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Conservative Justice Amy Coney Barrett in a March public appearance alongside liberal Justice Sonia Sotomayor said that one way to promote compromise on the U.S. Supreme Court is by issuing narrower rulings rather than sweeping ones. “Not everything has to be decided in an opinion,” Barrett said.
As our colleague Andrew Chung reports, Barrett applied that view on Monday in the court’s landmark ruling that former President Donald Trump has broad immunity from prosecution for official acts taken in office. She voted with her fellow conservatives, but refused to join them in part of the opinion she thought went too far. Barrett also indicated reservations about the breadth of rulings in two other Trump-related cases during this term.
The court’s divisions between the six conservative and three liberal justices are obvious. But there also are tensions within the conservative bloc even as it has succeeded in moving American law rightward since Trump appointed Barrett in 2020 to replace the late liberal icon Ruth Bader Ginsburg. Barrett’s arrival gave the conservatives a commanding 6-3 majority.
While Barrett typically votes with her fellow conservatives, she increasingly has asserted her preference for narrower rulings and critiqued their legal approaches, displaying a willingness to pursue a more moderate path.
University of Notre Dame Law School professor Sherif Girgis said it appears Barrett “thinks narrower rulings are better for the court’s standing with the public.”
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- Several major law firms have separately confirmed in the last week that they are closing offices in U.S. cities where they previously expanded, pulling back from markets that saw an influx of firms in recent years. Dechert said that it will close its office in Chicago, as well as locations in Beijing and Hong Kong, while Armstrong Teasdale said it is leaving Boston and Salt Lake City.
- The fate of $170 million in fees sought by lawyers at Grant & Eisenhofer and three other law firms who negotiated an antitrust settlement with Visa and Mastercard is up in the air, after a Brooklyn federal judge rejected the proposed deal last week in long-running litigation. Read more in the latest Legal Fee Tracker.
- A closely-watched lawsuit seeking to block bed manufacturer Tempur Sealy’s $4.3 billion acquisition of retail giant Mattress Firm will pit veteran antitrust defenders against an FTC team led by Allyson Maltas, a former longtime Latham attorney who joined the agency in January. Tempur Sealy has turned to Cleary Gottlieb, including partner Bruce Hoffman, and Mattress Firm is working with Simpson Thacher, whose team includes Sara Razi, co-leader of the firm’s antitrust and trade regulation group, court records show.
- President Joe Biden said he planned to nominate North Carolina Solicitor General Ryan Park to serve as a judge on the 4th Circuit over the objections of the state’s two Republican senators. If confirmed, Park would be the first Asian American to serve on the Richmond, Virginia-based appeals court.
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That’s about how much bankrupt electric car maker Fisker hopes to get per car in a deal it struck to sell 3,321 Ocean electric SUVs in its inventory to a vehicle-leasing company. Fisker asked U.S. Bankruptcy Judge Thomas Horan in Delaware for approval of the plan to sell the cars to New York-based American Lease for $46.25 million. Some variants of its Ocean SUV were priced at around $70,000. Through its descent into bankruptcy, Fisker cut prices of the cheapest version to about $25,000 to raise capital to meet debt obligations.
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If you are a fantasy sports betting aficionado, you are probably aware of Marketplace, a site where customers of the fantasy sports company DraftKings can buy or trade DraftKings-created digital trading cards of football players, UFC fighters and pro golfers. DraftKings customers can use those digital cards to assemble teams to compete for cash prizes throughout the sports season with teams assembled by other card owners. But according to a ruling on Tuesday, Marketplace isn’t just the digital-age equivalent of a baseball card shop. It’s (allegedly) an unlicensed securities exchange. Alison Frankel has the story.
