Will COVID Backlogs Impact Appellate Caseloads?: The Morning Minute
The news and analysis you need to start your day.
December 27, 2022 at 06:00 AM
4 minute read
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WHAT WE'RE WATCHING
CLOGGED COURTS? - Lawyers and judges are wondering if an uptick in appeals is coming as trials continue working through backlogs. Berkeley law professor Jeremy Fogel told Law.com's Avalon Zoppo that a recent study suggests that an anticipated surge in appeals may not materialize since district court backlogs aren't as severe as expected in the earlier days of the pandemic, when jury trials were halted across the country. The report by the Federal Judicial Center, which came out last month, found that there were fewer pending criminal defendants and civil cases on the federal docket than expected by mid-March 2022, based on pre-pandemic trends. But an increase in federal appeals resulting from trial courts working through pandemic backlogs is still possible and would likely vary court to court, Fogel said. The FJC study found about two-fifths of all districts had more pending cases than expected by the end of the pandemic's second year.
'A LONG WAY TO GO' - Law firms have found that they can't ignore the ongoing mental health crisis in the profession, particularly as it has an increasing impact on retention rates. But, as Law.com's Alexander Lugo reports, an end-of-the-year uptick in stressors serves as a reminder that there's more to be done. An ALM Intelligence survey shows that more than 30% of responding lawyers have felt depression since 2019. More than half of the same respondents reported that not being able to disconnect, pressure from billable hours, lack of sleep and client demands all contributed to a negative mental state.
ON THE RADAR - JPMorgan Chase filed a securities fraud lawsuit against Charlie Javice, Olivier Amar and other defendants on Thursday in Delaware District Court in connection with the plaintiff's $175 million purchase of the defendants' college financial aid business TAPD Inc. d/b/a Frank. The suit, brought by Potter Anderson & Corroon and Hogan Lovells, accuses the defendants of falsifying the number of students who had opened Frank accounts. Counsel have not yet appeared for the defendants. The case is 1:22-cv-01621, JPMorgan Chase Bank N.A. v. Javice et al. Stay up on the latest deals and litigation with the new Law.com Radar.
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EDITOR'S PICKS
How Did Mass Tort Bankruptcies Fare in 2022? Wait and See By Amanda Bronstad |
MPRE National Mean Score on Par with Last Year's Outcomes By Christine Charnosky |
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Who Got The Work
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.
Who Got The Work
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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