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Cannabis
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April 24, 2025
Insurance Cos. Need Not Cover Medical Cannabis In NM
A New Mexico federal judge has thrown out a medical cannabis seller's suit against three insurers over coverage of medical cannabis, finding that New Mexico law doesn't mandate coverage, and even if it did, it would be preempted by federal law.
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April 23, 2025
Curaleaf Sues Ex-VP For Alleged Breach Of Noncompete
Cannabis company Curaleaf sued a former executive in Florida federal court Wednesday, alleging she breached her employment agreement and may have shared confidential information when she jumped ship to competitor Jushi.
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April 23, 2025
Church Denied Injunction In 'Psychedelic Healing Shack' Suit
A Michigan federal judge won't issue an injunction blocking alleged retaliation against a Detroit church in a suit claiming city officials are targeting their religious practice of using psilocybin, saying the church's leader hasn't shown she's likely to succeed on her claims or face irreparable harm.
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April 23, 2025
Trulieve Resolves Ex-Manager's Age Bias Firing Suit
Nationwide cannabis company Trulieve Inc. has resolved a suit in Florida federal court by a former regional manager who alleged he was fired based on his age and in retaliation for assisting in another employee's discrimination charge.
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April 23, 2025
Mo. Counties, State Argue For Cannabis Tax At High Court
A county is a local government and should be allowed to impose a 3% additional sales tax on adult-use cannabis, two counties and the Missouri revenue director told the state Supreme Court.
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April 22, 2025
Smoke Shop Joins Others Seeking Toss Of Nitrous Death Suit
Another smoke shop is joining fellow defendants in seeking dismissal of a woman's suit alleging their sale of nitrous oxide canisters led to her sister's death from using them as "whippets," saying she lacks standing to bring her claim.
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April 22, 2025
11th Circ. Not Likely To Snuff Smoke Shop's $1.1M Trial Loss
The Eleventh Circuit signaled Tuesday that it was likely to uphold a $1.1 million verdict entered against a Georgia-based tobacco importer for selling counterfeit rolling papers, throwing cold water on the importer's claims that the verdict constituted a windfall that was prohibited in a 2023 trial.
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April 22, 2025
Michigan Panel Remands Pot Cos.' Secret Meetings Suit
A suit challenging a Michigan city's cannabis licensing program should get a new airing at trial court, a state appellate court ruled Monday, saying the lower court erred by finding that the cannabis selection committee was not a "public body" subject to the state's Open Meetings Act.
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April 22, 2025
Scott + Scott To Lead Medical Cannabis REIT Securities Suit
A Maryland federal judge picked Scott + Scott as the lead class counsel Tuesday for a proposed securities class action accusing a medical cannabis-focused real estate investment trust of misleading shareholders about its declining rents, declining property management fees and the state of its leasing operations.
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April 22, 2025
Hemp Group Drops DEA From Suit Over Police Raid, Arrest
A hemp trade group and the owner of a smoke shop are dropping claims against the U.S. government and U.S. Drug Enforcement Administration from a suit alleging law enforcement wrongfully raided the shop.
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April 21, 2025
DHS Voids Order Ousting Canadian Cannabis Machinery CEO
The U.S. Department of Homeland Security on Monday urged a Washington federal judge to throw out a lawsuit accusing federal agents of illegally barring the Canadian CEO of a cannabis harvesting equipment company from entering the United States, citing the government's recent decision revoking a removal order against him.
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April 21, 2025
Pot Company Once Allied With Influencer Wants Rehearing
A cannabis, spirits and vape company formerly associated with Instagram celebrity Dan Bilzerian is asking the Ninth Circuit for an en banc rehearing of a $1.6 million judgment against it, saying a panel of circuit judges ignored key facts when it found the company liable for breach of contract.
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April 21, 2025
Judge Blocks Pot Co. CEO's Bid To Enforce $1.5M Settlement
The founder of a defunct marijuana greenhouse leasing business cannot reopen an investor class action to enforce a $1.5 million settlement and declare a related bankruptcy action unlawful, a Colorado federal judge has ruled, finding that he has already filed a separate lawsuit asking for the same things.
