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The Litigation Daily
Updated: 1 hour 28 min ago

As Coronavirus Spreads, Some Courts Close, Others Carry On

Tue, 03/10/2020 - 10:36

Judicial systems across the nation have implemented a patchwork of policies to deal with the virus, including canceling in-person hearings or requiring litigants to alert the court if they feel ill.


Daily Dicta: Arbitrating a Merger Challenge Seemed Like a Terrible Idea. Until It Wasn't.

Tue, 03/10/2020 - 01:52

It's too soon to say if binding arbitration will be a viable new path for merger challenges, but the historic case gave Trump antitrust enforcers a way to come across as both pro-enforcement and pro-business—not an easy needle to thread.


Attorneys Suing Over DePuy's Pinnacle Hip Implant Set to Receive $245M

Mon, 03/09/2020 - 19:37

In a March 5 order, a federal judge approved a special master's report allocating fees and costs to more than 40 law firms. More than 75% of the amount will go to the five firms on the fee committee. Mark Lanier, whose firm is one of them, said "many firms abandoned the litigation."


U Michigan Drops Steptoe in Misconduct Probe

Mon, 03/09/2020 - 19:00

The university said it feared that Steptoe & Johnson's past representation of certain defense clients, which include Jeffery Epstein and Roman Polanski, would discourage alleged victims of Dr. Robert Anderson from coming forward.


Led Zeppelin Ruling Topples Kozinski Precedent, and Maybe His Copyright Case, Too

Mon, 03/09/2020 - 18:52

The court ruled en banc that the inverse-ratio rule, in particular, a formulation from former Ninth Circuit Judge Alex Kozinski that made substantial similarity very easy to prove, should be discarded.


NY Prosecutors Unseal Charges Against 27 Defendants in Racehorse Doping Scheme

Mon, 03/09/2020 - 18:49

"Today's unsealing of four indictments for widespread doping of racehorses is the largest ever of its kind from the Department of Justice," U.S. Attorney Geoffrey Berman said.


Stuck on a Ship, These Florida Residents Are Suing Over Coronavirus Quarantine

Mon, 03/09/2020 - 15:38

Two Florida passengers are stuck on a cruise ship. But their lawyer has filed suit on land.


In Responses to Coronavirus, SDNY Courthouse Restricts Visitors, 2 Manhattan Family Courtrooms Close

Mon, 03/09/2020 - 14:49

District Executive Edward Friedland said the measures had not significantly impacted the number of people reporting for jury duty. However, if the threat continued to rise, officials could be forced to delay upcoming trials.


Daily Dicta: Judge Fletcher Expects Better from You, Counselor

Sun, 03/08/2020 - 22:44

Think of this as a public service notice to all lawyers litigating in the Ninth Circuit: Judge Fletcher WILL go back and check the record. And you will be very sorry.


Quinn Emanuel Partner in New York Tests Positive for Coronavirus; Firm To Keep Workers Home

Sun, 03/08/2020 - 18:06

The firm did not identify the partner but said he was resting at home with mild symptoms. New York's governor on Saturday declared a state of emergency as cases spread.


Prior to $50M Verdict, DuPont Says Holdout Juror Was 'Visibly in Tears'

Fri, 03/06/2020 - 18:24

DuPont's lawyers have moved for a mistrial, insisting that a holdout juror questioned by the judge had "tears in her eyes" prior to the verdict for an Ohio couple suing over chemical C8 dumped in the Ohio River. A lawyer for the plaintiffs, and the judge, have disagreed.


Apple and Cisco Take Different Tacks to Tackle Judge Alsup's Fee-Shifting Test

Fri, 03/06/2020 - 16:39

A special master says Cisco refused to follow U.S. District Judge William Alsup's specific instructions for documenting its flat-fee arrangement with two law firms.


Practical Tips To 'Bury' an Expert Witness on Cross-Examination

Fri, 03/06/2020 - 14:30

This list will serve as a practical starting point to begin developing creative points for an effective cross-examination of the other side's expert.


'Culture of Silence': Lawmakers Challenge Judiciary's Misconduct Reforms

Fri, 03/06/2020 - 13:39

The House Judiciary Committee is raising concerns over new details about the investigation into Judge Carlos Murguia over sexual harassment allegations.


DOJ Defends Broad Power to Toss Whistleblowers' Fraud Claims

Fri, 03/06/2020 - 13:21

"The decision whether to bring an action on behalf of the United States is committed to the executive branch's 'absolute discretion,'" U.S. Justice Department lawyers told the Supreme Court this week.


And the LOTW Runners Up...

Fri, 03/06/2020 - 00:38

Honorable mention goes to lawyers from Jenner & Block; Sidley Austin and Proskauer.


Litigators of the Week: Morgan Lewis Duo Win the Moral High Ground for PBS

Fri, 03/06/2020 - 00:21

"With this jury verdict for PBS, companies now have another tool in their arsenal to ensure a safe and respectful workplace culture," said Morgan Lewis partner Grace Speights.


Federal Judge Questions AG Barr's 'Credibility' in Rollout of Mueller Report

Thu, 03/05/2020 - 17:32

"The actions of Attorney General Barr and his representations about the Mueller Report preclude the court's acceptance of the validity of the Department's redactions without its independent verification," U.S. District Judge Reggie Walton said Thursday in a public-records lawsuit.


Juul-Led Campaign Against San Francisco Vaping Ban Sparks Worker Misclassification Suit

Thu, 03/05/2020 - 16:52

As the issue of employee misclassification gets a shakeout in various courts, one such suit was filed by workers participating in a Juul-led campaign to overturn San Francisco's ordinance banning the use of electronic cigarettes.


Mandatory Coronavirus Quarantines? Texas Appoints Judges for Emergency Hearings

Thu, 03/05/2020 - 15:12

If infected patients refuse to self-quarantine, there's a legal process to force them into isolation, but it involves courts, judges and hearings.