Morning Docket
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Morning Docket
Morning Docket: 05.29.18
* In a perfect example of everything wrong with GDPR there are now concerns that, under its terms, blockchain is prohibited. So a law designed to protect privacy might derail the most secure privacy protection technology on the market. Good job! [Legaltech News]
* For months, I’ve used the phrase “GDPR-Y2K-2018.” Looks like someone agrees with me. [Corporate Counsel]
* The lesson we’ve learned over the past week is that being pro-segregation really boosts your chances for the federal bench these days. [Courthouse News Service]
* The air is no so sweet down on Sesame Street, where they’re suing Brian Henson over his new movie, “Happytime Murders.” [Law360]
* A deep dive into that dispute that’s put Michael Avenatti’s firm on the hook for millions. [New York Law Journal]
* Trump’s trade policy may result in economic ruin, but it’ll make a lot of money for lawyers. [American Lawyer]
* Payday lender who tried to skirt the law by claiming to be on Indian reservations slapped with 8-year sentence. [WTOP]
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Morning Docket
Morning Docket: 05.25.18
* Harvey Weinstein has turned himself in to the NYPD. [Vox]
* Happy GDPR Day! [Wall Street Journal]
* Emmet Flood attended the DOJ’s briefing for congressional leaders because defense attorneys are always allowed to attend internal conversations about law enforcement tactics in ongoing investigations. [Talking Points Memo]
* Elon Musk may want to put away the Twitter machine for a bit now that he’s stepped into possible labor law violations. [Engadget]
* The Samsung-Apple war continues with a jury awarding Apple $539 million for IP infringement. [Law360]
* Professor Steven Calabresi is arguing that Robert Mueller’s whole job is unconstitutional. We’ve really come a long way from conservatives hailing the appointment of a no-nonsense lifelong Republican, haven’t we? [The Hill]
* Also, Calabresi is completely wrong. [Legal Skills Prof Blog]
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Morning Docket
Morning Docket: 05.24.18
* For Tex McIver, love means never having to say you’re sorry… for shooting your wife in the back. [Daily Report Online]
* Vivia Chen wonders if my personal trolling that finally convinced Aaron Schlossberg to release a statement distancing himself from his racist tirade. The answer is yes. [American Lawyer]
* Michael Avenatti got some bad news in court the other day when a judge ordered his firm to pay $10 million to a lawyer who used to work with them and alleged the firm shorted him on his share of the profits. [NY Post]
* Ben Brafman’s working overtime to convince federal prosecutors to stay out of the Harvey Weinstein matter. If successful, Brafman would just have to tell Cy Vance that Weinstein is rich and that should shut down the whole inquiry. [New York Law Journal]
* Trump’s continued attacks on federal law enforcement are… bad. Thankfully, trickster god Rod Rosenstein has a plan. [Atlantic]
* The appeals court upheld the ruling striking down California’s assisted suicide law. That’s probably the right result in this case. [NPR]
* AI is changing the legal sector. Especially when you realize that AI isn’t what its hype men were selling a couple years ago. [Forbes]
* MSU has a new lawyer and he’ll have his hands full. [Corporate Counsel]
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Morning Docket
Morning Docket: 05.22.18
* A full 85 percent of companies aren’t ready for the GDPR implementation deadline later this week, meaning… well probably nothing, but let’s freak out about it anyway. [Corporate Counsel]
* Jones Day’s Dana Baiocco tabbed by Trump administration to the Consumer Product Safety Commission to end Democratic leadership on that board. So get ready for exploding bottles and nails just sticking out of stuffed animals… because “freedom.” [National Law Journal]
* DOJ tests new investigative tactic of just telling suspected criminals everything before interviewing them. [Huffington Post]
* We’re deregulating banks again because that’s historically worked out so well. [Wall Street Journal]
* South Carolina has repealed its “disturbing school” law, which was really just a vague catch-all provision to allow cops to harass and imprison black kids. [ACLU]
* Paul Manafort looks to suppress more evidence. Hey it’s worth a shot. [Courthouse News Service]
* In sad news, groundbreaking attorney Dovey Johnson Roundtree has passed away at 104. [Washington Post]
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Morning Docket
Morning Docket: 05.21.18
* According to Rudy Giuliani, special counsel Robert Mueller is planning to have the Russian election interference probe wrapped up by September 1 — but that end date is apparently contingent on President Trump agreeing to be interviewed. Ooooh, stay tuned, this might get good soon! [New York Times]
