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SpaceX hit back at the NLRB a day after the agency said the rocket and satellite maker illegally fired workers who were critical of the company’s owner Elon Musk, our colleague Daniel Wiessner reports. Lawyers for SpaceX at Morgan Lewis want a Texas federal judge to block the labor agency’s administrative case.
SpaceX in a complaint filed in Brownsville, Texas, federal court claimed the NLRB’s structure violates the U.S. Constitution. SpaceX recently made a similar argument to thwart an administrative case by the DOJ, which claimed the company illegally refused to hire refugees and asylum recipients.
In the labor case, the NLRB claims SpaceX violated federal law by firing eight workers in 2022 for signing onto a letter that accused Musk of making sexist comments that went against company policies. An NLRB spokeswoman declined to comment. The Morgan Lewis team for SpaceX includes former NLRB member Harry Johnson III.
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- Donald Trump’s lawyers want U.S. District Judge Tanya Chutkan to hold U.S. Special Counsel Jack Smith in contempt of court, accusing his office of violating an order pausing activity in its prosecution of the former president for trying to overturn his 2020 election defeat.Trump’s team said prosecutors working on the case have released evidence to Trump, in violation of an order from Chutkan to pause the litigation.
- Quinn Emanuel opened an office in Wilmington, Delaware, that will be led by Michael Barlow, who has joined the firm from Abrams & Bayliss. Barlow previously served as chief of staff and chief legal counsel to former Delaware Governor Jack Markell and for years has worked alongside Quinn Emanuel lawyers on cases in the Delaware Court of Chancery.
- Soon-to-be former Louisiana Gov. John Bel Edwards is joining Fishman Haygood as a special counsel when he leaves office at the end of this week. His work at the firm will focus on renewable energy.
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That’s how much New York City said it was seeking in damages in a lawsuit accusing 17 bus companies of violating state law by transporting more than 33,000 migrants to the city from Texas. The city said its damages were the cost to provide shelter and services to the migrants over the last two years. The busing of immigrants was part of a campaign by Texas Republican Governor Greg Abbott to expel people who cross the U.S.-Mexico border illegally. The lawsuit accuses charter bus operators that contracted with Texas of violating a 19th-century New York law.
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It’s been a tough few months for social media platforms that have long relied on the federal law immunizing them from liability for content posted by their users. Alison Frankel delves into a recent spate of wins for plaintiffs suing the platforms, including a decision this week that allows the parents of children who allegedly used Snap to buy fentanyl-laced drugs to move forward. The through-line, Frankel writes, is that plaintiffs are learning to frame cases to get past Section 230 of the Communications Decency Act.
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“What process do you think you were due?“
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—U.S. District Judge William Young, who questioned former federal public defender Caryn Strickland at the end of the trial over her lawsuit accusing the judiciary of mishandling her complaint of workplace harassment. Young questioned Strickland, who represented herself with her husband, over her claim that officials botched the handling of her complaint by not disqualifying the then-top federal prosecutor in the Western District of North Carolina from reviewing it.
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- In New York, 2nd Circuit Judges Steven Menashi, Eunice Lee and Sarah Merriam will hear arguments in disgraced celebrity lawyer Michael Avenatti’s bid to overturn his 2022 conviction and four-year prison sentence for defrauding his best-known client, porn star Stormy Daniels, out of a book contract. Avenatti represented Daniels as she tried to nullify a non-disclosure agreement with ex-President Donald Trump.
- The American Hospital Association faces a deadline in Texas federal court to file its motion for summary judgment in its lawsuit over a U.S. Department of Health and Human Services policy banning hospitals and healthcare providers from using common web tracking devices on their websites. The policy deems the trackers a violation of patient privacy. The AHA, which represents thousands of hospitals nationwide, has argued HHS overstepped its authority when it issued the guidance and said its members need the trackers to help potential patients find information and appointments on their sites.
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Court calendars are subject to last-minute docket changes.
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- Botox maker Allergan can pursue damages against rival Revance for alleged theft of corporate secrets, a federal judge ruled. Revance’s lawyers has urged U.S. District Judge Eli Richardson in Nashville to dismiss what it called “nonsensical” allegations.
- Two couples sued fertility technology company CooperSurgical in California state court, claiming that a solution made by the company for growing embryos for in vitro fertilization was toxic and killed the embryos they hoped to use to have children. An attorney for the couples, Adam Wolf of Peiffer Wolf Carr Kane Conway & Wise, said he expected more cases to be filed. CooperSurgical declined to comment on the lawsuits but said it had issued a recall for the solution while it investigates.
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- White & Case hired Taurie Zeitzer in New York as a co-head of its global private equity industry group. Zeitzer was previously at Paul Weiss. (Reuters)
- BakerHostetler brought on Melissa Leonard as a mergers and acquisitions partner in Cleveland. Leonard was most recently general counsel to Lordstown Motors. (BakerHostetler)
- Former SEC senior counsel Lance Jasper joined Akin as a partner in Los Angeles. (Akin)
- K&L Gates added Vishal Mehta as D.C.-based antitrust, competition and trade regulation partner from Morrison & Foerster. (K&L Gates)
- Quarles & Brady picked up partner Tim Brinkley for its Chicago office, where he’ll be part of the franchise and distribution and business law practice groups. Brinkley was previously deputy general counsel at Subway. (Quarles)
- Dave Selden joined Cooley’s fund formation practice as a partner based in New York. He was previously with PricewaterhouseCoopers. (Cooley)
- Troutman Pepper added David Dove as head of the firm’s regulatory and state economic investment practice in Georgia. He was previously executive counsel to Georgia Governor Brian Kemp. (Troutman)
- Greenberg Traurig hired litigator Louis Lopez in the firm’s Phoenix office from Fennemore. (Greenberg Traurig)
- Blank Rome picked up partner Andrew Kopsidas for the firm’s intellectual property litigation group. He was previously at Hughes Hubbard & Reed. (Blank Rome)
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Correction: Thursday’s edition of the Daily Docket incorrectly named the state where former federal public defender Caryn Strickland worked. It was North Carolina, not South Carolina.
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