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More than a third U.S. law school deans say they oppose an ABA proposal that would require greater uniformity across courses, arguing that the organization is unnecessarily tightening its grip on law schools and constraining legal educators’ freedom in the classroom, reports Karen Sloan.
“It is unclear why the ABA needs to micromanage law school curricula to such a degree,” wrote 76 law deans, including those from New York University, Georgetown and University of Michigan’s law schools. The deans submitted a public comment that warned the proposed changes to the ABA’s so-called student learning outcomes section of its accreditation standards “could harm legal education.”
Supporters of the proposal countered in their comments to the ABA that more conformity among required classes and the adoption of learning goals for each course would benefit students by placing more oversight and focus on how individual classes fit into the larger curriculum.
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- Troutman Pepper and Locke Lord said they are in talks to merge, in what would be the largest law firm combination to emerge so far this year. Troutman, the larger of the two firms, has more than 1,100 lawyers in 22 U.S. cities. The firm was born from a 2020 merger between Atlanta-founded Troutman Sanders and Philadelphia-founded Pepper Hamilton.
- A Texas appellate court upheld a decision to reject attorney disciplinary charges against Donald Trump ally Sidney Powell, finding that the state’s bar failed to prove that she had engaged in “fraud, dishonesty, deceit, or misrepresentation.” The Fifth Court of Appeals of Texas said that state bar prosecutors “employed a ‘scattershot’ approach to the case,” which alleged that Powell had “no reasonable basis” for filing lawsuits challenging President Joe Biden’s 2020 election victories.
- A 5th Circuit judge whose son owns Citigroup stock does not need to recuse himself from hearing a lawsuit by banking industry groups challenging a rule capping credit card late fees at $8, a judicial ethics panel concluded. That determination was contained in an advisory opinion concerning whether those stock holdings meant that U.S. Circuit Judge Don Willett must withdraw from hearing the case.
- A U.S. Senate panel advanced the nomination of Judge Nancy Maldonado to serve on the Chicago-based 7th Circuit over the objections of Republicans, who argued her large case backlog at the trial court level made her undeserving of a promotion.
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That’s the expected average consumer award in a proposed $700 million Google antitrust settlement resolving claims that the tech giant monopolized the Android app distribution market. The deal, first announced last year but still pending court approval, includes $630 million for consumers, and $70 million for the states. The states in their new filing said they anticipate $515 million being available for eligible consumers, after legal fees and other costs are taken out of the settlement fund. The states and Google are defending the proposal, after a judge questioned its merits.
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In the wake of recent protests blocking bridge and highway traffic, Jenna Greene’s latest column looks at potential class action litigation aimed at deterring unlawful future demonstrations. Hamilton Lincoln Law Institute co-founder Ted Frank told Greene that there are viable claims to be made against protesters and organizers for public nuisance and false imprisonment. But advocacy groups decry the notion of using class action litigation to stifle free speech. To Greene, the question is how to balance First Amendment freedoms with the right of people not to be stuck in traffic for hours on end.
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“We had hoped Oakland would
come to its senses.”
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—San Francisco City Attorney David Chiu, in a statement announcing a lawsuit accusing Oakland of violating trademark law in trying to rename its airport as the “San Francisco Bay Oakland International Airport.” The lawsuit in San Francisco federal court alleged Oakland was moving to approve the change “without pausing to consider reasonable alternative names.” San Francisco International Airport is one of the largest hubs in the U.S. and has operated under its name since 1927. The lawsuit said confusion will be “particularly acute” for travelers who may not speak or read English.
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- The federal Judicial Conference’s Advisory Committee on Evidence Rules will meet in D.C. and take up a discussion on topics including the challenges of AI and its possible impact on trial evidence. The committee will hear from computer scientists and others, including Berkeley Law professors Andrea Roth, who is the school’s criminal justice chair, and Rebecca Wexler, co-director of the school’s Center for Law & Technology.
- The 11th Circuit in Atlanta will hear arguments over a Florida law that bans Chinese citizens from owning homes or land in the state. The appeals court in February blocked the law from being enforced against two Chinese nationals who were in the process of buying property when the law was adopted. The plaintiffs’ legal team includes lawyers from the ACLU, Quinn Emanuel and Asian American Legal Defense and Education Fund.
- In Manhattan federal court, U.S. District Judge Paul Engelmayer will weigh issuing a temporary injunction barring two traders at others at Millennium Management from placing certain orders. Jane Street Group accused Millennium, one of the world’s largest hedge fund firms, of stealing a valuable in-house trading strategy after two traders defected. Jane Street’s Quinn Emanuel lawyers said the traders had been “intimately” involved in developing the strategy before resigning separately to join Millennium in February. Millennium’s defense team includes Dechert’s Andrew Levander.
- U.S. Magistrate Judge Leda Wettre in New Jersey will hold a status conference in the DOJ’s blockbuster antitrust lawsuit accusing Apple of monopolizing the smartphone market. Apple, whose legal team includes a group from Kirkland, has denied that its rules and practices violate federal competition law. The case in Newark federal court was recently assigned to U.S. District Judge Julien Neals, after U.S. District Judge Michael Farbiarz said a conflict prevented him from sitting in the case.
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Court calendars are subject to last-minute docket changes.
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- A Florida jury concluded Johnson & Johnson baby powder did not cause the ovarian cancer of a Florida woman who died in 2019. The lawsuit was brought by family members of a Sarasota County resident who used Johnson’s Baby Powder daily from 1965 until August 2016, when she was diagnosed with ovarian cancer, according to her family’s lawsuit. The company has said that its talc products are safe and do not contain asbestos.
- A cryptocurrency trader was convicted of fraud after prosecutors accused him of stealing about $110 million by rigging the Mango Markets exchange. Jurors in federal court in Manhattan found Avraham Eisenberg, 28, guilty of commodities fraud, commodities manipulation and wire fraud, in the DOJ’s first criminal case involving cryptocurrency market manipulation. Eisenberg had argued that his trades were legal.
- BNP Paribas was ordered to face a lawsuit accusing the French bank of helping Sudan’s government commit genocide between 1997 and 2011 by providing banking services that violated American sanctions. U.S. District Judge Alvin Hellerstein in Manhattan found “too many facts” showing a relationship between BNP Paribas’ financing and human rights abuses perpetrated by the government.
- Holtec International, which is in charge of decommissioning the Indian Point nuclear power plant in New York, filed a lawsuit against the state over its rules regarding the discharge of radioactive materials from nuclear power plants. The company said the authority to monitor radioactive discharge was with the U.S. Nuclear Regulatory Commission and not the state of New York.
- JPMorgan sued Russian state-owned VTB Bank to halt its efforts to recover $439.5 million from an account that was blocked after Russia invaded Ukraine and VTB was hit with sanctions. JPMorgan’s complaint in Manhattan federal court said VTB filed a lawsuit in Russia to recover the money in “blatant breach” of its agreement to have disputes addressed in New York.
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