31, 2023
"As 2023 draws to a close with breathless predictions about the future of Artificial Intelligence, some may wonder whether judges are about to become obsolete," Roberts wrote in his annual year-end report. "I am sure we are not—but equally confident that technological changes will continue to transform our work."
Cheryl Miller | December 20, 2023
A former public defender, Kalra said he won't be "looking for some mysterious middle ground" as Judiciary Committee chair but will try to "find a landing spot " for issues "that really focuses on justice, as opposed to the politics of the day."
Jimmy Hoover | September 22, 2023
“It would help in our own compliance with the rules and ... go far in persuading other people that we were adhering to the highest standards of conduct,” Kagan said at a Notre Dame Law School talk.
Abigail Adcox | June 06, 2023
Several former SEC government officials are defense counsel for the crypto companies.
Jimmy Hoover | June 06, 2023
Steve Elster “never anticipated” his attempt to trademark "Trump Too Small" would end up as a First Amendment case before the justices.
Alaina Lancaster | May 15, 2023
Hanson Bridgett partner Maggie Ziemianek said anti-SLAPP motions provide a very important tool, especially in a crowded court docket, where the issue could've taken up to three years to get adjudicated.
Christine Schiffner | March 27, 2023
U.S. District Judge William Orrick III for the District of Northern California on his two-minute pitch to land a leadership role in an MDL and the importance of diversity in steering committees.
Christine Schiffner | March 27, 2023
Since the founding of the group with its mission to increase Black and Brown leadership in mass tort and multi-district litigation, the organization has seen several of its members gain key roles in MDL steering committees and growing support from judges.
Christine Schiffner | March 29, 2023
"If something hasn't been working before, come up with a new angle. That's, that's how we approach our cases. Thinking outside the box is critical if you want to do cases that change the status quo."
Charlotte Johnstone | March 23, 2023
Both firms have moved quickly this week to represent bondholders following the bank takeover, but the two groups may consist of different types of investors.
Mason Lawlor | March 08, 2023
Los Angeles-based personal injury law firm Wisner Baum has come out in opposition to proposed legislation in California that, if passed, would add HPV vaccine Gardasil to the list of 10 required vaccinations for students attending public or private school in the state.
Amanda Bronstad | March 08, 2023
U.S. District Judge Benita Pearson, who sits in Youngstown, Ohio, is now overseeing 18 lawsuits filed against Norfolk Southern over its Feb. 3 derailment.
Amanda Bronstad | March 03, 2023
“It’s one of the most racially diverse slates we’ve ever seen,” said Diandra “Fu” Debrosse Zimmermann, of DiCello Levitt, of the leadership team, which a federal judge approved on Thursday. She and Ben Crump of Ben Crump Law, who both founded Shades of Mass, are two of the co-lead counsel.
Avalon Zoppo | March 01, 2023
The National Law Journal lays out eight interesting tidbits from the part of the book focused on Judge Guido Calabresi’s judicial career.
Brad Kutner | February 15, 2023
“I was advocating for my client as I had a duty to do,” Michael Arthur Delaney, nominated to the appeals bench by Biden earlier this year, said.
Mason Lawlor | February 10, 2023
Fulton was also the first Black woman to serve as an assistant district attorney for Mecklenburg County before starting her career on the bench.
Avalon Zoppo | February 03, 2023
"We’re all human beings and so each person comes to their story as to why they left the bench with their own personal, emotional makeup," said former judge Katherine Forrest, who resigned in 2018.
Christine Schiffner | February 06, 2023
Plaintiffs firms are off to a dynamic start into 2023 with diverse partner classes and a strong commitment to antitrust, MDL and health care litigation.
Alaina Lancaster Zack Needles | February 03, 2023
In this week's episode, John Uustal of Kelley | Uustal wants litigators to look harder at cases that might not look like they have merit at first.
Brad Kutner Avalon Zoppo | January 20, 2023
“I suspect the justices decided that the risks to the separation of powers were greater than the risk of not finding the leaker,” said law professor Josh Blackman about the high court's choice to not use federal investigatory resources.
Sarah Tincher-Numbers | December 12, 2022
All seven come from the conservative side of the court and will join Jones Day as associates.
ALM Staff | December 12, 2022
Welcome to “Who Got the Work?℠,” a regular column that highlights the law firms and lawyers around the country who are being brought in to handle key cases and close major deals for their clients.
Avalon Zoppo | December 01, 2022
The committee advanced several other nominees, including Ninth Circuit nominee Anthony Devos Johnstone and Second Circuit pick Maria Araújo Kahn.
Avalon Zoppo | November 30, 2022
One student during a Q&A session questioned if the judges' boycott might actually harm open debate at Yale.
Amanda Bronstad | November 17, 2022
U.S. District Judge Denise Cote, on Wednesday, approved the plaintiffs' leadership team in lawsuits against Tylenol manufacturer Johnson & Johnson and more than a dozen retailers, including Walmart Inc. and CVS Pharmacy Inc.
Cassandre Coyer | November 04, 2022
Already experienced in creating virtual court processes, Louisiana Judge Scott U. Schlegel's latest program seeks to bring more civil cases online. But for that, he had to look beyond Zoom, and push lawyers to be more flexible.
Avalon Zoppo | October 31, 2022
Ninth Circuit Judge Johnnie Rawlinson questioned whether the LSAT makes law school less accessible to diverse applicants.
