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Good morning. Florida says it will not use a new version of the bar exam when it debuts, an early blow for the revamped test. On the docket today, the U.S. Supreme Court is expected to issue new rulings, and lots of big cases are unresolved. Plus, reporter Tom Hals looks at a key legal issue in the fight over abortion pill access; FTX is suing one of its former top lawyers; and Crowell won approval to sue its landlord for $30 million over COVID-era rent payments. It’s Thursday, and let’s dive in.
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REUTERS/Alexandros Avramidis
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Florida will not use the new version of the bar exam when it debuts in July 2026 — an early blow to the revamped test that the National Conference of Bar Examiners is currently designing, reports Karen Sloan.
The Florida Board of Bar Examiners said it will stick with its current bar exam format in 2026 and will decide later whether to use the NextGen Bar Exam exam after July 2026. Florida is the fourth-largest bar exam jurisdiction in the country, behind New York, California and Texas, and it appears to be the first to make a public announcement about the format of the July 2026 test.
California has also shown early skepticism over the new bar exam. The State Bar of California’s Board of Trustees has endorsed a proposal to design its own test rather than use the NextGen bar exam, though the California Supreme Court has yet to act on that recommendation.
Bar exam officials in New York and Texas did not immediately respond to requests for comment on their bar exam plans.
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- Crowell will be allowed to pursue a $30 million lawsuit against its D.C. landlord alleging the law firm should have been given a break on making rent payments during the pandemic. The landlord, represented by Seyfarth, contends Crowell was never denied access to its office space. At a hearing, D.C. Superior Court Judge Donald Tunnage said Crowell’s claims were sufficient to let the case advance. (Reuters)
- Bankrupt cryptocurrency exchange FTX accused one of its former top lawyers of aiding fraud by the company’s founder Sam Bankman-Fried and silencing whistleblowers who reported wrongdoing at the company. The complaint describes Daniel Friedberg, a former chief compliance officer at FTX and general counsel of its related crypto hedge fund Alameda Research, as a “fixer” for Bankman-Fried. A lawyer for Friedberg did not immediately respond to a request for comment. (Reuters)
- The Biden administration nominated a new round of judges for federal trial courts in New York, Delaware, Pennsylvania and Michigan. The White House also named April Perry as the nominee to lead the U.S. attorney’s office in Chicago. Perry would join the DOJ from GE HealthCare, where she is senior counsel for global investigations and fraud and abuse prevention. (Reuters)
- Kathi Vidal, director of the USPTO, issued an order sharply criticizing computer-chip patent owner VLSI Technology for making misleading arguments during its dispute with Intel at a USPTO tribunal. Vidal said that VLSI misquoted the Patent Trial and Appeal Board in its arguments, “distorting the Board’s prior statements and carelessly citing case law” in its failed bid to defend a patent at the center of its earlier $2.18 billion patent victory against Intel in Texas federal court. (Reuters)
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A new U.S. Supreme Court ruling could upend litigation against corporate defendants, allowing plaintiffs to pick friendly out-of-state venues and gain valuable leverage from filing masses of cases in a single court. Or not. Alison Frankel has an analysis of the court’s fractured ruling on Tuesday in Mallory v. Norfolk Southern Railway. The majority ruled that the Due Process clause of the U.S. constitution does not prevent states from requiring corporations to consent to the jurisdiction of their courts as a condition of registering to conduct business. But the decision, Frankel says, leaves open the distinct prospect that Pennsylvania’s consent-by-registration law may violate the dormant Commerce Clause. Jurisdictional guru and defense lawyer Sean Marotta of Hogan Lovells told Frankel, “I’m telling clients not to panic but to be vigilant.”
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“You would have a revolt if you were to remove the game from one platform.“
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—Bobby Kotick, chief executive of “Call of Duty” maker Activision, disputing the FTC’s contention that Microsoft’s planned $69 billion purchase of his company would restrict access to one of the highest-selling video games of all time. Kotick testified in U.S. court in California that making “Call of Duty” exclusive to Microsoft’s gaming platform would alienate some 100 million people who play the game each month. The FTC has asked a judge to stop the acquisition temporarily in order to allow the agency’s in-house judge to decide the case. The lawyers in the case are expected to make their final points today.
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- The U.S. Supreme Court is expected to issue at least one decision, as the term’s final days come into focus. Among the argued cases awaiting a ruling is the lawfulness of race-conscious admissions policies at U.S. colleges and universities. The court also is expected soon to rule on the legality of President Joe Biden’s plan to cancel $430 billion in student debt for about 40 million borrowers.
- The 7th Circuit will hear arguments in lawsuits challenging bans on assault weapons and large capacity magazines in Naperville, Illinois, and statewide, brought by the National Association for Gun Rights and other groups. Democratic Illinois Governor J.B. Pritzker in January signed into law the Protect Illinois Communities Act that banned the sale and distribution of many kinds of semiautomatic “assault weapons,” including AK-47 and AR-15 rifles, as well as magazines that take more than 10 rounds for long guns and 15 rounds for handguns. U.S. District Judge Virginia Kendall in February and the 7th Circuit in April rejected the challengers’ bid for an injunction. In May, the U.S. Supreme Court left the law in place while the challenges move forward.
- A 5th Circuit panel will weigh a challenge to the ATF’s pistol brace rule, which imposes greater regulations on firearms with barrels that allow a person to shoot from the shoulder. The new rule, part of the Biden administration’s efforts to beef up gun control regulations, clarified that pistols modified by a stabilizing brace are subject to additional requirements. Erik Jaffe of Schaerr Jaffe will argue for the challengers, including the Firearms Policy Coalition. Jaffe will face off against the DOJ’s Sean Janda.
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Court calendars are subject to last-minute docket changes.
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- Federal judges in Kentucky and Tennessee blocked state laws prohibiting the use of puberty-blocking drugs and hormones for transgender children from taking effect while lawsuits challenging the bans proceed. They are the latest in a series of similar rulings around the country, with laws in seven states now prevented from taking effect. (Reuters)
- Mattel’s lawyers asked the U.S. Trademark Office to reject British fashion house Burberry’s proposed “BRBY” trademark, arguing it is likely to sow confusion with Mattel’s famous Barbie brand. Representatives for Mattel and Burberry did not immediately respond to requests for comment. (Reuters)
- Belgian chemicals company Solvay’s U.S. branch will pay $175 million to New Jersey to settle some claims linked to drinking water pollution caused by one of its plants. Solvay did not admit fault, and a federal judge must still weigh the deal later this year. (Reuters)
- New York Attorney General Letitia James accused nursing home operator Centers Health Care and its owners of stealing $83 million in government funds while understaffing its facilities, resulting in neglect, illness and death among residents. In a lawsuit filed in state court, James sought to block four Centers nursing homes in New York from admitting new residents until they are sufficiently staffed and to hire financial and healthcare monitors to oversee their compliance. A Centers spokesperson said it “prides itself on its commitment to patient care” and “wholeheartedly” denies the allegations. (Reuters)
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