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Good morning. Jurors in Manhattan federal court are set to begin deliberating today on whether Donald Trump raped writer E. Jean Carroll more than two decades ago and defamed her by claiming she made up the story. Plus, Tom Hals looks at how dueling lawsuits from Disney and Florida Gov. Ron DeSantis might play out; a union sues to strike down the U.S. debt ceiling law; and the FDA’s abortion-pill case will be heard by a conservative three-judge 5th Circuit panel. On the docket today, California’s top court will take up employer liability for COVID-19.
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Jurors in Manhattan federal court are set to begin deliberating today on whether former President Donald Trump raped writer E. Jean Carroll (above) more than two decades ago and then defamed her by claiming she made up the story, report Jack Queen and Luc Cohen.
In closing arguments on Monday, Carroll’s attorney Roberta Kaplan pointed to testimony from two other women who claimed Trump had sexually assaulted them as well. “Three different women, decades apart, but one single pattern of behavior,” Kaplan said.
Meanwhile, Trump’s lawyer, Joe Tacopina, told jurors that the haziness of Carroll’s account made it impossible for Trump to defend himself. “With no date, no month, no year, you can’t present an alibi, you can’t call witnesses,” Tacopina said. “What they want is for you to hate him enough to ignore the facts.”
The former Elle magazine advice columnist is seeking unspecified monetary damages.
U.S. District Judge Lewis Kaplan kept the jurors anonymous over concerns they would be harassed by the former president’s supporters.
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- WilmerHale pushed back against an effort to bar the firm from defending JPMorgan in a lawsuit accusing the bank of helping to facilitate late financier Jeffrey Epstein’s abuse of women and girls. WilmerHale lawyers said in a court filing that the firm’s past work for an anti-sex trafficking organization that supported an alleged Epstein victim was “unrelated to and had nothing to do” with the case against JPMorgan, which was brought by a different Epstein accuser in Manhattan federal court. (Reuters)
- Cooley and its client United Cannabis Corp do not have to pay their opponent’s legal fees in a patent lawsuit over CBD extraction technology, a Federal Circuit panel ruled. The appeals court rejected claims by wellness company Pure Hemp Collective that Cooley and UCANN should be forced to cover its fees for allegedly ignoring a conflict of interest and omitting important information from a patent application. (Reuters)
- Real estate developer Jacob Frydman is pursuing a $1.1 billion legal malpractice lawsuit against New York law firm Herrick Feinstein, alleging that one of its partners lied to two federal judges to cover up one of his own mistakes. Lawyers for Frydman did not respond to a request for comment, and neither did a partner at the firm who was also named as a defendant. (Reuters)
- Conservative lawyer Sidney Powell and several other attorneys were hit with a complaint by a Michigan attorney regulations agency that accuses them of professional misconduct over their failed bid to challenge the 2020 U.S. presidential election. Michigan’s Attorney Grievance Commission said Powell and the other lawyers, including conservative attorney Lin Wood, brought a meritless suit. (Reuters)
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“If ever there was a case that demands the imposition of sanctions against counsel for litigating in bad faith, it is this.“
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—Subway Restaurants’ attorneys at Baker & McKenzie, who are asking for more than $600,000 in sanctions against the plaintiffs’ attorneys representing Nilima Amin, who sued claiming the company’s tuna sandwiches contain meat from other fish and animals. Amin is now requesting to dismiss her lawsuit without prejudice, saying she is pregnant and suffering from morning sickness that has made her unable to serve as a plaintiff. Subway wants Amin’s proposed class action dismissed and her seven lawyers to pay its legal bills, arguing Amin’s lawsuit did extensive damage to the company and cost them hundreds of thousands in legal fees. Amin’s lawyers, who include Mark Lanier of The Lanier Law Firm and Shalini Dogra of Dogra Law Group, did not immediately respond to requests for comment.
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- The California Supreme Court will take up a dispute over whether employers can be held liable under state law when their workers catch COVID-19 on the job and spread it to their relatives. The state justices in June granted a request by the 9th Circuit to consider a case brought by Corby Kuciemba, who says she became seriously ill with COVID-19 after her husband was exposed to the virus at his job with Victory Woodworks in San Francisco. Business groups have said allowing employers to be held liable for so-called “take-home” COVID infections will prompt lawsuits not only by workers’ family and friends but by anyone infected by that group’s circle of people.
