Courts & Litigation

News

Jeff Sessions' Rules for Immigration Courts ‘Unprecedented,’ Union Head Says

Ellis Kim | September 21, 2018

Judge Ashley Tabaddor, the president of the National Association of Immigration Judges, said new rules from U.S. Attorney General Jeff Sessions compromise the integrity of the nation's immigration courts.

News

Cooper & Kirk Working With Arizona AG in Google Probe

Ellis Kim | September 18, 2018

Cooper & Kirk is working with the state attorney general to investigate allegations a tech company, reported to be Google, is deceiving consumers by tracking and storing their location data.

News

Lawyers Spar Over Trump Tax Return FOIA Suit at DC Circuit

Ellis Kim | September 13, 2018

At least one D.C. Circuit judge appeared skeptical of the DOJ argument that EPIC, the advocacy group seeking Trump's tax returns, hadn’t completed its Freedom of Information Act request.

Commentary

Settlement Should Never Be the Only Option

Jonathan Rauchway and James Henderson | September 11, 2018

When confronted with a significant lawsuit, every company, no matter the size or industry, must make a careful assessment of the risks involved in taking the case to trial.

News

Court Requires FDA to Issue Graphic Warning Labels for Cigarette Packages

Ian Lopez | September 05, 2018

The District Court for the District of Massachusetts is requiring the FDA to develop a timeline for issuing labels after years of having “unlawfully delayed” or “unreasonably withheld” adherence to a 2011 law requiring it.

Ohio AG Clears Hurdle With Key Decision in Opioid Litigation

Amanda Bronstad | August 30, 2018

A judge has allowed the state of Ohio’s case to go forward against several opioid manufacturers in a ruling that plaintiffs lawyers are citing in…

News

Meet John Eisenberg, Soon the 'Lone Deputy' at the White House Counsel’s Office

Ellis Kim | August 30, 2018

The White House Counsel’s Office, which has had four deputies since the start of Trump’s presidency, could soon be down to just John Eisenberg, the top lawyer on national security matters.

News

NCAA's $75M Concussion Settlement on Hold After Notice Glitches

Amanda Bronstad | August 29, 2018

The final approval of a $75 million concussion settlement with the National Collegiate Athletic Association is on hold until an independent auditor completes its review of a notice program that has apparently been plagued with problems.

New Case at US Supreme Court Tests Gender Pay Disparities

Erin Mulvaney | August 21, 2018

A gender-pay case that management-side firms called a "wake-up call" for employers is expected soon to arrive at the U.S. Supreme Court after settlement talks stopped. The Ninth Circuit, ruling for the employee this year, declared: “Salaries speak louder than words.”

Study Examines Winning, Losing Strategies in Climate-Change Lawsuits in the United States

MP McQueen | August 21, 2018

A review of domestic climate change-related lawsuits in the United States over a 26-year period by researchers at George Washington University and New York University found that pro-regulation litigants found that some types of climate change lawsuits were more likely to be successful than others. Here's how they broke down.

Analysis

6 More Trump Court Picks, Including Wilmer Partner and LGBT Judge, Head to Senate

Mike Scarcella | August 21, 2018

Two Big Law litigation partners and an out lesbian U.S. magistrate judge are among the judicial nominees who will appear Wednesday on Capitol Hill in Washington. The U.S. Senate has confirmed 26 Trump nominees picked for federal appeals courts.

News

Manafort Jury's First Questions Included Defining 'Reasonable Doubt'

C. Ryan Barber and Ellis Kim C. Ryan Barber and Ellis Kim | August 16, 2018

Responding to that request, the judge said the prosecution bore the burden of proving its allegations beyond a reasonable doubt, but not beyond “all possible doubt.”

Update

Manafort Defense Goes After Rick Gates’ Credibility in Closings

C. Ryan Barber | Ellis Kim | August 15, 2018

Defense attorneys described the government as “so desperate” to get Manafort, that they cut a plea deal with Gates that might allow him to walk free.

News

Manafort Lawyer Accuses Rick Gates of 'Secret Life,' Embezzlement

Ellis Kim | August 07, 2018

Kevin Downing’s questions and accusations are central to a defense strategy to dismantle Gates’ credibility.

News

Objector Should Get Fees in Southwest Airlines Drink Voucher Settlement, Appeals Court Says

Amanda Bronstad | August 03, 2018

A federal appeals court sided with an objector who sought fees in a settlement over drink vouchers on Southwest Airlines—but issued a stern warning to the lawyers to end the case.

News

Boeing, in Bid to Dismiss Suits, Says Final Report Over Malaysia Air Flight 370 Found No Defect

Amanda Bronstad | August 02, 2018

Boeing argued this week that a final report into the disappearance of Malaysia Air Flight 370 supports its bid to dismiss dozens of lawsuits brought in U.S. courts on behalf of the families of deceased passengers.

