An Increasing Wedge Between Trump-Appointed Judges, GOP Colleagues: The Morning Minute
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April 20, 2022 at 06:00 AM
6 minute read
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WHAT WE'RE WATCHING
PARTY CRASHERS - It's common for judges appointed by presidents of the same party to disagree, but, as Law.com's Avalon Zoppo reports, some recent dissents have been infused with a little extra spiciness between Trump-appointed judges and their GOP colleagues. So what's behind these rifts? Legal experts and attorneys offered multiple potential explanations, including differing textual interpretations in individual cases and judges' changing values over time. But they've also pointed to an overall more ideologically driven judicial selection process under former President Trump as compared to, say, Reagan-era picks. For example, Trump, more so than Reagan, picked many judges with ties to the conservative legal group the Federalist Society, explained William & Mary Law School professor Neal Devins The group was founded in 1982, a year after Reagan took office. "[Reagan judges] were probably mellower to start with and are even mellower having aged in the process. Then you have these whippersnappers, these young Trump judges who are out to make a mark and came to the court through this more centralized mechanism," Devins said. "So it's not shocking that when Trump judges start … that they would be particularly energized to pursue legal policy objectives, and to show even other Republican judges that they speak the truth, because they're just more ideological in nature and they're younger."
MASK MAYHEM - Speaking of Trump-appointed judges making waves, this week's decision by U.S. District Judge Kathryn Kimball Mizelle of the Middle District of Florida to strike down the Biden administration's public transit mask mandate has divided court watchers. As Law.com's Cedra Mayfield reports, some lawyers see the lifted mandate as an appropriate remedy to the government's constitutional overreach, but others consider it a political power not vested in the public's best interest. Regardless, a wave of litigation appears imminent. Several lawyers took to Twitter following the ruling to advocate for the filing of class actions against airlines that ended their mask mandates mid-flight. Some attorneys, like Massachusetts lawyer Emily Galvin-Almanza, questioned the speed with which the policy change took effect, and the impact its swift implementation could have on unsuspecting customers. "It's really weird to me that no one had their lawyers / marketing / customer service department think about the best way to roll this out to customers, many of whom made decisions in reliance on mask policy," Galvin-Almanza tweeted. "Agree or disagree w the outcome, it's weird to go this fast in business."
WHO GOT THE WORK?℠ - Quinn Emanuel Urquhart & Sullivan partners Kevin P.B. Johnson, Matthew D. Robson, Isaac Nesser and Sandra L. Haberny have stepped in to represent Genevant Sciences GmbH in a patent lawsuit related to materials used in Pfizer's COVID-19 vaccine. The suit was filed March 18 in New York Southern District Court by Acuitas Therapeutics Inc., which licenses a lipid nanoparticle for use in the Pfizer vaccine. Acuitas, represented by Paul, Weiss, Rifkind, Wharton & Garrison, seeks a court order that its techniques do not infringe patents owned by Arbutus Biopharma Corp. and licensed to Genevant. The case, assigned to U.S. District Judge Edgardo Ramos, is 1:22-cv-02229, Acuitas Therapeutics Inc. v. Genevant Sciences GmbH et al. >>Read the complaint on Law.com Radar and check out the most recent edition of Law.com's Who Got the Work?℠ column to find out which law firms and lawyers are being brought in to handle key cases and close major deals for their clients.
SOLAR SECRETS - Fox Rothschild filed a trade secret lawsuit Tuesday in New Jersey District Court on behalf of Vision Solar. The complaint, which targets former high-ranking Vison Solar employee Michael Faunt, competitor Momentum Solar and its subsidiaries, arises from underlying litigation filed by Momentum accusing Vision Solar of hiring Momentum employees in breach of their restrictive covenants along with other claims. The defendants are accused of misappropriating confidential information in order to harm the plaintiff. Counsel have not yet appeared for the defendants. The case is 1:22-cv-02285, Vision Solar LLC v. Faunt et al. S tay up on the latest deals and litigation with the new Law.com Radar.
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EDITOR'S PICKS
Paraquat Litigation Surges in Delaware With Filing of Cases Against Syngenta, Chevron By Ellen Bardash |
As Metaverse Goes Mainstream, Firms Field More Sustainability Concerns By Isha Marathe |
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Michael G. Bongiorno, Andrew Scott Dulberg and Elizabeth E. Driscoll from Wilmer Cutler Pickering Hale and Dorr have stepped in to represent Symbotic Inc., an A.I.-enabled technology platform that focuses on increasing supply chain efficiency, and other defendants in a pending shareholder derivative lawsuit. The case, filed Oct. 2 in Massachusetts District Court by the Brown Law Firm on behalf of Stephen Austen, accuses certain officers and directors of misleading investors in regard to Symbotic's potential for margin growth by failing to disclose that the company was not equipped to timely deploy its systems or manage expenses through project delays. The case, assigned to U.S. District Judge Nathaniel M. Gorton, is 1:24-cv-12522, Austen v. Cohen et al.
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Edmund Polubinski and Marie Killmond of Davis Polk & Wardwell have entered appearances for data platform software development company MongoDB and other defendants in a pending shareholder derivative lawsuit. The action, filed Oct. 7 in New York Southern District Court by the Brown Law Firm, accuses the company's directors and/or officers of falsely expressing confidence in the company’s restructuring of its sales incentive plan and downplaying the severity of decreases in its upfront commitments. The case is 1:24-cv-07594, Roy v. Ittycheria et al.
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Amy O. Bruchs and Kurt F. Ellison of Michael Best & Friedrich have entered appearances for Epic Systems Corp. in a pending employment discrimination lawsuit. The suit was filed Sept. 7 in Wisconsin Western District Court by Levine Eisberner LLC and Siri & Glimstad on behalf of a project manager who claims that he was wrongfully terminated after applying for a religious exemption to the defendant's COVID-19 vaccine mandate. The case, assigned to U.S. Magistrate Judge Anita Marie Boor, is 3:24-cv-00630, Secker, Nathan v. Epic Systems Corporation.
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David X. Sullivan, Thomas J. Finn and Gregory A. Hall from McCarter & English have entered appearances for Sunrun Installation Services in a pending civil rights lawsuit. The complaint was filed Sept. 4 in Connecticut District Court by attorney Robert M. Berke on behalf of former employee George Edward Steins, who was arrested and charged with employing an unregistered home improvement salesperson. The complaint alleges that had Sunrun informed the Connecticut Department of Consumer Protection that the plaintiff's employment had ended in 2017 and that he no longer held Sunrun's home improvement contractor license, he would not have been hit with charges, which were dismissed in May 2024. The case, assigned to U.S. District Judge Jeffrey A. Meyer, is 3:24-cv-01423, Steins v. Sunrun, Inc. et al.
Who Got The Work
Greenberg Traurig shareholder Joshua L. Raskin has entered an appearance for boohoo.com UK Ltd. in a pending patent infringement lawsuit. The suit, filed Sept. 3 in Texas Eastern District Court by Rozier Hardt McDonough on behalf of Alto Dynamics, asserts five patents related to an online shopping platform. The case, assigned to U.S. District Judge Rodney Gilstrap, is 2:24-cv-00719, Alto Dynamics, LLC v. boohoo.com UK Limited.
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