A New York state judge said Friday he will sentence Donald Trump on Jan. 10 after rejecting his motion to dismiss his hush money conviction in light of his status as president-elect, but suggested a prison term is highly unlikely.
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TUESDAY, JANUARY 7, 2025 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

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NY Judge To Sentence Trump Jan. 10 But Says Prison Unlikely

By Frank G. Runyeon

A New York state judge said Friday he will sentence Donald Trump on Jan. 10 after rejecting his motion to dismiss his hush money conviction in light of his status as president-elect, but suggested a prison term is highly unlikely.

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9th Circ. Judge Says Asylum Seekers Can Use Appeals To Stall

By Tom Lotshaw

A Ninth Circuit judge has called to overturn a 20-year precedent that he said allows people to game their immigration appeals for more time in the country, after a divided panel affirmed the denial of a Ukrainian man's asylum bid.

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Calif. Panel Says PAGA Suits Always Have Individual Claims

By Irene Spezzamonte

A delivery worker's individual claims against Target's shipping partner under California's Private Attorneys General Act belong in arbitration, a state appellate panel said, disagreeing with a trial court's decision that her suit only had representative claims.

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Feds Fight Trump-Backed Bid For Justices To Stop TikTok Ban

By Allison Grande

The Biden administration on Friday urged the U.S. Supreme Court to reject a call backed by President-elect Donald Trump to freeze the looming deadline for TikTok to divest from its Chinese parent company or face a nationwide ban, arguing that the video-sharing app's First Amendment claims continue to fall flat. 

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CashCall Still On Hook For $134M To CFPB, 9th Circ. Rules

By Rae Ann Varona

The Ninth Circuit on Friday affirmed a $134.1 million restitution payment CashCall Inc. owes to the Consumer Financial Protection Bureau, saying in a published opinion that the loan company's voluntary participation in a bench trial meant that it had waived a right to a jury trial.

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Hertz Off The Hook For $337M Bond In Claim Recalculation Tiff

By Clara Geoghegan

A Delaware bankruptcy judge said Hertz Corp. doesn't need to post a $337.4 million bond while she uses an appeals court decision on underpaid interest to recalculate a group of unsecured noteholders' claims, writing the request would alter Hertz's more than 3-year-old Chapter 11 plan and give the noteholders better treatment than other creditors.

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3rd Circ. Won't Hit Brakes On NY Congestion Toll Launch

By Carla Baranauckas

New York City's highly litigated congestion pricing toll program began Sunday morning after the Third Circuit denied an emergency motion for an injunction to delay it while an appeal by the state of New Jersey unfolds.

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SUPREME COURT

States Debate High Court Solution To Election Map Catch-22

By Katie Buehler

Louisiana has implored the U.S. Supreme Court to decisively resolve litigation over its federal election map in one of three ways, suggesting the justices could toss the case on standing, decide the merits, or, preferably, find that federal courts have no role in refereeing redistricting disputes.

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Justices Urged To Review Late-Found Fraud, Int'l IP Damages

By Dani Kass

The winner of a $6.6 million patent infringement verdict is asking the U.S. Supreme Court to review the Federal Circuit's refusal to increase those damages, saying the court set an improper standard for introducing fraud evidence discovered post-trial and overstepped when making unbriefed decisions on foreign damages.

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Biden Honors Del. Jurist For Role In Brown V. Board Ruling

By Jeff Montgomery

President Joe Biden issued a top civilian award, posthumously, to former Chancellor Collins J. Seitz of Delaware Chancery Court, father of the state's current chief justice, for his role in decisions woven into the U.S. Supreme Court's landmark 1954 Brown v. Board of Education ruling.

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DC CIRCUIT

GOP Defends FEC Discretion To Ax Campaign Finance Cases

By Ali Sullivan

The GOP is backing the Federal Election Commission's bid to preserve a line of D.C. Circuit cases barring judges from second-guessing the commission's refusal to take enforcement actions, urging the en banc appeals court to safeguard "the careful, conscious congressional plan for the agency."

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FEDERAL CIRCUIT

Fed. Circ. Upholds Cancellation Of TMs On Pink Hip Implants

By Ivan Moreno

The Federal Circuit on Friday said a trademark panel correctly canceled a German medical supplier's trade dress protections for the color pink in a hip joint implant part because the color is functional, citing the company's previous patents and public statements to support that conclusion.

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FOURTH CIRCUIT

4th Circ. Won't Revive Bias Suit Over SBA Small Biz Program

By Hayley Fowler

A disabled veteran's constitutional challenge to a Small Business Administration contracting program over racial bias concerns must fail because the veteran didn't actually qualify for the program, the Fourth Circuit ruled Friday.

