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Is the 5th Circuit Really Too Conservative for the Supreme Court?

Thu, 2024-08-15 00:00

The only honest way to assess performance in the Supreme Court is to divide the number of Supreme Court reversals by the number of appeals the circuit decided the previous year. On that metric, the Fifth Circuit was reversed only one time for every 1,000 appeals.

       

'Irreversible Suffering': Apple Hit With Class Action Over Lack of Safety 'Guardrails' for Children

Wed, 2024-08-14 23:38

The suit, filed Tuesday in the U.S. District Court for the Northern District of California by the Buche Law Firm and Eisenberg & Baum, claims that Apple has escaped accountability for the proliferation of CSAM on iCloud by engaging in "privacy-washing," which it defines as "a deceptive marketing tactic where Apple touts its commitment to protect the privacy of its consumers but neglect[s] to meaningfully implement its stated ideas to practice."

       

'Irreparable Harm'?: US Judge Denies Big Pharma Motion to Halt FDA-Approved Generic Drug

Wed, 2024-08-14 23:26

"Novartis has not established on the current record that it is likely to suffer irreparable harm if injunctive relief is not granted," U.S. District Judge Dabney L. Friedrich wrote in her memorandum opinion denying Novartis's motion for a preliminary injunction without prejudice.

       

Critical Mass With Law.com's Amanda Bronstad: Former Clients, Employees, Testify in Tom Girardi Trial; South Carolina Talc Trial Wraps Up This Week

Wed, 2024-08-14 21:33

Welcome to Law.com Class Actions: Critical Mass, a weekly briefing for class action and mass tort attorneys. This week: Federal prosecutors in

       

State Appeals Court's Rejection of Contributory Negligence Arguments in $12M Railroad Injury Suit Sparks Forum Shopping Warning From Dissent

Wed, 2024-08-14 19:12

"Here, we take irrational disparity to a new level: FELA will mean one thing in Illinois and another thing in Missouri even with regard to identical accidents in Illinois to which the same Illinois safety regulation applies," Missouri Appellate Judge Cristian M. Stevens wrote in a dissenting opinion.

       

More CEOs May Unleash Buyout Offers, Creating Hornet's Nest of Challenges for Boards

Wed, 2024-08-14 17:56

23andMe set up an independent board committee and hired legal and financial advisers to work with it after CEO Anne Wojcicki offered to take the company private.

       

Lamont Asked to Nominate Woman of Color to State Supreme Court

Wed, 2024-08-14 17:38

"It is a must that Gov. Lamont actually appoint somebody who can be historic in terms of the diversity that they add to the state Supreme Court," Alliance for Justice's Vasu Abhiraman said.

       

Dead or Alive? How the Supreme Court Narrows, Without Overruling, Precedent

Wed, 2024-08-14 17:21

One way to do that is by what scholars call "narrowing" precedents, such as by limiting them almost exclusively to the factual circumstances in which they arose. Critics have disparaged this practice as a form of "stealth overruling."

       

RFK Jr. Files Appeals for Inclusion on NY's Presidential Ballot

Wed, 2024-08-14 17:00

The independent presidential hopeful has continued to blast the lawsuit by a Democratic-aligned political action committee, and the trial court judge's decision, as politically motivated.

       

Enzo BioChem Settles With NJ, Other States for $4.5M Over Health Data Breach

Wed, 2024-08-14 16:51

"It is stunning that as recently as last year, this health care company apparently did not abide by basic security precautions for online accounts, such as instructing its employees not to share passwords," New Jersey Attorney General Matthew J. Platkin said in a statement on the settlement.

       

Partners Confront 'Deeply Uncomfortable' Client Communications on Soaring Billing Rates

Wed, 2024-08-14 16:20

Law firms are increasingly relying on engagement letters or online e-billing platforms to alert clients of rate increases, even though less personalized communication can frustrate clients, sources say.

       

Texas Puts General Motors, OnStar at Head of Line in Data Privacy Lawsuit

Wed, 2024-08-14 16:06

While the named plaintiffs are limited to GM and OnStar, the complaint names many other companies involved in the alleged illegal practices.

       

Miami Judge Grants Class Certification to Royal Caribbean Workers: $500M at Stake

Wed, 2024-08-14 16:03

"Expect to see Russell argue that all of its actions were performed with the consent of the Royal Caribbean investment committee," said attorney Blake Dolman, who is not involved in the litigation.

       

Intel Again Accused of Misleading Investors on Foundry Finances

Wed, 2024-08-14 15:43

It's the second case bringing similar allegations against Intel in the Delaware court.

       

Microsoft-Backed Startup Hires Blockchain Guru as First Legal Chief

Wed, 2024-08-14 15:02

"Being part of a team that's pushing the boundaries of decentralized tech, and shaping the legal strategies that support this innovation, is incredibly rewarding."

       

Release of AI-Graded Test Scores Frozen, Permanent Injunction Requested

Wed, 2024-08-14 14:31

School districts allege Texas Education Agency Commissioner Mike Morath violated the Education Code in the development and use during the 2023-2024 school year of the standardized testing system.

       

Unpacking the Potential Impact of Recent SCOTUS Rulings on Digital Asset Regulations

Wed, 2024-08-14 13:50

In recent months, the U.S. Supreme Court has delivered epochal rulings that are poised to reshape the regulatory landscape across various industries.

       

How I Made Partner: 'The Quality of Your Work and Your Attitude Matters First and Foremost,' Says Katie McConnell of Moore & Van Allen

Wed, 2024-08-14 11:00

"The quality of your work and your attitude matters first and foremost. Be curious, do your own independent research before asking a question, and always ask yourself, 'How can I make this client's or partner's life easier?' With a good attitude, high quality of work and focus on client services, you will set yourself up for success."

       

'A Prime Target': AT&T Hit With Class Action One Month After Disclosing Massive Data Leak

Wed, 2024-08-14 10:53

The claim, brought on behalf of class members who had different wireless carriers but texted and called AT&T Mobile users, alleged that the company's own negligence resulted in an April 2024 cyberattack that leaked the call logs of more than 100 million AT&T customers, compromising their own data in the process.

       

'Rife With Inaccuracies': Merchan Denies Third Trump Bid for Recusal

Wed, 2024-08-14 10:52

"Stated plainly, Defendant's arguments are nothing more than a repetition of stale and unsubstantiated claims," the jurist wrote. "This Court now reiterates for the third time, that which should already be clear—innuendo and mischaracterizations do not a conflict create. Recusal is therefore not necessary, much less required."

       

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