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Cannabis
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August 01, 2025
4 Mass. Rulings You May Have Missed In July
A cannabis company in the process of going out of business cannot rely on a state court receivership to shield it from creditors in other states, and the owners of shuttered Norwood Hospital can't renew an expired permit issued to bankrupt Steward Health.
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August 01, 2025
Pennsylvania Legislation To Watch For The Rest Of 2025
Legislation working its way through the Pennsylvania Legislature this year includes bids to expand the state's consumer protection law to make it harder for companies to lock customers into automatically renewing subscriptions and for landlords to use software to collaborate with one another to inflate rents. Here are some bills to watch in the latter half of 2025.
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July 31, 2025
CBD Store Sues DC Officials Over Cannabinoid Policy
A D.C. hemp retailer whose shop was raided and padlocked by city law enforcement is seeking to overturn a local statute that it says conflates illicit marijuana with hemp made legal under the 2018 Farm Bill, saying in its federal complaint that the district has violated the dormant commerce clause.
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July 31, 2025
Texas Court Allows Habeas Relief In Misdemeanor Fine Case
The Texas Court of Criminal Appeals on Wednesday ruled that defendants facing only fines can be eligible for pretrial habeas corpus relief, saying complaints, preliminary convictions and appellate bonds can constitute "restraint" under state law.
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July 31, 2025
Judge Rejects Hemp Interests' Bid To Halt Md. Pot Policy
A Maryland federal judge has declined to halt enforcement of a state policy that requires hemp retailers to obtain recreational cannabis licenses, saying the hemp interests that sought the injunction lacked standing and were unlikely to succeed on their claims.
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July 31, 2025
Immigration Board Raises Bar To Fight State Drug Convictions
The Board of Immigration Appeals ruled that an individual fighting removal after being convicted on state drug charges has the burden of proving the law they were convicted under is broader than federal law to avoid deportation.
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July 30, 2025
Connecticut Says 2 Men Sold $2.5M In Fake Cannabis Licenses
Two Connecticut businessmen ran a counterfeit cannabis licensing operation, selling fake credentials to as many as 70 retailers in the state for as much as $30,000 a certificate, according to a lawsuit filed by state officials who seek a $2.5 million judgment against the accused.
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July 30, 2025
Texas Senate Again Approves Ban On Hemp-Derived THC
Texas state senators on Wednesday once again gave approval to a legislative proposal to ban products with THC derived from hemp.Â
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July 30, 2025
Noem Hit With Religious Discrimination Suit Over Ayahuasca
A Florida woman alleges in a new federal discrimination lawsuit that U.S. Customs and Border Protection rescinded her job offer after she disclosed her religious practice includes consumption of ayahuasca tea, a federally controlled substance.
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July 30, 2025
RJR Gets New Trial, Undoing $8.1M Engle Progeny Verdict
A Florida appeals panel on Wednesday upended an $8.1 million judgment against R.J. Reynolds Tobacco Co. in an Engle progeny case, finding the trial court abused its discretion by instructing the jury on the Engle case's fraudulent concealment and conspiracy findings when this case did not involve those claims.
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July 30, 2025
Calif. Residents Urge Justices To Take Up Jury Trial Question
A group of Humboldt County, California, property owners is urging the U.S. Supreme Court to take up the group's appeal over the dismissal of its Seventh Amendment claim for a jury trial in a suit against the county alleging the county wrongly targeted the owners for illegal cannabis growth, saying the justices should reject the county's argument that the question is not ripe.
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July 29, 2025
$32M Verdict Holds Up In Curaleaf Pot Farm Dispute
A Michigan federal judge on Tuesday said he was "waving goodbye" to a years-old case as he denied Curaleaf units' bid to unravel a $32 million verdict in favor of a marijuana farm that alleged the companies breached a sales contract, finding the jury had enough evidence to support its decisions.
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July 29, 2025
FDA Recommends Federal Restrictions On Kratom Extract
The U.S. Food and Drug Administration announced Tuesday that it recommends placing federal restrictions on 7-Hydroxymitragynine, or 7-OH, an opioid-like alkaloid compound derived from the kratom leaf that the agency said had a strong potential for abuse.