* Yesterday, President Trump demanded via Twitter that the Justice Department look into whether his campaign was “infiltrated or surveilled” by the FBI or DOJ for political purposes. Deputy AG Rod Rosenstein said he’d be happy to “take appropriate action,” and promptly kicked the can to the Inspector General. [Axios]
* In the meantime, never mind the fact that he’s never once been contacted by Robert Mueller’s team, but Roger Stone says he’s “prepared” to be indicted as part of the Mueller investigation after they “conjure up some extraneous crime pertaining to my business.” The Trump ally doth protest too much, methinks. [NBC News]
* NO-NO-NO-NOTORIOUS: Elena Kagan isn’t the only Supreme Court justice who’s shown support for the new law clerk hiring plan. Justice Ruth Bader Ginsburg reportedly spoke highly about the plan during a recent meeting of the Federal Judges Association. Good luck to all future clerkship applicants! [National Law Journal]
* The millennials are here and make up 43 percent of all attorneys (psssstttt, they’ve been here for a while already), but the legal profession is just getting around to making the changes that this generation prioritizes. Law firms better hurry up and start providing all of the warm and fuzzy things they want. [American Lawyer]
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Morning Docket
Morning Docket: 05.18.18
* Manafort’s old son-in-law is flipping because that’s what happens in a criminal conspiracy case. [NBC]
* And now New Jersey is codifying school segregation. This, folks, is why it’s entirely relevant to know if federal judicial nominees believe Brown v. Board is rightly decided. Sadly, the officials running the confirmation process say those questions are unfair. [New York Times]
* The Gawker Media saga ends as its Chapter 11 settlement is approved. In celebration, Peter Thiel is going to drink the good blood. [Law360]
* Kirkland loses four partners to Gibson Dunn.[National Law Journal]
* The anatomy of a satirical SCOTUS story that went viral. [ABA Journal]
* Vivia Chen explains how women should be more like Michael Cohen, and I know that sounds bad, but she’s got a good point. [American Lawyer]
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Morning Docket
Morning Docket: 05.17.18
* A whistleblower reports that SARS reports regarding Michael Cohen’s transactions are missing from FINCEN. SARS don’t just disappear without a trace… well, the disease did, but the reports shouldn’t. [New Yorker]
* After passing an abortion law accomplishing little more than exposing the state’s taxpayers to litigation expense, Iowa is going to have to find someone else to defend it because Attorney General Tom Miller wants no part of it. [ABC]
* The FTC’s new consumer protection chief represented payday lenders, and really what’s so bad about a 110 percent interest rate anyway? [The Hill]
* Wolf of Wall Street needs to up his payments to victims. [Law360]
* Facebook is getting into the blockchain game meaning soon your vacation photos will overtake Bitcoin as the most inherently worthless thing backed by blockchain. [Legaltech News]
* An interview with a federal magistrate judge finally answers the question: what’s the penalty for Yogi Bear stealing a picnic basket? [Coverage Opinions]
* The Senate, against all odds, voted to save net neutrality yesterday. [Courthouse News Service]
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Morning Docket
Morning Docket: 05.16.18
* The Novartis lawyer who paid off Michael Cohen is retiring. [Washington Post]
* A judge has overturned California’s assisted suicide law. I honestly thought we were done having fights over assisted suicide. [NPR]
* Pillsbury picks up tax team from Eversheds. [American Lawyer]
* Lawyers may not like legal ops, but the cottage industry is booming. [Law.com]
* For anyone still holding onto the delusion that Robert Mueller didn’t have the authority to prosecute Manafort, that’s gone now. [Courthouse News Service]
* The SEC is cutting back on corporate enforcement, shocking no one. [National Law Journal]
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Morning Docket
Morning Docket: 05.15.18
* The Supreme Court’s sports gambling ruling guts “core business” of mobsters. So now we know how The Soprano’s really ended. [NY Post]
* More women join the gender bias suit against Ogletree. Not to belabor the point, but how does an employer defend a suit like this when they can’t hire Ogletree? [American Lawyer]
* Good news for Missouri Governor Eric Greitens! Prosecutors have dropped the invasion of privacy charge against him. Now he only faces… all the other reasons you can’t take nude pictures of people without their knowledge and use those to blackmail them. [Courthouse News Service]
