The NRA's Case Against Winston & Strawn, Will an $80M Roundup Verdict Stick?, Delaware's Juries Report for Duty: The Morning Minute
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October 26, 2020 at 06:00 AM
4 minute read
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WHAT WE'RE WATCHING
NRA V. WINSTON & STRAWN - The National Rifle Association can move forward with its claims of unjust enrichment against Winston & Strawn, after an email revealed undisclosed ties between a partner within the firm and a neutral in an arbitration, Patrick Smith reports. A racist email forwarded to several dozen people from retired Cook County Circuit Court Judge Richard Neville of JAMS revealed that Winston partner Terry Grimm was a "golfing buddy" of Neville's, throwing the neutral's determination in an underlying dispute between the NRA and one of Winston's clients into question. The NRA claims that if its counsel wasn't also included on the email chain, it would have never found out about Neville and Grimm's association, which the group says should have been disclosed before Neville took on the case.
$80M ROUNDUP REVERSAL? – During a lengthy virtual hearing, a panel for the U.S. Court of Appeals for the Ninth Circuit didn't sound too inclined to reverse an $80 million Roundup verdict on the basis of preemption, reports Amanda Bronstad. However, one judge on the panel did question whether U.S. District Judge Vince Chhabria of the Northern District of California should have allowed plaintiffs' experts with "shaky" but "admissible" evidence into trial. Monsanto attorney Seth Waxman, who is a former U.S. Solicitor General now at Wilmer Cutler Pickering Hale and Dorr, noted that the district judge acknowledged that other courts might not have allowed the evidence.
DELAWARE'S JURIES RETURN – Monday will be the first time since March that potential jurors are scheduled to show up at the Kent County Courthouse in Dover, Delaware, reports Ellen Bardash. Delaware's courts are in the third stage of a four-phase reopening plan, but criminal trials are scheduled to kick off in the rest of the state in the next two weeks. Initially, only one trial per county will be held each week, with a priority given to criminal cases, as some counties have a limited number of courthouses that can accommodate social distancing.
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