Month: February 2023

OPINION ANALYSIS By Ronald Mann on Feb 28, 2023 at 6:54 pm Tuesday’s 5-4 ruling in Bittner v. United States sharply divided the justices, with an odd lineup supporting Justice Neil Gorsuch’s opinion: Chief Justice John Roberts and Justices Samuel Alito, Brett Kavanaugh, and Ketanji Brown Jackson. The case involves provisions of the Bank Secrecy […]

ARGUMENT ANALYSIS By Amy Howe on Feb 28, 2023 at 6:51 pm Supporters of President Biden’s student-debt plan demonstrate outside the Supreme Court on Tuesday. (William Hennessy) The Supreme Court on Tuesday appeared skeptical of the Biden administration’s student-loan debt-relief program. During nearly three and a half hours of oral arguments, a majority of the […]

From today’s D.C. Circuit opinion in Illinois v. Ferriero, written by Judge David Wilkins and joined by Judges Neomi Rao and Michelle Childs: The States of Illinois and Nevada … filed this mandamus action in the district court, seeking to compel the Archivist of the United States to certify and publish the Equal Rights Amendment […]

In Doe v. U.N.C. Sys. (W.D.N.C.), a case challenging the expulsion of plaintiff Jacob Doe for alleged sexual assault, the court issued a quite remarkable TRO last week: It, among other things, required defendants “to direct all individuals”—including UNC students—”over whom they exercise control to refrain from publishing or disclosing any information concerning the Plaintiff, […]

SCOTUSTALK By SCOTUStalk on Feb 28, 2023 at 5:17 pm In the first week of the February session, the justices heard oral arguments in two cases about the scoop of liability tech companies may face for user content. Amy is joined by Megan Iorio of the Electronic Privacy Information Center to break down those arguments […]

A federal judge in Florida signed off on a class action settlement over Johnson & Johnson’s recalled sunscreen but criticized objector lawyer Ted Frank for holding up the deal’s final approval. U.S. District Judge Anuraag “Raag” Singhal of the Southern District of Florida, who heard oral arguments on Aug. 12 in Fort Lauderdale, clarified in […]

If ever there was a time for clients to make good on their threats to boycott excessive law firm rate hikes, it’s now. The Driver In-house legal departments have garnered their fair share of criticism—including in this column—for constantly criticizing law firm rate increases but ultimately offering little actual resistance to them. 2023-02-28 22:09:19 #Law.com […]

Today the Supreme Court decided Bittner v. United States. Splitting 5-4, the Court concluded that the Bank Secrecy Act’s $10,000 maximum penalty for the nonwillful failure to file a compliant report accrues on a per-report, not a per-account, basis. Justice Gorsuch wrote for the Court, joined by the Chief Justice and Justices Alito, and Kavanaugh in […]

Justice Ketanji Brown Jackson issued her first opinion for the Court today in Delaware v. Pennsylvania. Justice Jackson had previously authored dissents from denial of certiorari and a stay denial, but this was her first opinion in an argued case. As is common for a junior justice’s first opinion, the subject matter is less-than scintillating—here […]

From Friend v. Gasparino, decided yesterday by Second Circuit Judge Steven Menashi, joined by Judges Gerard Lynch and Richard Sullivan: On April 12, 2018, Plaintiff-Appellant Michael Friend responded to a distracted-driving enforcement operation conducted by Defendant-Appellant Sergeant Richard Gasparino and the Stamford Police Department. Friend stood down the street from where the police were stationed […]

How I Made It To Law Firm Leadership: ‘It Is Through Institutions That We as Individuals Can Change the World,’ Says Marla R. Butler of Thompson Hine | Law.com Page Printed From: https://www.law.com/2023/02/28/how-i-made-it-to-law-firm-leadership-it-is-through-institutions-that-we-as-individuals-can-change-the-world-says-marla-r-butler-of-thompson-hine/ Q&A “Carry yourself like a leader, even when you’re not technically leading anything. And that doesn’t mean telling anyone what to do […]