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SIXTH CIRCUIT

PBMs 'Wasting' Time in Opioid MDL Discovery Spat: Judge

By Yeji Jesse Lee

An Ohio federal judge overseeing multidistrict opioid litigation on Friday denied pharmacy benefit managers a stay to appeal a discovery order and said he believed the PBMs were "wasting" the court's time.

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TENTH CIRCUIT

Hemp Cos. Tell 10th Circ. New Law Is Unconstitutional

By Sam Reisman

A group of hemp companies challenging a new Wyoming law restricting their products told the Tenth Circuit on Thursday the policy is unconstitutional and their appeal is ripe despite the lower court dismissing their suit.

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CALIFORNIA

Energy Cos. Ask Top Calif. Court To End Climate Change Suits

By Tom Lotshaw

A half-dozen global energy giants urged California's top court Thursday to review a lower court's decision allowing climate change suits against them to proceed, arguing that California courts don't have jurisdiction over claims stemming from global fossil fuel use.

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TEXAS

Energy Co. Urges 400-Mile Transfer Of Discrimination Suit

By Catherine Marfin

A North Texas energy company told a state appeals court Thursday that a former employee's discrimination and libel suit belongs in Tarrant County, arguing the man dishonestly claimed that a substantial part of the suit's events took place more than 400 miles away.

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FLORIDA

Disbarred Fla. Atty Can't Shake $780K Verdict For Firms

By Lynn LaRowe

A Florida state appeals court has refused to disturb a jury verdict in favor of several law firms going after a disbarred attorney who improperly received a $780,000 payment when he owed those firms millions in connection with professional misconduct.

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PENNSYLVANIA

Pa. Court Says State Can Bar Compromised Voting Machines

By Matthew Santoni

Pennsylvania's top election official had the power to rescind Fulton County's permission to use its Dominion electronic voting machines, after county officials allowed third parties to inspect them following the 2020 election, a state appellate court has ruled.

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NORTH CAROLINA

Split NC Panel Says Video Sweepstakes Games Are Unlawful

By Ryan Harroff

A split North Carolina appellate panel has ruled that a company's video sweepstakes kiosks violate state prohibitions on luck-based gambling and that a lower court should have allowed regulators to take the machines out of service.

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MICHIGAN

Mich. Justices Asked To Ease Hospital Liability Standard

By Carolyn Muyskens

A patient has urged the Michigan Supreme Court to clear up the standards for when hospitals can be liable for the mistakes of doctors who treat patients as independent contractors, saying a recent decision by the state's intermediate appellate court added an unwarranted hurdle to holding hospitals responsible.

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MASSACHUSETTS

Mass. Justices Affirm $29M Award In Leg Amputation Suit

By Y. Peter Kang

The top court in Massachusetts on Friday upheld a nearly $29 million payout in a patient's lawsuit that accused two nurses and a physician assistant of causing his leg amputation, saying the details of a settlement agreement with two of the three healthcare professionals was properly excluded at trial.

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OHIO

Ohio Panel Backs Class Cert. In Farmers Total Loss Suit

By Ganesh Setty

An Ohio trial court properly granted class certification over a man's claims that a Farmers Insurance unit failed to pay Ohio insureds state and local sales tax for vehicles insured under their auto policies, a state appeals court ruled while limiting the class only to insureds who suffered a total loss.

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Physician Assistant Can't Avoid Suspension For Hiding Probe

By Ryan Harroff

An Ohio appeals court has affirmed sanctions the state's medical board gave a physician assistant for not disclosing his employer's investigation into sexual misconduct allegations against him, rejecting the argument he misunderstood his obligation to report it on his license renewal application.

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EXPERT ANALYSIS

5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle

The Fifth Circuit's recent en banc opinion vacating Nasdaq's board diversity listing rule wades into the hotly debated topic of diversity, equity and inclusion initiatives at a time when many public companies are navigating the attention that DEI commitments are drawing from activists and shareholders, say attorneys at Debevoise.

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Lessons Learned From 2024's Top FMLA Decisions

Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

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LEGAL INDUSTRY

Longtime Cravath Presiding Partner Sam Butler Dies At 94

By Anna Sanders

Sam Butler, former presiding partner of Cravath Swaine & Moore LLP during the 1980s and 1990s, died on Saturday at 94. 

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Analysis

Breyer's 1st Circ. Visit A 'Very Cool' Opportunity For Attys

By Chris Villani

As some lawyers practicing before the First Circuit may learn this week, having a former Supreme Court justice parachute into arguments adds an extra layer of gravitas to the proceedings and another challenge for advocates to navigate as they make their case.

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On Capitol Riot Anniversary, DOJ Update Says 1,500 Charged

By Courtney Bublé

On the fourth anniversary of the deadly attack on the U.S. Capitol and the day President-elect Donald Trump's victory was to be made official, the U.S. Department of Justice announced that over 1,500 defendants have been charged with federal crimes related to the insurrection.

