President Joe Biden unveiled his fourth slate of judicial nominations Tuesday, tapping a voting rights attorney for the Second Circuit along with four district court picks for Connecticut and Washington, D.C., including three former public defenders and one BigLaw alum from Munger Tolles & Olson.
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Wednesday, June 16, 2021 Follow Appellate Law360

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Biden Names 2nd Circ. Nominee In Latest Judicial Picks

President Joe Biden unveiled his fourth slate of judicial nominations Tuesday, tapping a voting rights attorney for the Second Circuit along with four district court picks for Connecticut and Washington, D.C., including three former public defenders and one BigLaw alum from Munger Tolles & Olson.

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5th Circ. Finds Lawyer's Error Doesn't Excuse Late Filing

A Fifth Circuit panel has tossed a take-nothing judgment in a Texas dispute between a public insurance adjuster and his former employer, finding the employer was wrongly allowed to file an answer to counterclaims almost two years too late after arguing it had been misled by former attorneys.

Opinion attached | Read full article »

4th Circ. Revives Free Speech Claim In Court Recordings Suit

The Fourth Circuit on Tuesday revived journalists' First Amendment challenge to a Maryland law that prohibits the broadcast of official court recordings of criminal trial hearings, ruling that the lower court was wrong not to hold the law up to strict scrutiny before dismissing the claim.

Opinion attached | Read full article »

11th Circ. Closes Ex-Doc's Conspiracy Claims Against Attys

A Georgia judge properly found that two Georgia attorneys are entitled to immunity from allegations they conspired to frame a former doctor for murder and drain his assets while he was in prison, the Eleventh Circuit said Tuesday.

Opinion attached | Read full article »

DC Circ. Nixes Challenge To SEC's Data Plan Overhaul Order

The D.C. Circuit told a group of stock exchanges Tuesday that it could not review a U.S. Securities and Exchange Commission order seeking a proposal for a new plan for disseminating equity market data, since the order cannot be considered "final."

Opinion attached | Read full article »

10th Circ. Says Samoan Citizenship Question Not For Courts

A split Tenth Circuit panel on Tuesday reversed a Utah federal judge's order finding that American Samoans are birthright U.S. citizens, holding that the issue belongs in the hands of Congress, not the courts.

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NJ Court Wrong To Ax Nursing Home Suit, 3rd Circ. Says

A New Jersey federal court was too hasty to throw out a nursing home negligence case over a plaintiff's lack of cooperation with discovery when he'd told the court he had psychological issues hindering his ability to help, the Third Circuit ruled Tuesday.

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SUPREME COURT

Justices Asked To Fix 'Hopeless Muddle' On CFPB Ratification

A litigation finance business battling a long-running Consumer Financial Protection Bureau enforcement action is urging the U.S. Supreme Court to cut through a "hopeless muddle" over whether the agency can salvage its older cases from dismissal after it was ruled unconstitutionally structured last year.

Petition attached | Read full article »

'Pure Insanity': DOJ Pressured To Back Trump Election Claims

A cache of emails released Tuesday shows how former President Donald Trump directed his aides to persuade the U.S. Department of Justice to file a lawsuit challenging the results of the 2020 presidential election in the U.S. Supreme Court, an unsuccessful pressure campaign that featured top White House officials and outside lawyers.

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DC CIRCUIT

Grid Operator Backs FERC Energy Storage Order At DC Circ.

The Midwest's grid operator and transmission owners in the region have defended a Federal Energy Regulatory Commission order allowing the operator to treat certain energy storage facilities as transmission assets, telling the D.C. Circuit that the decision was reasonable and not discriminatory.

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SpaceX's Starlink Won't Harm Environment, DC Circ. Told

SpaceX told the D.C. Circuit on Monday that a bid to halt changes to its Starlink satellite broadband constellation is both flimsy and too late, asserting that competitor Viasat is trying to weaponize an environmental review requirement simply to gum up the project.

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Nigeria Says It Never Waived Immunity In $10B Award Fight

Nigeria is urging the D.C. Circuit to find it has sovereign immunity in litigation to enforce a $10 billion arbitral award over a nixed natural gas refinery and electricity generating project, saying there's no clear evidence that it ever agreed to submit to such a suit.

Brief attached | Read full article »

FEDERAL CIRCUIT

Patent Case Against Dish Belongs In Texas, Fed. Circ. Told

The Federal Circuit should reject Dish's appeal of U.S. District Judge Alan Albright's decision to keep an infringement case against it in the Western District of Texas, a patent-holding company has argued, pointing out that the cable giant operates one of its main broadcasting centers and employs more than 1,000 people there.

