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A first-of-its-kind lawsuit filed in Texas by a woman seeking an emergency abortion has turned into a heated fight about what constitutes a medically necessary abortion and whether a court order is enough to protect the doctors who perform one, reports Brendan Pierson.
A Texas woman won a court order on Thursday morning to have an emergency abortion after she said her continued pregnancy threatened her health and future fertility. But hours after Texas state court Judge Maya Guerra Gamble’s order, the state’s attorney general was warning doctors that they could be prosecuted if they perform the procedure on her.
The state’s abortion ban includes only a narrow exception to save the mother’s life or prevent substantial impairment of a major bodily function. The woman, Kate Cox, said in her lawsuit that, although her doctors believed abortion was medically necessary for her, they were unwilling to perform one without a court order in the face of potential penalties including life in prison and loss of their licenses.
By Thursday evening, Texas Attorney General Ken Paxton said his office had sent letters to three hospitals where Damla Karsan, the doctor who said she would provide the abortion to Cox, has admitting privileges. The letters warned that the order did not shield doctors from prosecution under all of Texas’s abortion laws, and that Cox had not shown she qualified for the medical exception to the state’s abortion ban.
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- Two U.S. government lawyers ran afoul of their professional ethics obligations in an assault prosecution but did not deserve a “harsh” six-month suspension from the practice of law, the District of Columbia’s highest local court ruled. In a divided decision, the D.C. Court of Appeals voted 2-1 instead to impose a one-year probationary period on former Assistant U.S. Attorneys Mary Dobbie and Reagan Taylor, who were accused of withholding evidence.
- Apple’s former top corporate lawyer will receive no prison time after pleading guilty last year to U.S. insider trading charges. U.S. District Judge William Martini in Newark, New Jersey, sentenced Gene Levoff to four years of probation and 2,000 hours of community service. Levoff was also ordered to pay a $30,000 fine and forfeit $604,000.
- A U.S. Senate panel advanced the nomination of Sara Hill, a former attorney general for the Cherokee Nation, to become the first Native American woman to serve as a federal judge in Oklahoma, despite opposition from the state’s Republican governor.
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That’s how many new antitrust lawsuits were filed on Thursday against the NCAA, which is already facing an array of student-athlete lawsuits over its rules on student athletes. In one lawsuit, a proposed class of college athletes sued in California court to strike down all of the NCAA’s rules that bar athletes from being compensated for their athletic roles. In the second lawsuit, Ohio and six other states, including New York, Illinois and North Carolina, sued the college sports governing body in West Virginia federal court over a student-transfer rule that can delay an athlete’s eligibility to compete in games for a year.
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The 9th Circuit ruled on Tuesday that plaintiffs who are challenging delegation provisions in arbitration contracts can use the same legal theories that they are asserting to contest entire arbitration agreements. That holding arguably deepens a split among the circuits on the framework for challenging these key provisions, although a dissenting judge said the majority was overstating the divide. Alison Frankel has an analysis.
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“I gotta lose some weight.“
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—Former U.S. President Donald Trump, who spoke to a courtroom sketch artist after he made an appearance in the New York courtroom where his company’s civil fraud trial is ongoing. He made the comment after viewing a courtroom sketch from artist Isabelle Brourman, according to the artist. In the New York trial, Trump’s lawyers are trying to make the case that his company did not manipulate the value of its properties to win favorable financing.
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- The 4th Circuit is slated to hear arguments in a lawsuit over South Carolina’s decision to bar a Planned Parenthood branch from receiving reimbursements from the Medicaid program in the state. A patient who received her care from Planned Parenthood sued the state and won a permanent injunction against the decision. The state lost its appeal of that ruling at the 4th Circuit. But after the U.S. Supreme Court ruled in a related case over the right to sue government officials, it vacated the 4th Circuit’s decision and directed the court to reconsider.
- Amit Bhardwaj, the former chief information security officer at laser specialist Lumentum Holdings, is scheduled to be sentenced for insider trading in technology companies Coherent and NeoPhotonics after learning Lumentum planned to acquire them. Bhardwaj pleaded guilty in March to multiple counts of securities and wire fraud, among other charges.
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Court calendars are subject to last-minute docket changes.
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- American Airlines asked the 1st Circuit to reverse a judge’s decision that sided with the DOJ and declared that its now-scrapped partnership with JetBlue Airways was anticompetitive. In a brief, the airline told the court that while its joint venture with JetBlue is over, the judge’s ruling invalidating their partnership must be overturned because it threatens a wide range of other collaborations between competitors.
- At oral arguments in an Uber driver’s bid to revive a lawsuit claiming the company’s policy of terminating drivers with low passenger ratings is racially discriminatory, 9th Circuit Judge Jennifer Sung said a lower court made a “legal error” in tossing the lawsuit. But it was not clear how the other two judges on the panel, both appointees of Republican former President Donald Trump, were leaning.
- The District of Columbia attorney general’s office urged the D.C. Court of Appeals to revive its lawsuit accusing Amazon.com of artificially driving up prices on its platform and elsewhere through curbs on third-party sellers and wholesalers. The lawsuit accused Amazon of unlawfully barring merchants on the e-commerce giant’s platform from offering lower prices elsewhere, but a lower court said the low prices could be the result of lawful free market behavior.
- Disney’s Marvel has settled its legal fight with the estate of artist Steve Ditko over rights to the iconic superheroes Spider-Man and Doctor Strange, according to a filing in Manhattan federal court. Marvel and Ditko’s estate said in the joint filing that they have “amicably resolved” their copyright dispute, but it did not provide settlement terms.
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The U.S. Supreme Court is set to hear more arguments over whether an arbitrator or a court should decide if a dispute should be handled in arbitration, showing that the question is still very much up for debate, writes former U.S. District Judge Shira Sheindlin, now of counsel at Boies Schiller Flexner.
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