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Ex-GMU Prof. Tells Judge To Ignore Accusers' 'False Reality'

By Aebra Coe

Former FTC Commissioner and law professor Joshua Wright on Friday slammed two former students' request to exclude evidence of damages at an upcoming trial in a $108 million lawsuit in which he accused them of defamation, saying the request is "self-servingly twisted to present a false reality."

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Judge Denies Trump's Request To Delay Jan. 10 Sentencing

By Frank G. Runyeon

A New York state judge on Monday denied Donald Trump's request to suspend his Jan. 10 sentencing in his hush money case as the president-elect simultaneously appealed the court's refusal to throw out the charges based on presidential immunity.

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Edelson Must Share Info In Tort Case, Colo. Judge Says

By Tom Lotshaw

A Colorado state judge has ordered Edelson PC to provide information about advertising in a toxic tort case over ethylene oxide emissions from a medical sterilization facility in Lakewood, with a bellwether trial set for this month.

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Withers Brings On 8-Atty Trusts And Estates Boutique In LA

By Emily Johnson

International law firm Withers has expanded its Los Angeles office by absorbing the eight-attorney boutique Hoffman Sabban & Watenmaker, Withers announced Monday.

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Girard Sharp Launches Into New Year With New Leadership

By Bonnie Eslinger

San Francisco-based Girard Sharp has kicked off the new year with a major leadership change, announcing Monday that Daniel C. Girard had stepped down as managing partner of the prominent plaintiffs complex litigation boutique he founded in 1995 and that longtime partner Dena C. Sharp was taking the reins.

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McDermott Adds Former DHS Deputy General Counsel In DC

By Jack Rodgers

McDermott Will & Emery LLP has hired a former deputy general counsel from the Biden administration's Homeland Security Department, who joined as a partner after working as an associate with Covington & Burling LLP, the firm announced Monday.

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Sheppard Mullin Hires University Of Calif. Health Counsel

By Rose Krebs

Sheppard Mullin Richter & Hampton LLP announced Monday that it has hired two attorneys who previously served in-house at the University of California to bolster its healthcare industry practice group.

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Trump Selects Long Island Judge For EDNY's Top Prosecutor

By Hailey Konnath

President-elect Donald Trump, who was born in Queens, has picked a Long Island state court judge to serve as the next U.S. attorney for the Eastern District of New York, according to an announcement made Monday on Truth Social.

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CUNY Law Dean To Run Law School Admission Council

By Anna Sanders

Sudha Setty, a longtime educator and dean of the law school at City University of New York, will serve as the next president and chief executive officer of the Law School Admission Council.

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Talk Show Host Says OpenAI Can't Duck Ga. Defamation Suit

By Madison Arnold

A conservative talk radio show host pushed back Monday against OpenAI's quest to secure summary judgment in his defamation lawsuit, calling the company "the high-tech equivalent of the neighborhood gossip."

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New Joint Bar Task Force To Tackle Indigent Defense In NYC

By Andrea Keckley

The New York City Bar Association announced Monday that it has teamed up with the city's county bar associations to form a task force assessing the NYC Assigned Counsel Plan, which assigns lawyers to indigent people in criminal and family courts who can't be served by institutional legal service providers.

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Texas Justice Jimmy Blacklock Named High Court Chief

By Lynn LaRowe

Texas Supreme Court Justice Jimmy Blacklock is being promoted to chief justice and Gov. Greg Abbott's general counsel has been tapped to fill the seat Justice Blacklock is vacating, the governor's office announced Monday.

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National Court Reporters Association Hit With Antitrust Suit

By Jack Karp

The National Court Reporters Association exploits its monopoly in the stenographic certification market to charge its members inflated and unnecessary membership dues and keep potential competitors out of the market, according to a new antitrust lawsuit in New Jersey federal court.

