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☆ Trump asks judge to hold retrial or reduce $5 million damages in E. Jean Carroll sexual assault case
▼ + stars: | 2023-06-08 | by ( Dan Mangan | ) www.cnbc.com time to read: +5 min

Trump's lawyers argued the $2 million in damages awarded to Carroll are "grossly excessive under applicable case law." Carroll's attorney in a statement scoffed at Trump's argument, and noted the jury unanimously found he sexually abused Carroll. "Trump now argues that, even if he did those things, Ms. Carroll doesn't deserve the $5 million in damages that the jury awarded," said Carroll's lawyer, Robbie Kaplan. Carroll is seeking no less than $10 million from Trump in the pending lawsuit. Trump during the town hall said he did not sexually abuse Carroll and has no idea who Carroll was.

Persons: Jean Carroll, Joe Tacopina, Donald Trump, Carroll, Trump, Tacopina, Joseph Tacopina, Lewis Kaplan, E, Carroll doesn't, Robbie Kaplan, Goodman, Judge Kaplan Organizations: Elle, U.S ., Appeals, Circuit, Trump, York Magazine, CNN Locations: New York, York, Manhattan

CompaniesCompanies Law Firms Purdue Pharma LP FollowNEW YORK, May 30 (Reuters) - Bankrupt OxyContin maker Purdue Pharma can shield its owners, members of the wealthy Sackler family, from opioid lawsuits in exchange for a $6 billion contribution to the company's broader bankruptcy settlement, a U.S. appeals court ruled on Tuesday. Circuit Court of Appeals said that U.S. bankruptcy law allows legal protections for non-bankrupt parties, like the Sacklers, in extraordinary circumstances. Purdue has pleaded guilty to charges related to its opioid marketing, while its owners have expressed regret but denied wrongdoing. The Sackler contribution accounts for most of the cash payment in a broader bankruptcy settlement that Purdue values at more than $10 billion. Similar lawsuits related to the U.S. opioid crisis have resulted in more than $50 billion in settlements with opioid manufacturers, drug distributors and pharmacy chains.

Persons: Sackler, Eunice Lee, Richard Wesley, Wesley, OxyContin, Mortimer Sackler, Raymond Sackler, Dietrich Knauth, Bill Berkrot, Alexia Garamfalvi Organizations: Law, Purdue, Purdue Pharma, The, Circuit, Appeals, U.S, Supreme, U.S . Centers for Disease Control, Thomson Locations: U.S, The New York

☆ Supreme Court rules against Andy Warhol Foundation in copyright case over Prince photo
▼ + stars: | 2023-05-18 | by ( Dan Mangan | ) www.cnbc.com time to read: +1 min

The Supreme Court on Thursday ruled against the Andy Warhol Foundation in a copyright dispute over the use of a celebrity photographer's image of the musician Prince for artwork created by Warhol. Goldsmith had sued the Warhol Foundation for copyright infringement over its licensing of an image called "Orange Prince" to Conde Naste, the parent company of Vanity Fair magazine, in 2016. Orange Prince is one of 16 Warhol silkscreens based on her photo, which Goldsmith only became aware of in 2016. Although a federal district court rule in the Warhol Foundation's favor, that ruling was overturned by the U.S. 2nd Circuit Court of Appeals. "Lynn Goldsmith's original works, like those of other photographers, are entitled to copyright protection, even against famous artists," the court said in the majority opinion. "

The justices upheld a lower court's ruling that Warhol's works based on Goldsmith's 1981 photo were not immune from her copyright infringement lawsuit. Warhol, who died in 1987, was a foremost participant in the pop art movement that germinated in the 1950s. At issue in the litigation involving Goldsmith was Warhol's "Orange Prince" series. She countersued the Andy Warhol Foundation in 2017 after it asked a court to find that the works did not violate her copyright. Under that standard, the circuit court said Warhol's paintings were closer to adapting Goldsmith's photo in a different medium than transforming it.

☆ Events leading up to Donald Trump sexual abuse verdict
▼ + stars: | 2023-05-09 | by ( Jonathan Stempel | ) www.reuters.com time to read: +4 min

2021-September 2022 - Carroll's lawsuit is largely on hold while Trump appeals Kaplan's decision. Oct. 12, 2022 - Trump repeats his denials of Carroll's claims. Oct. 19, 2022 - Trump is deposed in Carroll's first lawsuit. March 28, 2023 - Kaplan rejects Trump's request to throw out the defamation claim in Carroll's second lawsuit. April 25, 2023 - Trial gets under way.