* Court rules that a group of NRA-affiliated teenagers challenging gun control laws can’t do so anonymously. Fox focuses on the high risk of ‘harassment’ the students now face because people might criticize them. Fox isn’t even hiding its snowflake leanings anymore. [Fox News]
* The NY Giants have settled with the guy who said they were involved in a conspiracy to fake game-worn memorabilia (and, perhaps more importantly, an intellectual property dispute over some technology the guy patented). Line up now for game-worn tokens from the upcoming 4-12 campaign! [Law360]
* For Iowa’s six-week abortion law, the life of its hefty litigation price tag began at signing. [Des Moines Register]
* Michigan lawyer billed 3600 hours last year. That’s nothing. Wake me when he’s pulled off the elusive 29-hour day. [American Lawyer]
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Morning Docket
Morning Docket: 05.14.18
* Could it be? Will another Biglaw firm be dragged into this mess after Skadden? Michael Avenatti, lawyer to Stormy Daniels, thinks that special counsel Robert Mueller ought to take a look at Squire Patton Boggs, the firm that’s been working hard to disavow its “strategic alliance” with Michael Cohen, the president’s personal attorney. [Newsweek]
* “[Y]ou can’t have one rule for Democratic presidents and another rule for Republican presidents.” Chairman Chuck Grassley of the Senate Judiciary Committee, who recently suggested that any Supreme Court justice who was thinking about retiring do so right f**king now, claims that he won’t hold any hearings or votes for a Supreme Court nominee during the lead-up to the 2020 election [Bloomberg]
* The American Bar Association is planning to do away with its requirement that accredited law schools use a standardized admissions test to admit students. Will any law schools actually go so far as to admit students without any test scores at all? More on this later today. [Law.com]
* The end of the latest Supreme Court Term is drawing near, and if you’ve been watching goings-on at the high court, you know what that means: justices seem to be more likely to injure themselves now than during any other time of the year. Cross your fingers and hope that no one else sustains any broken bones — or worse — before the end of June. [CNN]
* Public law schools are usually cash cows for their associated undergraduate universities, but one law school is doing the complete opposite thanks to a dip in applications. But for a gigantic annual subsidy from main campus ($7.5 million), the University of Minnesota School of Law wouldn’t be able to balance its budget — and the school will need even more by 2020 ($12 million). Yikes! [Duluth News Tribune]
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Morning Docket
Morning Docket: 05.11.18
* Senator Chuck Grassley of the Senate Judiciary Committee really, really, really wants any Supreme Court justice who’s considering retiring any time soon to speed things up and retire immediately so their successor can be confirmed ASAP before the midterms. You hear that, Justice Kennedy? You apparently need to announce your retirement “now or within two or three weeks.” [Reuters]
* Quinn Emanuel may face an investigation from the Solicitors Regulation Authority, the agency responsible for overseeing attorneys in the United Kingdom, in the wake of allegations concerning a dismissed partner’s inappropriate behavior. The firm reported itself to the SRA, because it takes the allegations “extremely seriously.” [Legal Week]
* Squire Patton Boggs is really trying to distance itself from Michael Cohen. Remember that strategic alliance they had? Psshtttttt, please, forget about that. Under the bus you go, my friend: “At all times, Cohen maintained his independence, was not an employee of the firm, and did not maintain files or bill clients through the firm.” [The Hill]
* The Federal Communications Commission is planning to kill net neutrality on June 11, one day before the Senate is set to vote on Congressional Review Act resolution that seeks to overturn the FCC’s repeal of net neutrality rules. [NPR]
* Dr. Dre, the rapper, lost a trademark infringement fight against Dr. Drai, the gynecologist. These motherf**kers at the U.S. Patent and Trademark Office act like they forgot about Dre. [Courthouse News Service]
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Morning Docket
Morning Docket: 05.10.18
* McDermott Will & Emery has a new plan to protect Michael Cohen: get Michael Avenatti’s pro hac motion denied. That seems… weak. [National Law Journal]
* Another list of possible successors to Eric Schneiderman. Still no one talking about Eliot Spitzer… that guy has experience! [Law360]