- Suffolk County Superior Court Justice Kenneth Salinger in Massachusetts will hear oral arguments in a $636 million malpractice lawsuit against Proskauer. Former Proskauer client Robert Adelman in 2020 sued the firm over its work on a contract that was supposed to protect his interest in a multibillion-dollar hedge fund he had co-founded. Proskauer and its lawyers at Williams & Connolly have moved for summary judgment, arguing among other things that the contract as a whole protected Adelman’s economic interest in the hedge fund. Lawyers from Susman Godfrey represent Adelman.
- Former Coinbase Global product manager Ishan Wahi, who pleaded guilty in what U.S. prosecutors have called the first insider trading case involving cryptocurrency, will be sentenced in Manhattan federal court before U.S. District Judge Loretta Preska. Wahi pleaded guilty to two counts of conspiracy to commit wire fraud. Prosecutors said Wahi shared confidential information with his brother and a friend about forthcoming announcements of new digital assets that Coinbase would let users trade. The DOJ recommended 37 to 46 months in prison. Wahi’s defenders at Greenberg Traurig and Harris St. Laurent & Wechsler will argue for a prison term of no more than 10 months.
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Court calendars are subject to last-minute docket changes.
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- A union for U.S. government employees claimed in a new lawsuit that a law setting a $31.4 trillion debt ceiling is unconstitutional, as political leaders seek to avoid a historic default expected as soon as next month. The National Association of Government Employees, represented by Lichten & Liss-Riordan and other firms, said in the suit in Boston federal court that the debt limit law adopted in 1917 is invalid because it forces the president in the event of a default to cut spending already authorized by Congress. (Reuters)
- A group of abortion providers filed a lawsuit in Charlottesville, Virginia, federal court aiming to preserve access to the abortion pill mifepristone as anti-abortion opponents aim to ban it in a separate case. The lawsuit is similar to one filed in Spokane, Washington, by the Democratic attorneys general of 17 states and the District of Columbia in February. (Reuters)
- Media entrepreneur Byron Allen filed a second lawsuit against McDonald’s over the fast-food chain’s alleged refusal to advertise with Black-owned media. Allen, who said he would know if McDonald’s was honoring its pledge to boost its advertising spend with Black-owned media because his Allen Media Group represents more than 90% of those companies, is seeking $100 million plus punitive damages. (Reuters)
- U.S. District Judge Haywood Gilliam Jr. in Oakland, California, tossed out a lawsuit accusing Twitter of discriminating against workers with disabilities by requiring employees to report to the office and put in long hours working at high intensity. In a separate ruling, U.S. District Judge Jon Tigar dismissed a proposed class action accusing Twitter of targeting female employees for layoffs. Both judges gave the plaintiffs three weeks to file amended lawsuits further detailing their claims. (Reuters)
- Apple failed to convince the 11th Circuit that security startup Corellium infringed its copyrights by simulating its iOS operating system to help researchers find security flaws in Apple devices. The appellate court said Corellium lawfully recreated Apple’s system under the fair use doctrine, rejecting Apple’s arguments that the company simply repackaged iOS in a different format for profit. (Reuters)
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- BakerHostetler added eight attorneys in the firm’s Los Angeles office, including former Proskauer attorney Will Chuchawat, who will co-chair the mergers and acquisitions team, and JR Lanis, who was previously vice-chair of Polsinelli’s securities and corporate finance group. (Reuters)
- Barnes & Thornburg opened a new office in Nashville with five healthcare and capital markets partners from various rivals. Jay Knight, a securities and capital markets partner, will lead the new office. He joins the firm from Bass, Berry & Sims. (Reuters)
- DLA Piper hired New York-based partner Stacie Trott as co-chair of the firm’s New York real estate practice. She was previously at McDermott. (DLA Piper)
- McGuireWoods added two private equity partners: Richard Starling, who is based in Charlotte, arrives from Robinson Bradshaw, where he co-chaired the fund formation and investment management group, and Baltimore-based William Herrfeldt, who was previously at Venable. (McGuireWoods)
- Pryor Cashman added media and entertainment partner Benjamin Jaffe in New York, where he will co-chair the firm’s digital media practice. He was previously at Cowan DeBaets. (Pryor Cashman)
- Holland & Hart picked up environmental partners Jim Spaanstra, Doug Benevento, Lynn Kornfeld and Ann Prouty, who will work out of the firm’s Denver office. They were previously at Faegre Drinker.
- Morgan Lewis added healthcare partner Amy Magnano in the firm’s Seattle office from Bennett, Bigelow & Leedom. (Morgan Lewis)
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