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.

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States Ask Justices To Curtail Federal Trucking Law Shield

By Y. Peter Kang

Ohio and 28 other states have urged the U.S. Supreme Court to hold that a federal trucking industry law can't shield freight brokers from certain state-based injury claims, arguing Congress did not intend to undermine states' authority over regulating road safety.

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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.

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Expert Invoices Discoverable In J&J Talc MDL, Judge Says

By George Woolston

A New Jersey federal judge said Monday that the plaintiffs steering committee can receive invoices for Johnson & Johnson's experts' work relating to multidistrict litigation alleging the use of talcum powder caused ovarian cancer and mesothelioma, but only after it produces its own expert invoices.

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NJ Slams Town's Bid To 'Unilaterally Rewrite' PFAS Deal

By Juan-Carlos Rodriguez

New Jersey has slammed a bid by Carneys Point Township to intervene in the state's federal suit against Chemours and other companies over PFAS contamination, saying the township shouldn't be allowed to "rewrite" the terms of the deal.

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Mistrial Declared In Fla. Opioid Case Against Pharmacies

By David Minsky

A Florida state judge declared a mistrial following a hung jury after two weeks of deliberations in a lawsuit brought by hospitals alleging that Walmart, Walgreens and CVS pharmacies negligently doled out painkillers and contributed to the opioid crisis. 

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J&J Expert Tells Jury Women's Cancer Can't Be Traced To Talc

By Craig Clough

A University of San Diego gynecologic oncologist told a California jury Tuesday in a bellwether trial over claims that Johnson & Johnson's talc products caused two women's ovarian cancer that it is "impossible" to conclude why any particular person contracts the deadly disease. 

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Texas Court Blocks Discovery Order In Family Dollar Shooting

By Mike Curley

A Texas appeals court on Tuesday blocked parts of a discovery order in a suit over a fatal shooting by a Family Dollar employee, saying the order was overbroad and the trial court abused its discretion in issuing it.

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DOJ Gets OK To Unseal Epstein Grand Jury Docs In NY Case

By Lauren Berg

The U.S. Department of Justice on Tuesday secured a Manhattan federal judge's permission to unseal grand jury materials related to the investigation of Jeffrey Epstein, following a new law passed by Congress that requires the agency to release its files on the late sex offender.

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11th Circ. Weighs Immunity In Fla. Excessive Force Case

By David Minsky

Four Miami-area police officers urged the Eleventh Circuit on Tuesday to grant qualified immunity in a lawsuit accusing them of excessive force, arguing their level of physical control was necessary to restrain a teenager displaying extraordinary strength during a mental health breakdown. 

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Florida Bill Seeks To Shield Landowners From Pollution Suits

By Jonathan Capriel

A Florida lawmaker has introduced a bill that would add hurdles to those looking to sue over pollution damages caused by old phosphate mines, giving property owners a new defense to avoid strict liability claims.

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Combs' Defamation Suit Unlikely To Be Tossed, Judge Says

By Pete Brush

Sean "Diddy" Combs' $50 million defamation suit accusing a grand jury witness, a lawyer and Nexstar Media Inc. of spreading falsities is likely to survive the defendants' motion to dismiss, at least in part, a Manhattan federal judge said Tuesday.

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Texas Appeals Court Weighs $38M Electrocution Judgment

By Spencer Brewer

A Texas appellate court wanted to know why it should uphold a $38 million judgment against Oncor Electric Delivery Co. LLC for a man who was electrocuted while trimming trees around a power line, asking Tuesday how Oncor's actions caused the man's injuries.

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Woman Asks Colo. Judge To Label Exec A Public Figure

By Zach Dupont

An Illinois woman told a Colorado federal court that Brian Watson, the CEO of Northstar Commercial Partners, should be considered a public figure for the purposes of his defamation suit, where Watson accused the woman of telling people that he is a "criminal," that his wife is a prostitute and that he frequently uses the services of prostitutes.

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Ex-Bankruptcy Judges Urge High Court To End Estoppel Rule

By Rick Archer

Five retired bankruptcy judges are asking the U.S. Supreme Court to overturn a Fifth Circuit ruling blocking a debtor from pursuing litigation he failed to disclose in his bankruptcy case, saying the panel applied stricter standards than most circuits and the high court itself.

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Wash. Justices To Review Immunity In $2.3M Ambulance Case

By Ben Adlin

Washington's highest court on Tuesday said it will review a $2.3 million verdict over a cancer patient's death in an ambulance crash, agreeing to consider what the ambulance operator called a "double standard" in an appeals court ruling that it said would grant immunity to crews transporting patients experiencing mental health crises, but not those in need of physical care.

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Judge Will OK Church Wages In Ch. 11 Seeking Claims Halt

By Emlyn Cameron

A New York bankruptcy judge said Tuesday he would grant interim approval to first day relief including permission to pay wages in a Chapter 11 case the Church of the Immaculate Heart of Mary began to pause abuse claims as its archdiocese tries to hash out a larger resolution.

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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.

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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. 

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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.

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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. 

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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.

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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.

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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.

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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.

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