Christine Schiffner | November 01, 2022
"There is a mystique—to think that those of us in the mass tort and class action arena somehow have a magic wand. What they're not realizing is, there are a lot of nights a week where we're not sitting at a dinner table."
Avalon Zoppo | October 12, 2022
Sen. Dick Durbin was the only committee member present in the hearing room, while a handful of other senators appeared virtually to ask questions.
Andrew Goudsward | October 06, 2022
Morrison & Foerster partner Brandon Van Grack said the special master review is a substantial hindrance to the Justice Department’s investigation, even with classified documents excluded from the assessment.
Brad Kutner | October 07, 2022
“I spent a year working alongside three co-clerks and one judge who had fantastically different instincts than me on everything,” said former Scalia counter clerk Gil Seinfeld.
Christine Schiffner | September 19, 2022
Edelson, part of what he describes as the reform wing of the plaintiffs bar, says the old guard isn't always representing plaintiffs' interests.
Marcia Coyle | September 20, 2022
Centripetal Networks filed a Supreme Court petition challenging a ruling by the U.S. Court of Appeals for the Federal Circuit vacating a $2.7 billion patent damages award against Cisco Systems, because the trial judge did not disqualify himself after discovering his wife held Cisco stock.
Brad Kutner | September 20, 2022
U.S. District Senior Judge Raymond Dearie appeared eager to start the review of documents taken from Mar-a-Lago, according to reports from the courtroom.
Amanda Bronstad | September 09, 2022
Law firms Aylstock Witkin and Bradley Grombacher, both at the forefront of other consumer recalls, will take lead roles in the multidistrict litigation over allegedly contaminated infant formula at an Abbott Laboratories plant.
Marianna Wharry | September 08, 2022
Respondents to a recent survey by the state judiciary said some qualified attorneys would have to take pay cuts of up to 50% to join the bench.
Avalon Zoppo | September 06, 2022
Nearly 30 states are holding local Supreme Court elections this year. Several are in states where the partisan leaning of the court is on the line in the wake of the U.S. Supreme Court's recent abortion ruling.
Andrew Goudsward | August 31, 2022
A new DOJ filing said the discovery of additional documents at Mar-a-Largo casts doubt on the cooperation of Trump and his legal team.
Andrew Goudsward | August 31, 2022
M. Evan Corcoran, a partner at the Baltimore firm Silverman Thompson, is representing former President Donald Trump at a time when few respected lawyers will. The representation is fraught with reputational, and even legal, risks.
Andrew Goudsward | September 01, 2022
A new study finds that former SEC attorneys are at a distinct advantage in securing payouts for their clients through the agency's whistleblower program.
Avalon Zoppo | August 25, 2022
In his dissent, Judge James Graves Jr. recounted a cross being burned on the lawn of his grandmother’s home in Mississippi in 1963.
Christine Schiffner | August 29, 2022
Morgan & Morgan founder John Morgan opens up about his secrets of success, plaintiffs bar industry trends and offers personal insights on why he became a lawyer.
Amanda Bronstad | August 25, 2022
Settlements over the 2021 recalls of consumer products like aerosol sunscreen and deodorant are under attack from both from well-known class action objector Ted Frank and other plaintiffs lawyers, who claim they were shut out of the negotiations.
Allison Dunn | August 17, 2022
"Its eleventh-hour timing and surrounding circumstances strongly suggest that [defendant John H.] Strand seeks reassignment because he and [co-defendant Dr. Simone] Gold were unhappy with her sentence, and he would thus prefer another judge to conduct the remainder of his proceedings," U.S. District Judge Christopher R. Cooper of the District of Columbia said. "The court will not reward any such tactic."
Avalon Zoppo | August 09, 2022
Jabari Wamble was tapped to fill the seat left vacant after Judge Mary Beck Briscoe announced senior status last March.
Avalon Zoppo Brad Kutner | August 10, 2022
Lower court judges continue to face online threats and attacks after politicians use hyperbole and misinformation to denigrate the judicial system.
Brad Kutner Michael A. Mora | August 09, 2022
"He's a well-regarded government lawyer and doesn't have the slightest inclination to act out of politics," said one lawyer who worked with Reinhart.
Marcia Coyle | July 28, 2022
The government won 58% of cases where it was a party, but suffered key losses on abortion and gun control.
Christine Charnosky | July 28, 2022
The announcement comes a month after a student petition called on GW Law to ban Thomas, a request the school rejected. However, the petition, which had amassed nearly 11,500 signatures, was updated Thursday morning to read: “Guys. We did it. Clarence Thomas will no longer be teaching at George Washington University Law School.”
Avalon Zoppo | July 12, 2022
“One of the things about the federal system is that we have judges policing judges. Right off the bat, that doesn't look good to the media and the public," South Texas College of Law professor James Alfini said.
Avalon Zoppo | July 13, 2022
Seventh Circuit nominee Doris Pryor was asked about a speech she gave a few years ago.
Alaina Lancaster | July 13, 2022
A federal judge rebuked attorneys from Quinn Emanuel and Gibson Dunn for discovery-related disputes in the trade secret case between Wisk Aero and Archer Aviation.
Christine Schiffner | July 12, 2022
"I want my last trial to be the best case I ever try, where I got the most skill, the most ability, the most understanding of what I’m doing," explains Mark Lanier in his never-ending effort to learn.
