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REUTERS/Chris Aluka Berry
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The U.S. Supreme Court’s ruling yesterday left the abortion drug mifepristone on the market for now, but Justice Clarence Thomas’ concurring opinion in the case may point to a future issue before the court, writes Nate Raymond.
Thomas’ concurring opinion in the case said the majority ruling correctly found a group of anti-abortion medical associations and several doctors suing over the drug had not established that the FDA’s actions had harmed them, which is necessary to be able to bring a case in court.
Thomas questioned a 47-year-old court precedent that has allowed advocacy groups, trade associations and other organizations to routinely bring challenges in court to government policies on behalf of their members. It’s a long-recognized legal doctrine relied upon by associations ranging from the U.S. Chamber of Commerce to environmental groups and gun rights advocacy organizations.
Thomas said that doctrine “seems to run roughshod” over the traditional requirement under Article III of the U.S. Constitution that plaintiffs must show a violation of their own rights to have a claim considered in court.
Plus, read why the fight over mifepristone isn’t likely to end with the court’s ruling.
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- The U.S. Senate has passed a bill, the bipartisan Countering Threats and Attacks on Our Judges Act, that would create a new resource center to provide threat monitoring and training for judges and personnel in state and local courts in response to a rising number of threats to the judiciary.
- More than a quarter of the 197 law schools accredited by the American Bar Association now accept JD-Next, after the ABA granted five more law schools permission to use the alternative admissions program. Fordham University School of Law; the University of Illinois College of Law; DePaul University College of Law; the University of Arkansas at Little Rock William H. Bowen School of Law; and the University of St. Thomas School of Law are the latest to adopt the alternative program that allows applicants to bypass the LSAT or GRE.
- German prosecutors and defense lawyers for a former Freshfields partner are appealing the court sentence he received for his alleged role in a giant task fraud case, prosecutors told Reuters, potentially delaying any possible jail time. Ulf Johannemann, a former global tax head at Freshfields, was sentenced by a Frankfurt court in January to three and a half years in jail. It was a high-profile case in a sprawling fraud that has ensnared scores of banks and hundreds of individuals.
- Supreme Court Justice Clarence Thomas took at least three additional trips funded by billionaire benefactor Harlan Crow that the conservative justice failed to disclose, the Democratic chair of the Senate Judiciary Committee said. Crow reached an agreement to provide information requested by the committee dating back seven years in exchange for the committee ending its investigation of him, Crow spokesperson Michael Zona said. A Supreme Court spokesperson did not immediately respond to a request for comment.
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That’s how many new judges would be added to understaffed federal district courts in states like California, Delaware and Texas if a bipartisan bill advanced by a U.S. Senate panel becomes law as written. The bill, which would be the first major expansion of the judiciary in over three decades, won the unanimous support of the U.S. Senate Judiciary Committee and will move on to the full Senate.
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“PhxPD officers shot and killed people at one of the highest rates in the country.“
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–The DOJ’s civil rights division in an investigative report that took aim at the Phoenix Police Department, accusing its officers of systemically violating peoples’ civil rights and using excessive and at times “unjustified deadly force” against city residents. The agency said it has reasonable cause to believe that police in Phoenix routinely discriminate against Black, Hispanic and Native Americans, and unlawfully detain homeless people and dispose of their belongings, among other findings. Phoenix city attorney Julie Kriegh said in a letter to the DOJ that the city and its police department today are “materially different than the department” that was investigated.
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- The U.S. Supreme Court is expected to release more opinions this morning. A number of high profile cases remain outstanding, including one dealing with former President Donald Trump’s immunity against prosecution in the Jan. 6 criminal case and another pitting Idaho’s strict Republican-backed abortion ban against a 1986 federal law that ensures that patients can receive emergency care.
- A bankruptcy judge in Texas is holding a hearing in conspiracy theorist Alex Jones’ case after families of those killed in the 2012 Sandy Hook Elementary School shooting asked the judge to make clear that Jones’ “@RealAlexJones” account on X.com, formerly known as Twitter, will be among the assets turned over to a bankruptcy trustee in charge of liquidating Jones’ assets. Jones has given up on trying to reach a bankruptcy deal that would reduce the $1.5 billion that he owes to the relatives of the 20 students and six staff members killed, and now Jones and the Sandy Hook families agree that Jones’ assets should be liquidated in bankruptcy.
- U.S. District Judge Richard Boulware in Las Vegas will take up Ultimate Fighting Championship’s proposed agreement to pay $335 million to settle class actions claiming it artificially suppressed wages of martial arts fighters. The lawsuits alleged UFC abused its market power to acquire or block rival promoters and used exclusive contracts to keep fighters within the UFC. The organization has denied suppressing wages.
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Court calendars are subject to last-minute docket changes.
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- Facial recognition company Clearview AI agreed to resolve claims that it violated the privacy rights of millions of Americans, reaching an unusual class action settlement based on a theoretical stake in the company’s future value. The proposed agreement does not include a specific monetary payout, though lawyers for the plaintiffs estimated that it could be worth at least $50 million, including up to about $20 million in anticipated attorney fees.
- Teva Pharmaceuticals sued rival drugmaker Corcept Therapeutics, accusing it of monopolizing the market for Korlym, used to treat a rare hormonal disorder called Cushing’s syndrome. The lawsuit said Corcept and specialty pharmacy Optime Care, the sole distributor of Korlym, orchestrated “a multifaceted scheme to prolong Corcept’s monopoly by stifling competition from Teva at every turn.”
- The nation’s largest oil trade group, which includes Exxon Mobil and Chevron, filed a federal lawsuit seeking to block the Biden administration’s efforts to reduce planet-warming emissions from cars and light trucks and encourage electric vehicle manufacturing. The lawsuit from the American Petroleum Institute says the EPA has exceeded its congressional authority with a regulation that will eliminate most new gas cars and traditional hybrids from the U.S. market in less than a decade.
- Bacardi convinced the 4th Circuit to revive the liquor giant’s lawsuit against the U.S. Patent and Trademark Office in its long-running dispute with the Cuban government over “Havana Club” rum. The court determined that Bacardi can challenge in federal court the USPTO’s decision to renew Cuba’s “Havana Club” trademark 10 years after Bacardi said it should have expired.
- Lawyers for a class of more than 300,000 home loan borrowers asked a California federal judge to approve a settlement to resolve “hidden junk fee” claims against lending giant Ocwen. The non-traditional settlement agreement does not include a common fund. Instead, class members will be paid based on the size of their individual claims, up to $54 million for the entire class.
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- Sidley brought on Shane Goudey in Palo Alto from Cooley to lead a venture capital fund formation practice. (Sidley)
- Manatt brought on financial services partner Mike Katz in New York to expand its blockchain work. He most recently was head of legal at Digital Currency Group. (Manatt)
- Spencer Fane added a group of litigators in Houston, including partners Ray Neuer, Joe Garnett and Ed Perkins from Pappas Grubbs Price. (Spencer Fane)
- McGlinchey Stafford hired partner Shanlon Wu, who focuses on white collar and student defense, in D.C. Wu most recently was at Cohen Seglias. (McGlinchey Stafford)
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A slew of new state and federal cybersecurity regulations have been enacted to further protect shareholders and consumers in the past 16 months. These new regulations are driving up the costs and reputational risk of each new cyber attack. Stephanie Gee, Courtney C.T. Horrigan and Evan Knott of Reed Smith explore cyber insurance market trends in the current regulatory landscape to help companies ensure they are adequately covered for cyber incident regulatory risks.
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