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After the Arizona Supreme Court revived a law dating to 1864 that bans abortion in virtually all instances and imposes a penalty of up to 5 years in prison for anyone who performs one, could doctors face prosecution in the near future?
The Arizona justices wrote that after the ruling, “physicians are now on notice that all abortions, except those necessary to save a woman’s life, are illegal.” The state high court lifted the stay on enforcement of the 19th-century law but will only allow it to be enforced prospectively. It stayed enforcement of its decision for 14 days to allow the parties to raise any remaining issues at the trial-court level.
Arizona Attorney General Kris Mayes, a Democrat, in a statement stressed that she would not prosecute any doctor or woman under the “draconian law,” but local prosecutors could. One, Republican Yavapai County Attorney Dennis McGrane, had intervened in the litigation to defend the statute in order to enforce it.
Planned Parenthood Arizona, which performs abortions at its clinics in the state, said it would continue to provide those services “for a short period of time” under a 2022 state court order barring immediate enforcement of the 1864 law
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- Yale and Stanford have retained their shared perch atop U.S. News & World Report’s influential law school rankings. The University of Chicago Law School and the University of Pennsylvania Carey Law School also held on to their No. 3 and 4 positions from last year, in a rankings cycle that resulted in relatively few changes among the so-called T-14 schools but significant movement further down the list.
- A California man waging a defamation lawsuit against Elon Musk asked a judge to punish one of the billionaire entrepreneur’s go-to lawyers, Alex Spiro, who called the move an attempted “shakedown.” Spiro, a New York-based partner at Quinn Emanuel, engaged in the “unauthorized practice of law” by preparing legal filings for Musk and appearing for his deposition despite not being licensed in Texas and lacking the court’s permission, lawyers for plaintiff Benjamin Brody said in a Texas state court filing.
- Former Dentons U.S. CEO Mike McNamara is leaving the global law firm after more than two decades to join legal industry advisory firm Baretz+Brunelle. McNamara, who stepped down from his leadership role at Dentons in July 2021 but remained a partner, will be Baretz+Brunelle’s first CEO. He will remain a senior adviser to Dentons, where he helped oversee significant U.S. expansion.
- Two conservative operatives who launched a robocall campaign designed to prevent Black New Yorkers from voting by mail in the 2020 U.S. election will pay $1.25 million in a settlement, New York Attorney General Letitia James said. Jacob Wohl and Jack Burkman were found liable by a federal judge in New York in March 2023 for targeting Black voters and sending false and threatening messages intended to discourage voting.
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That is how much railroad operator Norfolk Southern agreed to pay to settle a class action over a February 2023 East Palestine, Ohio, train derailment that spilled toxic chemicals. The agreement, which is subject to court approval, would cover claims from residents and businesses in the city and impacted surrounding communities. The train caught fire and released more than a million gallons of hazardous materials and pollutants, sparking concerns about U.S. rail safety. Jayne Conroy of Simmons Hanly Conroy, a lead attorney representing the class, said the proposed settlement is “much larger than any derailment settlement in the United States.”
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An association of Uber riders has filed a lawsuit in Nevada state court to enjoin an Uber-backed ballot initiative that would limit all lawyers’ contingency fees to 20% of their clients’ recovery, by far the lowest cap in the country. The group challenging the proposal, Uber Sexual Assault Survivors for Legal Accountability, contends that Uber is pushing the ballot initiative to make it harder for sexual assault victims to find lawyers willing to take their cases. But those are not the only prospective plaintiffs who would be affected by the “draconian” fee cap, which would limit access to the courts for a broad array of people. Alison Frankel digs into the new complaint’s arguments.
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“Future generations are likely to bear an increasingly severe burden of the consequences of present failures and omissions to combat climate change.“
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—European Court of Human Rights President Siofra O’Leary in a ruling that will set a precedent for future climate lawsuits, which held that the Swiss government violated the human rights of its citizens by failing to do enough to combat climate change. The ruling from Europe’s top human rights court, in favor of the more than 2,000 Swiss women who brought the case, is expected to resonate in court decisions across Europe and beyond, and to embolden more communities to bring climate cases against governments.
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- Former Trump Organization Chief Financial Officer Allen Weisselberg is set to be sentenced after pleading guilty in March to misleading New York investigators about financial statements that overstated the size of Donald Trump’s penthouse. Judge Laurie Peterson at a previous hearing said she would sentence Weisselberg to five months in jail.
