SCOTUS Leak Breaks the Internet: The Morning Minute
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May 03, 2022 at 06:00 AM
5 minute read
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WHAT WE'RE WATCHING
'THIS IS AN EARTHQUAKE' - Social media quickly exploded Monday night after an unprecedented leak showed the U.S. Supreme Court has circulated a draft opinion that would overturn two key abortion rights precedents. The draft acquired by Politico was written by Justice Samuel Alito, and would overturn Roe v. Wade and Planned Parenthood v. Casey. The decision would cap off Mississippi's defense of its ban on abortions after 15 weeks of pregnancy, a case that eventually morphed into a call to overturn the two landmark decisions. The news quickly lit up social media as legal experts chimed in on how this potential ruling may affect the court's legitimacy. "This is an earthquake—for what it portends for the future not only of Roe, but of *all* implied fundamental rights, and for the stunning breach of the court's norms of confidentiality. And whatever you think of the leak, the former has *everything* to do with the latter," tweeted Steve Vladeck of the University of Texas School of Law.
PARDON THE INTERRUPTION - The momentum in favor of the insurance industry in COVID-19 business interruption litigation has picked up speed in recent weeks. As we note in the latest Law.com Litigation Trendspotter column, another federal appeals court, as well as the first two state high courts in the U.S., issued rulings last month rejecting policyholders' claims that COVID-19 caused "direct physical harm or damage" to their properties. With the majority of federal appeals courts siding with insurers in these cases, state and federal courts now have a more solid blueprint to follow in these cases than they did even six months ago. But at least one federal court has refused to consider the matter entirely settled, creating a small sliver of hope for insureds in some of these matters.
WHO GOT THE WORK?℠ - Martin R. Martos II and Gabrielle Winslow of Fox Rothschild have stepped in to defend iRobot Corporation in a pending consumer class action. The suit, filed March 10 in Illinois Northern District Court by Frankfort Law Group, contends that iRobot knowingly sold defective Roomba vacuums to consumers and charged consumers $59 for a repair kit that did not remedy the defect. The case, assigned to U.S. District Judge Martha M. Pacold, is 1:22-cv-01290, Toolis v. iRobot Corporation. >> Read the filing on Law.com Radar and check out the most recent edition of Law.com's Who Got the Work?℠ column to find out which law firms and lawyers are being brought in to handle key cases and close major deals for their clients.
RAGE AGAINST THE MACHINE LEARNING - Riskified Ltd., a ecommerce risk management platform, and certain officers and directors were hit with a securities class action Monday in New York Southern District Court in connection with the company's July 2021 initial public offering. The suit, brought by Robbins Geller Rudman & Dowd and Johnson Fistel LLP, contends that Riskified overstated the capabilities of its machine-learning platform to successfully detect and prevent fraud. The suit also brings claims against Goldman Sachs, JPMorgan Chase, Credit Suisse and other investment banks who served as underwriters of the IPO. Counsel have not yet appeared for the defendants. The case is 1:22-cv-03545, Thomas v. Riskified Ltd. et al. Stay up on the latest deals and litigation with the new Law.com.
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EDITOR'S PICKS
Are Settlement Claims Rates a Problem? The Plaintiffs Bar Is Divided By Christine Schiffner |
Vermont Law School Appoints New Dean By Christine Charnosky |
State Appellate Court Voids $1.1B Verdict Over Forest Management Practices By Marianna Wharry |
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Who Got The Work
Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
Who Got The Work
Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
Who Got The Work
Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
Who Got The Work
David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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