A federal jury in Philadelphia on Tuesday gazed at the googly eyes and blue fur of an attorney who donned the head of Sesame Street's Grover to tell them that performers wearing the fluorescent bodysuits of other beloved Muppets discriminated against children at a Pennsylvania theme park because of the color of their skin.
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THURSDAY, MAY 9, 2024 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Atty Dons Muppet Head To Open Sesame Place Race Bias Trial

By P.J. D'Annunzio

A federal jury in Philadelphia on Tuesday gazed at the googly eyes and blue fur of an attorney who donned the head of Sesame Street's Grover to tell them that performers wearing the fluorescent bodysuits of other beloved Muppets discriminated against children at a Pennsylvania theme park because of the color of their skin.

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Starbucks Can't End Investor Suit Over Union-Busting Stance

By Rachel Riley

A Washington state judge won't toss a shareholder suit accusing Starbucks' corporate leadership of diminishing stock values by allowing store managers to quash baristas' organizing efforts.

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Analysis

Hytera Sanctions Show Strength Of Antisuit Injunctions

By Dani Kass

The Seventh Circuit's decision upholding $1 million a day in sanctions against Hytera Communications for violating an order to drop trade secrets and copyright litigation in China highlights the difficulty for lawyers when working alongside Chinese courts, while affirming to patent attorneys how powerful antisuit injunctions can be.

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Colo. Judge Tells Cos. Their Warring Briefs Aren't Helping

By Thy Vo

A Colorado federal judge has warned a medical device distributor and a Stryker subsidiary warring over a $2.3 million sanctions request that neither of their briefs appeared to provide "meaningful assistance" to help him determine what to award.

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Yale Can View Deposition In Fraudulent Insemination Suit

By Brian Steele

Entities tied to Yale University can see a transcript of a deposition taken from a retired fertility doctor accused in two court actions of secretly using his own sperm for inseminations in the 1980s, as the school tries to shield itself from possible litigation, a Connecticut judge ruled Tuesday.

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Amazon Says Zulily Lacks Standing To Bring Antitrust Claims

By Hailey Konnath

Amazon is asking a Washington federal court to throw out now-defunct online retailer Zulily's lawsuit accusing it of using its monopoly power to shut out competition from other online retailers, arguing that Zulily merely "parrots" allegations made by regulators and has singled out "plainly procompetitive practice."

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LEGAL ETHICS & MALPRACTICE

Pashman Stein Sued For Malpractice Over Firm Breakup Work

By Jake Maher

A New Jersey intellectual property attorney facing claims from Pashman Stein Walder Hayden PC that he owes $88,000 in unpaid legal fees denied those allegations and countered with his own claims that Pashman Stein committed malpractice in representing him in the breakup of his old firm.

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Margolis Edelstein Gets Rehearing In Del. Malpractice Case

By Rose Krebs

Delaware's Supreme Court has granted Margolis Edelstein's bid for a rehearing by the full five-justice court of an April ruling that revived an insurer's malpractice suit claiming its incompetence caused the insurer to have to settle a case for $1.2 million.

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Law Firm Must Face COVID Test-Kit Fraud Suit, NJ Court Told

By Emily Sawicki

A medical supply business has urged a New Jersey federal court to reject a Texas law firm's bid to walk away from or transfer a more than $2.45 million lawsuit alleging it took part in a scheme to dupe the company into paying for COVID-19 test kits that were never delivered. 

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REAL ESTATE & DEVELOPMENT

Lender Shanks Bid To Halt Ga. Golf Course Auctions

By Chart Riggall

A Georgia federal judge on Tuesday denied successive efforts from a lender to wrest control of the assets of an Atlanta-area golf club owner, whom attorneys for the lender describe as a "serial fraudster" likely to abscond with his assets while still owing millions on a 2023 loan.

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ENERGY & ENVIRONMENTAL

Contract's 1-Year Limit Doesn't Block NC Mold Claims

By Mike Curley

A North Carolina appeals court on Tuesday reinstated a couple's suit against a contractor they say failed to remediate water and mold damage in their house, saying the trial court was wrong to find that the contract's one-year limitation on claims applied to the state's Unfair and Deceptive Trade Practices Act.

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PRODUCT LIABILITY

Policy Dispute Should Be Heard In Wash., Colo. Judge Says

By Hope Patti

A Colorado federal court has tossed an insurer's suit seeking a declaration that it doesn't owe $4 million in coverage to a climbing equipment manufacturer and its primary insurer, finding that a related case in Washington state court provides a better opportunity to resolve the parties' dispute.

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MEDIA & ENTERTAINMENT

Canadian Film Producer Skips Fla. Trial On Fraud Allegations

By David Minsky

A Canadian film producer accused of defrauding an investor out of more than $13 million to fund several productions was a no-show at his Florida federal civil trial on Tuesday after informing the court a day earlier that he wouldn't attend because he isn't represented by counsel.

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SPORTS & BETTING

Everton Investors Bemoan Soccer Team Sale Amid Fraud Suit

By Elaine Briseño

The Everton FC Shareholders Association wants to slam the brakes on the "farce" sale of its Premier League soccer team to private equity firm 777 Partners LLC, arguing they are not qualified owners, a demand that comes as the firm faces allegations of fraud.

