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If SCOTUS finds SEC ALJ appointments unconstitutional, what happens to tainted cases?

The U.S. Supreme Court agreed Friday to hear Lucia v. Securities and Exchange Commission, in which the justices will decide whether the SEC’s bureaucratic hiring process for its administrative law judges violates the U.S. Constitution’s Appointments Clause (2017 WL 6383147). The government isn’t putting up much of a fight on that question. The Justice Department’s response to the Lucia petition at the Supreme Court(2017 WL 6383147) acknowledged that SEC ALJs wield enough authority to

Louis Vuitton spared from fee-shifting in 'obvious' parody case; appeal expected

Neither U.S. District Judge Jesse Furman nor the 2nd U.S. Circuit Court of Appeals thought much of Louis Vuitton’s trademark and copyright case against a small company that sold canvas tote bags riffing on Vuitton’s hallowed toile monogram design. Judge Furman granted summary judgment (156 F.Supp.3d 425) to My Other Bag in January 2016, holding that the canvas totes were an “obvious” parody that, if anything, enhanced the power of Vuitton’s brand. The 2nd Circuit affirmed (674 Fed.Ap

How an obscure SCOTUS employment ruling put the brakes on DACA rollback

U.S. Supreme Court precedent has a way of turning up in the most unexpected places. The latest example: A blockbuster immigration ruling on Tuesday turns on the Supreme Court’s 2016 decision about whether service advisers at a Mercedes-Benz dealership are entitled to sue for overtime.

Chiquita must face jury in Colombian terror-funding case - Miami judge

In a sweeping summary judgment opinion issued Wednesday, U.S. District Judge Kenneth Marra of West Palm Beach, Florida, rejected Chiquita’s attempt to head off a jury trial of claims the company is liable under the Anti-Terrorism Act for the deaths of six Americans killed by the Colombian paramilitary group Fuerzas Armadas Revolucionarias de Colombia (FARC).

New SCOTUS brief: no circuit split on standing in data breach class actions

Circuit splits, like beauty, can be in the eye of the beholder.

At heart of FDIC’s win v. PwC, an unsettled theory

The accounting giant PricewaterhouseCoopers is facing hundreds of millions of dollars in exposure to the Federal Deposit Insurance Corporation after U.S. District Judge Barbara Rothstein ruled last week that PwC negligently failed to uncover a $2.3 billion fraud scheme between PwC audit client Colonial Bank, now in FDIC receivership, and the now bankrupt mortgage lender Taylor, Bean & Whitaker. PwC already paid an undisclosed amount in 2016 to settle related claims by Taylor Bean's

Facing contingency fee cap in NFL concussion case, lawyers push back

Lawyers deserve to be paid for their work. Contingency fee lawyers, who assume the risk that their clients’ cases will flop, deserve to be rewarded when their clients win. That’s how our system assures access to the courts for people who can’t afford to pay hourly rates.

Prominent shareholder firm must face fee-splitting claims: Penn. Supreme Court

The justices of the Pennsylvania Supreme Court’s Eastern District couldn't quite agree on why a law firm shouldn’t be allowed to duck behind ethics rules to avoid liability under an unethical fee-splitting contract. The six justices who heard the case of a consultant who claims Barrack Rodos & Bacine reneged on an oral contract to pay him a share of its profits produced four different opinions Tuesday as they attempted to figure out whether the public’s best interest lies in a hard-a

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Viewsroom: Wells Fargo stagecoach hits a ditch

The bank that steered clear of the financial crisis breaks down after creating 2 mln fake accounts. New evidence undermines Donald Trump's claims few benefit from the U.S. economic recovery. And why Hanjin's corporate capsize may prompt attempts to fix to shipping-industry woes.

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