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Good morning. Here’s what you need to know today: The number of claims filed with the U.S. Navy by people who say they were harmed by contaminated water at Marine Corps Base Camp Lejeune has crossed 500,000, cementing it among the largest injury cases of all time. Plus, Elon Musk and X have dodged a lawsuit over their ban on remote work; a Morrison Foerster partner has been picked to oversee the FDIC’s cultural overhaul; and MIT revealed the impact that it says the U.S. Supreme Court’s ban on affirmative action had on its incoming class. Let’s get to it.
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People who say they were harmed by contaminated water at Marine Corps Base Camp Lejeune have submitted 546,500 claims for compensation to the U.S. Navy, putting it squarely among the largest injury cases of all time, reports Diana Novak Jones.
That number may still fluctuate up or down by a few thousand. The U.S. Navy is reviewing additional claims received up to the Aug. 10 deadline and removing claims that are found to be duplicates. But the number of administrative claims filed with the U.S. Navy – a step claimants must have taken by the Aug. 10 deadline to receive compensation for injuries they attribute to the water – surpasses the nearly 400,000 lawsuits filed over 3M Co’s military-issue earplugs, which is regarded as the largest multidistrict litigation in history.
The U.S. Department of Health and Human Services has acknowledged that between 1953 and 1987 chemicals in the water on the base may have affected a million people, leading to diseases like kidney cancer, leukemia and bladder cancer.
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- There’s no topping Yale Law School’s faculty when it comes to racking up law journal citations. Yale again locked up the No. 1 spot on University of St. Thomas law professor Gregory Sisk’s closely watched triennial ranking of law schools’ “scholarly impact” — a position the school has held for more than a decade.
- Kansas City-founded law firm Lathrop GPM will absorb Silicon Valley-based Hopkins Carley into one firm operating under the Lathrop GPM name. Lathrop GPM will gain two Northern California offices and 62 lawyers from Hopkins Carley, creating a firm with 360 attorneys and annual revenue of about $250 million.
- The EPA must hand over records associated with companies’ applications to make new chemicals, a federal judge has ruled, a victory for environmental groups that sued the agency for allegedly failing to make those records public as required by law.
- Carrie Cohen, a Morrison Foerster partner and former federal prosecutor with experience overseeing efforts to address systemic sexual harassment, was picked to monitor the FDIC’s progress after a sexual harassment scandal that forced the resignation of its chair, Martin Gruenberg, earlier this year.
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That’s the percentage of MIT’s incoming freshman class that are Black, Hispanic, Native American or Pacific Islander, compared with 31% in previous years, the school said. MIT administrators said the statistics are the result of the U.S. Supreme Court’s decision last year to ban affirmative action, a practice that many selective U.S. colleges and universities used for decades to boost enrollment of underrepresented minority groups.
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Every time the U.S. Supreme Court agrees to review a ruling in a securities class action case, defendants assert that the issues transcend their case and should be of concern to other businesses. So with the justices scheduled to hear two cases involving pleading standards for shareholder fraud complaints — one against Facebook and the other against Nvidia — Alison Frankel took a look at amicus filings by pro-business groups in the two dockets.
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- The criminal fraud trial against legendary plaintiffs’ attorney Tom Girardi is continuing in a Los Angeles federal courtroom. Prosecutors have charged Girardi, 85, with four counts of wire fraud for allegedly embezzling $15 million from clients over a decade. Attorneys for Girardi, who has been disbarred, have argued he has suffered from cognitive decline and blame the alleged fraud on Christopher Kamon, the former chief financial officer of their law firm Girardi Keese.
- The 11th Circuit is holding a special session for oral arguments in an appeal brought by an Alabama death row inmate. Jeffrey Day Rieber, who was convicted in the 1999 murder of a convenience store clerk, was sentenced to death after the judge overseeing his trial overrode the jury’s recommendation that he receive a life sentence. Since then, a 2017 Alabama law has barred judges from such overrides.
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Court calendars are subject to last-minute docket changes.
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- IBM is accused in a new lawsuit of forcing out a high-performing white consultant in order to further the company’s goals of building a more diverse workforce. The lawsuit is the latest from America First Legal, a conservative group founded by ex-Trump administration officials, to claim that corporate diversity policies violate federal anti-discrimination laws.
- Sony Music, Warner Music Group and Universal Music Group have asked the U.S. Supreme Court to review an appellate decision that wiped out a $1 billion jury verdict for them against Cox Communications. Although it struck down the verdict, the appeals court upheld the jury’s finding that Cox was liable for user infringement on other grounds, which Cox has challenged in a separate Supreme Court petition.
- U.S. District Judge Rossie Alston in Alexandria, Virginia, tossed out a proposed class action accusing newspaper publisher Gannett of adopting diversity policies that had led to widespread discrimination against white employees. Alston said the 2023 lawsuit was “vague and conclusory” but gave the plaintiffs 30 days to amend their complaint.
- The 3rd Circuit rejected a federal inmate’s lawsuit against prison officials after a guard allegedly sexually assaulted him. The court said the U.S. Supreme Court has recently reeled in its precedent in its 1971 Bivens decision, which allowed people to sue federal officials individually for damages when their constitutional rights are violated.
- Vans has agreed to settle its lawsuit against art collective MSCHF over its distorted parody versions of Vans’ shoes. The parties told the court that MSCHF will permanently stop selling its “Wavy Baby” shoes and using Vans’ trademarks based on the terms of a confidential settlement agreement.
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- Holland & Knight hired Ibrahim Barakat as a partner in its corporate, M&A and securities practice group in Miami. Barakat was previously with McDermott Will & Emery. (Holland & Knight)
- Paul Weiss added partner David Holdsworth to its private equity group, based in London. Holdsworth was previously partner and general counsel at TDR Capital. (Paul Weiss)
- Willkie Farr & Gallagher added five capital markets and M&A partners in Chicago. Edward Best, Jennifer Carlson, John Ablan, Esther Chang and Susan Rabinowitz were all previously at Mayer Brown. (Willkie)
- Daniel Schleifstein jumped to Hinshaw & Culbertson as partner in the consumer financial services group. Schleifstein, who is based in New Jersey, was previously with Parker Ibrahim & Berg. (Hinshaw)
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