Ep. 327: Justices Consider The Reach Of Mass Tort Immunity

On our last Pro Say episode of 2023, we're also sad to report that it is the final episode of the show. Join the hosts as we take a walk down memory lane to remember our best pop culture moments, biggest news stories, and most memorable guests from the podcast. We’re joined by a special guest and original Pro Say co-host, Bill Donahue, to help us reflect on the happy memories we have from this wonderful, engrossing experience.

Epic Games prevailed in its closely watched antitrust trial against Google this week, convincing a California federal jury that Google’s app store functions as an illegal monopoly that jacks up prices for app developers and smothers competition. This week on Pro Say we sift through the huge defeat for Google that, if upheld on appeal could transform the entire app store economy and mark a pivotal moment as the tech giant faces a slew of other antitrust suits that figure to heat up in the coming months. Also this week, the Supreme Court agrees to hear a high-stakes dispute over a lower court judge’s controversial decision to block the FDA’s decades-old approval of a common abortion drug; and a former Greenberg Traurig patent attorney escalates his defamation battle against a TikTok influencer who claims protection as a “citizen journalist.” And finally, the hosts prepare to take the Bard Exam as the Michigan attorney general leans on Shakespeare in a testy environmental case.

As Purdue Pharma looks to exit bankruptcy, a key part of its proposed reorganization plan has made its way to the Supreme Court: a deal by which the Sackler family pays $6 billion in exchange for a shield from future opioid crisis claims. Joining Pro Say this week is Law360 senior bankruptcy reporter Vince Sullivan, who walks us through these controversial releases and how they’ve been received by the justices. Also this week, Florida Gov. Ron DeSantis’ legal feud with Disney trudges on with a new oversight report, and former North Carolina public defender prepares for trial in a case targeting the federal judiciary’s handling of her sexual harassment complaint, with only her husband remaining as co-counsel. Finally, whether it was an innocent random prank or a targeted attack, the Ohio Supreme Court suspends an attorney for flinging a Pringles can of his own feces into a parking lot.

The Justice Department’s years long push to use antitrust laws to crack down on wage suppression and “no poach” agreements appears to be slowing down, as the department quietly dropped a case against a United Healthcare unit earlier this month, marking the latest in a series of losses and retreats. Joining Pro Say this week is Law360’s senior competition reporter Bryan Koenig, who will break down the steady decline of those enforcement efforts, and the DOJ’s failure to convince a single jury to convict on any labor-related antitrust criminal charges. Also this week, 3M and other manufacturers undo an 11-million member class certification in the sprawling legal fight over “forever chemicals,” and attorneys for Lizzo try to quickly escape a racial bias and harassment suit filed by her backup dancers.

The Pro Say crew convenes to give thanks for all the unusual legal news that made us laugh this year. Join us for our annual tradition of revisiting the best of our offbeat segments, including a look at a woman who tried to get paid a reward from Lady Gaga despite involvement in dognapping the pop star’s pooches; police who sued Afroman for using an ill-fated raid as fodder for new music and merch; and the latest on Cocaine Bear, the wedding officiant.

After intense public scrutiny over ethics, the U.S. Supreme Court released its first-ever code of conduct governing the behavior of the justices. The justices claim the new code codifies what they have long been doing and should dispel public misunderstandings about judicial ethics. But does it do enough? Law360 Supreme Court reporter Katie Buehler joins us to break it all down. Also this week, Law360’s senior reporter in Florida Carolina Bolado stops by discuss the strange and tragic medical malpractice case at the center of Netflix’s documentary, “Take Care of Maya,” in which a jury awarded more than $260 million in damages to the family of a young patient after finding that a hospital mistreated her and forced her mother to commit suicide. Finally, some news on a bevy of stories in legal fiction, from the big screen, to the small screen, to the stage!

Last week’s conviction of cryptocurrency fraudster Sam Bankman-Fried was fueled in part by the FTX founder’s unusual decision to take the stand in his own defense. It was an ambitious gambit that did not pay off, as Bankman-Fried now faces decades in prison for his crimes. Joining Pro Say this week in Law360 New York courts reporter Rachel Scharf to discuss SBF’s decision to take the stand and wrap up coverage of a wild monthlong trial. Also this week, the NCAA faces billions in damages as thousands of athletes challenging its name, image and likeness rights restrictions score a huge procedural win, and the Supreme Court examines whether a gun ban for individuals subject to a domestic violence restraining order violates the Second Amendment. Finally, from Aaron Judge to Lawyer Milloy, a brief tour of legal names in the wide world of sports.

The 2017 Unite the Right rally in Charlottesville, Virginia, seized the nation’s attention as a gathering of white nationalists opposing the removal of a Confederate statue soon turned deadly. What came next was a years-long legal fight to hold the rally’s organizers accountable for the violence, which was chronicled in the recent HBO documentary “No Accident.” This week on Pro Say, we’re joined by attorneys Michael Bloch and Benjamin White, who successfully litigated the case. They share details about the complex trial strategy that may lead to success in future efforts to use the legal system to fight against hate. Also this week, the real estate industry is rocked by $1.8 billion antitrust verdict finding collusion between realtors and brokerage companies to keep commission fees artificially high, and the demise of former BigLaw stalwart Stroock & Stroock offers lessons for struggling shops. Finally, it must be exhausting always rooting for the law school curriculum, as Taylor Swift steps into the world of legal academia.

This week saw 41 U.S. states and the District of Columbia launch an all-out legal blitz against Meta, alleging that the tech giant is using addictive features to get kids hooked onto Facebook and Instagram. This week on Pro Say, the hosts break down the particulars of the suit, and how it fits into the broader push for more child-oriented safeguards on social media. Also this week, a Google executive wins a $1.2 million gender discrimination verdict, but can’t convince the jury she was illegally paid less than her male counterparts, and it’s the end of an era as the LSAT eliminates the “logic games” portion of the exam to settle a years-old lawsuit. Finally, the hosts unpack the implications of an octogenarian judge who claims he’s “too old” to have heard of 74-year-old conservative rocker Ted Nugent.

A secret conversation held in an empty courtroom has raised ethics questions for a judge, his clerk and a local attorney. And it may lead to a manslaughter conviction being tossed. On this week’s episode of Pro Say we’re joined by Marco Poggio who fills us in on this twisty legal drama. Elsewhere this week, the Israel/Palestine conflict reverberates into the U.S. legal system, as BigLaw shops rescind job offers to students for voicing solidarity with Gaza and the government is hit with a lawsuit challenging its refugee policy. We’ll also discuss the Baltimore archdiocese’ move to seek bankruptcy protection, and what it means for sex abuse victims that thought they had a green light for suing the church. Finally, we look at an Oklahoma judge under fire for a range of improper texts with her bailiff, which mocked the appearances of attorneys and witnesses during a murder trial…AS the trial was underway.