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The Litigation Daily
Updated: 1 hour 53 min ago

Where Women See Progress at the Top Echelons of the Plaintiffs Bar, Attorneys of Color See Little

Tue, 07/07/2020 - 21:29

At the top ranks of the MDL plaintiffs bar at least, women lawyers have made great strides in the past few years according to a new report from law.com. But attorneys of color have not broken into the upper echelon of repeat players in MDL leadership appointments in the same way.

        

With New Jersey Judiciary Grappling With Resuming Jury Trials, State Bar Raises Constitutional Questions

Tue, 07/07/2020 - 18:26

A report released Monday by the New Jeresey state bar expressed skepticism toward expanded use of technology in jury trials, and expressed concerns that unequal access to technology in society could lead to less representative jury pools.

        

Coronavirus and Data Privacy Laws Drive Legal Departments to Spend More on Class Action Defense

Tue, 07/07/2020 - 17:57

A new survey from the law firm Carlton Fields found that in-house legal spending on class action lawsuits increased for the fifth year in a row.

        

DC Circuit Orders the Release of Secret Electronic Surveillance Records

Tue, 07/07/2020 - 15:32

"Precluding public access because of the personnel-hours required to produce those records is no more warranted than precluding public access to high-profile trials because of the costs of crowd control," wrote Chief Judge Merrick Garland.

        

12 Masked Strangers Brought Together To Do Justice. A Summer Superhero Flick? Nope, Just a Jury Trial

Tue, 07/07/2020 - 00:18

On Monday, after COVID-19 forced a three-and-a-half-month break in a federal criminal jury pending before U.S. District Judge William Alsup in San Francisco, 15 of the 16 original jurors and alternates showed up to resume proceedings.

        

There Are New Faces Leading MDLs. And They Aren't All Men.

Mon, 07/06/2020 - 23:53

According to Law.com research, women made up 40% of lawyers leading four or more MDLs created from 2016 to 2019. Although most of the top firms remain the same, some have spread out appointments to several lawyers, including women. "These are badass attorneys who are also women," said Mike Morgan,...

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Judge Overseeing Roundup MDL Hints At Rejecting Bayer's $1.1B Class Settlement

Mon, 07/06/2020 - 22:38

U.S. District Judge Vince Chhabria said in a Monday order that he was "skeptical of the propriety and fairness of the proposed settlement, and is tentatively inclined to deny" it.

        

Georgia Chief Justice Threatens Discipline for Judges Violating COVID-19 Orders

Mon, 07/06/2020 - 19:50

Chief Justice Harold Melton said that, while judges across the state are largely managing courthouse functions in line with state public health and CDC guidelines, he has been made aware of multiple incidents where practices "have been less than what is necessary to protect the safety of all."

        

6th Circuit Scraps Order Forcing GM and Fiat Chrysler CEOs to Meet to Talk Settlement

Mon, 07/06/2020 - 19:21

Kirkland & Ellis partner Paul Clement led the challenge for GM at the appeal. Counsel for Sullivan & Cromwell and Miller, Canfield, Paddock and Stone represented Fiat Chrysler.

        

In Anticipation of Australian Class Action Surge, DLA Picks Up Lawyer from King & Wood Mallesons

Mon, 07/06/2020 - 16:48

Matthew Spain joined the DLA's Melbourne office as a partner. At King & Wood, he was a senior associate.

        

Trump Appointee Calls Lack of Consideration of Dangers to Asylum Seekers 'Particularly Troubling'

Mon, 07/06/2020 - 16:22

Judge Eric Miller, confirmed to the Ninth Circuit last year, wrote separately in an opinion upholding an injunction against a Trump administration rule restricting asylum for certain migrants to say the reasons for its adoption was "contradicted by the agencies' own record."

        

How the Justices' Newly Expressed Views on 'Severability' Could Be a Boon to Obamacare Defenders

Mon, 07/06/2020 - 16:13

Justice Brett Kavanaugh wrote in a Monday ruling that when a federal law has no severability clause there is a "strong" presumption that the unlawful part can be removed without disturbing the entirety of the law. The court next term will address the severability of the ACA's individual mandate.

        

South Florida Lawyer Turns Heads by Wearing Full Hazmat Suit to Federal Court

Mon, 07/06/2020 - 15:13

When Miami criminal defense attorney Samuel J. Rabin Jr. got out of his car and began walking down the street in a full hazmat suit, gloves, respirator mask and face shield, two police officers pulled up, rolled down their car window and said, "Is there something we should be worrying about?"

        

Picking a Jury During a Pandemic

Mon, 07/06/2020 - 08:30

Tara Trask's Trask Consulting recently surveyed 346 potential jurors in 44 states. Among the statistically significant findings: Men are more likely to report for jury duty during the current pandemic than women. Republicans are more likely to show than Democrats. And virtually everyone is willing...

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Staffing Problems and Natural Disasters Drive Federal Case Backlogs

Mon, 07/06/2020 - 01:17

While Judge Michael Brown in Atlanta who had led the federal courts in the number of motions pending for longer than six months has cut his backlog to zero, other judges are still wrestling with long-pending motions.

        

Shareholder Derivative Suit Calls Oracle the Most Egregious 'Old Boy's Club' in Silicon Valley

Fri, 07/03/2020 - 01:08

The suit filed in the Northern District of California seeks the resignation of three current board members to be replaced by non-white members, specifically two Black members and one other minority

        

Korein Tillery and Boies Schiller Flexner Hit YouTube With Class Action Suit Over Copyright Enforcement

Thu, 07/02/2020 - 19:09

The class action complaint, filed in the Northern District of California, seeks to require YouTube to open up its Content ID copyright identification tool to everyone.

        

'Keep Up the Momentum and Keep the Strength:' 2 D.C. Black Women Law Firm Leaders, Litigators Speak

Thu, 07/02/2020 - 18:31

Grace Speights, who leads the labor and employment practice at Morgan Lewis & Bockius, and Tara Elliott, an intellectual property litigator at Latham & Watkins. discuss the current landscape and the conversations they're having about race.

        

Ahdoot & Wolfson, Cotchett, Pitre & McCarthy Tapped to Lead Privacy Class Action Against Zoom

Wed, 07/01/2020 - 17:34

U.S. District Judge Lucy Koh of the Northern District of California issued specific guidelines on adding new law plaintiffs firms to the litigation after pushing back on attorney billing in recent major class action cases.

        

Immigration Judges Sue Justice Department, Claiming Gag on Speech Violates First Amendment

Wed, 07/01/2020 - 10:47

The lawsuit, filed on behalf of the National Association of Immigration Judges by attorneys with the Knight First Amendment Institute and Virginia attorney Victor Glasberg, says DOJ's Executive Office for Immigration Review in 2017 began requiring the judges to seek preapproval to speak in their...

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