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During arguments that lasted nearly two hours, both conservative and liberal U.S. Supreme Court justices seemed to agree that job transfers can form the basis of an employee’s discrimination claim, reports Daniel Wiessner.
The issue is technical, but the court’s ruling could make or break the many discrimination cases in which workers allege they were transferred for discriminatory reasons.
U.S. appeals courts are divided over the issue, with at least two of them ruling that workers do not need to show harm beyond the discrimination itself. The Biden administration filed a brief in support of the St. Louis police officer at the heart of the lawsuit, Jatonya Muldrow, who says she was transferred against her will because of her sex.
At the arguments, multiple justices appeared to side with the officer’s lawyer’s argument that workplace bias is illegal even if it does not cause a tangible harm, such as when workers are transferred but maintain their pay and rank.
“The idea that treating people differently could not be a harm and not be discrimination, I don’t get that,” Justice Brett Kavanaugh said.
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- Johnson & Johnson has asked a federal judge to boot Beasley Allen from the mass tort litigation over its talc products, saying that one of its partners teamed up with a former J&J lawyer to thwart the company’s strategy to resolve the lawsuits through bankruptcy. The partner, Andrew Birchfield, called the motion “a misguided attempt to silence and bully thousands of ovarian cancer victims and their families.”
- Edward Blum’s American Alliance for Equal Rights agreed to dismiss its lawsuit against Winston & Strawn after the firm eliminated a requirement that applicants to the program belong to “a disadvantaged and/or historically underrepresented group in the legal profession.”
- Kansas City, Missouri-founded law firm Spencer Fane is merging with small Utah law firm Snow Christensen & Martineau and expanding into Salt Lake City. The move will push Spencer Fane’s attorney headcount past 500.
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That’s how many states have adopted the revamped bar exam, now that Arizona has joined the mix. The Arizona Supreme Court said the state will begin administering the so-called Next Gen bar exam in July 2027, which is one year after the new exam will first become available.
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Can a national law firm that represented a Delaware corporation in an M&A deal elude Delaware jurisdiction for a malpractice claim arising from the transaction? How about if the merger agreement specifies Delaware Chancery Court as the exclusive forum for deal disputes? Alison Frankel has a doozy of a tale – featuring phishing emails from hackers who managed to divert millions of dollars from Utah nonprofits to a fake Hong Kong furniture store — that provides answers to those questions.
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“If it was so important the president be included, why not spell it out?“
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—Colorado Supreme Court Justice Carlos Samour, who questioned lawyers for voters suing to keep former President Donald Trump off the ballot in the state under an amendment to the U.S. Constitution that bars public officials from holding federal office if they have engaged in “insurrection.” Samour was one of the justices who pressed lawyers for the voters on why the constitutional provision does not explicitly mention the president as someone who can be disqualified. The Colorado lawsuit has been viewed as a test case for a wider campaign to contest Trump’s 2024 candidacy under the constitutional provision.
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- OpenAI is slated to appear before U.S. District Judge Araceli Martinez-Olguin in San Francisco as it asks her to trim a copyright lawsuit brought by a group of authors, including comedian Sarah Silverman, who say the company misused their work to train AI systems like its chatbot ChatGPT. Microsoft-backed OpenAI has taken aim at what it called “ancillary” claims in the lawsuits, telling the court that the text ChatGPT creates does not violate the authors’ rights in their books.
- The Democratic-led U.S. Senate Judiciary Committee is holding a hearing where it could vote to advance some of President Joe Biden’s judicial nominees. Those nominees include Sara Hill and John Russell to serve as federal judges in the Northern District of Oklahoma and Ramona Villagomez Manglona, a nominee to serve as a judge on the U.S. District Court of the Northern Mariana Islands.
- Smith & Wesson is due to file its appellate brief as it fights a group of lawsuits brought by families impacted by the shooting at a 2022 Fourth of July parade in Highland Park, Illinois. The gunmaker is appealing an Illinois federal judge’s order remanding the lawsuits, which accuse the company of improperly marketing its semi-automatic rifles, back to state court.
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Court calendars are subject to last-minute docket changes.
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- Texas Attorney General Ken Paxton and conservative media companies The Daily Wire and The Federalist sued the U.S. State Department, accusing it of funding technologies used to counter disinformation online that they claim censor right-leaning news outlets. The lawsuit alleges the State Department had used grants to fund technology that could “render disfavored press outlets unprofitable.”
- Amazon.com asked a U.S. judge to dismiss a proposed nationwide consumer class action accusing the e-commerce giant of failing to meet its stated “guaranteed” delivery for some purchases because it didn’t always deliver within the hour windows that customers select. In its filing, Amazon’s lawyers at Perkins Coie argued that there was no “guaranteed” delivery for the plaintiff’s purchase of a variety pack of herbal tea, and also that any such statement for a delivery pertains to a date and not a time.
- New Mexico Attorney General Raul Torrez said the state sued Facebook and Instagram parent Meta Platforms and CEO Mark Zuckerberg, claiming the social media company had failed to protect children from sexual abuse, online solicitation, and human trafficking. Meta, which is already facing dozens of lawsuits from states accusing the company of designing products to be addictive to children, said it reports content to the National Center for Missing and Exploited Children and shares “information and tools with other companies and law enforcement, including state attorneys general, to help root out predators.”
- A Louisiana-based author sued Netflix and screenwriter Adam McKay over claims that McKay copied his dark-comedy novel about a comet heading toward Earth in the Academy Award-nominated 2021 film “Don’t Look Up.” William Collier said in the copyright lawsuit filed in California federal court that “Don’t Look Up” is “strikingly similar” to his “Stanley’s Comet,” and that his story reached McKay through his daughter’s work at McKay’s former manager’s company.
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