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On The Case Headlines

Will Trump DOJ side with disabled plaintiffs in ADA website suits?

Businesses are not at all happy about a boom in suits by disabled consumers who claim corporate websites are insufficiently accessible under the Americans with Disabilities Act. These cases have mushroomed since 2015. Disabled plaintiffs, many of them represented by the same handful of firms, filed 240 suits in 2015 and 2016, according to a Wall Street Journal report on the trend last November. This year, the number of new ADA website accessibility cases has already topped 400, accor

All the money in the world can’t buy redress from FBI, prosecutors

When Institutional Investor wrote last year about David Ganek’s Manhattan federal court suit accusing the government of violating his constitutional rights, the magazine portrayed Ganek as a man who does not lack for millions. Ganek was the founder of Level Global, a hedge fund that once managed $4 billion in assets. The fund abruptly shut down in 2011, after a much-publicized raid by prosecutors investigating insider trading. Ganek himself was never charged. After the fund’s collaps

DOJ: Trump tweets are not presidential actions. Except when they are

President Donald Trump has more than 40 million followers at @realdonaldtrump, the Twitter account he started in 2009 and has used to such consequential effect during and after the presidential campaign. President Trump sometimes announces policies, such as his proposed ban on transgender troops in the U.S. military, on Twitter. He regularly uses the @realdonaldtrump account to advance his agenda. The president goes to Twitter to push legislation, boost loyal supporters and attack th

Don’t even bother trying to hide wage-and-hour settlements before this N.Y. judge

Employers have a powerful incentive to hide their settlements with workers claiming wage and hour violations. Keeping those agreements secret minimizes the risk that other employees will bring copycat suits. For Fair Labor Standards Act defendants, it’s probably a good bet to throw some extra money at plaintiffs who agree to keep settlements confidential. That extra money, of course, gives employees a good reason to accede to secrecy.

Justice Gorsuch’s strange detour in Alien Tort Statute case

Justice Neil Gorsuch wasn’t a member of the U.S. Supreme Court back in 2004, when the justices ruled in Sosa v. Alvarez-Machain (124 S.Ct. 2739) that in certain limited circumstances, foreign nationals can use a 1789 law, the Alien Tort Statute, to sue in U.S. courts for violations of the law of nations. Though the Sosa opinion, written by then-Justice David Souter, agreed that Congress intended the ATS to grant jurisdiction for “a relatively modest set of actions,” the court cited t

Texas judge poised to decide if Allergan patent deal with Mohawks was a sham

Last month, in the midst of post-trial briefing in Allergan’s patent suit against generic drug makers that want to begin selling a version of Allergan’s dry eye medication Restasis, Allergan sent a one-paragraph letter to U.S. District Judge William Bryson of Marshall, Texas. Allergan informed the judge that it had just assigned its rights to the patents at issue in the case to the Saint Regis Mohawk Tribe, which, in turn, had granted Allergan an exclusive license to the patents. All

Disgraced and disbarred, Stan Chesley is trying to shield assets from former clients

Stanley Chesley, once one of the most powerful plaintiffs' lawyers in the country, is no longer a lawyer. After hundreds of former clients sued him and three other lawyers for allegedly stealing millions of dollars from settlement funds for diet drug victims, Chesley was disbarred in Kentucky in 2013. He resigned from the Ohio bar soon thereafter.

Should Trump DOJ get a mulligan on 4th, 9th Circuit travel ban opinions?

In letters last week to the U.S. Supreme Court, the American Civil Liberties Union and the State of Hawaii urged the justices not to allow President Trump to evade high court review of his second executive order barring travelers and refugees from several Muslim-majority countries. The Justice Department, meanwhile, submitted a letter brief arguing that the challenges by Hawaii and the ACLU are now moot: The executive order’s temporary travel ban has expired and been replaced by a new policy, th

In SCOTUS class waiver case, DOJ, employers say don’t trust NLRB

A big question went unasked at the Supreme Court on Monday, when the justices opened their new term with oral arguments in a three cases that will decide whether employers can require employees to agree to individual arbitration of employment disputes. Though several justices were so engaged that Chief Justice John Roberts had to step in to stop his colleagues from interrupting one another, no one asked Deputy Solicitor General Jeffrey Wall to explain why the Justice Department switc