Response attached | Read full article »

SECOND CIRCUIT

OCC Backs BofA In 2nd Circ. Escrow Interest Preemption Row

The Office of the Comptroller of the Currency is going to bat for Bank of America NA in a pair of Second Circuit appeals challenging the applicability of a New York state law requiring the payment of interest on mortgage escrow accounts, arguing that this law should be ruled federally preempted for the national bank.

Brief attached | Read full article »

Delta Urges 2nd Circ. To Revive Bombardier Contract Fight

Delta Air Lines asked the Second Circuit on Tuesday to revive its suit accusing Canadian jet maker Bombardier Inc. of refusing to honor the terms of a 2016 purchase agreement related to C-Series aircraft, insisting that credits in the deal also cover other Bombardier jets.

Brief attached | Read full article »

NINTH CIRCUIT

Feds Urge 9th Circ. To Scrap $10M Failed Birth Control Award

The federal government has asked the Ninth Circuit to vacate a $10.4 million judgment awarded to a couple who claim that a federally funded health clinic botched a contraceptive injection that resulted in an unwanted pregnancy and the birth of a child with permanent brain damage.

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Calif. Can't Ban Assault Weapons, Gun Groups Tell 9th Circ.

Gun rights groups on Tuesday urged the Ninth Circuit to preserve a district court's injunction blocking California's decades-old assault weapons ban, slamming the Golden State's appeal as "a crass effort to frighten the public."

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TENTH CIRCUIT

Ex-Pot Industry Atty Can't Escape Securities Fraud Conviction

The Tenth Circuit upheld Tuesday the securities fraud convictions of the former in-house counsel to a hydroponic cannabis company, saying the errors he claims the court made during his trial shouldn't change the outcome.

Opinion attached | Read full article »

ELEVENTH CIRCUIT

Fla. Asks 11th Circ. To Bar Biden Immigration Policies

Florida on Monday urged the Eleventh Circuit to bar two Biden administration policies temporarily narrowing the migrants prioritized for removal, saying the policies carried the force of law and could be reviewed by the courts.

Brief attached | Read full article »

NEW YORK

NY Court Scraps $2.5M Award In Nursing Home Death Suit

A New York appellate panel on Tuesday vacated a $2.5 million pain-and-suffering award in a suit accusing a nursing home of causing a resident's death, saying the trial court failed to have the jury determine whether the patient had a certain level of "cognitive awareness" to justify the award.

Opinion attached | Read full article »

CALIFORNIA

Calif. Court Affirms HP's Win In $3B Oracle Software Row

A California appellate court on Monday affirmed Hewlett Packard Enterprise Co.'s $3 billion win in a two-phase trial over Oracle Corp.'s alleged contract violation, holding that a previous settlement agreement created a legal obligation for Oracle to support software on HP's Itanium server.

Opinion attached | Read full article »

TEXAS

Texas Appeals Court Pauses Reassignment Of Paxton Case

A Texas appellate court on Tuesday granted a request from the special prosecutors bringing felony securities fraud charges against Texas Attorney General Ken Paxton to stay the case while it considers whether to rehear en banc a panel's decision sending the suit back to Paxton's home county.

2 documents attached | Read full article »

Texas Justices Urged To Revise Responsible Third Party Rule

The family of an electrician who died on the job has asked the Texas Supreme Court to eliminate a $1.1 million jury award and order a new trial after a trial judge allowed the man's immune employer to be named a responsible third party in the suit.

Petition attached | Read full article »

PENNSYLVANIA

Federal Law Doesn't Preempt Pa. Gas Facility Permit Review

A Pennsylvania appeals court ruled on Tuesday that the Natural Gas Act doesn't preempt state administrative reviews of permitting decisions and that state regulators can decide on challenges to approvals for a Bucks County natural gas compressor station.

2 documents attached | Read full article »

NEW JERSEY

NJ Panel Won't Revive IBEW's Suit Over Navy Solar Farm Job

The New Jersey state appeals court on Tuesday ruled in a published decision that state and local laws can't be forced in a federal enclave, shutting down the International Brotherhood of Electrical Workers' bid to revive its suit over working conditions on a U.S. Navy-owned parcel.

Decision attached | Read full article »

Assisted Living 'Bill Of Rights' Claims Not On Table In NJ

Residents of assisted living facilities cannot go after the businesses for alleged violations of their state's "bill of rights" since New Jersey lawmakers did not sign off on such claims, according to a published appellate opinion Tuesday in a wrongful death action from a man's estate.

Decision attached | Read full article »

GEORGIA

Split Ga. Appeals Court Affirms FedEx Not Liable For Shooting

A split Court of Appeals of Georgia affirmed a lower court's summary judgment win Tuesday for FedEx Corp. in a case brought by a former employee shot alongside others at one of its packaging facilities, saying the mass shooting was not foreseeable and a trial court was right to find in favor of the company.

