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Good morning. The Colorado Supreme Court disqualified Donald Trump from the state’s 2024 presidential primary ballot. Plus, a new Texas law that will allow state officials to arrest people suspected of crossing the U.S.-Mexico border illegally is facing a challenge; legal fees for consumer lawyers in Google’s app store settlement could reach more than $120 million; and Rite Aid will be banned from using AI facial recognition technology for five years under a new FTC settlement. Thanks for reading!
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The Colorado Supreme Court disqualified Donald Trump from the ballot in the state’s presidential primary election next year over his role in the Jan. 6 attack on the U.S. Capitol by his supporters. Andrew Goudsward and Jack Queen report that the divided ruling makes Trump the first presidential candidate in U.S. history to be deemed ineligible for the White House under a rarely used provision of the U.S. Constitution that bars officials who have engaged in “insurrection or rebellion” from holding office.
>> Read the ruling.
The court’s 4-3 majority found the former president’s speech inciting the crowd that breached the Capitol was not protected by the First Amendment. The court said Trump “continued to fan the flames of his supporters’ ire, which he had ignited, with ongoing false assertions of election fraud.” Trump has denied violating any U.S. law. The court paused its order to allow Trump to appeal to the U.S. Supreme Court.
The justices acknowledged the “uncharted territory” the case presented. “We do not reach these conclusions lightly. We are mindful of the magnitude and weight of the questions now before us. We are likewise mindful of our solemn duty to apply the law, without fear or favor, and without being swayed by public reaction to the decisions that the law mandates we reach.”
Three of the court’s seven justices voted in dissent. One of the dissenting justices, Carlos Samour, said a lawsuit is not a fair mechanism for determining Trump’s ballot eligibility because it deprives him of his right to due process. “Even if we are convinced that a candidate committed horrible acts in the past — dare I say, engaged in insurrection — there must be procedural due process before we can declare that individual disqualified from holding public office,” Samour said.
>> Explainer: What does Trump’s disqualifcation ruling in Colorado mean?
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- Nebraska and Kentucky are the latest states to commit to using the updated bar exam for licensing attorneys. Both states said they will start administering the new exam in July 2027, two testing cycles after the Next Gen test is slated to debut in July 2026. Nine states so far have said they will move to the new exam.
- President Joe Biden said he planned to nominate five new trial court judges in four states with Republican senators, whose support the White House has increasingly sought as it pushes to fill vacancies in their home states. The nominees include Ernesto Gonzalez and Leon Schydlower in Texas, Susan Bazis in Nebraska, Kelly Rankin in Wyoming and Ann Marie McIff Allen in Utah.
- Sara Hill won bipartisan backing in the U.S. Senate to become the first Native American woman to serve as a federal judge in Oklahoma, despite opposition from the state’s Republican governor to positions she took as the Cherokee Nation’s attorney general.
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That’s how much in fees that law firms Bartlit Beck, Kaplan Fox & Kilsheimer and others can seek as part of the $700 million Google Play antitrust settlement. The firms had filed their own litigation prior to a group of states pursuing claims that Google monopolized Android app distribution and in-app billing services. The maximum fee, per an agreement by the parties, would be about 19% of the fund, clocking in at less than the 25% benchmark for California and other states in the San Francisco-based 9th Circuit. Google had no comment on fees. The states said they were not taking a position now on any percentage or amount. The settlement and any fee award will go before a federal judge early next year.
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A new standardized exam is making waves on the law school testing scene. Called JD-Next, its backers say that, unlike the long-dominant Law School Admission Test, it predicts academic success with “little to no score disparities for under-represented groups.” In her latest column, Jenna Greene looks at the test, which 47 law schools have now been cleared to use in place of the LSAT or GRE for admissions decisions.
