HOT DOCS

FREE SPEECH - Tatro v. Univ. of Minn.

OPINION – A mortuary science student posted several comments on Facebook about dissecting cadavers and joked about taking out her aggression in class and about stabbing someone with a trocar, in violation of a policy against speaking disrespectfully about cadavers or dissection outside the lab. University discipline did not violate student’s First Amendment rights. (Minn.)

ANTITRUST - In re Flonase Antitrust Litig.

OPINION – Indirect purchasers of Flonase who allege that GlaxoSmithKline PLC improperly filed sham citizen petitions with the Food and Drug Administration to block cheaper, generic versions of the nasal spray from entering the market have won limited class status. (E.D. Pa.)

CIVIL PROCEDURE – Khor Chin Lim v. Courtcall Inc.

OPINION – “Receipt” of a document under Federal Rule of Civil Procedure 77(d), (here a notice of dismissal of the plaintiff’s case), does not take place when mailed by the clerk, and does not take place only when opened and read. Receipt does not have an unusual meaning: it is when the document is delivered to the address of the litigant or of their counsel. (7th Cir.)

BEAR STEARNS COLLAPSE - S.E.C. v. Cioffi

MEMORANDUM - The federal district court reluctantly approved the SEC’s civil settlement with Ralph R. Cioffi and Matthew M. Tannin after their acquittal in criminal prosecution. Current law requires the settlement to take into account the gains by defendants and not the losses to victims of wire fraud and securities fraud, in this case allegedly more than a billion dollars. (E.D.N.Y.)

RECUSAL - DaSilva Moore v. Publicis Groupe

OPINION – U.S. Magistrate Judge Andrew Peck, who recently issued a first-of-its-kind order directing the use of predictive coding in discovery in a gender-discrimination class action, has refused to recuse himself from the case over the alleged “appearance of partiality.” (S.D.N.Y.)

COURT WIRE: JUST FILED