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COMPETITION

Duke Energy Rival Stresses Holistic View Of Monopoly Suit

By Travis Bland

Duke Energy's contract snub and price drops reveal a bid to monopolize the North Carolina market when the conduct is viewed holistically rather than in piecemeal fashion, a rival told the Fourth Circuit on Tuesday in an attempt to revive antitrust claims.

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GOVERNMENT CONTRACTS

Lockheed Accused Of Causing $8.25M Damages In Ship Tests

By Alyssa Aquino

A marine transportation company took Lockheed Martin Corp. to Michigan federal court, accusing the defense contractor of negligently causing $8.25 million worth of damages to its dock while testing a naval combat vessel.

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Swiss Co. Says $8M Equatorial Guinea Award Is Valid

By Joyce Hanson

A Swiss clinic operator ousted from a hospital contract in Equatorial Guinea has asked the D.C. Circuit to affirm the enforcement of an $8 million arbitral award against the country, rebutting its argument that the company was required to litigate in the local courts first.

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HEALTH

Hospital Says Appellate Court Flubbed $1.9M Payout Review

By Ryan Harroff

A Connecticut hospital has asked the state's appellate court to hold a full court rehearing on its refusal to pause a $1.9 million prejudgment remedy the hospital was ordered to pay to a group of anesthesiologists pursuing billing claims against it, arguing the decision causes irreparable harm.

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TAX

NC Firm Beats Appeal In Fee Fight With Fla. Client

By James Boyle

A North Carolina state appeals court on Tuesday affirmed a lower court's denial of a motion to dismiss a breach-of-contract lawsuit filed by Raleigh-based law firm Wilson Ratledge PLLC, agreeing the fee dispute with two Florida-based companies falls under the state court's jurisdiction.

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EXPERT ANALYSIS

FTC Noncompete Rule May Still Face Historical Hurdles

The Federal Trade Commission's final rule banning noncompetes might face challenges that could have been avoided with more cautious consideration of the commission's long history of failed lawsuits that went beyond the agency's statutory authority, as well as the mountain of judicial precedent justifying noncompete agreements in employment contracts, say attorneys at BakerHostetler.

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Breaking Down 4th Circ. Pendent Appellate Jurisdiction Ruling

As illustrated by the Fourth Circuit's recent decision in Elegant Massage v. State Farm, denying class certification and granting a motion to dismiss, federal appellate courts continue to struggle with defining the scope of pendent appellate jurisdiction — or jurisdiction over nonfinal orders below, says Joan Steinman at the Chicago-Kent College of Law.

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LEGAL INDUSTRY

Analysis

In Story Of Sex And Lies, Can Cohen Write Final Chapter?

By Phillip Bantz

The Manhattan District Attorney's Office has told a story of scandal and scheming to the jury in Donald Trump's criminal hush money trial, setting the stage for the prosecution's star witness to take the stand and wrap up the narrative.

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Ex-McElroy Deutsch CFO Cops To $1.5M Theft From Firm

By George Woolston

McElroy Deutsch Mulvaney & Carpenter LLP's former chief financial officer admitted Wednesday to embezzling more than $1.5 million from the firm and failing to pay income tax, New Jersey Attorney General Matthew J. Platkin announced.

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Lewis Brisbois Atty Fatally Shot In McDonald's Altercation

By Ryan Boysen

A Lewis Brisbois Bisgaard & Smith LLP attorney was fatally shot at a McDonald's in Houston after reportedly stepping in as a good Samaritan and attempting to calm down an irate customer who'd been arguing with staff at the fast food restaurant.

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Titan Of The Plaintiffs Bar: Lieff Cabraser's Kelly Dermody

By Irene Spezzamonte

A semester off from Harvard University in the late 1980s meant for reflection instead turned into a pivotal moment in Kelly Dermody's life, settling the roots for her successful career during which she has become a lighthouse for employment and discrimination cases.

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ABA Will Study Rape Questions' Necessity For Bar Applicants

By Cara Bayles

An American Bar Association commission will issue a report and recommendations by August on the practice of requiring would-be lawyers to disclose and discuss their experiences of sexual violence during the attorney licensure process.

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ABA Directs Attys To Avoid Sharing Client Info On Listservs

By Emily Sawicki

It is in the best interest of clients for their legal counsel to avoid sharing information related to representation while seeking advice in an online listserv forum, if the comments or questions could be connected to a client's identity, according to American Bar Association guidance published Wednesday.

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Ga. Appeals Court Will Review Trump DQ Bid In Election Case

By Kelcey Caulder

The Georgia Court of Appeals on Wednesday agreed to review a judge's ruling allowing Fulton County District Attorney Fani T. Willis to continue prosecuting the election interference case she brought against former President Donald Trump.

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Fani Willis Is Outraising Primary Challenger More Than 5 To 1

By Chart Riggall

Less than two weeks from the first hurdle in her bid for reelection, Fulton County District Attorney Fani T. Willis is boasting a​​ campaign war chest more than five times heftier than her Democratic challenger's, according to campaign finance disclosures filed this week.