News

OK, Got It, No More Photos Showing Manafort's Big-Spender Ways

C. Ryan Barber | August 02, 2018

“What I have not permitted,” U.S. District Judge T.S. Ellis III said at Paul Manafort's trial Thursday, “is to gild the lily.” Prosecutors appeared to get the message as they concluded their questioning of witnesses who, in the past, have sold luxury goods or provided services to Manafort, on trial for alleged bank and tax violations in Virginia federal district court.

News

Governor, State of Michigan, Tossed From Flint Water Class Action

Amanda Bronstad | August 01, 2018

Flint Mayor Karen Weaver said the decision gives the state of Michigan a “free pass.”

News

The Paul Manafort Trial Is Blasting Along: 3 Observations

C. Ryan Barber | August 01, 2018

U.S. District Judge T.S. Ellis III is pushing the Paul Manafort tax and bank fraud trial along in Virginia. Here are several observations from the second day of trial.

News

Senator's SCOTUS Brief Challenges Wave of Pro-Arbitration Decisions

Erin Mulvaney | July 27, 2018

In his first friend-of-the-court brief as counsel of record, Sen. Sheldon Whitehouse, a Rhode Island Democrat, pressed for the right of independent contractors to litigate labor disputes in court in New Prime v. Oliveria.

News

Court OKs Class Accord Over Allegedly Defective Triggers on Remington Rifles

Amanda Bronstad | July 26, 2018

An appeals court has approved a class action settlement about allegedly defective Remington rifles—one that attorneys general in 10 states opposed…

Research

Report: Shareholder Lawsuits Being Filed at Record Pace, and They're Getting Bigger

Amanda Bronstad | July 25, 2018

A record pace of shareholder class action filings continued during the first half of 2018—and the cases are getting much bigger, according to a midyear report released today.

News

Prosecutors Fear Defense Attorney May Spill Details in Alleged Russian Agent Case

Ellis Kim | July 25, 2018

Prosecutors asked for a protection order Wednesday before turning over documents to the attorney representing Maria Butina, citing his frequent cable news appearances.

Q&A

US Trial Bar Leader Says Kavanaugh Could 'Dramatically Affect Consumer Rights'

Amanda Bronstad | July 20, 2018

The American Association for Justice's new president, Elise Sanguinetti, came on board this month right after President Donald Trump nominated Judge…

News

Baker & Hostetler Lawyer Fights ACLU Subpoena for Ohio Redistricting Docs

Ellis Kim | July 19, 2018

The ACLU hit E. Mark Braden, of counsel at the firm, with two subpoenas this summer over a challenge to Ohio’s 2011 congressional map.

News

MGM's Suits Against Las Vegas Shooting Victims Are Unprecedented, Lawyers Say

Amanda Bronstad | July 18, 2018

MGM Resorts International has filed nine lawsuits across the country against 2,500 victims of the Oct. 1, 2017, mass shooting in Las Vegas in an unprecedented move that had plaintiffs lawyers accusing the entertainment conglomerate of forum shopping and defense lawyers scratching their heads.

News

Labaton Petitions 1st Circuit for 'Fair and Impartial' Judge in State Street Case

Amanda Bronstad | July 17, 2018

The New York firm is objecting to a special master’s report that found Labaton and two other firms serving as class counsel in the case had deliberately misled the court about how they planned to distribute $75 million in attorney fees.

News

Kavanaugh's Record on Class Actions Thin, but Leaves Clues He'd Restrain Them

Amanda Bronstad | July 16, 2018

U.S. Supreme Court nominee Brett Kavanaugh has a limited record on class actions and mass torts, but many of his rulings favor businesses, lawyers say, raising the likelihood that he would favor the defense in such cases.

News

DOJ Effort to Derail AT&T-Time Warner Merger Seen as Uphill Fight, But Some Point to 'Friendly Forum' in DC Circuit

Ellis Kim | July 16, 2018

Experts see a difficult task ahead for the Trump administration, particularly because the federal trial judge’s ruling was so fact-driven. But others argue the appeal might find a more favorable reception at the D.C. Circuit.

News

Brett on the Bench: Lawyers Describe What It’s Like Arguing Before Kavanaugh

Ellis Kim | July 12, 2018

What should a lawyer approaching the U.S. Supreme Court’s lectern expect from an “Associate Justice” Kavanaugh during oral argument, if he’s confirmed?

No Sentencing Date (Yet) for Michael Flynn, Charged in Mueller Case

Ellis Kim | July 10, 2018

Michael Flynn and his lawyer, Robert Kelner, a Covington & Burling election-law partner in Washington, appeared before U.S. District Judge Emmet Sullivan on Tuesday.

News

Judge Vacates $140M Verdict in Case Over Low-T Treatment Because of Inconsistent Findings

Amanda Bronstad | July 06, 2018

  A federal judge has vacated a $140 million verdict over “low testosterone” treatments after finding that the jury’s findings were inconsistent. The…

News

Missouri Appeals Court Reverses $55M Talc Verdict

Amanda Bronstad | July 03, 2018

The Missouri Court of Appeals decision on June 29 is the third ruling to reverse a jury award against Johnson & Johnson over its baby powder, which thousands of lawsuits have alleged caused women to get ovarian cancer.