Christine Schiffner | July 07, 2022
"What I tell young lawyers when they come to interview: I feel like we work on really complicated cases, antitrust and securities, like you do on the defense side — but we also have an opportunity to really help here."
Avalon Zoppo | July 08, 2022
One way to get nominees confirmed more quickly: the Senate Judiciary Committee could hear more judicial picks per hearing and schedule more hearings than is the current standard.
Avalon Zoppo | June 29, 2022
Tamika Renee Montgomery-Reeves is currently a justice on the Delaware Supreme Court.
Marcia Coyle | June 27, 2022
"The run-of-the-mill judge anywhere in the United States is not going to have the knowledge to say this [restriction or regulation] is wrong or right unless there's the odd judge who has read a lot of history," one scholar of American history said. "Their political views will undoubtedly tell them how to evaluate this, what to use. It's very cynical, but true."
Alex Anteau | April 05, 2024
“I think [Microsoft is] trying to avoid a trial and an adverse ruling on summary judgment," said Mark Walters of Lowe Graham Jones.
Adolfo Pesquera | April 08, 2024
Fifth Circuit says trial judge lacked jurisdiction to transfer case.
Avalon Zoppo | April 08, 2024
The litigation was brought by victims of a Fourth of July mass shooting in Highland Park, Illinois, that killed seven people and wounded 48 in 2022.
Avalon Zoppo | April 09, 2024
“Generally speaking, the practitioners will tell you that the rule needs to change. How the rule needs to change remains somewhat of a debate," said U.S. District Judge Cathy Bissoon of the Western District of Pennsylvania.
Mason Lawlor | April 08, 2024
The plaintiffs sued after the South Carolina Department of Employment and Workforce reportedly cut off their weekly benefits without notifying them of a new provision requiring them to conduct at least one job search per week using the SC Works Online System (SCWOS).
Alex D'Elia | April 09, 2024
For the first time, the European Court of Human Rights has ruled on the issue of state action on climate change.
Maria Dinzeo | March 22, 2024
The Kirkland team includes star litigators as well as a partner who spent 13 years at the Federal Trade Commission.
Amanda Bronstad | March 25, 2024
Chief U.S. District Judge Nancy Rosenstengel, in the Southern District of Illinois, has issued a series of discovery orders after finding many of the 5,200 lawsuits over paraquat are "implausible on their face."
Amanda Bronstad | March 21, 2024
Jeff Kray, of Marten Law in Seattle, accused of holding up DuPont’s $1.19 billion water contamination settlement, called class counsel's sanctions motion an "intimidation tactic" based on a "fantastical conspiracy theory."
Adolfo Pesquera | March 22, 2024
Inhance argues the EPA exceeded its authority because the company's 40-year-old fluorination process is not a "significant new use" under the Toxic Substances Control Act.
Mason Lawlor | March 22, 2024
This case was first surfaced by Law.com Radar.
Jessica Seah | March 21, 2024
Quinn Emanuel, Skadden, Wilson Sonsini, Sullivan & Cromwell, Gibson Dunn and O'Melveny are all representing parties in the lawsuit.
Justin Henry | March 20, 2024
A group of 185 Chinese limited partners who put money into a $2.5 billion redevelopment project in Century City, Los Angeles, say the firm's "failure to exercise a modicum of diligence" helped cost them their entire stake.
Riley Brennan | March 21, 2024
The court previously concluded that the state's wiretapping law, Section 165.540(1)(c) of the Oregon Revised Statutes, which bars secretly taping in-person conversations in public spaces, was unconstitutional, which effectively revived a lawsuit from Project Veritas.
Jimmy Hoover | March 18, 2024
“My biggest concern is that your view has the First Amendment hamstringing the government in significant ways in the most important time periods,” Justice Ketanji Brown Jackson said.
Michael A. Mora | March 20, 2024
“When the perpetrators are removed and a receiver is appointed in their place, the corporate structures are no longer the 'evil zombies' of the perpetrator; they are '[f]reed from his spell' and regain standing to sue for the return of money fraudulently transferred,” the appeals court held.
Avalon Zoppo | March 20, 2024
The appellate court is considering whether Maryland's prohibition is consistent with the United States' “history and tradition” of firearm regulation.
Christopher Niesche | March 20, 2024
The rideshare platform fought “tooth and nail” against the action, says plaintiff law firm Maurice Blackburn.
Amanda Bronstad | March 11, 2024
The disqualification motion comes as U.S. District Judge Dan Polster, who is overseeing the opioid multidistrict litigation, has lined up four bellwether trials against OptumRx and another pharmacy benefit manager, Express Scripts.
Emily Saul | March 11, 2024
To this day, Cooper is harassed due to the images, some of which remain online. She testified that she was most recently contacted at work by someone who saw the content on the internet a week before trial.
Jimmy Hoover | March 08, 2024
The justices heard the congressional-map challenge in October and have yet to issue their decision.
Gail J. Cohen | March 07, 2024
A Canadian grain farmer argued his casual response to a text meant he’d received the message, not agreed to a full contract with a grain buyer.
Maria Dinzeo | March 04, 2024
"Because Musk decided he didn’t want to pay plaintiffs’ severance benefits, he simply fired them without reason, then made up fake cause and appointed employees of his various companies to uphold his decision," says a complaint filed Monday by Twitter's former Chief Executive Officer Parag Agrawal, Chief Financial Officer Ned Segal, Chief Legal Officer Vijaya Gadde, and General Counsel Sean Edgett.