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LAW FIRMS IN TODAY'S NEWS

Alston & Bird

Arnold & Porter

Baker & Hostetler

Binnall Law Group

Bruce & Kelley

Charles Kane

Clement & Murphy

Covington & Burling

Cravath Swaine

DLA Piper

Davis Polk

Davis Wright Tremaine

Debevoise & Plimpton

Dechert LLP

Dentons

Dick Stein

Domonkos & Thorpe

Edelson PC

Farrell & Fuller

Frantz Ward

Freshfields

Giarmarco Mullins

Gibson Dunn

Girard Sharp

Goodwin Procter

Graff & McGovern

Graves Garrett

Hancock Daniel

Hangley Aronchick

Hirschler

Hoffman Sabban

Hogan Lovells

Holtzman Vogel

Jacobson Phillips PLLC

John Monroe Law PC

Jones Day

Kellogg Hansen

Kelly Hart

Kerr Russell

King & Spalding

Kirkland & Ellis

Kozyak Tropin

Latham & Watkins

Law Office of Thomas J. Nolan

Lieff Cabraser

Lubin & Meyer

Marcus Clegg

Martin LLP

Mayer Brown

McDermott Will & Emery

McFarland Litigation Partners

McGuireWoods

Morrison Foerster

Morrison Mahoney

Motley Rice

NechelesLaw

Nixon Peabody

O'Melveny & Myers

Paul Weiss

Quinn Emanuel

Reed Smith

Robbins Geller

Sanders Roberts

Seeger Weiss

Seyfarth Shaw

Shamis & Gentile

Sheppard Mullin

Sher Edling

Sidley Austin

Simmons Hanly

Sive Paget

Spangenberg Shibley

Stewart Tilghman

Tucker Law Group

Tucker Law Group LLC

Vasseghi Law

White & Case

Wiley Rein

Willkie Farr

WilmerHale

Wilson Sonsini

Withersworldwide

Zaner Harden

COMPANIES IN TODAY'S NEWS

Altria Group Inc.

American Bar Association

American Civil Liberties Union

American Civil Liberties Union of Louisiana

American Express Co.

American International Group Inc.

American Museum of Natural History

American Petroleum Institute Inc.

Apple Inc.

BP PLC

Baltimore Gas & Electric Co.

Bank of America Corp.

Baseline Energy Services

Berkshire Hathaway Energy GT&S

ByteDance Ltd.

Campaign Legal Center

CashCall Inc.

Commonwealth Financial Network

ConocoPhillips Co.

CoorsTek Inc.

CoreCivic Inc.

Corrections Corporation of America

Endo International PLC

Express Scripts Holding Co.

Exxon Mobil Corp.

Farmers Insurance Group Inc.

Federal Bar Association

Federalist Society

Ford Motor Co.

Geico Corp.

Google LLC

HSW International Inc.

Harley-Davidson Inc.

Hertz Global Holdings Inc.

Human Rights Campaign

Interactive Brokers Group Inc.

JUUL Labs Inc.

Law School Admission Council Inc.

Lehman Brothers Holdings Inc.

LinkedIn Corp.

Lowe's Cos. Inc.

Major League Baseball Inc.

Meta Platforms Inc.

Metropolitan Transportation Authority

NAACP Legal Defense & Educational Fund Inc.

NASDAQ Inc.

National Association for the Advancement of Colored People

National Congress of American Indians

National Republican Congressional Committee

New York City Bar Association

New York State Bar Association

New York University

Optum Inc.

Pacific Legal Foundation

Phillips 66

Progressive Casualty Insurance Co.

Prospect Medical Holdings Inc.

Regeneron Pharmaceuticals Inc.

Second Amendment Foundation

Shell PLC

Shipt Inc.

Sterilization Services

Supervalu Inc.

Sutter Health

Terumo Corp.

The American Law Institute

The City University of New York

The Impact Fund

The Lawyers' Committee for Civil Rights Under Law

TikTok Inc.

Tractor Supply Co.

U.S. Bancorp

UBS Group AG

Uber Technologies Inc.

Walmart Inc.

Wells Fargo & Co.

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Attorney General's Office

California Supreme Court

Cheyenne River Sioux Tribe

Consumer Financial Protection Bureau

Delaware Court of Chancery

Delaware Department of Safety and Homeland Security

European Union

Executive Office of the President

Federal Bureau of Investigation

Federal Election Commission

Federal Trade Commission

Florida Supreme Court

Internal Revenue Service

Manhattan District Attorney's Office

Massachusetts Supreme Judicial Court

Michigan Supreme Court

New York Supreme Court, New York County

North Carolina Attorney General's Office

Ohio Attorney General's Office

Pennsylvania Attorney General's Office

Pennsylvania Department of State

Pennsylvania Supreme Court

Small Business Administration

Texas Department of Insurance

Texas Ethics Commission

Texas Supreme Court

Texas Workforce Commission

U.S. Army

U.S. Attorney's Office

U.S. Attorney's Office for the District of New Jersey

U.S. Bankruptcy Court for the District of Delaware

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Agriculture

U.S. Department of Health and Human Services

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of Transportation

U.S. Department of the Interior

U.S. District Court for the Central District of California

U.S. District Court for the District of Arizona

U.S. District Court for the District of Columbia

U.S. District Court for the District of Maryland

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of California

U.S. District Court for the Eastern District of New York

U.S. District Court for the Middle District of Louisiana

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Louisiana

U.S. Environmental Protection Agency

U.S. House of Representatives

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

U.S. Tax Court

United Nations

United States District Court for the District of Colorado

United States District Court for the District of Nevada

United States District Court for the District of Wyoming

United States District Court for the Northern District of Ohio

Washington Attorney General's Office