Today in The Courts Update

Coming up today

The U.S. Supreme Court is set to hear arguments in a dispute involving a government-run program to monitor for overfishing of herring off New England’s coast that gives its conservative majority a chance to further limit the regulatory powers of federal agencies. The justices are weighing appeals by two fishing companies of lower court rulings allowing the National Marine Fisheries Service to require commercial fishermen to help fund the program. Writer E. Jean Carroll is expected to testify at the second trial over claims former President Donald Trump defamed her after she claimed he raped her decades ago. Jurors will only consider how much Trump should pay Carroll in damages, not whether the alleged assault took place or whether Trump lied about it afterward. A jury last May ordered Trump to pay the former Elle magazine columnist $5 million for having sexually abused her during the encounter, and defaming her in 2022 by denying that it happened. A 3rd Circuit panel will consider whether to revive claims against TikTok by a mother whose 10-year-old daughter died attempting a viral stunt on the social media platform called the “blackout challenge.” A trial judge dismissed the case against TikTok. The appeals court will consider whether Section 230 of the Communications Decency Act should shield TikTok and similar companies from any liability. Mayer Brown’s Andrew Pincus will argue for TikTok and face off against Jeffrey Goodman of Saltz Mongeluzzi & Bendesky. A former U.S. Marine sergeant charged with manslaughter for killing Jordan Neely, a homeless man, on the New York City subway is due back in court for a judge’s decision on his motion to dismiss the indictment. Daniel Penny was captured in videos recorded by bystanders putting Neely in a chokehold from behind for several minutes on May 1. Penny pleaded not guilty later that month to charges of manslaughter and criminally negligent homicide in the Manhattan criminal court.