Allison Dunn | March 07, 2024
"This case is an outlier, one arising from the rare occurrence of a worldwide pandemic. It appears that the majority reached its conclusions on jurisdiction because this is one of those unicorns. Its holding should not be universally applied. Otherwise, egregious situations caused by the state would go unchecked, despite the existence of specific statutes by which the state waives sovereign immunity," Justice Jennifer Brunner wrote in a dissenting opinion.
Emily Saul | March 08, 2024
Trump lawyer Alina Habba posted the bond just a day after U.S. District Judge Lewis Kaplan denied the defense bid to stay execution of the judgment.
Avalon Zoppo | March 08, 2024
The 2015 assault on Rotem and Yoav Golan resulted in no deaths, so federal courts lack jurisdiction to hear the case, the D.C. Circuit held.
Riley Brennan | March 08, 2024
Judge Amy St. Eve authored the opinion, which certified two questions posed from the district court, and added a third, after concluding there is no controlling precedent in the Illinois Supreme Court as to questions revolving around the Workers' Occupational Diseases Act.
Jimmy Hoover | March 07, 2024
Both cases involve the plaintiffs' heightened pleading requirements that resulted from the 1995 Private Securities Litigation Reform Act.
Avalon Zoppo | March 04, 2024
Appeals court considers whether investors have a reasonable expectation of privacy in information they provide to a cryptocurrency exchange platform.
Avalon Zoppo | March 04, 2024
“This petition presents a high-stakes issue for our Nation’s system of higher education," wrote Clarence Thomas, joined by Samuel Alito Jr. "Until we resolve it, there will be a patchwork of First Amendment rights on college campuses."
Isha Marathe | March 01, 2024
OpenAI hit back at the New York Times, seeking to dismiss four of its seven copyright infringement claims. Not all are convinced its arguments will carry weight.
Jimmy Hoover | March 01, 2024
The companies are asking the justices to review a Hawaii Supreme Court decision clearing the way for a state court to hear Honolulu's lawsuit over the damage and remedial costs associated with climate change.
ALM Staff | March 04, 2024
Keep up with Law.com's coverage of the cases here.
Allison Dunn | January 08, 2024
"First, defendant Google LLC has access to a vast quantity of its users’ personal data. It is almost certain that many, if not all, members of the venire are current users of Google's products and services. Although Google's counsel has stated unequivocally that it will not use its users' data for litigation advantage, nonetheless the potential for unwarranted (and asymmetrical) invasion of jurors' privacy is sufficiently substantial that an order prohibiting such conduct is warranted," Saylor wrote.
Maria Dinzeo | December 29, 2023
“While the reporting requirement does appear to place a substantial compliance burden on social media companies, it does not appear that the requirement is unjustified or unduly burdensome within the context of First Amendment law,” U.S. District Judge William Shubb wrote in his eight-page order.
Amanda Bronstad | December 29, 2023
Genetic testing firm 23andMe Inc. has moved to transfer lawsuits over this year’s data breach to Northern California, near its South San Francisco headquarters, citing an increase in the number of cases.
Marianna Wharry | October 18, 2023
The move to the federal appeals court comes after U.S. District Chief Judge David C. Nye of the District of Idaho denied the plaintiffs' motion for a preliminary injunction last week because they did not demonstrate having a protectable liberty interest in the nondisclosure of their gender identity.
Michael A. Mora | October 18, 2023
“Our intent is to go full steam ahead with the enforcement of millions of dollars against Mr. Horn and hundreds of thousands of dollars against Mr. Galle under the New York Convention.” said Edward K. Lenci, a partner at Hinshaw & Culbertson
Marianna Wharry | October 18, 2023
The U.S. Court of Appeals for the Ninth Circuit agreed to reconsider an appeals case for Idaho's abortion ban with an en banc hearing, Chief Justice Mary…
Allison Dunn | September 22, 2023
"Counsel, are you asserting that somehow this private information that was disclosed at a public trial regains its confidentiality after the trial is over?" Illinois Supreme Court Justice Lisa Holder White asked the plaintiff's attorney at one point.
Riley Brennan | September 12, 2023
This complaint was first surfaced by Law.com Radar.
Jimmy Hoover | September 12, 2023
The federal government and dozens of states accuse Google of illegally monopolizing the internet search market.
Avalon Zoppo | September 11, 2023
University of Rhode Island cites the impossibility doctrine, saying the pandemic-compelled closures made it impossible to carry out its contract with students.
Allison Dunn | August 16, 2023
"We decline to extend a duty to mandate the reporting of elder abuse or to mandate an action by a financial institution when elder abuse is suspected where the plain language of a statute clearly says otherwise," the appeals court said.
Colleen Murphy | August 23, 2023
This complaint was first surfaced by Law.com Radar.
Mason Lawlor | August 24, 2023
This complaint was first surfaced on Law.com Radar.
Jimmy Hoover | August 24, 2023
After wading into explosive social issues in recent years, the Supreme Court’s conservative majority will turn its attention to an old familiar foe: the administrative state.
Riley Brennan | August 04, 2023
"I feel that the opinion was legally sound and based on a great deal of common sense. I always believed that these cases that have popped up around the country, including this one, had no merit and was not surprised when the district court disposed of the case on summary judgement and then later when the Eleventh Circuit affirmed," said the university's attorney, Eric David Isicoff of Isicoff Ragatz, in Miami.