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“It is clear from the statutory language that the term ‘sex’ refers to the traditional binary concept of biological sex.“
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–U.S. District Judge John Broomes in Topeka, in a ruling that blocked President Joe Biden’s administration from enforcing new anti-discrimination protections for LGBTQ students in four Republican-led states, saying it lacked authority to adopt such a regulation. The decision followed rulings by two other judges blocking the U.S. Department of Education in 10 other states from implementing its new rule that interprets Title IX’s bar against discrimination “on the basis of sex” as covering gender identity. A total of 26 Republican-led states have sued over the rule, which is set to take effect Aug. 1. Lawsuits by 12 other states challenging the rule remain pending.
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- U.S. District Judge Dabney Friedrich in D.C. wants the lawyers in a Jan. 6 case to give the court a schedule for “further proceedings” following a U.S. Supreme Court ruling that boosted a legal challenge to obstruction charges stemming from the assault on the Capitol. Our colleague Sarah N. Lynch looks at what the justices’ ruling could mean for Capitol riot cases.
- The Wisconsin Supreme Court is expected to release its opinion in voter advocacy group Priorities USA’s constitutional challenge to the state’s prohibition against ballot drop boxes for voters, a portion of a larger challenge to absentee voter provisions in the state. The court is considering whether to overturn its earlier holding that bans the ballot drop boxes.
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Court calendars are subject to last-minute docket changes.
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- U.S. District Judge Jesse Furman in Manhattan dismissed retired turnaround specialist Jay Alix’s lawsuit accusing the consulting firm McKinsey of concealing potential conflicts when seeking bankruptcy court permission to perform lucrative work on corporate restructurings. The judge said Alix lacked standing to pursue racketeering claims against McKinsey because AlixPartners, the turnaround advisory firm he founded and partially owns, did not assign him the right to pursue those claims on his own.
- The 7th Circuit ruled that Walmart must face a lawsuit claiming it often charges higher prices at the register than it posts on store shelves, costing consumers hundreds of millions of dollars a year. Reversing a lower court judge, the appeals court said in its decision that consumers could try to prove in their proposed class action that the conduct of the world’s largest retailer was a fraudulent “bait-and-switch” that violated several states’ consumer protection laws.
- The DOJ accused global lock maker Assa Abloy of violating the terms of a settlement that let the company complete a $4.3 billion acquisition of Spectrum Brands’ hardware and home improvement unit by failing to pay a court-appointed monitor, Hausfeld’s Melissa Coolidge. Assa Abloy stopped making payments in February for Coolidge’s work overseeing the settlement, for which she charges $920 an hour, the DOJ said.
- The 2nd Circuit set aside a $1.7 billion judgment after finding that a judge wrongly concluded bondholders had claims against Venezuela’s state-run oil company Petroleos de Venezuela. After sending questions to the New York Court of Appeals, the 2nd Circuit vacated the ruling and said U.S. District Judge Katherine Polk Failla should have applied Venezuelan law rather than New York law in assessing the bondholders’ claims.
- The state of Alaska has sued the federal government seeking to recover revenues it lost out on after President Joe Biden’s administration canceled oil and gas drilling leases in the federal Arctic National Wildlife Refuge. In the lawsuit, the state said the cancellation of leases issued during former President Donald Trump’s administration cost it hundreds of millions if not billions of dollars.
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- Weil brought on private funds partner Kristine Koren in New York from Mayer Brown. (Weil)
- DLA Piper hired Tanya Greene, who works on class actions and complex litigation, as a partner in Los Angeles. She most recently was at McGuireWoods. (DLA Piper)
- Holland & Hart picked up commercial litigation partners Melissa Kerin Reagan and Katie Varholak in Denver. They previously were at Sherman & Howard. (Holland & Hart)
- Spencer Fane hired Chelsea Hesla in Phoenix as a litigation and dispute resolution partner. She arrives from Tiffany & Bosco. (Spencer Fane)
- Snell & Wilmer hired IP partner Jason Gersting in Orange County. He most recently was at Knobbe Martens. (Snell & Wilmer)
- Littler added Toronto-based labor and employment partner Gerald Griffiths. Griffiths previously was at Sherrard Kuzz. (Littler)
- Buchalter added IP partner Robert Becker in San Francisco from Manatt. (Buchalter)
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