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“She was so successful that the barriers she broke down are almost unthinkable today.“
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—Chief Justice John Roberts, hailing the late Justice Sandra Day O’Connor at a memorial service at the Washington National Cathedral. Roberts was among speakers, who also included President Joe Biden, at the service for O’Connor, the U.S. Supreme Court’s first female justice. Biden praised O’Connor for breaking down barriers in the legal and political worlds, transcending political divisions and weighing ordinary people in her decision-making, Doina Chiacu writes. Roberts described O’Connor as a “strong, influential and iconic jurist.”
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- A Brazilian lawyer who pleaded guilty in November to trading on inside information while he was serving as a visiting attorney at U.S. law firm Gibson Dunn will be sentenced. Romero Cabral da Costa Neto, 33, has asked for a sentence of time served and supervised release, which would be suspended once he leaves the United States. Prosecutors asked U.S. District Judge Carl Nichols to impose a sentence of eight months in prison.
- Donald Trump faces a deadline to file a response in the U.S. Supreme Court to a request by federal prosecutors for the top court to quickly review the former president’s claim that he cannot be prosecuted for trying to overturn his 2020 election defeat. Trump has appealed a decision by U.S. District Judge Tanya Chutkan rejecting his bid to dismiss the case.
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Court calendars are subject to last-minute docket changes.
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- The 5th Circuit temporarily blocked President Joe Biden’s administration from destroying razor wire fencing that Texas placed along its border with Mexico to deter illegal border crossings. The appeals court said a judge was wrong to rule that the U.S. government was immune from a lawsuit by Texas claiming a federal policy of removing the fencing was illegal.
- U.S. District Judge Denise Cote barred expert witnesses from testifying that Johnson & Johnson spin-off Kenvue’s painkiller Tylenol can cause autism if mothers take it during pregnancy, finding that the experts failed to support their conclusions with scientific evidence. The ruling likely means the end of a consolidated mass tort litigation of about 500 lawsuits, unless plaintiffs get it reversed on appeal.
- Tesla asked a U.S. judge to pause the EEOC’s lawsuit accusing it of severe harassment of Black workers at its California assembly plant, saying two similar cases should play out first. Tesla said the agency rushed to file the September lawsuit as part of a “toxic interagency competition” with California’s Civil Rights Department, which made similar claims last year. The EEOC did not immediately respond to a request for comment.
- The U.S. government can keep confidential a draft of a study on cancer incidence at Marine Corps Base Camp Lejeune, winning an order that bars disclosures of the document to attorneys representing people allegedly harmed by tainted water on the base. The study is still in the peer review process and falls under protections for “predecisional” materials, a judge said.
- Shipbuilder General Dynamics and other major U.S. defense contractors asked a U.S. judge in Virginia to dismiss an antitrust lawsuit claiming they conspired to restrict employee mobility and suppress wages. The companies said there was no evidence of any conspiracy, and also that the claims are time-barred.
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- King & Spalding hired partner Stephanie Yarbrough, who advises on economic development deals, for its corporate, finance and investments group in D.C. and New York. She previously was at Womble Bond Dickinson. (King & Spalding)
- Simpson Thacher added fund finance partner Katie McMenamin in London. She arrives from Travers Smith. (Simpson Thacher)
- Nicole Kar, who was global head of the antitrust and foreign investment group at Linklaters, joined Paul Weiss as a partner in London. She will be co-chair of the firm’s antitrust practice and a member of its litigation department. (Paul Weiss)
- Venable brought on crisis management and disputes lawyer Desirée Moore as a partner in Chicago. Moore most recently was at K&L Gates. (Venable)
- Barnes & Thornburg added D.C.-based executive compensation partner Brittany McCants from Bass, Berry & Sims. (Barnes & Thornburg)
- Haynes and Boone picked up insurance recovery partner Peter Halprin in New York, from Pasich. (Haynes and Boone)
- Greenberg Traurig hired partner David Bintliff, who advises media, entertainment and technology clients in the Middle East. He joins the firm’s UAE office from Bird and Bird. (Greenberg Traurig)
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