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The U.S. Supreme Court is slated to hear arguments this morning in a case involving debit card fees that could expand the number of lawsuits over government regulations, report John Kruzel and Andrew Chung.
A North Dakota convenience store, backed by various conservative and corporate interest groups including billionaire Charles Koch’s network and the U.S. Chamber of Commerce, is asking the high court to reboot its lawsuit challenging a 2011 U.S. Federal Reserve regulation governing how much businesses pay to banks when customers use debit cards to make purchases.
Lower courts said the store brought its lawsuit too late, outside of the six-year statute of limitations for these types of claims. The store argues that the time limit should not start running until a business is adversely affected by a regulation.
The Biden administration, representing the Federal Reserve Board of Governors , has argued that adopting the store’s legal position “would substantially expand the class of potential challengers” to government regulations and could “increase the burdens on agencies and courts.”
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- A coalition of major U.S. plaintiffs’ law firms led by Hagens Berman is asking the federal judiciary to modernize rules that govern civil trials in the wake of the COVID-19 pandemic to encourage live-streamed testimony by witnesses who are unable to appear in person.
- The Indiana Supreme Court amended its attorney admissions rules to enable graduates of non-ABA accredited law schools to request a waiver to sit for the bar exam, provided they are eligible to take the test in another state. That means graduates of fully online law schools and graduates of California-accredited law schools may petition to take the Indiana bar, because California already allows both of those groups of graduates to take its exam.
- The alumni association and four current students at Golden Gate University School of Law sued the university and its president in California state court, seeking to stop the planned May closure of its juris doctor program. The school made the decision in response to financial shortfalls resulting from enrollment declines, a sluggish employment market, and low bar exam pass rates.
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“Their complete lack of contrition and remorse borders on pathological.“
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—New York Justice Arthur Engoron, who ordered Donald Trump to pay $354.9 million in penalties for fraudulently overstating his net worth to dupe lenders. Engoron also banned Trump from serving as an officer or director of any New York corporation for three years, writing that Trump and the other defendants in the case – which included his adult sons, Don Jr and Eric – were incapable of admitting the error of their ways. Trump’s lawyer, Alina Habba, called the decision a “manifest injustice.” Our colleague Jonathan Stempel has more on the colorful judge who oversaw the trial.
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- Today former FBI informant Alexander Smirnov faces a detention hearing in Nevada federal court after his arrest last week on charges that he lied about the involvement of President Joe Biden and his son, Hunter Biden, on the pair’s alleged involvement in business dealings with Ukrainian energy company Burisma Holdings.
- On Wednesday, the U.S. Supreme Court is scheduled to hear oral arguments in a bid to block the EPA from enforcing a federal regulation aimed at reducing ozone emissions that may worsen air pollution in neighboring states. The justices acted on requests by the states of Ohio, Indiana and West Virginia, as well as pipeline operators, power producers and U.S. Steel Corp to avoid complying with the federal “Good Neighbor” plan.
- On Thursday, former President Donald Trump faces a deadline to ask U.S. District Judge Aileen Cannon in Florida to dismiss the criminal case accusing him of illegally holding onto classified documents after leaving office. Trump has pleaded not guilty. The case is one of several legal woes Trump faces as he campaigns for 2024.
- On Friday, U.S. District Judge Charles Breyer in San Francisco will consider a request by the Center for Countering Digital Hate to dismiss a lawsuit by Elon Musk’s X Corp. X accused the nonprofit, which monitors online hate speech, of trying to drive advertisers away through a “scare campaign” showing that hate speech and other harmful content appeared to be overwhelming the platform. Lawyers for the center have called Musk’s suit “ridiculous.”
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Court calendars are subject to last-minute docket changes.
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- Donald Trump’s planned appeal of a $355 million judgment against him in his civil fraud case may focus on the former president’s contention that there were no actual victims from his conduct at issue in the case, which was brought under a New York anti-fraud law typically used to protect consumers. Trump’s claim that there were no obvious victims, while not helpful for him when presented to Justice Arthur Engoron during the trial, could be a matter of concern for appellate judges, experts told our colleague Jack Queen.
- U.S. Supreme Court Justice Samuel Alito temporarily halted the Boy Scouts of America’s $2.46 billion settlement of decades of sex abuse claims, which is being appealed by a group of 144 abuse claimants. Alito’s brief order freezing the settlement gives the court more time to decide the appeal by the abuse claimants, who say that the deal unlawfully stops them from pursuing lawsuits against organizations that are not bankrupt, such as churches that ran scouting programs.
- Two professional “Call of Duty” video gamers are suing Activision for $120 million in damages for allegedly monopolizing the market for competitive leagues and tournaments. Activision said it will fight the lawsuit, filed in Los Angeles federal court.
- The DOJ in a friend of the court brief asked a Boston federal judge to reject a real estate antitrust settlement that the government said was only “cosmetic” and would not help buyers and sellers reduce high broker fees. The DOJ is not a party to the consumer lawsuit that is among an array of cases challenging claims of inflated commissions.
- Indiana urged the 7th Circuit to let it enforce a law banning the use of puberty blockers and hormones for transgender children under the age of 18, which is currently blocked by a lower court after the ACLU sued on behalf of families and healthcare providers. Indiana Solicitor General James Barta , who represented the state, also argued that the panel should reverse a district court’s finding that the law discriminates on the basis of sex, saying it targeted certain medical procedures but applied equally regardless of sex.
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- Cooley hired Susanne Grooms, onetime chief counsel to the U.S. House Committee on Oversight and Reform , to lead a new congressional investigations practice. Grooms, who is based in D.C., was previously at Kaplan Hecker & Fink. (Reuters)
- Stephanie Reed Traband joined McCarter & English as a partner in its bankruptcy, restructuring and litigation group and its alternative dispute resolution and mediation group. Traband, who is based in Miami, was previously at Levine Kellogg Lehman Schneider + Grossman. (McCarter)
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