Judge Appears Unmoved By Ex-Drexel Officer's Bias Claims

By P.J. D'Annunzio

A Pennsylvania federal judge on Tuesday seemed skeptical of a former Drexel University administrator's claims that the tense workplace exchanges she experienced were spurred by racial and gender animus, appearing unconvinced that they were more than office disagreements.

Read full article » | Save to favorites »

Pa. Justices Affirm County's Loss Over Election Inspections

By Matthew Santoni

Pennsylvania's Supreme Court on Tuesday upheld a ruling that the state's top election official could order voting machines to be yanked from service, closing one chapter on the tome of litigation that followed Fulton County's third-party inspection of its Dominion Voting Systems machines after the 2020 election.

Order attached | Read full article » | Save to favorites »

Comcast Can't Get Fed. Circ. To Move Patent Case To Pa.

By Adam Lidgett

The Federal Circuit on Tuesday shot down Comcast's bid to overturn an Eastern District of Texas judge's decision declining to transfer an infringement suit the telecom behemoth is facing in his court to the Eastern District of Pennsylvania.

Order attached | Read full article » | Save to favorites »

3rd Circ. Won't Let Post-Gazette Duck Benefits Injunction

By Emily Brill

A Third Circuit panel is standing by its decision to let an injunction against the Pittsburgh Post-Gazette remain active while the newspaper appeals, saying it won't reconsider its Nov. 24 refusal to stay an injunction requiring the paper to restore its workers' pre-2020 benefits.

Order attached | Read full article » | Save to favorites »

Philly Cops Say OT Suit Should Go To Trial

By Irene Spezzamonte

An overtime suit against the city of Philadelphia, its police department and some of the department's leaders should continue on to trial because qualified immunity doesn't apply and many questions remain unanswered, two ranking officers told a federal court.

2 documents attached | Read full article » | Save to favorites »

NJ Builder Says Court Can Decide Tunnel Labor Row

By Braden Campbell

The Third Circuit's finding that federal labor law blocks courts from stopping National Labor Relations Board cases doesn't apply to a builder's bid to block an imminent bidding deadline on the lucrative Hudson Tunnel Project, the builder and a unionized employee told a New York federal judge.

2 documents attached | Read full article » | Save to favorites »

Mich. Retirement Group Can Join Voter Data Suit, Judge Says

By Danielle Ferguson

An association representing retired union voters, the founding director of a University of Michigan law clinic and a local influencer can all step into the federal government's attempt to force the state of Michigan to turn over voters' personal information, a Michigan federal judge ruled Tuesday.

Order attached | Read full article » | Save to favorites »

Analysis

Hagens Berman's Novel DOJ Referral May Have Chilling Effect

By Emma Cueto

A Pennsylvania federal judge's unusual decision to refer prominent plaintiffs firm Hagens Berman LLP to the U.S. Department of Justice for possible criminal investigation over its pursuit of claims related to morning sickness drug thalidomide could have a chilling effect on lawyers' advocacy, law professors and attorneys said.

Read full article » | Save to favorites »

How MAHA Is Taking Shape At The State Level

The national spotlight on the federal government's Make America Healthy Again movement is bolstering state-level actions regarding potential health impacts of certain food ingredients, increasing the difficulty and importance of maintaining effective compliance programs, say attorneys at Cooley.

Read full article » | Save to favorites »

1st-Of-Its-Kind NIL Claim Raises Liability Coverage Questions

The University of Georgia Athletic Association recently sought to compel arbitration against former UGA football player Damon Wilson in a first-of-its-kind legal action for breach of a name, image and likeness contract, highlighting questions around student-athlete employment classification and professional liability insurance coverage, says Sarah Abrams at Baleen Specialty.

1 document attached | Read full article » | Save to favorites »

AI Evidence Rule Tweaks Encourage Judicial Guardrails

Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.

Read full article » | Save to favorites »

Bonus Spotlight

MoFo, Kellogg Hansen Exceed Prevailing BigLaw Bonus Scale

By Anna Sanders

Morrison Foerster LLP and boutique law firm Kellogg Hansen Todd Figel & Frederick PLLC both recently unveiled above-market bonuses, according to a MoFo in-house memo and a media report. 

Memorandum attached | Read full article » | Save to favorites »

Trustee Says Winston & Strawn Is Liable For $1.7B Fintech Bust

By Lynn LaRowe

The trustee of the bankrupt self-styled "anti-woke" financial technology startup GloriFi said Winston & Strawn LLP shouldn't be allowed to escape a malpractice lawsuit over the company's $1.7 billion failure, saying the firm was a knowing participant in the allegedly unlawful activities of its then-CEO.

1 document attached | Read full article » | Save to favorites »

Consulting Co. Says Law Firms' Malpractice Cost It $10M

By Rachel Konieczny

A Colorado consulting company told a state court that an Am Law 200 firm and a now-dissolved law firm committed legal malpractice that cost the company $10 million in a lending transaction. 

Complaint attached | Read full article » | Save to favorites »

Uber May Win Sanctions On Atty Who Disclosed MDL Docs

By Bonnie Eslinger and Mike Curley

A California federal judge said Tuesday it appeared an attorney for plaintiffs claiming Uber failed to protect passengers from sexual assault "acted in a cavalier manner" with a protective order in the multidistrict litigation, but didn't rule on Uber's requests for monetary sanctions nor its bid to kick the attorney off the plaintiff steering committee.

Motion attached | Read full article » | Save to favorites »

Brief

Democrats Push For $1.76B To Fix Defender Budget Shortfall

By Courtney Bublé

Almost 50 Democratic lawmakers are urging congressional appropriators to fix the long-standing budget shortfall for federal defenders in the upcoming full-year budget.

Letter attached | Read full article » | Save to favorites »

DOJ Says It Could Indict Comey Again

By Jared Foretek

The U.S. Department of Justice on Tuesday said it may once again seek charges against ex-FBI Director James Comey, asking a D.C. federal judge to dissolve a temporary restraining order that bars prosecutors from using evidence seized from Comey's former attorney.

2 documents attached | Read full article » | Save to favorites »

Analysis

FERC's Fate Uncertain As Humphrey's Executor Teeters

By Keith Goldberg

The future of the Federal Energy Regulatory Commission may hinge on whether the U.S. Supreme Court will remake its 90-year-old precedent that protects members of independent agencies from being fired at will by the president.

Read full article » | Save to favorites »

Senate Confirms 3 Judges For La., Miss.

By Courtney Bublé

The U.S. Senate confirmed three judicial nominees Tuesday for federal courts in Louisiana and Mississippi.

Read full article » | Save to favorites »