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The U.S. Supreme Court today confronts a major test of the power of the presidency in arguments over Donald Trump’s bid for immunity from prosecution for his efforts to overturn his 2020 election defeat, our colleagues John Kruzel and Andrew Chung report.
The justices will hear Trump’s appeal after lower courts rejected his request to be shielded from four election-related criminal charges on the grounds that he was serving as president when he took the actions that led to the indictment obtained by Special Counsel Jack Smith. Trump, the Republican candidate challenging Democratic President Joe Biden in the Nov. 5 election, is the first former U.S. president to be criminally prosecuted.
Trump has pleaded not guilty in this case and in three other criminal cases he faces, including an ongoing trial on New York state charges related to hush money paid to a porn star shortly before the 2016 U.S. election that put him in the White House. Trump will not be attending the Supreme Court arguments because he will be in a Manhattan courtroom in that case.
The court already this year has given Trump one major victory as he runs to regain the presidency. Not since its landmark Bush v. Gore decision, which handed the disputed 2000 U.S. election to Republican George W. Bush over Democrat Al Gore, has the court played such an integral role in a presidential race.
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- The University of Virginia School of Law sent the most JD grads on to full-time, permanent jobs that require bar passage for the second year in a row. See the other schools that made the top of the list.
- Eight plaintiffs’ lawyers have been picked for leadership roles in an MDL over claims that Novo Nordisk and Eli Lilly failed to warn of the risks of harsh side effects associated with blockbuster diabetes and weight loss drugs including Ozempic, Wegovy and Mounjaro. Alex Walsh of Walsh Law said the order from U.S. District Judge Gene Pratter was “unusual” in that it did not appoint lead counsel, instead leaving it up to the attorneys to decide the details of the leadership structure and allowing them to choose additional committee members for a maximum of 25.
- Trump’s attorney Todd Blanche took a risk giving up a plush career at Cadwalader to become the first attorney in history to defend a former U.S. president at a criminal trial, and he felt the heat almost immediately when a judge questioned his credibility. Blanche, a former federal prosecutor, is lead lawyer defending Trump in his trial on charges stemming from hush money paid to a porn star. He is also handling several other criminal cases for Trump, who is known for cycling through lawyers. Here’s what to know about Blanche.
- Biden ended his bid to confirm April Perry to serve as Chicago’s top federal prosecutor and nominated her instead to become a judge, after a Republican senator blocked her and other DOJ nominees in protest of the federal prosecution of Trump. Perry, who was nominated last year to become the first woman to serve as the new U.S. Attorney for the Northern District of Illinois, was among seven new nominees to serve as life-tenured district court judges announced by the White House.
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Two lawsuits filed within hours of the FTC vote to bar almost all employee noncompete agreements offer courts a veritable smorgasbord of rationales for blocking the new rule, from the FTC’s alleged failure to consider less sweeping alternatives to its purported violation of a recently-adopted U.S. Supreme Court doctrine restricting federal agency forays into uncharted areas. One long-shot argument in the new lawsuits, writes Alison Frankel, threatens to erode the bedrock of the administrative state.
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“Rest assured – we aren’t going anywhere.“
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- Massachusetts Attorney General Andrea Campbell faces a final hearing before taking Uber and Lyft to trial in a lawsuit challenging their classification of drivers as independent contractors instead of employees entitled to sick time and other benefits. The trial is slated to begin on May 13 in Massachusetts state court.
- The D.C. Circuit is scheduled to hear oral argument in animal rights group PETA’s bid to revive its lawsuit alleging the National Institutes of Health censors speech that is critical of the agency’s role in animal testing by using keyword blocking tools on its Facebook and Instagram accounts in violation of the First Amendment. A lower court judge last year granted the government’s bid for summary judgment.
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Court calendars are subject to last-minute docket changes.
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- A Washington state judge nearly halved a $857 million verdict against Bayer’s Monsanto in a lawsuit over chemical pollution at a Seattle-area school, ruling that the company should pay $438 million instead.
- U.S. Supreme Court justices, wading back into the battle over abortion access, appeared divided in a case pitting Idaho’s strict Republican-backed abortion ban against a federal law that ensures that patients can receive emergency care.
- The 9th Circuit rejected Starbucks’ claims that an election won by a union at the coffee company’s flagship Seattle store was invalid because it was held via mail ballot during the COVID-19 pandemic. A three-judge panel upheld an NLRB decision that said the company, which is facing a nationwide union organizing campaign, must recognize and bargain with the store’s union, which represents nearly 100 workers.
- The California Institute of Technology agreed to drop its lawsuit accusing HP of infringing patents related to wireless communications. Caltech and HP said in a Texas federal court filing that they would dismiss the case with prejudice.
- The 1st Circuit revived a lawsuit accusing Whole Foods of illegally firing a worker who refused to remove her “Black Lives Matter” facemask and complained about racism at the upscale grocery chain. The court said the firing of Savannah Kinzer, an outspoken critic who worked in a Cambridge, Massachusetts, store, “arguably deviated” from Whole Foods’ disciplinary process.
- A Russian court ordered the seizure of funds in JPMorgan Chase bank accounts in Russia, court filings showed, in a lawsuit filed by state-owned bank VTB as it seeks to regain funds blocked abroad. JP Morgan Chase last week sued VTB in New York to halt its efforts to recover $439.5 million from an account that was blocked after Russia dispatched its army to Ukraine in 2022 and VTB was hit with sanctions.
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- Stradley Ronon is opening an office in Long Beach, California, with a 10-lawyer team from Keesal, Young & Logan. The group includes Esther Cho, who was chair of her former firm’s executive committee, as well as partners David Piper, Neal Robb, Melanie Ronen and Bentley Stansbury. (Stradley Ronon)
- Seyfarth Shaw hired corporate partner Michael Delaney in Atlanta from Bryan Cave Leighton Paisner. (Seyfarth)
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Cybersecurity and other aspects of managing information systems require effective governance and compliance processes to satisfy increasing legal requirements and to ensure efficient business operations, writes John Bandler of Bandler Law Firm.
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