Week in review: What lawyers are reading on Westlaw Today
2023 LITGDBRF 0047
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By Westlaw Today
WESTLAW TODAY Litigation Briefing
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July 7, 2023
(July 7, 2023) - Catch up on some of Westlaw Today's most popular legal news stories for the week ending July 7, 2023.
Q&A: Is the independent state legislature theory dead? Not quite, expert says
Election law expert Richard L. Hasen says the U.S. Supreme Court has effectively adopted a weaker formulation of the independent state legislature theory, which will empower federal judges to second-guess state court rulings in politically sensitive election cases.
Turf wars: The courtroom battle over artificial turf safety may be closer than we think
Jennifer Steinmetz and Lucy Richman of Tucker Ellis LLP discuss studies and questions that have arisen over the safety of artificial turf and the types of lawsuits that have been brought and could be around the corner.
Q&A: Yes, slavery is still shaping case law in your state
Law professor Justin Simard discusses slavery's ongoing and often overlooked influence on contemporary American jurisprudence, and a new citation rule requiring lawyers and judges to acknowledge their reliance on cases involving enslaved people.
State attorney general actions: how outside counsel for AGs changes the game
Ashley Taylor, Ryan Strasser and Amy Pritchard Williams of Troutman Pepper Hamilton Sanders LLP discuss the involvement of outside counsel in representing state attorneys general and how that involvement can affect the dynamics of the litigation.
Florida can't limit land ownership by Chinese citizens, DOJ says
A Florida law restricting land ownership by individuals from China and six other countries is unconstitutional and violates federal prohibitions against housing discrimination, according to the U.S. Department of Justice.
After Mallory, businesses shouldn't panic, but they should be ready to keep fighting
Sean Marotta of Hogan Lovells discusses the U.S. Supreme Court's holding in Mallory v. Norfolk Southern Railway Co. that a Pennsylvania law that forced out-of-state corporations to consent to general jurisdiction in the state as a condition of registering to do business there was consistent with the federal due process clause.
Beware of BIPA and other biometric laws — BIPA class actions can result in astronomical damages
Anjali C. Das of Wilson Elser discusses class actions under the Illinois Biometric Information Privacy Act, including questions involving statutory damages and the statute of limitations.
Part II — Converging practices for bribery, export controls and sanctions anti-evasion regimes
In the second part of a two-part series, Hughes Hubbard & Reed LLP partners Michael Huneke and Jan Dunin-Wasowicz provide practical guidance for in-house teams and discuss what it means for sanctions to be the "new Foreign Corrupt Practices Act."
U.S. antitrust agencies propose significant changes to premerger notification requirements
Lauren Norris Donahue and Ken Knox of K&L Gates LLP discuss proposed changes to the US-premerger notification filing process, marking the first significant overhaul of the federal premerger notification form since its original release in 1978.
Georgia physician awaits $27+ million judgment following False Claims Act trial loss
Jonathan Porter of Husch Blackwell LLP discusses key elements of a False Claims Act action accusing a physician of falsely billing Medicare for nonapproved chelation therapy uses.