Riley Brennan | August 04, 2023
The panel determined that the requirement in Guam's Women's Reproductive Health Information Act, enacted in 2012, "which requires that women seeking abortions have an in-person meeting with a physician, or a qualified agent of the physician, who must disclose certain medical as well as other information," furthers the legitimate governmental interests of Guam, including the preservation of potential life, protection of maternal health and promotion of the integrity of the medical profession.
Emily Cousins | July 05, 2023
Mark D. Sherman, an experienced Title IX defense attorney, said this opinion allows for more transparency and due process, and offers guidelines for universities.
Allison Dunn | June 07, 2023
"The role for this court today in these limited, narrow certified question proceedings is to clarify and confirm what the Maryland General Assembly decided. In so doing, the court will uphold the deliberate balance that the Maryland General Assembly struck for better or for worse, whatever the court may think of that balance between two very important policy goals: one being the protection of LGBTQ rights, the other being the protection of religious exercise in Maryland," the counsel for Catholic Relief Services, Joseph C. Dugan, an associate at Gallagher Evelius & Jones, argued before the justices June 2.
Jimmy Hoover | June 05, 2023
Federal government says registering trademark would actually chill political speech.
Amanda Bronstad | May 16, 2023
A Johnson & Johnson subsidiary filed its Chapter 11 reorganization plan on Monday, but lawyers for talc claimants already raised concerns about it at a Tuesday hearing.
Amanda Bronstad | April 19, 2023
A hearing set to last at least two days began Wednesday in Indianapolis to determine whether a bankruptcy judge should dismiss the Chapter 11 case of 3M subsidiary Aearo Technologies, designed to resolve 235,000 lawsuits over combat earplugs.
Mason Lawlor | April 19, 2023
This case, filed in the Santa Clara County Superior Court in California, was first surfaced by Law.com Radar.
Avalon Zoppo | March 21, 2023
Circuit courts are split on the issue. Six circuits have held that interlocutory appeals in this area trigger mandatory stays, while the Ninth, Second and Fifth have their own tests.
Allison Dunn | March 07, 2023
The full Massachusetts Supreme Judicial Court heard oral arguments Monday on whether a wrongful death claim is time-barred if the statute of limitations for personal injury claims had already expired at the time of death.
Colleen Murphy | March 07, 2023
"The intentional and egregious nature of plaintiff’s conduct, which demonstrates a disregard of the Federal Rules of Civil Procedure and a willingness to commit fraud on the court to prevail and receive an award of monetary damages, not to mention the resultant material injurious effect upon defendant, shocked the conscience of the court—so much so that the court questioned whether it could, in good conscience, submit any of plaintiff’s evidence or testimony to a jury," U.S. District Judge Julie R. Rubin wrote.
Brad Kutner | February 28, 2023
During the first hearing Chief Justice John Roberts questioned both the plan’s price tag and its political volatility as grounds for raising the Major Questions doctrine.
Amanda Bronstad | March 02, 2023
At Thursday's preliminary approval hearing in the Cambridge Analytica settlement with Facebook, U.S. District Judge Vince Chhabria repeatedly sparred with Corban Rhodes, an attorney for the New Mexico Attorney General's Office, who intervened this week to raise questions about the release.
Christine Schiffner | March 02, 2023
Sanford Heisler Sharp has sued 3 firms appointed to co-lead counsel in the Equifax MDL, which was settled in 2019, over attorney fees distribution.
Brad Kutner | February 22, 2023
“If this were a criminal case I think it's clear there wouldn’t be aiding and abetting liability. [It] requires the intention of causing a crime to be committed and that’s not alleged here,” said Justice Samuel Alito.
Riley Brennan | February 22, 2023
“The initial deal that plaintiffs’ counsel struck with Altria amounted to a façade, and the court will not credit plaintiffs’ counsel for their skill and experience where plaintiffs’ counsel failed to bring those qualities to bear in the negotiation process," said U.S. District Judge David Novak of the Eastern District of Virginia.
Amanda Bronstad | February 16, 2023
National law firms like Simmons Hanley Conroy and Motley Rice descended this week on East Palestine, Ohio, where a freight train derailed earlier this month, exposing residents to hazardous chemicals. Some have already filed class actions against train operator Norfolk Southern Corp.
Avalon Zoppo | February 10, 2023
The statutory question at the center of the appeals could create a circuit split that brings the issue to the U.S. Supreme Court, said one court watcher.
Amanda Bronstad | February 03, 2023
Lawyers suing 3M over its combat earplugs moved on Friday to dismiss the Chapter 11 case of its subsidiary, Aearo Technologies, citing the U.S. Court of Appeals for the Third Circuit's ruling on Monday dismissing Johnson & Johnson's talc bankruptcy.
Amanda Bronstad | February 01, 2023
Plaintiffs lawyers prepped for talc trials soon after Monday's decision by the Third Circuit dismissing the J&J bankruptcy, but they might have to wait a bit longer.
Colleen Murphy | February 01, 2023
"But we want to be very clear: We will continue to faithfully apply Gonzales v. Raich unless the Supreme Court instructs us otherwise," concluded Circuit Judge Bobby R. Baldock. "The taxpayers cannot show the IRS lacked a legitimate purpose based on Justice Thomas’s statement."
