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A first-of-its-kind case is highlighting ongoing problems with how hospitals and medical providers interpret state laws on abortion, our colleague Brendan Pierson reports.
Two women are asking the U.S. Department of Health and Human Services to investigate Texas hospitals for denying them abortions for dangerous ectopic pregnancies, their lawyers said. The complaints accuse Ascension Seton Williamson Hospital in Round Rock and Texas Health Arlington Memorial Hospital in Arlington of violating a federal law, known as EMTALA, requiring hospitals to treat emergency medical conditions.
Texas bans abortion in nearly all cases, but allows it in the case of ectopic pregnancy, which can cause fallopian tubes to rupture. In the complaints, both women allege they lost one of their fallopian tubes. The hospitals did not immediately respond to requests for comment.
Texas’ abortion ban exception for other emergency medical conditions beyond ectopic pregnancy is less clear. The state’s highest court in June refused to clarify the exception in response to a lawsuit by patients and doctors.
And the potential conflict between abortion bans like Texas’ and EMTALA remains unresolved. In June, the Supreme Court upheld a lower court ruling that EMTALA overrides Idaho’s near-total ban, but litigation over the issue is expected to continue.
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- SpaceX’s challenge to the structure of the NLRB will remain in Texas federal court for now, after the 5th Circuit overturned a decision that would have transferred the rocket maker’s lawsuit to California.
- Three groups have objected to a $2.7 billion settlement with the NCAA that would allow schools for the first time to directly pay student athletes. One group of opponents represented by MoloLamken said the deal treats women athletes unfairly, while two other groups represented by Berger Montague, Freedman Normand Friedland and Korein Tillery said it would allow the NCAA to escape other antitrust claims.
- U.S. authorities have told Carson Block that they have ended their civil and criminal investigations into the short seller’s activities without taking any action, according to two sources. Block’s company Muddy Waters Research received a search warrant and subpoenas in 2021 as part of a government probe into potential coordinated market manipulation by activist short sellers and hedge funds.
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That’s how much applications to Vice President Kamala Harris’ law school alma mater, the University of California College of the Law, San Francisco, increased after President Biden chose Harris as his 2020 running mate and the pair were elected to the nation’s two highest offices. The school, which rebranded from the University of California Hastings College of the Law in 2023 and from which Harris graduated in 1989—attributed much of that 2021 gain to Harris’ new national profile. Law dean David Faigman told our colleague Karen Sloan he expected the school’s connection to Harris, now a presidential candidate, would provide “a greater bump going forward” to the school’s reputation.
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If there was any doubt about the potential breadth of the U.S. Supreme Court’s latest decision curtailing proceedings before administrative law judges, it was resolved on Friday by Comcast: The communications behemoth sued the U.S. Department of Labor, seeking an injunction to shut down an administrative proceeding launched by two former Comcast executives who claim they were effectively fired after blowing the whistle on alleged deficiencies in the company’s securities filings. Comcast contends in the new lawsuit that the Labor Department proceeding is a violation of its Seventh Amendment right under 2024’s SEC v. Jarkesy to a jury trial. The new suit, writes Alison Frankel, appears to be the first example of an agency target using Jarkesy to go on offense.
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- Former Republican Congressman George Santos faces a second arraignment in his criminal fraud case after prosecutors hit him with additional charges in October. Santos, who was expelled from the U.S. House of Representatives in December, is accused of laundering campaign funds to pay for his personal expenses, charging donors’ credit cards without their consent, and receiving unemployment benefits while he was employed, among other accusations. He pleaded not guilty to the initial indictment.
- A Massachusetts man is expected to plead guilty after being charged with threatening to kill members of the Jewish community and bomb a synagogue in what authorities called a “disturbing” example of rising antisemitism nationally after the Israel-Hamas war began. Federal prosecutors in Boston in January charged John Reardon after they said he left a voicemail with the Congregation Agudas Achim, a synagogue in Attleboro, Massachusetts, threatening to bomb places of worship and kill children.
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Court calendars are subject to last-minute docket changes.
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- Founders First Community Development Corporation, a nonprofit grant program for Texas small businesses, has agreed not to consider applicants’ race after a judge ruled in a lawsuit by affirmative action foe Edward Blum that it had likely discriminated against white men. U.S. District Judge Reed O’Connor in late July temporarily blocked Founders First from administering a $50,000 grant program designed to aid small businesses in creating new jobs.
- U.S. District Judge Rita Lin in San Francisco has dismissed a lawsuit accusing Google of unlawfully dominating web search on smartphones, but said the consumers should get another chance after a Washington, D.C., court separately ruled the tech giant spent billions to create an illegal monopoly.
- The SEC sued the cryptocurrency company NovaTech and its married co-founders, saying they fraudulently raised over $650 million from more than 200,000 investors worldwide. The lawsuit in Miami federal court came two months after New York Attorney General Letitia James sued NovaTech and Cynthia and Eddy Petion in a state court in Manhattan, estimating their fraud at more than $1 billion.
- Novartis failed to convince a Delaware federal court to block generic drugmaker MSN Pharmaceuticals from launching its own version of Novartis’ blockbuster heart-failure drug Entresto. U.S. District Judge Richard Andrews ruled that Novartis’ chance of winning its lawsuit was low but temporarily ordered MSN not to sell the drug while Novartis appeals.
- Video game developer and distributor Valve has been hit with a consumer class action accusing it of barring publishers in its Steam online store from discounting their prices elsewhere, causing consumers to pay more for games.
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- Haynes and Boone picked up partner Victor Vital for its trials practice group. Vital, who will be global chair of the group, is based in Dallas and was previously with Barnes & Thornburg. (Haynes and Boone)
- Gibson Dunn added partner Elizabeth “Liz” Ryan in Dallas. Ryan, who was previously at Weil Gotshal & Manges, will work in the litigation and trials practice groups. (Gibson Dunn)
- Hinshaw & Culbertson hired Celia Moutes-Lee and Kayla Berlin as partners in the insurance industry group in Los Angeles. They were previously with Lewis Brisbois. (Hinshaw)
- Thompson Coburn hired Kimberly Bousquet as a partner in the firm’s business litigation practice group in St. Louis. Bousquet was previously with Davis Wright Tremaine. (Thompson Coburn)
- Joseph Halloum joined King & Spalding as a partner in its corporate practice group. Halloum, who was previously with Freshfields, will work from King & Spalding’s Silicon Valley office. (King & Spalding)
- Gosia Kosturek jumped to Duane Morris from Whiteford, Taylor & Preston. Kosturek will be a partner in the firm’s real estate practice group based in Pittsburgh. (Duane Morris)
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