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Good morning. Three people are making their Supreme Court debuts this morning – including the son of one late justice, a Stanford Law professor and a familiar figure from #appellatetwitter. Plus, Paul Weiss is fighting to stay on the Google ad antitrust case, and General Dynamics and Huntington Ingalls face allegations of an industry-wide conspiracy. Thanks for being here.
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SCOTUS to hear from familiar names, but new faces, in argument debuts
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Gibson, Dunn & Crutcher partner Eugene Scalia will make his U.S. Supreme Court debut today. Caroline Brehman/Pool via REUTERS
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The U.S. Supreme Court often sees familiar faces at the lectern, as members of a small group of attorneys return to the court over and over. But today, three lawyers — including Gene Scalia, whose father was the late Justice Antonin Scalia — will appear for the first time to argue before the justices.
Gene Scalia, a Trump-era Labor secretary and Gibson Dunn regulatory and financial services veteran, did not appear at the court while his father was on the bench. Scalia will face off for UBS in a whistleblower case against Stanford Law’s Easha Anand, representing a former bond strategist and also making her debut argument appearance. Anand clerked for Justice Sonia Sotomayor at the high court and for former 9th Circuit Judge Paul Watford. The DOJ’s Anthony Yang will argue as a friend-of-the-court in support of the former UBS employee. Yang is a longtime DOJ appellate lawyer who has argued more than 35 cases.
The justices will also hear from longtime appellate lawyer but first-time advocate Howard Bashman in another case today. Bashman, who writes the popular legal industry website How Appealing, will represent Raiders Retreat Realty in its insurance claim for a yacht that ran aground. Bashman argued the case in the 3rd Circuit and worked with a team at the high court that included Jenner’s Adam Unikowsky. Bashman will face Jeffrey Wall of Sullivan & Cromwell, a former Trump-era acting U.S. solicitor general at the DOJ who has argued 30 cases at the high court. Wall represents Great Lakes Insurance, which has denied coverage.
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- Government contractor Peraton sued ArentFox Schiff for allegedly failing to disclose that it was preparing a lawsuit against it on behalf of the contractor’s business rival. The law firm was accused of secretly feeding information to Peraton competitor CACI while representing Peraton in other matters. In response, the firm said the government contractor “knowingly consented to the firm pursuing litigation against it.” (Reuters)
- Lawyers for Paul Weiss at WilmerHale asked U.S. District Judge Leonie Brinkema in Alexandria, Virginia, to deny Yelp’s effort to disqualify the law firm from representing Google in the DOJ’s antitrust suit over digital advertising practices. Paul Weiss, lead counsel for Google in the litigation, contends its prior work for Yelp is not related to the government’s allegations. (Reuters)
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Matt Kartozian-USA TODAY Sports
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That’s how much in legal fees U.S. District Judge Jesus Bernal in Riverside, California, awarded to Monster Energy in a dispute with rival Bang Energy over Bang’s alleged false advertising of its energy drinks. Bernal also said Monster was owed more than $22 million in additional damages, on top of its $175 million award for trademark infringement against Bang. Monster has since acquired Bang, which declared bankruptcy shortly after the false-advertising verdict last October. The new awards increase Monster’s damages total in the case to $336 million. That amount marks one of the largest in the history of federal trademark law.
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In terms of effect, there’s not much difference between a claim that has been dismissed by both parties in a joint stipulation and a claim that has been formally abandoned by the plaintiff after notification to the defense. In both scenarios, the two sides have agreed not to continue contesting the claim. But in the 11th Circuit, only one scenario gives the court jurisdiction. Alison Frankel explains this curious conundrum, which emerged in a ruling on Friday.
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“The goal here is not to set a record for the longest trial.”
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— U.S. District Judge Lewis Kaplan, at a sidebar conference away from jurors in the prosecution of FTX founder Sam Bankman-Fried on fraud charges in Manhattan federal court. Kaplan, a senior judge known for his no-nonsense demeanor on the bench, has scolded the 31-year-old former billionaire’s defense lawyers for asking repetitive questions. The trial of Bankman-Fried, who has pleaded not guilty, is scheduled to resume this morning. Kaplan’s dry sense of humor has provided the occasional moment of levity.
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- Donald Trump’s civil fraud trial resumes in New York state court before Justice Arthur Engoron. The trial will determine how much Trump, 10 of his companies, and his two adult sons must pay in penalties for allegedly inflating his net worth to secure more favorable loan terms. Attorney General Letitia James is seeking at least $250 million in fines, a permanent ban against Trump and his sons Donald Jr and Eric from running businesses in New York and a five-year commercial real estate ban against Trump and the Trump Organization. Trump has denied wrongdoing and said the case is part of a political witch hunt.
- In Arizona federal court, U.S. District Judge David Campbell will weigh Walgreens’ plan to pay $44 million to resolve private civil claims against the retail pharmacy over the Theranos blood-testing kit scandal. The deal would resolve allegations filed in consumer class actions over what the plaintiffs called “experimental” test kits sold by Walgreens. Theranos CEO Elizabeth Holmes was convicted on fraud and other charges and is serving a prison term of more than 11 years. The class is represented by plaintiffs’ firms Keller Rohrback and Lieff Cabraser. Walgreens has denied any liability.
- Closing arguments are expected in Colorado state court in the trial of two police officers charged in the killing of Elijah McClain, a young Black man who died after being roughly restrained and injected with the sedative ketamine. In the first of three trials in the case, prosecutors have argued that officers Randy Roedema and Jason Rosenblatt unnecessarily brutalized McClain. Roedema and Rosenblatt, who are charged with reckless manslaughter and second-degree assault, have said paramedics are responsible for McClain’s death.
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Court calendars are subject to last-minute docket changes.
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- Ship builders General Dynamics and Huntington Ingalls were hit with an antitrust lawsuit from naval engineers who claim an industry-wide conspiracy has curtailed job mobility and suppressed wages by hundreds of millions of dollars. The complaint was filed by plaintiffs’ firms including Cohen Milstein; Hagens Berman; and Handley Farah & Anderson. (Reuters)
- General Electric will pay $61 million to settle claims that an underperforming employee retirement plan managed by a former subsidiary cost workers millions of dollars. The plaintiffs in the 2017 class action in Boston federal court said it was the largest settlement ever in a lawsuit alleging a retirement plan improperly offered proprietary funds. The deal must be approved by a federal judge. (Reuters)
- U.S. District Judge William Alsup threw out a $32.5 million verdict for wireless-audio company Sonos against rival Google after finding that the Sonos patents at the heart of the case were unenforceable. Alsup said that Sonos had improperly tried to connect its patents for multi-room audio technology to a 2006 application to claim that its inventions predated Google’s devices. Sonos said it will appeal. (Reuters)
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