- The Judicial Conference’s Advisory Committee on Appellate Rules is slated to meet and potentially vote on whether to require greater disclosure from outside groups that file friend-of-the-court briefs in cases. The judiciary was pushed to consider its own rules governing amicus briefs after legislators considered a bill that would have dictated new disclosure requirements on funding from amicus brief filers.
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Court calendars are subject to last-minute docket changes.
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- NLRB General Counsel Jennifer Abruzzo struck a defiant tone in responding to a growing number of challenges to the agency’s structure by what she called “deep-pocketed, low-road employers” who are trying to distract from their violations of workers’ labor rights. Abruzzo, a Biden appointee, made the comments during a virtual panel discussion hosted by left-leaning think tank the Roosevelt Institute about the potential impact of claims that the NLRB’s in-house enforcement proceedings are illegal.
- Amazon asked a Seattle federal court to dismiss a lawsuit claiming its cloud-computing unit AWS stamped out a startup that worked with “Fortnite” maker Epic Games and other customers to provide fast internet connections. Amazon said in a filing that Subspace Omega’s lawsuit should be dismissed for a number of reasons, including its failure to show AWS had any requirement to provide free network connections to it in locations around the globe.
- Four European and American fragrance makers asked a U.S. judge to dismiss lawsuits accusing them of conspiring to artificially inflate the prices of ingredients that are used to make cosmetics, cleaners and other household products. The companies — Switzerland-based Givaudan and Firmenich, which is merging with Dutch chemicals group DSM; U.S.-based International Flavors & Fragrances and Germany’s Symrise — in a filing said the “threadbare” lawsuits filed last year in New Jersey failed to show they agreed to fix prices.
- The D.C. Circuit upheld the EPA’s decision to grant California a waiver to set its own tailpipe emissions limits and electric-vehicle requirements. A court panel rejected a legal challenge from 17 Republican-led states and entities that sell or produce liquid fuels. The EPA in March 2022 under President Joe Biden restored California’s ability to set its own zero-emission vehicle sales mandate and tailpipe emissions limits through 2025, reversing a 2019 decision by then-President Donald Trump.
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- Hogan Lovells added a trio of partners from Baker Botts in D.C. and San Francisco. Lily Chinn and Anne Carpenter join the firm’s environmental and natural resources practice and Nadira Clarke expands the firm’s investigations, white collar and fraud group. (Hogan Lovells)
- Proskauer added partner Christiana Lazo to its private client services practice in New York. She most recently was at Kirkland. (Proskauer)
- Kirkland brought on real estate partner Victoria Shusterman in New York from Gibson Dunn. (Kirkland)
- Hughes Hubbard hired D.C.-based partner Gaela Gehring Flores as co-chair of its international arbitration group. She previously was at Allen & Overy. (Hughes Hubbard)
- ArentFox Schiff added partners Paul Marshall Harris, Sara Decatur Judge, Gregory Paonessa and Kelly Kirby Ballentine to its automotive practice. The group, which is based in Boston, was previously at Burns & Levinson. (ArentFox Schiff)
- Venable picked up product liability and mass torts partners Derek Smith, Jeremy Goldkind and Joo Cha Webb from Steptoe. Smith and Goldkind are based in Chicago while Webb is based in Los Angeles. (Venable)
- Polsinelli added real estate partners Genniveve Ramsey in Kansas City and Charlie Smith in Denver. Ramsey most recently was chief legal officer at Bridge33 Capital, while Smith arrives from Brownstein Hyatt. (Polsinelli)
- Nixon Peabody brought on Jason Hirsch as a partner in San Francisco to lead a new AI, digital platforms and emerging technologies team. Hirsch previously was at Meta, where he led a policy team related to AI-driven ranking and distribution of content. (Nixon Peabody)
- Akin hired financial restructuring partner Avi Luft in New York from Paul Hastings. (Akin)
- Latham brought on partner Daniel Sinaiko in Century City to its project development and finance practice. Sinaiko previously was at Allen & Overy. (Latham)
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Today’s insurance professionals and legal practitioners know that the insurance market can be unpredictable and volatile. With external factors such as natural disasters, war, cyberattacks, and economic uncertainties, insurance professionals can find reprieve in increased certainty from the courts, write Fielding Huseth, Harry “Harley” E. Payne III and Kelsey Rector of Moore & Van Allen. Insurers should take note of a recent New Jersey Superior Court decision that supports a narrowing of the agency relationship between insurers and independent insurance agents and brokers.
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