Disney agrees to have wrongful death suit decided in court, ABA looks to revise law school diversity rules, Kroger sues FTC, and more ??
Reuters Legal
From the courts to law firms, we bring you the latest legal news. Subscribe to our newsletters: https://bit.ly/3nhgllA
?? Good morning from The Legal File! Here is the rundown of today's top legal news:
?? Disney agrees to have Florida wrongful death lawsuit decided in court
Walt Disney agreed on Aug. 19 to have a court decide on a wrongful death lawsuit, brought by a widower in Florida, after earlier arguing the case belonged in arbitration because the man signed up for a trial of streaming service Disney+ in 2019.
The lawsuit was filed by the husband of a woman who died last year from an allergic reaction after eating at the Raglan Road Irish Pub and Restaurant in the Disney Springs shopping complex in Orlando.
"We believe this situation warrants a sensitive approach to expedite a resolution for the family who have experienced such a painful loss," Josh D'Amaro, Chairman, Disney Experiences told Reuters.
"As such, we've decided to waive our right to arbitration and have the matter proceed in court," D'Amaro added.
In its initial response in April to the complaint, Disney made no mention of arbitration, instead arguing it was not liable because it has no control over Raglan's operations or management and merely serves as its landlord. However, in a later filing in May, the company argued that the lawsuit is subject to arbitration based on the complainant's Disney+ subscription.
?? ABA looks to strip 'race and ethnicity' from law school diversity rules
The American Bar Association is poised to eliminate references to “race and ethnicity” from its law school diversity and inclusion rules to comply with the U.S. Supreme Court’s 2023 ruling barring colleges from considering race in admissions after its accrediting body voted to solicit public comment on a revised rule.
The latest proposal shifts focus away from a “laundry list of identities” to the rule’s larger access goal, said University of Oklahoma law professor Carla Pratt, who sits on the ABA’s Council of the Section of Legal Education and Admission to the Bar.
The proposal also calls for the “diversity and inclusion” standard to be renamed the “access to legal education and the profession” standard. The only reference to race appears in guidance clarifying that the rules don’t require schools to take race or other identity characteristics into account in admissions or hiring decisions.
The ABA will circulate the proposal for public comment and could approve it as early as its meeting in November. The change would then need final approval by the ABA's House of Delegates, which next meets in February.
领英推荐
?? Kroger sues FTC, calling its in-house judges unconstitutional
Kroger has filed a lawsuit against the U.S. Federal Trade Commission, seeking to block the regulator from reviewing the grocery chain's proposed $25 billion merger with smaller rival Albertsons in its in-house tribunal.
Kroger called the tribunal unconstitutional, saying the matter should be resolved in a federal court.
The lawsuit filed in Cincinnati comes a week before the company is scheduled to face a trial where the FTC has asked a federal judge in Portland, Oregon, to temporarily block the merger while its in-house judges review the deal, arguing the merger could raise prices for shoppers.
Kroger Chairman Rodney McMullen said in a statement that the company is "prepared to defend this merger in the upcoming trial in federal court – the appropriate venue for this matter to be heard."
?? Ex-SEC crypto and cyber chief jumps to law firm McGuireWoods
David Hirsch, who until recently led the U.S. Securities and Exchange Commission's crypto assets and cyber unit, joined law firm McGuireWoods as a Washington, D.C.-based partner.
Hirsch left the SEC in June after nine years at the agency, where his roles included counsel to SEC Commissioner Caroline Crenshaw.
He served since 2022 as chief of the crypto assets and cyber unit in the agency's enforcement division where he guided cybersecurity enforcement priorities and enforcement actions related to registration obligations for crypto asset activities such as token sales and non-fungible tokens.
Hirsch will be part of McGuireWoods' securities enforcement and regulatory counseling practice. The group has recently added lawyers from the Financial Industry Regulatory Authority, including partner Todd Beaton in September, who was chief counsel in FINRA's enforcement department.
?? That's all for today, thank you for reading?The Legal File, and have a great day!
For more legal industry news, read and subscribe to The Daily Docket.