A Fresh Batch of Litigator of the Week Runners-Up and Shout Outs
This week's runners-up feature cases from Kaplan Hecker & Fink, Orrick, and a team effort from Latham, S&C, and Quinn Emanuel.
October 30, 2020 at 07:25 AM
3 minute read
We have another strong slate of runners-up and shout outs this week, so let's get right to it.
Roberta Kaplan and Joshua Matz of Kaplan Hecker & Fink secured denial of the Justice Department's motion to substitute the United States of America as the defendant in E. Jean Carroll v. Donald J. Trump. The pair originally filed the defamation case in state court for Carroll, who claims the president sexually assaulted her in a New York department store 25 years ago. She seeks to hold Trump accountable in his personal capacity for saying she was lying and motivated by money. U.S. District Judge Lewis Kaplan in Manhattan on Monday wrote that accepting the DOJ's argument that the president was acting within the scope of his employment would mean that a president is free to "defame anyone who criticizes his conduct or impugns his character—without adverse consequences to that president and no matter what injury he inflicts on the person defamed."
Also in New York federal court, a team from Orrick, Herrington & Sutcliffe led by partner Amy Walsh and Pro Bono Counsel Rene Kathawala teamed with David Brody with the Lawyers' Committee for Civil Rights Under Law to get a court order shutting down a robocalling operation run by political operative Jacob Wohl and lobbyist Jack Burkman aimed at discouraging Black voters from submitting their ballots via mail. U.S. District Judge Victor Marrero rejected the defendants' First Amendment defense. "The First Amendment cannot confer on anyone a license to inflict purposeful harm on democratic society or offer refuge for wrongdoers seeking to undermine bedrock constitutional principles," he wrote. The Orrick team also included associate Rachelle Navarro, who argued the motion for a temporary restraining order, and her colleagues Julie Gorchkova, Spencer Bruck, Aaron Gold and Michael Maruca.
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Who Got The Work
Burr & Forman partner Garry K. Grooms has entered an appearance for 4M Acquisitions and Wallace D. Tweden in a pending environmental lawsuit. The action, filed July 22 in Tennessee Middle District Court by the McKellar Law Group and Mark E. Martin LLC on behalf of Tennessee Riverkeeper, contends that the defendant's violated the Clean Water Act and Tennessee Water Quality Control Act by allowing for the discharge of pollutants into waters of the U.S. without obtaining a National Pollutant Discharge permit. The case, assigned to U.S. District Judge Aleta A. Trauger, is 3:24-cv-00886, Tennessee Riverkeeper, Inc. v. Tweden et al.
Who Got The Work
Ramsey M. Al-Salam, Gene W. Lee and Stevan R. Stark of Perkins Coie have entered appearances for R-Pac International in a pending patent infringement lawsuit. The case, filed Aug. 12 in New York Southern District Court by PinilisHalpern LLP and Friedman Suder & Cooke on behalf of Adasa Inc, asserts a single patent related to wireless sensors used for tagging products. The case, assigned to U.S. District Judge Alvin K. Hellerstein, is 1:24-cv-06102, Adasa Inc. v. R-Pac International LLC.
Who Got The Work
Walmart has tapped lawyer Nicole M. Wright of Zausmer PC to defend a pending product liability lawsuit. The action was filed Aug. 12 in Michigan Eastern District Court by Wolfe Trial Lawyers on behalf of a plaintiff claiming burns from a defective propane tank. The case, assigned to U.S. District Judge Matthew F. Leitman, is 2:24-cv-12100, Hill v. Ferrellgas, Inc. et al.
Who Got The Work
Kevin Simpson and James Randall of Winston & Strawn have stepped in to represent Comcast in a pending consumer class action. The case, filed Aug. 11 in Georgia Northern District Court by Kaufman PA, contends that the defendant placed pre-recorded debt collection phone calls to the plaintiff in violation of the Telephone Consumer Protection Act. The case, assigned to U.S. District Judge J.P. Boulee, is 1:24-cv-03553, Pond v. Comcast Cable Communications LLC.
Who Got The Work
Potter Anderson & Corroon partners Christopher N. Kelly and Kevin R. Shannon have stepped in to represent cloud computing company Fastly and its top executives in a pending shareholder derivative lawsuit. The complaint, filed Aug. 23 in Delaware District Court by deLeeuw Law and Bragar Eagel & Squire on behalf of Mark Sweitzer, accuses the defendant of failing to disclose that revenue growth in 2023 was primarily driven by a 'consolidation trend' in which companies simplified operations by reducing the number of content delivery network vendors under management, thereby reducing competition and increasing the defendant's market share. The case, assigned to U.S. District Judge Gregory B. Williams, is 1:24-cv-00969, Sweitzer v. Nightingale et al.
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