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On The Case Headlines

DOJ independence, entrenched and ingrained, will survive Trump: historian, law prof

Making good on threats to intervene in the U.S. Justice Department’s investigation of possible collusion between his campaign and Russia, President Donald Trump on Sunday tweeted a “demand” that DOJ “look into whether or not the FBI/DOJ infiltrated or surveilled the Trump campaign for political purposes.” The Justice Department quickly announced that its inspector general would expand his ongoing review of investigators’ surveillance applications to determine if “any impropriety or p

Democratic AGs send a message in DOL fiduciary rule case at 5th Circuit

The odds are infinitesimal that the attorneys general of New York, California and Oregon will succeed in reinstating the Obama Labor Department’s rule requiring retirement investment advisers to put the interests of their clients ahead of their own. But they may have had another good reason for filing a last-ditch motion this week, asking the 5th U.S. Circuit Court of Appeals to reconsider a May 2 order denying the AGs’ motion to intervene in the litigation.

The trouble with lodestar fee awards, Anthem class action edition

A special master appointed by U.S. District Judge Lucy Koh of San Jose to recommend a fair fee for class counsel in the $115 million Anthem data breach settlement succeeded in pleasing no one with a vested interest in the outcome, based on filings Tuesday by lawyers for the class and the objector who first pushed for scrutiny of class counsel’s request for nearly $40 million in fees and expenses.

Arkansas judge bars TV ads attacking state Supreme Court justice. Is that constitutional?

On Monday, Circuit Judge Doug Martin of Fayetteville, Arkansas, granted a temporary restraining order to Arkansas State Supreme Court Justice Courtney Goodson, who is running for reelection. The order bars local television stations from airing an attack ad on Goodson by the deeply conservative Judicial Crisis Network. Judge Martin concluded that Justice Goodson, who sued a half-dozen television stations in Fayetteville and Little Rock on Monday, was likely to prevail on her allegatio

CVS wins appeal of opioid prescriber’s $1 million defamation verdict

You may not realize it, but your local pharmacy clerk is actually a soldier in the war on prescription opioid abuse. As CVS explained in a brief to the 7th U.S. Circuit Court of Appeals, federal law requires pharmacy workers to refuse to fill illegitimate prescriptions for controlled substances.

Judicial Crisis Network’s new ad targets powerful women. Coincidence?

I was watching CNN’s Anderson Cooper interview the ubiquitous Stormy Daniels lawyer Michael Avenatti last night when a stark advertisement caught my eye. The commercial opened with warm color video of Republican Senators Mitch McConnell and Chuck Grassley, then cut to shots of President Trump shaking hands with Justice Neil Gorsuch and smiling proudly as the new justice was sworn into office. The accompanying audio celebrated the Trump administration’s conservative makeover of the fe

Democratic state AGs vow to continue Trump challenges

As New York’s attorney general, Eric Schneiderman was one of the most visible and reliable members of the coordinated resistance to President Donald Trump’s policies. Before Trump was even elected president, Schneiderman buzzed around him like an angry bee, accusing Trump of defrauding Trump University students and launching an investigation into his charitable foundation. Since Trump took office, Schneiderman has stung repeatedly, filing more than 100 lawsuits or administrative acti

Backpage’s longtime defenders at Davis Wright pull the plug

Over the last several years, as Backpage.com was barraged with accusations that it enabled sex trafficking of teenagers, the online classified ad site has had no stauncher defenders than the lawyers at Davis Wright Tremaine. The firm, which has a premier First Amendment practice, wielded the Communications Decency Act like a bludgeon for Backpage, killing suits by alleged trafficking victims, squelching attempts to intimidate credit-card companies that did business with Backpage, eve