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The Litigation Daily
Updated: 45 min 23 sec ago

Litigator of the Week: A Stratospheric Win For Trial Boutique BraunHagey Founder

Fri, 12/06/2019 - 00:52

'We have grown used to flying under the radar, even though we have been prevailing in high profile cases since inception,' Noah Hagey said. 'You might say that underestimation is one of our strategic advantages.'


Expletive-Laden 'Negotiating Tactic' Could Result in Sanctions for SoCal Lawyer

Thu, 12/05/2019 - 18:15

Culver City attorney Christopher Hook referred to opposing counsel at Sheppard, Mullin, Richter & Hampton as "mother fucking cock suckers," among other slurs and epithets, in what he has labeled a "confidential negotiating tactic" to get insurer Allstate to settle with his clients.


Alex Kozinski Slated to Return to 9th Circuit as Oral Advocate

Thu, 12/05/2019 - 16:38

Kozinski, the former chief judge of the court who retired abruptly two years ago amid sexual harassment allegations, is set to make arguments before the court on Monday in a copyright case against the filmmakers behind "The Shape of Water."


FTC Eyeing 'Alarming' Attorney Ads on Pharma

Thu, 12/05/2019 - 16:36

The FTC's initiative—which comes in the wake of medical research and business groups' expressions of concern—is aimed at curbing attorney ads that could cause people to become so concerned about the safety of their medications they simply stop taking them.


Who Is Jeffrey Mueller? Gunmaker Remington Adds Litigator for Sandy Hook Court Fight

Thu, 12/05/2019 - 16:27

As the battle between the Sandy Hook families and Remington enters its sixth year of litigation, Remington has brought on a Day Pitney partner.


David Boies Opens Up About That New York Times Article

Thu, 12/05/2019 - 11:59

In a call that lasted well over an hour, Boies answered questions about the Times piece. Pottinger had his say, too.


Sex and the Text: What May Carry the Day in the Supreme Court's Title VII Cases

Thu, 12/05/2019 - 11:27

A Georgetown Law professor says that she's found evidence that shows transgender discrimination was included in a reasonable understanding of sex discrimination when Title VII was enacted.


Daily Dicta: Sanford Heisler Sitting Pretty in $1.28B Whistleblower Suit

Thu, 12/05/2019 - 00:40

The 55-lawyer firm has been on a roll of late, making appearances in a slew of high profile cases.


'Don't Go to Law School': Republicans, Legal Scholars Face Off Over Impeachment

Wed, 12/04/2019 - 19:29

Stanford's Pam Karlan sparred with Republicans on the House Judiciary Committee as she and other legal experts testified on whether Trump's conduct is impeachable.


DOJ Asks Appeals Court to Scrap Dentons' $7M Fee Award

Wed, 12/04/2019 - 18:49

The government told the U.S. Court of Appeals for the Federal Circuit it would not further question or contest novel issues tied to Dentons' third-party litigation finance arrangement.


Appeals Court Ponders Whether 'Diet' Means Low-Cal or Healthy When It Comes to Soda

Wed, 12/04/2019 - 17:56

The U.S. Court of Appeals for the Ninth Circuit heard arguments in a class action alleging Diet Dr Pepper deceives consumers into believing they will lose weight—or at least, not gain pounds. The U.S. Court of Appeals for the Second Circuit struck down a similar case this year involving Diet...

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Senate Confirms Another Judge Deemed 'Not Qualified' by the ABA

Wed, 12/04/2019 - 15:01

The American Bar Association cited Sarah Pitlyk's lack of trial and litigation experience for issuing the rating.


Here's What Attorneys Will Argue Over in 'Walking Dead' Trial

Wed, 12/04/2019 - 14:07

John Bernecker, 33, died from a 25-foot stunt fall off a balcony on "The Walking Dead" set in 2017. His parents, Susan and Hagen Bernecker, are suing AMC and affiliated entities, alleging they cut corners on budgets and safety. The defendants have denied liability, saying the death was a tragic...

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Judge Dismisses Pierce Bainbridge Extortion Suit Against Ex-Partner, but Fight Continues

Wed, 12/04/2019 - 13:22

A California judge concluded ex-partner Don Lewis didn't have enough ties to the state for the case to proceed, keeping the battle in New York.


Daily Dicta: Williams & Connolly Blasts Feds for Withholding Major Exculpatory Evidence (Again) in Blockbuster Case

Wed, 12/04/2019 - 00:50

"Enough is enough," the Williams & Connolly team wrote in a motion for a new trial. "Mr. Slatten's service to this country has been repaid with more than a decade of flawed legal proceedings caused by repeated government transgressions."


Sidley Vows to Fight Claims It Aided $1.3B Ponzi Scheme

Tue, 12/03/2019 - 18:42

"We believe the claims asserted against the firm and Mr. Sullivan are without merit, and we intend to defend the case vigorously," a spokesman for Sidley said.


EDNY Judge Disqualifies Sidley's James Cole From Defending Huawei

Tue, 12/03/2019 - 17:53

The ruling, under seal in U.S. District Court for the Eastern District of New York, came almost six months after federal prosecutors argued that an "obvious conflict of interest" should prevent the Sidley Austin partner from representing Huawei.


US Judge Asks Postmates to Explain Why It Hasn't Moved Forward With Courier Arbitrations

Tue, 12/03/2019 - 17:04

U.S. District Judge Saundra Brown Armstrong asked the company to explain why it should not be held in contempt for violating her prior order forcing Postmates to arbitrate more than 5,000 worker misclassification cases brought on behalf of individual couriers.


Siding With Armstrong Teasdale, Court Rules Law Firm Partners Can't Sue Under Age Bias Law

Tue, 12/03/2019 - 15:50

The Eighth Circuit rejected bias claims brought under the Age Discrimination in Employment Act by a partner forced out by his firm's mandatory retirement policy.


In 'Landslide Endorsement,' Less Than 2% of Governments Opt Out of Opioid Class Action

Tue, 12/03/2019 - 15:48

About 1.6% of the more than 34,000 potential class members opted out of the so-called "negotiation" class, according to a Monday court filing. Lead attorney Jayne Conroy called the turnout a "landslide endorsement" of the novel idea.