* David Lat argues that the end of blue slips is a good thing for the judiciary over the long-term. He’s totally right, and regardless of the naked cynicism involved, it’s refreshing that Senate Republicans have decided to ditch their states’ rights principles over this. [New York Times]
* Interesting election-related legal issue: can Facebook ban international advertisers from buying ad space related to the upcoming midterms? The answer seems to be yes. [Corporate Counsel]
* Have lawyers finally embraced the cloud? [Legaltech News]
* Managing clerk isn’t known as a particularly lucrative position. But a former Simpson Thacher clerk figured out how to make ends meet. Unfortunately, he’s going to have to go to jail for it. [American Lawyer]
* Lawyers for white guy accused of murdering a black student argue that his Facebook posts are too offensive to be shown to the jury. They say stuff about him hating black people and, really, what’s the probative value of that in a case where the defendant had no apparent motive other than racial animus? [Daily Beast]
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Morning Docket
Morning Docket: 05.09.18
* No collusion! Michael Cohen’s shell company — the same one used to pay hush money to Stormy Daniels — received more than $1 million in payments from a company that’s been linked to a Russian oligarch with close ties to Vladimir Putin. The same oligarch was sanctioned by the Trump administration for election interference. Special counsel Robert Mueller is on it. [New York Times; CNN]
* If President Trump does sit down for an interview with the special counsel, he could make history if he decides to plead the Fifth Amendment. No American president has ever used the Fifth Amendment to avoid self-incrimination while still in office. [TIME]
* Is your law school following the new law clerk hiring plan? It better be, if your graduates want a chance to clerk with Justice Elena Kagan. The former law school dean says she’ll “take into account” in her own clerkship hiring whether law schools and lower court judges have complied with the plan. [National Law Journal]
* A former professor and an alumnus from Charlotte Law School have added the American Bar Association to their suit against the defunct for-profit school, claiming in an amended complaint that the ABA negligently certified the school and “failed to act as a reasonable accreditor” — which makes sense. [Law360 (sub. req.)]
* A 15-member panel comprised of Florida State University faculty, staff, students, and alumni want the name of their law school building to be changed. It’s currently named after former Florida Chief Justice B.K. Roberts, who worked to keep the University of Florida’s law school segregated. [News 4 JAX]
* Sorry, Tommy and Kiko, but you’re going to have to stay in your cages. The New York Court of Appeals refused to hear a habeus appeal on behalf of the chimpanzees, allowing a ruling that they are not legal persons and therefore have no legal rights to stand. At least the concurring opinion was a little less dour. [Reuters]
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Morning Docket
Morning Docket: 05.08.18
* With NY Attorney General Eric Schneiderman resigning, the negotiations to determine his successor are in full swing. Expect someone no one has ever heard of from some upstate DA’s office who will then hold the job for a decade. [New York Law Journal]
* Trouble in paradise? Donald Trump reportedly frustrated with Rudy Giuliani because Fox is starting to let him know that Rudy’s completely screwing him. But is he? It may be embarrassing, but if he sells the story that Cohen paid off women all the time, then it may not be a campaign law violation because it’s something he does in the ordinary course. Giuliani’s may be crazy like a fox. Or just crazy. [Time]
* GDPR = Y2K 2018? European regulators claim they aren’t ready for the planned switch over to GDPR. The law is definitely more stringent than what most of Europe was used to, but it’s not wildly out of sync with what some countries were already doing. Stop hyperventilating and get it together, people. [Reuters]
* The SEC wants a completely open-ended opportunity to meet with Jay-Z. He says this is unreasonable and offered them a full day of testimony. Why are we wasting a judge’s time with this? Give the SEC one whole day with the right to come back to make a request for more. It’s an SEC investigation, it’s not Bonnie & Clyde. [Law360]
* The administration may have pardoned Sheriff Joe for his crimes, but that doesn’t mean the county who elected him over and over can avoid paying for it. The Ninth Circuit determined that Maricopa County is on the hook for the illegal activity Sheriff Joe perpetrated behind his badge. [The Recorder]
