1. Court Rules ACLU Lawsuit On Behalf Of Former Gitmo Prosecutor Fired By Library Of Congress Can Move Forward
In March, a federal court ruled that a suit brought by the ACLU on behalf of Colonel Morris Davis against the Library of Congress could move forward. Davis alleged that he was wrongfully fired because Library administrators disagreed with opinion pieces he published in the Wall Street Journal and Washington Post. The ACLU charges that the firing violates Davis’ right to free speech.
2. E-Discovery Sanctions Awarded after Case Is Closed
In June, Blitz USA, Inc. was hit with sanctions stemming from a case it had settled nearly a year prior. Having learned that Blitz had failed to properly institute a litigation hold, and had additionally failed to produce certain documents and preserve other documents, plaintiff’s counsel sought and were granted stiff penalties, including $250,000 in civil contempt sanctions.
Green v. Blitz USA, Inc. stands as a stern warning about the risks of improper discovery management. Blitz USA has appealed the order.
3. Real Estate Law Center Files a Mass Tort Lawsuit Against Bank of America
July saw Bank of America facing mass tort litigation filed by the Real Estate Law Center on behalf of homeowners. The suit claims that “Bank of America systematically committed deceptive and unfair business practices by not offering homeowners options out of “bad loans” that Bank of America and Countrywide originated.” Due to the complexity of the claim, resolution is expected to take months, and the outcome will likely establish critical legal precedent.
4. Appeals Court Tosses ‘Don’t Ask Don’t Tell’ Challenge
In September, the Log Cabin Republicans lost their bid to have the US military’s “Don’t Ask, Don’t Tell” law declared unconstitutional. The group had sought the ruling in spite of (or in addition to) the law’s repeal, in order to prevent future administrations from reviving it. Counsel for the Log Cabin Republicans will seek a rehearing.
5. Dole Settles Massive Pesticide Litigation
Long-running litigation against Dole Food was finally settled in October when the firm reached an agreement covering cases involving Central and South American farm workers who alleged injuries caused by the pesticide DBCP. Parties did not disclose the amount of the settlement.
6. Madoff ex-clients file $19 billion suit against JPMorgan
November brought the filing of a class-action suit by victims of Bernie Maddoff’s Ponzi scheme. Plaintiffs sought to recover nearly $19 billion from JPMorgan Chase, claiming that the bank was complicit in concealing the scheme. The matter was brought in addition to a similar suit which was filed by Irving Picard, the trustee charged with recovering money for the victims, and subsequently thrown out by a federal judge.
7. Attorneys Prepare for Trial in Liability Case against BP
Also in November, attorneys began prepping for what stands to be the most massive litigation in US history: the liability lawsuit against BP and other energy firms. More than 120,000 claimants have joined the suit, alleging personal and financial losses after the explosion of the Deepwater Horizon rig, which caused the worst oil spill in the country’s history. The matter is set to be heard in February.
Additionally, several BP employees may face federal criminal charges as a result of their actions following the disaster.
8. MF Global Employees Not Going Down Without A Fight
With the collapse of MF Global in October, three former employees filed suits claiming termination without cause and seeking to recover more than $25 million in wages, bonuses, commissions and benefits. The plaintiffs additionally requested class action status.
9. Judge dismisses $1B lawsuit against Microsoft
In tech litigation, December brought the dismissal of Novell’s suit against Microsoft. The suit, which centered around development of the word processing application WordPerfect for Windows 95, was the last major private anti-trust case to follow Microsoft’s settlement of federal anti-trust enforcement actions brought by the government in 2003.
10. ‘Huge’ RCMP gender discrimination class-action lawsuit widens as more women come forward
Also in December, our neighbors to the north started down a long and difficult road as the number of claimants in a gender discrimination class action suit against the Royal Canadian Mounted Police continued to grow. The case will likely be filed in January.