Allison Dunn | January 25, 2023
The insurance policy phrase "direct physical loss of or damage to" has been prominent in the news the past few years thanks to the spate of business interruption cases stemming from the pandemic, but one state high court recently had occasion to examine that policy language in a different context: cybersecurity.
Avalon Zoppo | January 23, 2023
The justices’ order lets stand a decision from the U.S. Court of Appeals for the Ninth Circuit adopting the so-called “primary purpose” test, which requires that the main purpose of a communication be legal advice for it to be considered privileged.
Allison Dunn | January 17, 2023
"It's a very novel case," said one of the plaintiff's attorneys, Anthony May, an associate with Brown Goldstein & Levy. "... [T]his is one of the first cases in the federal space to really determine these issues that intersect with civil rights and these arguments that there's some sort of religious freedom. "
Amanda Bronstad | January 17, 2023
Plaintiffs lawyers in the $350 million data breach settlement with T-Mobile filed motions this month to strike two "notorious serial objectors" who are challenging their request for $78.75 million in attorney fees.
Scott Graham | January 09, 2023
Kramer Levin partners Paul Andre and Lisa Kobialka won a $2.75 billion patent infringement judgment in 2020, only to lose it on appeal over a ticky-tack judicial conflict of interest. Now Andre has won a measure of payback at the Patent Trial and Appeal Board.
Avalon Zoppo | January 09, 2023
“I’m wondering if you would just comment on the ancient legal principle of ‘If it ain’t broke, don’t fix it,'” Justice Elena Kagan said.
Justin Henry | January 11, 2023
The firm's counsel at Gibson Dunn claims attorney client-privilege shields it from having to give the SEC details about close to 300 public company clients whose information has reportedly been compromised.
Amanda Bronstad | January 04, 2023
On Wednesday, the U.S. Court of Appeals for the First Circuit declined to rehear its Nov. 23 decision in which the judges reversed dismissal of a consolidated class action brought by consumers of Evenflo's "Big Kid" booster seats.
Colleen Murphy | January 05, 2023
"As an initial matter, whether COVID-19 causes direct physical loss or damage under a property insurance policy is an open question in Colorado," Judge Timothy M. Tymkovich said. "Relying on relevant precedent from Colorado and other jurisdictions, we answer that question in the negative and conclude Sagome was not covered."
Chris O'Malley | January 03, 2023
The airline's cancellation of more than 15,000 flights around Christmas is expected to trigger many more lawsuits from passengers and investors.
Marcia Coyle | December 12, 2022
The challenge was filed by two student loan borrowers who are represented by Consovoy McCarthy.
Brad Kutner | December 12, 2022
Judge Aileen Cannon's order ends a bid to keep documents taken from his Florida home out of the hands of federal investigators.
Colleen Murphy | December 12, 2022
Attorneys from Reed Smith, who filed an amicus brief on behalf of nonprofit United Policyholders, said the case "well demonstrates some of the inappropriate major hurdles that policyholders had to clear in litigating claims for loss from loss or damage from SARS-CoV-2 and COVID-19 and consequent orders of civil authorities."
Amanda Bronstad | December 08, 2022
U.S. District Judge Robin Rosenberg ruled that plaintiffs' experts in the Zantac multidistrict litigation had "unreliable methodologies" and "analytical leaps" from existing data.
Scott Graham | December 05, 2022
The pharmaceutical companies fired back hard at Moderna's suit Monday with the help of Williams & Connolly; Paul Hastings; McCarter & English and Saul Ewing. They argue that Moderna relinquished its rights by publicly pledging not to enforce its patents during the pandemic.
Marcia Coyle | December 01, 2022
The justices have ordered that arguments in Biden v. Nebraska will be held during the court's February argument session.
Avalon Zoppo Brad Kutner | December 01, 2022
“In most search warrants, the government seizes property that unambiguously belongs to the subject of a search. That cannot be enough to support equitable jurisdiction," the judges wrote.
Amanda Bronstad | December 02, 2022
Walgreens, Walmart and CVS appealed an Ohio opioid verdict, insisting that the $650 million award, extrapolated, would cost them $500 billion nationwide.
Allison Dunn | November 30, 2022
"You can read it as saying that a workers' comp injury has to be a physical harm related to an unexpected incident at work or the cause of which was unseen. If that's the case, this decision breaks the grand bargain that was struck in 1912 between Arizona workers and Arizona industry. The court doesn't seem to appreciate how destabilizing that could be," said attorney Laura Clyme.
Colleen Murphy | November 17, 2022
"While the court understands and is sympathetic to the financial strains placed on hospitals by the COVID-19 pandemic, that sympathy cannot extend so far as to distort the plain language of the policy," concluded U.S. District Judge Thomas T. Cullen.
Will Lavery | November 07, 2022
"Axon Enterprise v. FTC" presents a rare opportunity for the court to put a check on the FTC's yearslong abuse of due process and its practice of bringing dubious administrative lawsuits that would never pass muster in federal court.
Amanda Bronstad | November 01, 2022
Another trial over Monsanto's Roundup pesticide opened on Tuesday near its headquarters in St. Louis. Monsanto, now owned by Bayer, has won the past five Roundup trials.
Brad Kutner | October 12, 2022
“When there’s a national emergency, the secretary’s authority should grow, not contract,” said an attorney for the Department of Justice.