* Forget Amazon, drones are now delivering contraband and other smuggled goods. Ah, the future. [Futurism]
* A financial technology firm claims Perkins Coie and Bracewell cost it millions of dollars by leading it into a contract with Morgan Stanley without protecting it from changes the bank made to the contract. Are you saying a major bank tried to screw someone over? [American Lawyer]
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Morning Docket
Morning Docket: 05.07.18
* According to Rudy Giuliani, if special counsel Robert Mueller issues a subpoena, Donald Trump “[doesn’t] have to” comply with it. After all, “[h]e’s the president of the United States. [He] can assert the same privileges other presidents have.” And he has no plans to allow Trump to sit for an interview with Mueller — Giuliani won’t allow him to “walk him into a prosecution for perjury.” Admitting during a TV interview that your client is a liar? Check. [Washington Post]
* And that’s not all, folks! According to Rudy Giuliani, although he has “no knowledge” of it having happened, Michael Cohen may have paid hush money to other women — similar to money that was paid to Stormy Daniels — to get them to stay silent about their alleged affairs with Donald Trump “if it was necessary.” [CNN]
* So, about Morrison & Foerster’s $100 million “mommy track” lawsuit: The firm’s managing partner, Larren Nashelsky, has commented on the allegations, stating that MoFo is “somewhere between disappointed and angry” because “[i]t’s just not who we are, it’s not what we value and it’s, in fact, not how we operate.” [American Lawyer]
* Of course a Biglaw partner owns the horse that won the Kentucky Derby. Congrats to both Justify and C. Edward Glasscock, chairman emeritus of Frost Brown Todd, on their big win during the first leg of this year’s Triple Crown. [American Lawyer]
* Sylvia Bloom, a legal secretary who retired from Cleary Gottlieb after working at the firm for 67 years, amassed a $9+ million fortune by purchasing the same stocks as her boss. In her will, she directed that the majority be donated for college scholarships. Be sure to thank your maybe-millionaire secretary today, everyone. [New York Times]
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Morning Docket
Morning Docket: 05.04.18
* Mueller requests 70 blank subpoenas! Which… actually doesn’t seem like an inordinate amount in a case like Manafort’s, but let’s overreact anyway. [Courthouse News Service]
* Ty Cobb absolutely demolishes Steve Bannon. [Vanity Fair]
* Trump Place successfully won the right to drop Trump’s name from the building. According to the Constitution, the building will now be called “Pence Place.” [New York Times]
* Wild lawsuit against the former president of Ohio Christian University, who allegedly pulled a Trump and fired the people investigating wrongdoing. That move seems to be coming back to haunt him. [Inside Higher Ed]
* Young lawyers call for office overhaul. Ostensibly this is to make offices better suited to modern work styles, but it’s mostly because law offices are generally all terrible and we’re reaching for any excuse that might actually convince someone to renovate. [Law.com]
* Firm plans IPO to raise $58 million. [International]
* A copy of an intangible thing can be tangible rules NY Court of Appeals after, apparently, binging on edibles [Law 360]
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Morning Docket
Morning Docket: 05.03.18
* “What did Rudy say? Oh. OK, so, you see, the thing is, Cohen was paid back, but through his monthly retainer so I didn’t know he was paying hush money to porn stars that I definitely didn’t sleep with because that might trigger an out in my prenup… are we done here?” [Twitter]
* A look at Biglaw firms still owed big bucks by bankrupt clients. [American Lawyer]
* Yale Law is so far ahead of the curve, they’ve got 1Ls suing Jeff Sessions. [Connecticut Law Tribune]
* A webcam is drawing attention to the osprey nest on the roof of Oregon’s Law School. Anything to keep attention off the blackface-wearing professor they still employ… [Around the O]
* In case you were looking for another reason to feel revulsion over the Washington NFL team, the cheerleaders allege the team asked them to be literal escorts for wealthy sponsors on a trip to Costa Rica… that they didn’t get paid for. [CNN]
* Which law firms boast the best legal tech game? [Legaltech News]
* The Second Circuit is bringing back the lawsuit over abuse of the no-fly list. The government allegedly dumped people on the no-fly list if they refused to be informants. [Law360]
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Morning Docket
Morning Docket: 05.02.18
* “This isn’t some game. You are screwing with the work of the president of the United States.” This is what John Dowd reportedly said in response to special counsel Robert Mueller when the possibility of issuing a subpoena for President Trump to appear before a grand jury was raised during a meeting with the president’s legal team. [Washington Post]
