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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J. Brugh Lower of Gibbons has entered an appearance for industrial equipment supplier Devco Corporation in a pending trademark infringement lawsuit. The suit, accusing the defendant of selling knock-off Graco products, was filed Dec. 18 in New Jersey District Court by Rivkin Radler on behalf of Graco Inc. and Graco Minnesota. The case, assigned to U.S. District Judge Zahid N. Quraishi, is 3:24-cv-11294, Graco Inc. et al v. Devco Corporation.
Who Got The Work
Rebecca Maller-Stein and Kent A. Yalowitz of Arnold & Porter Kaye Scholer have entered their appearances for Hanaco Venture Capital and its executives, Lior Prosor and David Frankel, in a pending securities lawsuit. The action, filed on Dec. 24 in New York Southern District Court by Zell, Aron & Co. on behalf of Goldeneye Advisors, accuses the defendants of negligently and fraudulently managing the plaintiff's $1 million investment. The case, assigned to U.S. District Judge Vernon S. Broderick, is 1:24-cv-09918, Goldeneye Advisors, LLC v. Hanaco Venture Capital, Ltd. et al.
Who Got The Work
Attorneys from A&O Shearman has stepped in as defense counsel for Toronto-Dominion Bank and other defendants in a pending securities class action. The suit, filed Dec. 11 in New York Southern District Court by Bleichmar Fonti & Auld, accuses the defendants of concealing the bank's 'pervasive' deficiencies in regards to its compliance with the Bank Secrecy Act and the quality of its anti-money laundering controls. The case, assigned to U.S. District Judge Arun Subramanian, is 1:24-cv-09445, Gonzalez v. The Toronto-Dominion Bank et al.
Who Got The Work
Crown Castle International, a Pennsylvania company providing shared communications infrastructure, has turned to Luke D. Wolf of Gordon Rees Scully Mansukhani to fend off a pending breach-of-contract lawsuit. The court action, filed Nov. 25 in Michigan Eastern District Court by Hooper Hathaway PC on behalf of The Town Residences LLC, accuses Crown Castle of failing to transfer approximately $30,000 in utility payments from T-Mobile in breach of a roof-top lease and assignment agreement. The case, assigned to U.S. District Judge Susan K. Declercq, is 2:24-cv-13131, The Town Residences LLC v. T-Mobile US, Inc. et al.
Who Got The Work
Wilfred P. Coronato and Daniel M. Schwartz of McCarter & English have stepped in as defense counsel to Electrolux Home Products Inc. in a pending product liability lawsuit. The court action, filed Nov. 26 in New York Eastern District Court by Poulos Lopiccolo PC and Nagel Rice LLP on behalf of David Stern, alleges that the defendant's refrigerators’ drawers and shelving repeatedly break and fall apart within months after purchase. The case, assigned to U.S. District Judge Joan M. Azrack, is 2:24-cv-08204, Stern v. Electrolux Home Products, Inc.
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