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A U.S. Supreme Court case involving Starbucks’ firing of a group of union supporters could have a broad impact on the powers of the federal agency that enforces workers’ rights to organize, Dan Wiessner reports.
The justices last week agreed to hear the coffee chain’s appeal of a ruling that said it must reinstate seven workers at a Memphis store who lost their jobs amid a nationwide unionizing campaign that was unprecedented for Starbucks. About 385 of the company’s 9,000 U.S. stores have unionized since 2021, and it is facing hundreds of complaints before the National Labor Relations Board alleging that it has illegally interfered with union campaigns or retaliated against pro-union employees.
Starbucks has denied wrongdoing but said that it had already re-hired the Memphis workers, so the immediate impact of the Supreme Court’s ruling on the company could be marginal. The stakes are bigger for the NLRB, as the court will decide how high of a bar the agency must meet to win court orders requiring employers to reinstate fired workers or take other steps to address alleged illegal labor practices.
A ruling for Starbucks could impair the board’s ability to seek those court orders, which are already fairly rare, experts said.
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- A group of attorneys allied with Donald Trump deserved a judge’s sanction for filing a meritless lawsuit challenging the 2020 presidential election results, a lawyer for Detroit told the U.S. Supreme Court. The Michigan city urged the justices to leave in place a lower judge’s order imposing punishment on prominent conservative attorneys L. Lin Wood and Sidney Powell for their work on the lawsuit against the city and other defendants.
- The DOJ said that the government expects to release a key study about cancer incidence rates at North Carolina’s Marine Corps Base Camp Lejeune later this month. An earlier Reuters report revealed the study found elevated cancer rates in veterans who served at the base and linked new types of cancer to the water. Plaintiffs’ attorneys have been seeking the study to bolster their claims in the litigation over the water.
- The Senate Judiciary Committee narrowly advanced the nomination of Adeel Mangi to become the nation’s first Muslim American federal appeals court judge, after Democrats accused Republican senators of subjecting him to “blatantly Islamophobic lines of questioning and insinuations.” He is up for a seat on the 3rd Circuit.
- A lawyer representing former Donald Trump attorney Sidney Powell in two multi-billion dollar defamation cases is facing disciplinary charges in D.C. over a lawsuit and appeals he filed contesting the 2020 U.S. presidential election results.
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That is the size of the fine Robinhood agreed to pay to resolve allegations by Massachusetts Secretary of State Bill Galvin, the state’s top securities regulator. Galvin filed an enforcement action in 2020 alleging Robinhood’s app-based service used strategies that treated trading like a game to lure young, inexperienced customers into placing risky trades, including “gamification” strategies like having confetti rain down for each trade made on Robinhood’s app. The settlement also addressed issues uncovered through another investigation into a 2021 data security breach. The online brokerage agreed to overhaul its practices.
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If the U.S. Supreme Court is still hankering, after Wednesday’s marathon arguments over court deference to federal agencies, to reconsider precedent empowering the so-called administrative state, the 5th Circuit has a suggestion: It may be time to revisit the 1935 Supreme Court decision that protects commissioners on powerful federal agencies from being fired at the whim of the president. Alison Frankel has the story on the 5th Circuit’s none-too-subtle hint to the justices in a case challenging the structure of the Consumer Product Safety Commission.
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“The victims and survivors of the mass shooting at Robb Elementary School deserved better.“
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—U.S. Attorney General Merrick Garland, who spoke after the DOJ released its report evaluating law enforcement’s response to the 2022 school shooting in Uvalde, Texas, which left 19 children and two teachers dead. The report called the response a failure, faulting officers for not immediately confronting the gunman, who was holed up in a set of adjoining classrooms with students and staff for 77 minutes.
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- Lawyers for cryptocurrency exchange Binance will urge a D.C. federal judge to dismiss the SEC’s fraud case. The SEC in June sued Binance, its then-CEO Changpeng Zhao and the operator of its purportedly independent U.S. exchange for allegedly operating a “web of deception.” The case is before U.S. District Judge Amy Berman Jackson.
- Harvard will urge Superior Court Judge Kenneth Salinger in Suffolk County, Massachusetts, to dismiss lawsuits by families who accuse the school of mishandling bodies donated to Harvard Medical School. The lawsuits say the bodies, intended to be used for education or research purposes, were stolen and sold by a network of individuals, including a former Harvard morgue manager now under federal indictment.
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Court calendars are subject to last-minute docket changes.
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- Mariah Carey fired back at a lawsuit over her holiday standard “All I Want for Christmas Is You,” calling a country singer’s claim that she copied his band’s song of the same name “not only false but frivolous.”
- The DOJ and several more states have joined a lawsuit challenging restrictions that the NCAA places on some students’ eligibility to play competitive sports when they transfer to a new school. A West Virginia federal judge has barred the NCAA from enforcing its rule, which can bar some transferring students from playing for up to a year, during the duration of the lawsuit.
- NorthShore University HealthSystem in Illinois agreed to pay $55 million to resolve a consumer class action that would mark the end of more than a decade of litigation over a 2000 merger with rival Highland Park Hospital. A spokesperson for NorthShore, now named Endeavor Health, in a statement said the resolution “allows us to continue focusing on providing exceptional care.”
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- Stacey Grigsby, a former deputy White House counsel, returned to Covington as a leader of the firm’s government litigation team. (Reuters)
- Norton Rose Fulbright hired two Chicago lawyers Joshua Lee and Edward Casmere, to co-lead the litigation practice in the city. The pair were founding partners of Riley Safer Holmes & Cancila, which was spun off from Schiff Hardin in 2016. (Reuters)
- King & Spalding hired energy and construction lawyer Terra Cothran as a partner in Houston. Cothran most recently was at Bechtel Energy, where she was a commercial manager and senior counsel. (King & Spalding)
- Crowell added Ruta Kalvaitis Skučas to its environment, energy and natural resources group. She most recently was at K&L Gates. (Crowell)
- Morrison Foerster picked up emerging companies and venture capital partners Chuck Cotter and Finity Jernigan in Denver. They most recently served as co-chairs of the food, beverage and consumer products group at Holland & Hart. (Morrison Foerster)
- Foley Hoag brought on a team of emerging company and venture capital lawyers, including partners Allie Clark and Rose Standifer, in Denver. The four-lawyer group arrives from Sage Law Group. (Foley Hoag)
- Bracewell hired Houston-based energy transition tax partner Jennifer Speck from Navigator CO2 Ventures, where she was senior manager of tax and regulatory compliance. (Bracewell)
- Bryan Cave Leighton Paisner added employment partner R. Nelson Williams in St. Louis. He previously was at Thompson Coburn, where he served as vice chair of the labor and employment group. (BCLP)
- Duane Morris hired trial partner Craig Warner in Dallas from Bell Nunnally. (Duane Morris)
- Clark Hill brought on partner Dabney Pettus to the firm’s litigation practice and admiralty and maritime group in Corpus Christi, Texas. Pettus arrives from Welder Leshin. (Clark Hill)
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