☆ Windfall tax seizure case in Michigan deepens appellate split on class standing issue
▼ + stars: | 2023-05-02 | by ( Alison Frankel | Thomson Reuters | Alison Frankel Has Covered High-Stakes Commercial Litigation As A Columnist For Reuters Since A Dartmouth College Graduate | ) www.reuters.com time to read: +6 min

The county auctioned Fox's property for about $25,000 — and kept the $22,000 difference between the sale price and Fox's tax obligation. But Fox’s class action did not name only Gratiot County as a defendant. Circuit Court disagreed. The 6th Circuit in the Fox case agreed with the 2nd Circuit's holding that trial courts must consider constitutional standing issues ahead of class certification. The Michigan counties that challenged class certification were represented at the 6th Circuit by Douglas Curlew of Cummings, McClorey, Davis & Acho.

Companies UBS Group AG FollowMay 1 (Reuters) - The U.S. Supreme Court on Monday agreed to examine how difficult it should be for financial whistleblowers to win retaliation lawsuits against their employers as the justices took up a long-running case involving Switzerland's UBS Group AG (UBSG.S). A Supreme Court ruling in favor of UBS could significantly curtail financial whistleblower lawsuits because it is often difficult for plaintiffs to prove a defendant's motives. Robert Herbst, a lawyer for Murray, said the 2nd Circuit decision ignored the text of the whistleblower law, adding that he looked forward to arguing the case before the Supreme Court. A UBS spokesperson said, "We expect the court will uphold the 2nd Circuit's decision." The Supreme Court is due to hear the case in its next term, which begins in October.

☆ Ex-prosecutor in New York Trump probe wins congressional deposition delay
▼ + stars: | 2023-04-20 | by ( Luc Cohen | Thomson Reuters | Reports On The New York Federal Courts. Previously Worked As A Correspondent In Venezuela | ) www.reuters.com time to read: +2 min

April 20 (Reuters) - Mark Pomerantz, the former prosecutor who once led the Manhattan district attorney's criminal inquiry into former U.S. President Donald Trump, on Thursday won a delay to his deposition before a Republican-led congressional committee, court records showed. The U.S. 2nd Circuit Court of Appeals on Thursday granted a temporary delay to Pomerantz's deposition to allow a three-judge panel to consider the case. Pomerantz's closed-door deposition had been scheduled for 10 a.m. EST (1400 GMT) before the Judiciary Committee. Spokespeople for the Judiciary Committee did not immediately respond to requests for comment on Thursday. Reporting by Luc Cohen in New York; editing by Diane Craft and Mark HeinrichOur Standards: The Thomson Reuters Trust Principles.

In this Aug. 12, 2002 file photo, attorney Mark Pomerantz arrives at Federal Court in New York. A federal appeals court on Thursday temporarily blocked a House Judiciary Committee subpoena for testimony from a former Manhattan prosecutor who was involved in a criminal investigation of ex-President Donald Trump. In response to the subpoena to Pomerantz, Bragg sued the Judiciary Committee to try to block the former prosecutor from testifying. U.S. District Judge Mary Kay Vyskocil, a Trump nominee, on Wednesday denied Bragg's effort to invalidate the subpoena for Pomerantz. "The subpoena was issued with a 'valid legislative purpose' in connection with the 'broad' and 'indispensable' congressional power to 'conduct investigations,'" Vyskocil wrote in federal court in Manhattan.

WASHINGTON, April 19 (Reuters) - The U.S. Supreme Court on Wednesday bolstered a bid by Turkey's state-owned lender Halkbank (HALKB.IS) to avoid criminal charges in the United States for allegedly helping Iran evade American economic sanctions. The court's majority, while rejecting a key defense mounted by Halkbank, ordered the Manhattan-based 2nd U.S. Shares in Vakifbank (VAKBN.IS), another Turkish state bank, jumped 9.9% and the bourse's banking index climbed more than 4%. Sovereign immunity generally protects countries from facing legal action in another country's courts. The majority found that the 2nd Circuit did not fully consider whether the bank has immunity under "common law" principles.

☆ Supreme Court says Turkey-owned Halkbank not immune from prosecution for Iran sanctions violations
▼ + stars: | 2023-04-19 | by ( Dan Mangan | ) www.cnbc.com time to read: +3 min

The Supreme Court ruled Wednesday that Halkbank, which is owned by the government of Turkey, is not immune from prosecution in New York federal court for allegedly violating U.S. economic sanctions on Iran. The indictment alleges that high-ranking Turkish and Iranian government officials participated in the sanctions evasion scheme with Halkbank and its officers. However, the Supreme Court told the U.S. 2nd Circuit Court of Appeals to reconsider a request by Halkbank to toss out the prosecution based on an argument of common-law immunity. The Supreme Court previously recognized that a civil lawsuit not governed by the FSIA law may still be barred under by foreign sovereign immunity under so-called common law. The U.S. government has argued that the bar would not apply to criminal prosecution of a commercial entity such as Halkbank.