Opinion attached | Read full article »

PEOPLE

Clement Joins Fray Over Docs In NFL Sex Harassment Case

Renowned appellate attorney Paul Clement is joining the defense team in a court battle stemming from a sexual harassment probe into the Washington Football Team, according to a Tuesday court filing.

Motion attached | Read full article »

LEGAL INDUSTRY

4 More Law Firms To Usher In Associate Raises

Four more law firms have announced they are implementing associate pay raises, with three matching the new Davis Polk & Wardwell LLP scale for compensation that ranges from $202,500 to $365,000 based on seniority, Law360 Pulse learned Tuesday.

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Former EDNY Judge Jack Weinstein Dies At 99

Former U.S. District Judge Jack B. Weinstein, who worked on the landmark Brown v. Board of Education case and sat on the Eastern District of New York bench from 1967 to 2020, died at 99 on Tuesday, his wife confirmed to Law360. 

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Retired NY Bankruptcy Judge Cornelius Blackshear Dies At 81

Retired Bankruptcy Judge Cornelius Blackshear, who served 20 years in the Southern District of New York, has died, leaving a long legacy of serving Manhattan as a jurist and a police officer. He was 81.

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Reed Smith Reelects Managing Partner To 3rd Term

Reed Smith LLP equity partners have reelected the current global managing partner, who was running unopposed for a third four-year term, the firm announced Tuesday.

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Former DOJ Antitrust Chief Of Staff Joins Baker Botts

Baker Botts LLP announced Monday it has hired a former U.S. Department of Justice Antitrust Division chief of staff as a partner, bringing an attorney with important Big Tech experience to its D.C. office.

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Dentons Can't Shift Arbitration Row With Axed Atty In Calif.

A California federal judge has rejected Dentons' argument that he has jurisdiction over an arbitration dispute with a fired attorney, saying their partnership agreement was U.S.-based even if the agreement anticipated the lawyer might work with foreign-based clients.

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Erika Girardi's Atty Wants Out, Citing 'Breakdown' Of Trust

"Real Housewives of Beverly Hills" star Erika Girardi's attorney wants to drop her as a client after a "fundamental and material breakdown in the relationship" between her and the firm, according to documents filed Tuesday in her husband's bankruptcy cases.

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Judge Refuses To Seal Atty's Settled Spat With Ex-Fund GC

A Maryland lawyer's apparently settled lawsuit against a former investment fund general counsel with whom he had a romantic-slash-business relationship will remain public after a New York federal judge refused Tuesday to seal court filings.

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'Scared' Ex-Cop Secretly Taped Dechert Atty On ENRC Probe

A former police officer who worked for Kazakh mining company ENRC as a security consultant claimed at a London trial on Tuesday that he secretly recorded his conversations with a Dechert attorney as an insurance policy because he was "scared of him."

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'The VIPERS Are Coming': Man Charged With Threatening Atty

A former gubernatorial and U.S. Senate candidate who has mounted multiple unsuccessful campaigns in Delaware has been accused of threatening an attorney who represented his now-ex-wife in divorce proceedings, allegedly telling the lawyer that a group with military bonafides dubbed "The VIPERS" was coming for him. 

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Coronavirus Regulations: A State-By-State Week In Review

COVID-19 pandemic reopening plans over the past week focused on summer festivities, paving the way for the return of the New York State Fair at full capacity, a $95 million tourism comeback plan for California and the possibility of permanent to-go cocktails in Pennsylvania.

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LAW FIRMS

Abir Cohen

Baker Botts

Blackstone Chambers

Boies Schiller

Brafman & Associates

Brewer, Attorneys & Counselors

Caitlin Robin & Associates

Cloth Fair Chambers

Clyde & Co

Covington & Burling

Cowdery & Murphy

Davis Polk

Day Pitney

Dechert

Dentons

Dinsmore & Shohl

Elliott Greenleaf

Erskine Chambers

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Eversheds Sutherland

Feinberg Day

Finkelstein & Partners

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Foley & Lardner

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Grignon Law Firm

Gupta Wessler

Harris Wiltshire

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Hogan Lovells

Holland & Knight

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Jones Walker

King & Spalding

Kirkland & Ellis

Kobre & Kim

Lambros & Lambros

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Locke Lord

Loeb & Loeb

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Maxwell Graham Law

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Meister Seelig & Fein

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O'Brien Belland

O'Melveny & Myers

One Essex Court

Orrick Herrington

Perkins Coie

Pillsbury Winthrop

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Schaerr Jaffe

Scheef & Stone

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