Brad Kutner | October 07, 2022
“If every federal taxpayer could sue to challenge any government expenditure, the federal courts would cease to function as courts of law and would be cast in the role of general complaint bureaus,” the judge wrote.
Amanda Bronstad | October 05, 2022
On Wednesday, the U.S. Judicial Panel on Multidistrict Litigation combined 65 lawsuits alleging the painkiller acetaminophen, when taken by pregnant women, increased the risk of children developing autism or ADHD.
Marcia Coyle | October 04, 2022
"In recent years, this statute has not fared well in this court," Justice Elena Kagan said.
Marcia Coyle | September 16, 2022
The justices this fall will revisit the role of race in cases involving redrawing congressional districts, and in college admissions.
Amanda Bronstad | September 19, 2022
Jeffrey Lamken, representing talcum powder claimants, argued before the U.S. Court of Appeals for the Third Circuit to reverse a bankruptcy ruling halting 38,000 talcum powder lawsuits against Johnson & Johnson. Hogan Lovells partner Neal Katyal represented Johnson & Johnson's bankrupt subsidiary LTL Management.
Amanda Bronstad | September 08, 2022
Facebook has raised an arsenal of legal defenses that could swiftly dismiss lawsuits alleging younger users have become addicted to social media, leading to mental health problems and, in some cases, suicides.
Colleen Murphy | September 07, 2022
The appeals court reversed a Pennsylvania district court's dismissal of claims brought by a former ExecuPharm employee seeking equitable and monetary relief over a data breach that resulted in the publication of her personal information on the Dark Web.
Adolfo Pesquera | September 02, 2022
"Judges in other cases here and in other jurisdictions previously held that a virus could not cause damage as a matter of law, a precondition in many business interruption policies, including Baylor's," attorney Murray Fogler said.
Avalon Zoppo | August 30, 2022
At the heart of the case was whether Honeywell can be held liable for damages that were already paid by other companies that were also part of the supply chain.
Marcia Coyle | August 26, 2022
The unlikely intersection of pork and various culture-war topics comes via the so-called dormant commerce clause.
Andrew Goudsward | August 17, 2022
Federal prosecutors are seeking to retry Philip Esformes, whose 20-year sentence following a fraud and money laundering conviction was commuted by former President Donald Trump, on six counts where there was initially a hung jury.
Marcia Coyle | August 17, 2022
Delaware is challenging the recommendations of a special master over what state gets to claim abandoned MoneyGram funds.
Colleen Murphy | August 15, 2022
"In essence, defendants argue that if the Lanham Act allows Applica to market the coffeemaker, the arrangement cannot constitute a violation of the UPA," a judge stated. "We disagree."
Marianna Wharry | August 11, 2022
The Montana Supreme Court denied a request by the state and the governor to file supplemental amicus briefing citing the U.S. Supreme Court’s decision in Dobbs v. Jackson Women’s Health Organization, which overturned Roe v. Wade in June.
Avalon Zoppo | August 09, 2022
Mitchell claims Roberts sexually assaulted her 35 years ago while he was prosecuting a 1981 murder trial in Salt Lake City when she was a teenager serving as a witness.
Nate Robson | August 09, 2022
"If they can do it to a former president, imagine what they can do to you," Republicans said, criticizing the raid.
Andrew Goudsward | August 09, 2022
Prosecutors urged the court to reject a "narrow interpretation" of the obstruction statute that a lower court judge used to dismiss charges against three men accused of taking part in the riot.
Amanda Bronstad | July 25, 2022
Plaintiff lawyers in the $350 million data breach agreement with T-Mobile, reached on Friday, have indicated they could ask for as much as 30% of the settlement fund, or $105 million.
Allison Dunn | July 18, 2022
"The First, Third, Fifth, Seventh, Ninth, and Eleventh Circuits have all concluded in published opinions that the First Amendment protects a right to film the police performing their duties in public," Judge Scott M. Matheson Jr. wrote on behalf of the Tenth Circuit panel.
Aleeza Furman | July 12, 2022
"Musk apparently believes that he—unlike every other party subject to Delaware contract law—is free to change his mind, trash the company, disrupt its operations, destroy stockholder value, and walk away," the complaint says.
Marianna Wharry | July 12, 2022
"While gender exploration would ideally involve caregivers in the process, not all youth are fortunate enough to have such parental or guardian support," said one the school district's attorneys, Adam Prinsen, of Quarles & Brandy in Madison. "Some may feel that school is their only safe haven. The district's guidance allows them to express themselves without fear of being outed against their will."
Brad Kutner | July 11, 2022
A coalition of law firms called the precedent on when lawyers can collect fees as the prevailing party “an outlier with which almost all other circuits disagree.”
Colleen Murphy | July 01, 2022
Once the Port Authority received its supply of masks, a new policy continued the restriction on "political or social protest" masks and added a section detailing which masks may be worn.
Allison Dunn | July 01, 2022
The Maryland Court of Appeals reinstated a man's murder conviction, finding a state's witness did not need to be qualified as an expert to testify that cellphone users can adjust a cellphone's ability to track and collect location data.
Amanda Bronstad | July 05, 2022
U.S. District Judge David Faber, in a bench trial that concluded last year in the Southern District of West Virginia, sided with distributors McKesson, Cardinal Health and AmerisourceBergen in a 184-page decision about the opioid crisis.