☆ Mall of America can continue to fight Sears' new owners – who are hoping to keep the retailer's shocking $10-a-year lease
▼ + stars: | 2023-04-19 | by ( Dominick Reuter | ) www.businessinsider.com time to read: +3 min

The Supreme Court unanimously decided that the Mall of America can challenge a lease it has with Sears. In 1991, the mall gave Sears a 100-year lease on a three-story location for just $10 per year. Mall of America objected, saying that landlords have a right to "adequate assurance of future performance" by whoever took over Sears' lease. The bankruptcy court overruled the mall's objection. That appeal too was dismissed, which led the mall to petition the Supreme Court.

[1/3] Former U.S. President Donald Trump departs from Trump Tower to give a deposition to New York Attorney General Letitia James who sued Trump and his Trump Organization, in New York City, U.S., April 13, 2023. The district's highest local court, the Court of Appeals, said it did not have enough facts to decide whether Trump was acting as president when he accused the former Elle magazine columnist in June 2019 of lying about the alleged encounter. Circuit Court of Appeals in Manhattan, which had last September asked whether under local law Trump made his comments in his role as president, or in his personal capacity as Carroll argued. The Washington court said the 2nd Circuit or a federal district judge in Manhattan should assess Trump's role. The case is Trump et al v. Carroll, District of Columbia Court of Appeals, No.

☆ Supreme Court refuses appeal by lawyer jailed for contempt in $9.5 billion Chevron environmental case
▼ + stars: | 2023-03-27 | by ( Dan Mangan | ) www.cnbc.com time to read: +5 min

The Supreme Court refused Monday to consider the appeal of a disbarred lawyer jailed for contempt of court after he won a $9.5 billion judgment against Chevron in an environmental lawsuit in Ecuador . A group of Ecuadorians represented by Donziger filed a class-action suit against Chevron in Manhattan federal court in 1993. The plaintiffs in the lawsuit were awarded $9.5 billion from Chevron by a judge in Ecuador. Chevron then filed a legal action in Manhattan federal court and won an injunction against the enforcement of the judgment in any U.S. court. In the Chevron case, Gorsuch wrote, "However much the district court may have thought Mr. Donziger warranted punishment, the prosecution in this case broke a basic constitutional promise essential to ourliberty."

March 23 (Reuters) - The U.S. Consumer Financial Protection Bureau's funding structure is constitutional, a Manhattan appeals court ruled on Thursday, as the U.S. Supreme Court prepares to consider the issue next term. Circuit Court of Appeals finding the CFPB's funding unconstitutional. Circuit Court Judge Richard Sullivan said the constitution only requires that expenditures be authorized by an act of Congress. U.S. Supreme Court decisions and historical principles of congressional spending support that conclusion, he wrote. Circuit Court of Appeals, No.

Feb 13 (Reuters) - A federal appeals court on Monday agreed to reconsider a lawsuit challenging a Connecticut policy allowing transgender students to compete in girls' high school sports. Circuit Court of Appeals will now hear arguments in the case, which had been heard by a panel of three judges last September. The panel in December rejected claims by four cisgender female students that the policy deprived them of wins and athletic opportunities by requiring them to compete with two transgender sprinters. The 2020 lawsuit came amid a push by Republican-led states to bar transgender athletes from competing on teams or sports that align with their gender identities. Reporting By Brendan Pierson in New York; Editing by Alexia Garamfalvi, Lincoln Feast and David GregorioOur Standards: The Thomson Reuters Trust Principles.

NEW YORK, Jan 11 (Reuters) - The U.S. Supreme Court on Wednesday allowed New York to enforce a Democratic-backed gun control law adopted after the justices last year struck down the state's limits on carrying concealed handguns outside the home in a landmark ruling that expanded gun rights. Circuit Court of Appeals in December put that decision on hold while the state pursues an appeal. Wednesday's action may not be the last time the Supreme Court addresses New York's new gun law. New York state Attorney General Letitia James, a Democrat, praised the court's decision to keep the law in effect. Democratic Governor Kathy Hochul signed into law the Concealed Carry Improvement Act on July 1, a week after the Supreme Court's landmark ruling against a New York concealed carry permit restriction.

FollowNEW YORK, Dec 27 (Reuters) - A divided federal appeals court on Tuesday threw out the insider trading convictions of four defendants, including two former hedge fund partners, over leaks from a U.S. healthcare agency about planned changes to Medicare reimbursement rates. The court agreed with prosecutors that the May 2018 convictions could not stand after a 2020 Supreme Court ruling that clarified when alleged misuse of property triggered federal fraud laws. They said Blaszczak passed the information to Huber and Olan, who used it to make $7 million by trading healthcare stocks. The appeals court upheld the defendants' convictions in 2019, but the Supreme Court ordered a reconsideration after ruling in the so-called "Bridgegate" case. The court said the alleged scheme did not aim to obtain "property" within the meaning of the underlying fraud statute.

