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Good morning. Donald Trump and his allies charged in the Georgia election subversion case may end up using a legal tactic that the former president has used before as they fight the charges. Plus, the details on Trump’s new lawyer, Hawaiian Electric sees more litigation fallout from the Maui fires, and Florida’s Stop WOKE Act goes before an appellate panel. The Daily Docket is taking a summer break next week. See you after Labor Day!
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Efforts by Donald Trump allies to move Georgia’s criminal case charging the former U.S. president with trying to overturn an election to federal court is raising legal questions that could delay a trial, which may be a key part of their strategy, reports Tom Hals.
Trump’s former chief of staff Mark Meadows is pushing to move his case to federal court. Two other defendants, former DOJ official Jeffrey Clark and David Shafer, who was a Republican presidential elector nominee, are also requesting removal, and legal experts say Trump is likely to do so as well.
The removal cases will be heard by a federal judge in the Northern District of Georgia and could tie up the litigation in appeals if denied, legal experts said. “The request for removal is definitely going to delay this trial and be complicated and messy,” said Eric Segall, a professor at Georgia State College of Law.
In the meantime, the former president has brought on a new lawyer, Steven Sadow. He’s known for representing hip-hop performers and other high-profile criminal defendants in Atlanta.
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- Stanford Law School dean Jenny Martinez has been named Stanford University’s next provost, effective Oct. 1. Martinez managed a free-speech controversy that sparked in March when a group of students disrupted remarks by Trump-appointed 5th U.S. Circuit Judge Stuart Kyle Duncan. (Reuters)
- House Republicans launched an investigation of Fani Willis, the district attorney in Georgia’s Fulton County who is overseeing the criminal case against former President Donald Trump. House Judiciary Committee Chairman Jim Jordan sent Willis a letter raising questions about whether she coordinated her probe with the DOJ, including Special Counsel Jack Smith, or used federal tax money in the investigation. (Reuters)
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That’s the percentage of fees that eligible travelers who seek refunds may get back under a settlement with Spirit Airlines. The amount could be lower depending on the total amount of refunds sought by the class members. The airline agreed to pay up to about $8.3 million to resolve a lawsuit brought by passengers who said the low-cost carrier blindsided them with surprise carry-on bag fees on tickets bought through third-party travel services including Expedia and Travelocity. Lawyers for the passengers from Klafter Lesser and Hermina Law Group asked a federal judge in Brooklyn to approve the settlement.
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In almost every federal appellate circuit in the U.S., class action plaintiffs who try to premise their class definition on a defendant’s liability will be bounced out of court without a backward glance. But not the D.C. Circuit, which refused last April, in a pension benefits case against Hilton Hotels, to adopt a categorical ban on so-called fail-safe classes. Now Hilton wants the U.S. Supreme Court to weigh in – and, for good measure, is also seeking to resolve an alleged circuit split on whether plaintiffs can even appeal successive class certification decisions. Alison Frankel has the details.
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“It seems like what we’re looking at is the speech itself and not the conduct.“
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—11th Circuit Judge Charles Wilson, who seemed to agree with a lower court’s holding that Florida’s Stop WOKE Act, which bans employers from requiring workers to attend training sessions that promote concepts dealing with racism and sexism, governs employers’ speech. The law, which spurred headlines across the country, is on hold after a trial court judge said it violated employers’ free speech rights. After oral arguments, it wasn’t immediately clear how the appellate panel might rule.
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- U.S. District Judge Matthew Kennelly in Chicago is holding a hearing in the MDL over recalls of contaminated Abbott Laboratories’ baby formula that contributed to a nationwide shortage. Sam Geisler of Aylstock Witkin Kreis & Overholtz and Stacy Hauer of Johnson Becker, who are co-lead counsel in the litigation, have accused the company of setting improper parameters on discovery. Abbott, which is represented by a team at Kirkland & Ellis, has countered that the plaintiffs’ team is seeking far more information than is necessary.
- U.S. District Judge Thomas Durkin in Chicago will consider motions governing evidence ahead of a trial in the litigation over claims that chicken producers like Sanderson Farms and Tyson conspired to control the prices of broiler chickens. The Sept. 12 trial will address claims from grocery chains like Meijer, Kroger and Publix that the chicken companies cut production and took other steps to manipulate chicken prices.
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Court calendars are subject to last-minute docket changes.
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- The county of Maui, Hawaii, sued Hawaiian Electric, accusing the power company of acting negligently by failing to shut down its equipment despite warnings hurricane winds could knock power lines down, sparking wildfires. The county, which is seeking unspecified damages, is represented by Baron & Budd. (Reuters)
- Hawaiian Electric shareholders, represented by attorneys from Pomerantz, also filed a lawsuit alleging the company failed to disclose important information about its wildfire prevention and safety protocols. The stock of Hawaii’s largest utility remains more than 40% down for the week and has lost more than half of its value since the Aug. 8 wildfires that destroyed the coastal Maui town of Lahaina and killed at least 115 people. (Reuters)
- U.S. District Court Judge Daniel Calabretta dismissed a lawsuit against Alphabet Inc’s Google that was brought late last year by the Republican National Committee for allegedly sending its emails to users’ spam folders. Calabretta, who gave the RNC the chance to amend its complaint, said that while it was a “close case,” the political committee had not shown that Google acted in bad faith in filtering RNC messages into the spam folders of Gmail users.(Reuters)
- The EEOC sued a Las Vegas restaurant whose parent is led by Michelin-starred chef Thomas Keller, accusing managers of sexually harassing female and male employees on a daily basis since at least 2018. The agency said Bouchon Las Vegas knew or should have known about the harassment and that it created a hostile work environment (Reuters)
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- Milbank has hired former federal prosecutor Nola Heller to serve as co-head of the New York office’s white-collar defense and investigations team. She was previously at Cahill. (Reuters)
- McDermott added Latin America-focused transactions partner Howard Kleinman. He joins the firm in New York from Dechert. (McDermott)
- Husch Blackwell hired international trade lawyer Dan Wilson to its technology, manufacturing and transportation industry group in Washington, D.C. Wilson joins as a partner from Arnold & Porter Kaye Scholer. (Husch Blackwell)
- Lewis Brisbois brought on Nashville-based Brian Walthart as a partner in the firm’s general liability practice. He was previously at McAngus Goudelock & Courie. (Lewis Brisbois)
- Armstrong Teasdale added commercial litigation partner Peter Donaldson in Salt Lake City. He joins from Dentons. (Armstrong Teasdale)
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