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July 29, 2025
4th Circ. Won't Block NC Vape Regs As Vape Cos. Appeal
The Fourth Circuit won't issue an injunction blocking a North Carolina law that would prohibit the sale of vape products not approved by the U.S. Food and Drug Administration as vape interests appeal a lower court ruling denying an identical injunction.
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July 29, 2025
Okla. Cannabis Attorney Sues State Bar Over Suspension
An Oklahoma-based attorney specializing in First Amendment and cannabis law is suing the state's bar association and Supreme Court, alleging that he was wrongfully suspended last year in retaliation for criticizing the bodies.
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July 29, 2025
Another Pot Co. Targeted In Potency Suit By Plaintiff Firm
Attorneys with plaintiff firm Luisi Holz Law have hit another cannabis vape company with a suit alleging that it misrepresents its vapable oils as concentrates to get around Illinois's limits on sale and possession of THC-containing products.
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July 29, 2025
Pot Growers Not Forum-Shopping In $17M Suit, Judge Finds
A Massachusetts state court judge has rejected claims of forum shopping made by a berry farm accused of contaminating nearby cannabis fields with pesticides, denying a motion to dismiss the case for lack of jurisdiction.
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July 28, 2025
Cashier Says Cannabis Bakery Didn't Pay Overtime, Took Tips
A former cashier for an Illinois bakery that makes and sells cannabis products sued the bakery Monday, alleging it failed to pay proper overtime wages and distributed tips to managers in violation of state and federal law.
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July 28, 2025
Cannabis Shop Applicant Sues NY Regulators Over Delays
A company that applied for a cannabis retail license in New York has sued regulators in state court, alleging unreasonable delays in processing the company's application.
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July 28, 2025
NC Rep.'s CBD Co. Hits Biz Partners With $1.6M Counterclaim
Asterra Labs LLC, a hemp and CBD company run by North Carolina State Rep. John Bell, has filed a $1.6 million counterclaim against companies that alleged this month that Asterra used Bell and others' political influence to coerce them into a bad deal, asserting it was the plaintiffs who defrauded Asterra and others.
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July 28, 2025
Shutdown Possible For Cannabis Seller After $4.9M Fine
A Connecticut judge said Monday that he expects to order a smoke shop that is on the hook for a $4.93 million civil judgment over illegal cannabis sales to shut down by 5 p.m. Tuesday if it continues to flout a court order to stop selling prohibited products.
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July 28, 2025
Attys Behind Pot Biz Say No Default In $60M Loan Suit
A pair of attorneys with Loevy & Loevy have urged a New York federal court to throw out a lawsuit alleging they defaulted on and redirected funds from $60 million in loans for a cannabis development, saying a federal judge in New Jersey found in a related case that there was no default.
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July 25, 2025
Ohio Court Tosses Sentence In Pot Case Over Phone Search
An Ohio state court abused its discretion when it imposed the maximum possible jail sentence on a man who pled guilty to marijuana charges, a state appellate court has ruled, saying the judge improperly penalized the defendant for refusing to allow police to search his cell phone.
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July 25, 2025
Minnesota Regulators Sue Retailer Over Cannabinoid Wares
Minnesota's cannabis regulator has brought a state court action seeking an order compelling a retailer to destroy hemp-derived cannabinoid products that are allegedly noncompliant under the state's laws.
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July 25, 2025
Nordstrom Tobacco Health Fee Violates ERISA, Ex-Staff Say
Three ex-workers for Nordstrom Inc. hit the retailer with a proposed class action in Washington federal court, alleging a $40-a-month surcharge on the health plans of tobacco-using employees was discriminatory in violation of federal benefits law.
Expert Analysis
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Calif. Cannabis Decision Deepens Commerce Clause Divide
In Peridot Tree v. Sacramento, the Eastern District of California joined a growing minority of courts that have found the dormant commerce clause inapplicable to state-regulated marijuana, and the Ninth Circuit will soon provide important guidance on this issue, say attorneys at Perkins Coie.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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The Most Important Schedule I Drug Regulatory Shifts Of 2024
In 2024, psychedelics and cannabis emerged as focal points in medical research, marking a pivotal year in their legal and regulatory journey, but these developments presented both opportunities and challenges within this evolving field, say Kimberly Chew at Husch Blackwell and Stephen Kim at Avicanna.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Looking Back At 2024's Noteworthy State AG Litigation
State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.