Garvey had argued that the Sarbanes–Oxley Act of 2002 (SOX), which protects workers who report securities violations, can apply to securities fraud that occurs overseas but affects U.S. markets. Circuit said SOX's whistleblower protections do not prohibit securities fraud, so any impact on the U.S. was irrelevant in applying the law. Nor did Morgan Stanley, which has denied retaliating against Garvey. An administrative law judge ruled that SOX did not apply to overseas workers, and a review board agreed last year. For Garvey: pro seFor DOL: Reynaldo FuentesFor Morgan Stanley: Michael Kenneally of Morgan Lewis & BockiusOur Standards: The Thomson Reuters Trust Principles.

[1/3] Amazon Labour Union (ALU) organizer Christian Smalls speaks at an Amazon facility during a rally in Staten Island, New York City, U.S., April 24, 2022. Smalls in a lawsuit filed that year said he was targeted because of his race and his advocacy for the warehouse's largely non-white workforce. Smalls and other workers at the warehouse founded the Amazon Labor Union, which in April won the first U.S. union vote in Amazon's 27-year history. Workers at other Amazon warehouses in New York and Alabama have rejected unions. Several complaints were filed with the U.S. National Labor Relations Board claiming Amazon illegally retaliated against pro-union workers at the Staten Island warehouse, including Smalls.

Amazon fired Smalls in March 2020, saying he joined a protest at the Staten Island warehouse where he supervised other workers despite being on paid quarantine after he had close contact with someone diagnosed with COVID-19. Smalls in the lawsuit says he was targeted because of his race and his advocacy for the warehouse's largely non-white workforce. The 2nd Circuit judges on Tuesday said he failed to back up those claims, echoing a New York federal judge who dismissed the case last year. Smalls and other workers at the warehouse founded the Amazon Labor Union, which in April won the first U.S. union vote in Amazon's 27-year history. Smalls may have believed that Amazon's practices were racially motivated, Schwartz said, but "Amazon is not required to read his mind."

Nov 3 (Reuters) - U.S. Supreme Court Justice Sonia Sotomayor on Thursday rejected a bid by a businessman to block his extradition to South Korea to face embezzlement charges that stemmed from a 2014 ferry sinking that killed 304 people. He also is known as Keith Yoo. Sotomayor is the justice assigned to review emergency appeals from a group of states that include New York, where Yoo's extradition case had been pending. "We are disappointed the Supreme Court denied our motion to stay Keith Yoo's extradition pending resolution of his appeal," his lawyer Shawn Naunton said in a statement. Yoo's lawyers had argued that the U.S. State Department - not judges - should decide whether South Korea waited too long to seek Yoo's extradition under its 1998 treaty with the United States.

Under the decades-old policy, defendants who settle without admitting to allegations must agree not to publicly deny them. U.S. District Judge Ronnie Abrams took said in a ruling that requiring "gag orders" clashes with the constitutional protection of free speech. The SEC has defended the policy, saying that defendants are free to challenge allegations in court instead of settle. Circuit Court of Appeals have criticized the policy, no court has ruled against the SEC. The case is SEC v, Moraes, U.S. District Court, Southern District of New York, No.

Royal Bank of Scotland signs are seen at a branch of the bank, in London, Britain December 1, 2017. RBS agreed to settle Justice Department and FHFA investigations over its sales of residential mortgage-backed securities in the run-up to the financial crisis. The SEC did not pursue its own action against RBS in this instance. The petition Hong filed on Monday asks the Supreme Court to consider what constitutes an "action" within the SEC's whistleblower incentive program. "The better a whistleblower's information, the larger the sanctions, the larger the whistleblower award, and the greater the self-interested motivation for the SEC to take enforcement actions that it has conveniently placed outside of Dodd-Frank's reach," it added.

Circuit Court of Appeals in New York reversed a federal judge's ruling that said only the U.S. Occupational Safety and Health Administration (OSHA) had the power to review complaints about Amazon's workplace safety practices. The case involves workers at an Amazon warehouse in Staten Island that employs about 5,000 people and had become the company's first unionized facility earlier this year. On Tuesday, workers at an Amazon warehouse near Albany, New York, voted nearly two to one to reject a union campaign in the company's fourth union election this year. Amazon has denied wrongdoing and said it took various steps to protect warehouse workers. The 2nd Circuit on Tuesday reversed with respect to the workers' claim that Amazon violated a New York state workplace safety law by failing to prevent the spread of COVID-19.

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