News

Federal Circuit Zeros Out Coke Zero Trademark Win

R. Robin McDonald | June 20, 2018

The Federal Circuit gave new impetus to a long-running battle between Atlanta's The Coca-Cola Co. and rival Royal Crown Cola/Dr. Pepper Snapple over the use of the word Zero in no-calorie sports and soft drinks.

News

Judge Appoints Special Master in Flint Water Contamination Case

Amanda Bronstad | June 20, 2018

A federal judge in Michigan has refused to remove lead attorneys in the Flint water contamination case but plans to bring in a special master to review their fees and expenses.

News

How a Fee Inquiry Led to Hints of Public Corruption That Have Labaton Fighting

Amanda Bronstad | June 19, 2018

What began as a judge's inquiry into a $75 million attorney fee has morphed into hints of public corruption, with one of the top securities plaintiffs firms in the nation on the defensive.

News

Judge Appoints Leadership in Intel Security Flaw Cases

Amanda Bronstad | June 19, 2018

A federal judge in Oregon has appointed 11 lawyers to lead more than 40 class actions brought over alleged security flaws in Intel Corp.’s microprocessor chips.

News

State AGs, ex-U.S. Attorneys to Sessions: Stop Separating Families at the Border

Ellis Kim | June 19, 2018

Two letters, one signed by state attorneys general and one from former U.S. attorneys, urged the Trump administration to pull back from its policy Tuesday.

News

Labaton Sucharow Wants State Street Judge Recused After He Hinted at 'Public Corruption'

Amanda Bronstad | June 15, 2018

Labaton Sucharow has moved for a federal judge reviewing its billing records to recuse himself from a securities class action settlement, citing a “serious conflict” raised by statements from the judge, which the firm said implied that the New York law firm was engaged in public corruption.

News

State AGs Lose Ground in Emissions Cases Against Volkswagen

Amanda Bronstad | June 13, 2018

Volkswagen has scored a critical court victory in its battle against several state attorneys general who are still pursuing billions of dollars over its emissions scandal.

News

McCabe’s FOIA Lawsuit a Likely Precursor of More Litigation

Ellis Kim | June 13, 2018

An attorney for the former FBI deputy director had pledged to file a lawsuit after McCabe was fired nearly a day before retiring.

News

Lead Plaintiff in State Street Overbilling Probe Hires Own Counsel but Stays in Case

Amanda Bronstad | June 07, 2018

The executive director over an Arkansas pension fund has retained outside counsel but insisted he could continue to serve as lead plaintiff in settlements…

News

DOJ Civil Chief, 3 Former SCOTUS Clerks Among Latest Trump Court Picks

Ellis Kim | June 07, 2018

The president's 15th round of judicial nominations also included a slate of Big Law lawyers.

Live Coverage News

J&J 'Rigged Tests' on Whether Baby Powder Was Laced With Asbestos, Lanier Tells Jury

Amanda Bronstad | June 06, 2018

Johnson & Johnson “rigged the tests” to avoid conceding that its baby powder contained asbestos, causing 22 women to get ovarian cancer, plaintiffs lawyer Mark Lanier told a St. Louis jury in opening statements on Wednesday in the most high-volume talcum powder trial to date.

News

Trial Linking Talc to 22 Ovarian Cancer Cases Set to Open in Mo.

Amanda Bronstad | June 04, 2018

Claims of 22 women are set to be tested in the case, the first scheduled to go to trial since the Supreme Court’s 2017 decision in "Bristol-Myers Squibb v. Superior Court of California," which made it harder for nonresident litigants to pursue claims in multiplaintiff lawsuits.

News

Court Acts to Freeze Assets of Chesley, Ex-'Master' of Mass Torts

Amanda Bronstad | June 01, 2018

An appeals court has upheld an injunction freezing the assets of Stanley Chesley—once known as the "master of disaster" for his work in mass tort litigation—after concluding that the disbarred Cincinnati plaintiffs attorney is likely to continue what it called a “high-stakes shell game.”

News

Judge in Case Over State Street Overbilling Is Considering Appointing New Class Counsel

Amanda Bronstad | May 29, 2018

U.S. District Judge Mark Wolf in Boston said he would address concerns by three plaintiffs firms currently serving as class counsel to State Street customers about the deadline to propose redactions to the report, which the special master filed under seal on May 14.

Profile

Morgan, Lewis & Bockius

Ben Hancock | May 28, 2018

#MeToo has driven long-overdue reforms in workplaces toxic to women, and Morgan, Lewis & Bockius’ labor and employment department has been on the front lines of some headline-grabbing cases.

Profile

Steptoe & Johnson

Rich Acello | May 28, 2018

A major asbestos-related insurance coverage dispute ruling at the Fourth Circuit will have lasting significance not only as Maryland law, but likely will be followed in other circuits around the country.

Profile

Gibson, Dunn & Crutcher

Laura Castro | May 28, 2018

Putting the right team together resulted in several high-profile victories last year for Gibson Dunn’s national and international corporate clients.