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Biden Picks US Magistrate Judge In Fla. For 11th Circ.

By Courtney Bublé

President Joe Biden announced Wednesday his intent to nominate U.S. Magistrate Judge Embry J. Kidd to the Eleventh Circuit.

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Robins Kaplan File Flub Bad Look For Both Sides, Panel Says

By Rachel Scharf

A Manhattan appeals panel expressed concern Wednesday that Robins Kaplan LLP had poked through an opposing party's Dropbox database that was accidentally shared in investor litigation, while also criticizing the other side for failing to catch the error.

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NJ Justices Approve Measures For Helping Atty Well-Being

By Emily Johnson

The New Jersey Supreme Court has accepted several recommendations from its committee focused on attorney well-being, paving the way for the committee to examine how attorneys can briefly postpone court dates or possibly receive an extension to meet deadlines so they can handle pressing wellness needs.

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Legal Access Program Being Set Up For Separated Families

By Alyssa Aquino

The Biden administration has tapped the Acacia Center for Justice to manage a court-ordered legal access program to help migrant families stay in the U.S. after they were separated under a Trump-era policy to prosecute anybody caught entering the country unlawfully.

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Colo. Judges Urge Attys To Take On More Pro Se Cases

By Thy Vo

A group of Colorado federal judges tried Wednesday to recruit more lawyers to help pro se litigants, who file about a third of the district's cases each year, with the judges recounting tactical mistakes and case delays that attorneys could have prevented.

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LAW FIRMS IN TODAY'S NEWS

Manfred Sternberg & Associates

Advisors LLC

Aidala Bertuna

Arnett Litigation

Bailey & Dixon

Baker & Hostetler

Bakos & Kritzer

Berman Rosenbach

Bilzin Sumberg

Bona Law PC

Bradley Arant

Brown Rudnick

Buchalter APC

Caldwell Carlson

Carmody Torrance

DLA Piper

Duane Morris

Ford O'Brien

Gibbons PC

Griffin Durham

Hamberger & Weiss

Hill Kertscher

Holland & Hart

Hughes Hubbard

Jenner & Block

Kellogg Hansen

King & Spalding

Koskoff Koskoff

Lavely & Singer

Law Office of Timothy F. McGoughran

Levin Sitcoff

Lewis Baach

Lewis Brisbois

Lieff Cabraser

Margolis Edelstein

McCarter & English

McElroy Deutsch

Mintz Levin

Morgan Lewis

Murphy Falcon

Nelson Mullins

Outten & Golden

Pashman Stein

Pierson Law LLC

Pillsbury Winthrop

Richards Carrington

Robbins LLP

Robins Kaplan

Ropes & Gray

Ruggeri Parks

Salmon Ricchezza

Scott&Scott

Seyfarth Shaw

Smith Anderson

Spector Gadon

Spencer Fane

Steptoe LLP

Sullivan & Cromwell

Tousley Brain

Trial Law Firm LLC

Troutman Pepper

Weitz & Luxenberg

Wheeler Trigg

Williams & Connolly

Wilson Ratledge

Wilson Sonsini

Zeiler Floyd

Zuckerman Spaeder

COMPANIES IN TODAY'S NEWS

777 Partners LLC

Amazon.com Inc.

American Bar Association

American Express Co.

Anchor Glass Container Corp.

BARBRI

Boise Cascade Co.

Center for Justice

Cornell University

Dollar Tree Inc.

DuPont de Nemours Inc.

Duke Energy Corp.

Getty Images Inc.

Griffin Hospital

Guangdong OPPO Mobile Telecommunications Corp. Ltd.

Harvard University

Home Box Office Inc.

L'Oreal SA

Lex Machina Inc.

LinkedIn Corp.

Lockheed Martin Corp.

Los Angeles Rams

McDonald's Corp.

Motorola Solutions Inc.

Netflix Inc.

New Jersey State Bar Association

New York University

North American Partners in Anesthesia LLP

O-I Glass Inc.

Ryan LLC

SeaWorld Parks & Entertainment Inc.

Sharp Corp.

Starbucks Corp.

State Farm Mutual Automobile Insurance Co.

Stryker Corp.

Telefonaktiebolaget LM Ericsson

The Goldman Sachs Group Inc.

The Leadership Conference on Civil & Human Rights

The State University of New York

Trump Organization Inc.

Twitter Inc.

Walmart Inc.

Warner Bros. Entertainment Inc.

Yale University

Zulily Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Executive Office of the President

Federal Bureau of Investigation

Federal Trade Commission

Georgia Supreme Court

Manhattan District Attorney's Office

National Labor Relations Board

New Jersey Supreme Court

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. District Court for the District of Columbia

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Pennsylvania

U.S. District Court for the Middle District of Alabama

U.S. District Court for the Northern District of Georgia

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Michigan

U.S. District Court for the Western District of New York

U.S. District Court for the Western District of Washington

U.S. Postal Service

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Colorado