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Nearly two years after the U.S. Supreme Court overturned its landmark 1973 ruling in Roe v. Wade, litigation over abortion has exploded, reports Brendan Pierson.
Supreme Court Justice Samuel Alito wrote in the opinion that it was time to take the abortion issue out of the hands of the court and return it “to the people’s elected representatives,” but rather than limit court battles, there are a dizzying number of state court cases challenging various aspects of abortion bans or restrictions imposed by more than 20 Republican-led states.
In the wake of Roe’s reversal, there are lawsuits challenging abortion bans, lawsuits over access to abortion pill mifepristone, lawsuits over abortion exceptions for medical emergencies, fights over the legality of interstate travel for abortions and more.
Click here to see the states where each type of litigation is ongoing.
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- Dallas-based law firm McKool Smith, known for taking on high-stakes patent cases and other litigation, said it will pay its associates and other lawyers mid-year bonuses up to $30,000. Bonuses for McKool Smith principals, associates and senior counsel will range from $2,500 to $30,000 depending on their pace of billing, David Sochia, the 130-litigator firm’s managing principal and chairman, said in an internal memo.
- New York prosecutors say they are open to a partial lifting of a judge’s gag order now that Republican presidential candidate Donald Trump has been convicted on criminal charges stemming from an effort to influence the 2016 election by buying a porn star’s silence. Prosecutors in Manhattan District Attorney Alvin Bragg’s office said that they supported allowing Trump to speak publicly about witnesses in the case. Trump is set to debate President Joe Biden on June 27.
- The DOJ plans to focus an upcoming lawsuit against TikTok on allegations that the popular social media platform violated the privacy rights of children, rather than claims it misled adult users about its data privacy practices, according to a source familiar with the matter. The FTC investigated the potential violations by TikTok and its parent company ByteDance and referred the case to the DOJ last week.
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That’s the upper limit of how much debt a small business could have to access a more streamlined and less-costly alternative to a traditional Chapter 11 bankruptcy filing – until Friday. Subchapter V, a popular program that expanded eligibility for small business bankruptcies in the U.S., expired on June 21, lowering the threshold for eligibility down to $2.7 million. Bankruptcy experts have said they think that Congress will eventually bring back the $7.5 million threshold, but our colleague Dietrich Knauth writes that businesses on the cusp of eligibility could find themselves in trouble if Congress’s inability to pass legislation during an election year causes a long-term reversion to the lower debt limit.
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The first of more than a dozen personal injury lawsuits alleging video game makers intentionally designed products that have turned a generation of kids into “gaming addicts” has been voluntarily dismissed. But its (rather ignominious) end didn’t test the litigation’s central product liability theories. Rather, Jenna Greene writes in her latest column, it looked more like an unforced error– one seized on by defense counsel for Epic Games from Hueston Hennigan, who discovered the plaintiff’s video game “addict” grandchild hadn’t played the company’s Fortnite game in months.
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“These precedents were not meant to suggest a law trapped in amber.“
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—Chief U.S. Supreme Court Justice John Roberts, who in the court’s majority ruling upholding a federal domestic violence gun ban wrote that some courts have interpreted the Supreme Court’s 2022 landmark ruling expanding gun rights too stringently. The 5th Circuit had concluded that the federal law barring people with domestic violence restraining orders from obtaining guns failed the Supreme Court’s test set in Bruen in 2022 that required gun laws to be “consistent with the nation’s historical tradition of firearm regulation” to comply with the Second Amendment. But Roberts said the Bruen standard was just that the laws be “relevantly similar” to regulations that existed historically.
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- Today, two attorneys must appear before a federal judge in Alabama to show cause why they should not be sanctioned for engaging in impermissible judge-shopping to steer litigation challenging the Republican-led state’s ban on gender-affirming medical care for transgender youth away from a conservative judge. The hearings are before U.S. District Judge Liles Burke, an appointee of former President Donald Trump in Montgomery. The attorneys appearing today, Michael Shortnacy, who was at King & Spalding and is now with Shook, Hardy & Bacon; and Kathleen Hartnett of Cooley LLP, are among 11 attorneys handling LGBTQ rights cases that were flagged for judge-shopping in a report authored by a three-judge panel.