* Unnamed Republican lawmakers have drafted articles of impeachment against Deputy AG Rod Rosenstein, and he seems pretty pissed. Not only did he refuse to comment on documents that “nobody has the courage to put their name on,” but he countered that “the Department of Justice is not going to be extorted.” [USA Today]
* Per ex-White House aides, Ivanka Trump is “involved in everything,” so why hasn’t she been called in for questioning by Robert Mueller yet? Not only would the president “go nuclear,” but Mueller knows that “trying to interview Ivanka Trump would be like lighting a match to the highly combustible Donald Trump.” [Politico]
* For what it’s worth, Deputy AG Rod Rosenstein isn’t a fan of the fact that the Senate has been taking its sweet time to confirm his would-be colleagues at the Justice Department. The Criminal, Civil, Civil Rights, and Environment and Natural Resources Divisions have leaders in vote-pending purgatory. [National Law Journal]
* Before he had clients like Donald Trump and Sean Hannity, Michael Cohen was a personal injury attorney, and some of his clients allegedly staged their car “accidents” in an effort to commit insurance fraud. Some of Cohen’s clients are alleged to have not even been in the vehicle that was in the “accident” being litigated. [Rolling Stone]
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Morning Docket
Morning Docket: 05.01.18
* The New York Times has a list of the questions Mueller would like to ask Trump. Why are we hearing about it? Methinks the “he’s exceeding his mandate” noise is about to ramp up. Either that or the New York Times scored a coup with their RudyGiuliani_69@aol.com account. [NY Times]
* California Supreme Court opts for employee classification standard that critics claim could ruin the gig economy. That… sounds like a good thing. Happy May Day! [Law.com]
* Cleary is getting slapped with a harassment suit arising from conduct between two Williams Lea employees. What does Cleary have to do with this? Well, the employees work at Cleary, use Cleary equipment, and are directly controlled by Cleary. It’s the common law “walks like a duck” doctrine. [Law360]
* Bush ethics lawyer Richard Painter is running for Senate in Minnesota as a Democrat because we’ve reached the point where even the W era is renouncing the GOP. [CNN]
* The lawyer social event of the season is upon us, and it’s called the Sprint/T-Mobile merger. At least a dozen firms are getting in on this fray. [American Lawyer]
* Justice Sotomayor will get “reverse shoulder replacement surgery” which… sounds like the wrong direction. [National Law Journal]
* DACA fight looks like it’s heading for the Second Circuit. [Courthouse News Service]
* DA candidate in Maine suspended from practicing law over sexual assault allegations brought by a former client who was living in the candidate’s house. [Sun Journal]
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Morning Docket
Morning Docket: 04.30.18
* “Please Stay, Justice Kennedy. America Needs You.” The editorial board of the paper of record has penned a moving letter to Justice Anthony Kennedy, pleading with him not to retire from the Supreme Court during a moment in history when the high court — and the country at large — faces “an institutional crisis.” [New York Times]
* Par for the course? In order to be hired for her job, Attorney General Jeff Sessions’s top spokeswoman apparently had to swear fealty to President Donald Trump because she had criticized him during the 2016 Republican primaries. [Washington Post]
* House Republicans want to impeach Deputy Attorney General Rod Rosenstein, a punishment that was last used against an executive branch employee 122 years ago. FYI, “[i]t’s not meant to use to go after officials who don’t share your policy views or your political goals,” so it’s not likely to happen, but good luck with that. [USA Today]
* T-Mobile has agreed to buy Sprint (again), and this time, they think that the Trump administration will allow the deal to go through because they want Make America’s 5G Great Again. To paraphrase what Sprint spokesman Paul would say, all law firms are great, but we wonder which ones are on this deal. [Wall Street Journal]
* The first lawsuit has been filed against Southwest Airlines by a survivor of the deadly flight where a passenger was partially sucked out of the window following an engine explosion. The suit was filed by Lilia Chavez, who “prayed and feared for her life” after she “witnessed the horror” of the disaster, and now claims she has PTSD. [ABC News]
* Judge Robert F. Chapman, senior judge of the Fourth Circuit, RIP. [Fourth Circuit]