An Exceedingly Impressive Group of Litigator of the (Past) Week Runners-Up and Shout Outs
Lawyers at Simpson Thacher & Bartlett and the Southern Poverty Law Center secured a ground-breaking ruling from the Fifth Circuit holding that a Mississippi law permanently disenfranchising people previously convicted of certain crimes amounted to unconstitutional cruel and unusual punishment.
August 16, 2023 at 07:25 AM
7 minute read
Our first runners-up this week are lawyers at Simpson Thacher & Bartlett and the Southern Poverty Law Center who secured a ground-breaking ruling from the Fifth Circuit holding that a Mississippi law permanently disenfranchising people previously convicted of certain crimes amounted to "cruel and unusual punishment." Not only does the ruling change the landscape for tens of thousands of Mississippians previously barred from voting, but it potentially paves a path for those who have served out their prison sentences but still face lifetime voting bans in 14 other states that have similar laws on the books. The successful Eighth Amendment challenge to the law—Section 241 of the Constitution of Mississippi of 1890—follows a separate lawsuit raising equal protection clause claims on behalf of the disenfranchised that was rejected by the Fifth Circuit and denied cert by the U.S. Supreme Court. But in a 2-1 decision on Aug. 3, Circuit Judge James Dennis wrote the following for the court's majority: "By severing former offenders from the body politic forever, Section 241 ensures that they will never be fully rehabilitated, continues to punish them beyond the term their culpability requires, and serves no protective function to society. It is thus a cruel and unusual punishment." The Simpson Thacher team was led by Jonathan Youngwood, global co-chair of the firm's litigation department, and included senior counsel Janet Gochman, pro bono attorney Nihara Choudhri and former counsel Isaac Rethy, who died unexpectedly while the case was pending.
Peter Karanjia, chair of the administrative law appellate practice at DLA Piper, and Melanie Walker, co-chair of the firm's corporate & securities litigation practice, get a runner-up spot for securing a federal preemption win for T-Mobile subsidiary MetroPCS. After a bench trial in May, U.S. District Judge James Donato in San Francisco on Aug. 4 found that resolutions adopted by the California Public Utilities Commission were preempted by federal law and issued an injunction permanently barring their enforcement against MetroPCS. The CPUC had been seeking to collect more than $220 million from the company in state surcharges, penalties, and interest under the challenged resolutions. The decision was also the first to address "reasonable" methods for telecommunications carriers to allocate their revenues—an issue with multimillion consequences in a variety of regulatory settings.
Also landing runners-up honors are lawyers at Kirkland & Ellis and Baker Botts who helped Pepsico Inc. beat back a trademark infringement challenge to its Mtn Dew Rise energy drinks brought by Rise Brewing, the maker of canned coffee-based and tea-based drinks. U.S. District Judge Lorna Schofield in Manhattan granted summary judgment to Pepsico on Aug. 2 citing a Second Circuit opinion that found that "the strong logical associations between 'Rise' and coffee represent weakness and place the mark at the low end of the spectrum of suggestive marks." The team previously secured the cited Second Circuit decision last year, which reversed an earlier preliminary injunction decision from Schofield siding with Rise Brewing in the case. The Kirkland team was led by Dale Cendali, Diana Torres, Allison Buchner, Lauren Schweitzer and Saghar Esfandiarifard. The Baker Botts team was led by Susan Kennedy, Paul Reilly and Monica Smith.
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Another Stellar Crop of Litigator of the Week Runners-Up and Shout-Outs
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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.
Who Got The Work
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.
Who Got The Work
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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