- Also today, a former Chicago politician known for being the longest-serving alderperson in the city’s history is slated to be sentenced after he was convicted at a racketeering trial in December. Ed Burke was accused by prosecutors of abusing his position on the Chicago City Council to steer property tax appeals work to his private law firm, Klafter & Burke. Prosecutors alleged Burke pressured developers to hire his law firm for their property tax appeals by withholding his approval for permits unless they became clients.
- On Tuesday, U.S. District Judge Aileen Cannon will consider a request by former President Donald Trump to bar prosecutors from using evidence seized during a search of his Florida estate and gathered from his former attorney in the criminal case accusing him of illegally retaining classified documents.
- On Wednesday, a federal judge will consider whether to block Mississippi from enforcing a new law that requires social media companies including Meta Platform’s Instagram and ByteDance’s TikTok to obtain parental consent before allowing children to use their platforms. The case is one of several that the tech industry trade group NetChoice has filed nationally challenging laws enacted by states in response to concerns about social media addiction in children.
- On Thursday, a Massachusetts man is expected to plead guilty to securities fraud for artificially inflating the stock price of Getty Images Holdings, including through a bogus $4 billion takeover bid for the visual media company. The DOJ said Scott Murray, the manager of Trillium Capital, owned about 300,000 Getty shares in April 2023 when he began a purported activist campaign for Getty to sell itself or add him to its board of directors. Then Trillium Capital issued a press release announcing a non-binding proposal to buy Getty for $10 per share, nearly twice its prior $5.06 close. Prosecutors called the release “materially false and misleading in that Murray had no intention of acquiring Getty and no ability to do so,” and said Murray issued it so he and a friend could sell their shares at higher prices.
- On Friday, closing arguments are expected in a lawsuit by Massachusetts’ attorney general against Uber and Lyft challenging their classification of drivers as independent contractors instead of employees entitled to sick time and other benefits. The non-jury trial began last month. The state has said the companies’ algorithms, pricing policies and operating standards give them a level of control over their drivers that belie any claim that they work independently, while lawyers for the companies argue the state misunderstands their businesses.
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Court calendars are subject to last-minute docket changes.
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- A patient may be able to pursue a claim against a drug or medical device maker for failing to warn of a product’s risks even if the warning would not have stopped the patient’s doctor from recommending it, California’s highest court has ruled. The California Supreme Court, in a unanimous opinion by Justice Joshua Groban, revived a lawsuit against Somatics, the maker of an electroshock therapy device, by a woman who said she suffered brain damage after it was used to treat her severe depression.
- Under Armour said it has agreed to pay $434 million to settle a 2017 class action lawsuit accusing the sports apparel maker of defrauding shareholders about its revenue growth in order to meet Wall Street forecasts. The proposed settlement, subject to court approval, averts a scheduled July 15 trial in Baltimore federal court.
- The U.S. Supreme Court rejected a settlement between three states resolving a decade-long dispute over how to divvy up water from the Rio Grande River, finding it failed to account for the federal government’s interests. The court in a 5-4 ruling held that a consent decree that would allocate the Rio Grande’s waters between Texas, New Mexico, and Colorado would wrongly dispose of claims raised by the federal government without its consent.
- A New Mexico judge denied the prosecution’s request that convicted “Rust” armorer Hannah Gutierrez be given immunity to testify at the July trial of Alec Baldwin for the 2021 fatal shooting of cinematographer Halyna Hutchins. Prosecutor Kari Morrissey said during a hearing that she still might call Gutierrez to the stand, though the judge said it was clear from preliminary interviews and her lawyer’s arguments that Gutierrez would not answer questions on the stand, with or without immunity.
- The U.S. Supreme Court said the constitutional rights of U.S. citizens are not violated when the government bars their non-citizen spouses from entering the country without explanation. The court in a 6-3 decision said Sandra Munoz, a U.S. citizen and civil rights lawyer, cannot challenge the U.S. Department of State’s denial of her El Salvadoran husband’s visa application after the agency waited three years to explain that it suspected him of being a gang member.
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With more electric scooters on public roadways creating more and more risk of injury, how does insurance come into play? The short answer is that there is no clear answer, write Erin Mindoro Ezra, David Ezra and Walker Macon of Berger Kahn. Judiciaries around the country have yet to decisively weigh in on insurance coverage for motorized scooters.
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