Brad Kutner | June 30, 2022
The complaint relies on the week-old SCOTUS decision in "Bruen," and colonial-era ordinances, as grounds to roll back D.C.’s ban on firearms in the city’s public transit system.
Marcia Coyle | June 27, 2022
"Here, a government entity sought to punish an individual for engaging in a brief, quiet, personal religious observance doubly protected by the Free Exercise and Free Speech Clauses of the First Amendment," Justice Neil Gorsuch wrote.
Robert Salcido and Emily I. Gerry | March 07, 2024
Through the qui tam provisions, which have transformed the FCA’s broad language and stimulated over-enforcement, Congress has dispersed power from the executive branch to private persons acting not in the public interest but rather in their own self-interest.
Brian E. Middlebrook, Tyrik Jiang, John T. Mills and Joseph Salvo | January 23, 2023
The most common questions and key elements of a negligence claim are whether the defendant breached a duty of care, whether there is any injury as a result of the defendant’s breach of any purported duty of care, and whether the defendant’s alleged breach caused the plaintiff any damages. While these essential questions and elements apply with equal force in data breach litigation, the difficult question to answer in these cases is “what is the value, if any, of your injury or damages?”
John M. Baker | July 18, 2022
If the Eighth Circuit was correct in observing that individual capacity liability to pay just compensation for a taking does not exist, perhaps every potential avenue to obtain just compensation in federal court arising from an alleged taking by a state official is barred, either for that reason, or because of the Eleventh Amendment.
Robert E. Browne, Jr. and Ryan C. Deck | July 11, 2022
The Patent and Trademark Office has indicated that guidance on discretionary denials at the PTAB will be released soon, clarifying how different factors are applied when patent judges use their discretion to turn away cases.
Riley Brennan | March 22, 2024
"The specific allegations of Dr. Joo's acts or omissions are not separate elements of the claim on which the jury must unanimously agree, provided they agree his failure to meet the standard of care caused Butts’s injuries," Justice Michael B. Hyman wrote on behalf of the panel in the March 8 opinion.
Alex Anteau | January 02, 2024
"It was essentially a no-offer case," plaintiff's attorney James Robson said.
Cedra Mayfield | October 18, 2023
"The foreperson and several other jurors told us that they had been 10 seconds away from submitting the verdict that they had already agreed upon," said Jeb Butler of Butler Khan. "The verdict was for the [plaintiff's] family in the amount of $23 million, with 75% of the fault placed on [the defendant] and 25% on [the plaintiff]."
Amanda Bronstad | May 18, 2023
Lawsuits were filed after viral videos on TikTok and YouTube demonstrated how to steal Kia and Hyundai vehicles with the use of a USB cord.
Aleeza Furman | May 15, 2023
The plaintiff is seeking $3.7 million in delay damages, but Temple University Health System contends that the verdict is part of trend of excessive jury awards against hospitals and doctors.
Aleeza Furman | April 26, 2023
The award is Pennsylvania's largest-ever medical-malpractice verdict, based on VerdictSearch data.
Riley Brennan | April 25, 2023
A federal jury in the Eastern District of Texas awarded a $303.15 million verdict to Netlist, a semiconductor manufacturing company, finding Samsung infringed several of its patents.
Colleen Murphy | January 26, 2023
A New Mexico jury hit Public Underwriters Liability Insurance Company with $52 million in punitive damages, finding the insurer violated the Unfair Practices Act in an insurance bad faith case after a decade of litigation.
Amanda Bronstad | November 15, 2022
Walmart Inc. agreed to pay $3.1 billion to resolve thousands of lawsuits by cities, counties, Native American tribes and states alleging its pharmacists failed to regulate opioid prescriptions, leading to a public health crisis in their communities.
Allison Dunn | November 11, 2022
"We are disappointed with the jury's verdict and we remain confident that Lilly will ultimately prevail in this case," Lilly spokeswoman Daphne Dorsey told Law.com. "Importantly, this decision has no effect on our ability to make Emgality available to patients."
Amanda Bronstad | November 02, 2022
The agreements in principle, announced on Wednesday, are dependent on the participation of cities, counties and states suing the pharmacies over the opioid crisis.
Ellen Bardash | September 12, 2022
Now a trust of more than $2.4 billion in settlement funds obtained to date can start to be distributed to the more than 82,000 abuse claimants, though there's no set timetable for when that process will be complete.
Amanda Bronstad | August 17, 2022
U.S. District Judge Dan Polster, on Wednesday, ordered the three pharmacies to provide abatement funds to two Ohio counties who won a Nov. 23 verdict over the opioid crisis.
Anne Bagamery | May 30, 2023
“I expect that a flurry of cases will be filed on Day One when the court opens,” said Antje Brambrink of Finnegan, Henderson, Farabow, Garrett & Dunner.
Linda A. Thompson | September 14, 2022
Europe’s second-highest court backed up Brussels officials on their claim that Google has abused its dominant position in the mobile internet space. Google was advised by a quartet of elite law firms.
Linda A. Thompson | July 25, 2022
Fossil Fuel companies are using a 1990s investment agreement treaty to recoup investment losses suffered as a result of governments’ plans to curb greenhouse gas emissions. NGOs have called the treaty a "climate action killer" and lawyers say it has created a regulatory chill.
Riley Brennan | August 04, 2023
This complaint was first surfaced by Law.com Radar.
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