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April 21, 2025
Supreme Court Won't Hear Neb. Tribe's Tobacco Sales Dispute
The U.S. Supreme Court won't hear two Nebraska tribal companies' bid to undo an Eighth Circuit ruling that held the state can regulate a tribally owned manufacturer's sales of cigarettes to Indigenous-owned distributors after officials attempted to apply a settlement with major tobacco companies on the Winnebago reservation.
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April 21, 2025
Justices Kick Flavored-Vape Dispute Back To 5th Circ.
After the U.S. Supreme Court affirmed the U.S. Food and Drug Administration's authority to reject an e-cigarette company's application to market flavored vapes, the high court on Monday granted summary disposition on one other pending case on the same subject, while denying certiorari to three others.
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April 18, 2025
Nitrous Companies Decline Liability For Misused Products
The companies behind nitrous oxide brand Galaxy Gas urged a Florida federal court to end a proposed class action filed by the family of a woman who died while inhaling their product, arguing that they can't be held liable for "reckless and illegal misuse" of their canisters.
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April 18, 2025
Cannabis Co. Says Lender Lied About Default To Steal Funds
A cannabis company with facilities in New Jersey and Pennsylvania has alleged in Garden State federal court that its lender lied about the company being in default in order to steal funds out of two of the company's bank accounts and claims it shows no sign of stopping.
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April 18, 2025
Texas Panel Says State Can Pursue Block Of Pot Amnesty Law
A Texas appeals panel has found the state can pursue an injunction blocking the enforcement of a city of San Marcos ordinance that prohibits enforcement of some cannabis laws, saying the city is not immune to claims that the ordinance is in violation of state law.
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April 18, 2025
Judge Sides With Wash. In NY Distillery's Sales Reg Challenge
A federal judge has rejected a New York whiskey maker's challenge to a Washington rule that distilleries must have a physical in-state location to sell to Evergreen State consumers online, saying the regulation isn't discriminatory because it "applies evenhandedly" regardless of the producer's home state.
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April 18, 2025
Federal Cannabis Law Reform Eyed In Bipartisan Push
A bipartisan group of representatives has introduced legislation to reconcile the conflicts between the federal prohibition on cannabis and state laws that legalize it, and to prepare the country for federal legalization.
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April 17, 2025
AG Tells Nebraska City Shops To Stop Selling Synthetic THC
The Nebraska attorney general on Thursday announced his office was sending cease and desist letters to Nebraska City shops that it found to be selling hemp products containing synthetic THC.
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April 17, 2025
Pot Cos. Can't Get Block On Mich. City Licensing Fees
A Michigan federal judge won't block the enforcement of cannabis licensing fees by the city of Grand Rapids, finding the companies objecting to the fees haven't shown they face irreparable harm without an injunction.
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April 17, 2025
Fla. 'King Of Vape' Brings Defamation Suit Against NY Post
A Florida retail store owner who operates under the name "The King of Vape" brought a federal defamation lawsuit against News Corp., saying the New York Post ran a recent story falsely describing him as an anti-Israel advocate and terrorist supporter who was recently sued for selling illicit e-cigarettes.
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April 17, 2025
Sacramento Says Dormant Commerce Doesn't Apply To Pot
The city of Sacramento told the Ninth Circuit on Wednesday that a federal district judge was correct to toss a constitutional challenge to the city's cannabis licensure program, saying the dormant commerce clause does not apply to a federally illegal industry.
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April 16, 2025
Texas Man Wants E-Cig Explosion Suit Back In State Court
A man who suffered acid burns to his hand and eye after his vape exploded is urging a Texas federal court to push his lawsuit against the manufacturer, distributor and retailer back into state court, rejecting allegations that his litigation strategy thus far has been a "bad faith" effort to keep the Chinese vape maker in state court.
Expert Analysis
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits
The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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2025 May Be A Breakout Year For The Cannabis Industry
The cannabis industry faced a slow and frustrating 2024, but consumer trends continue to shift in favor of cannabis, and the new administration may provide the catalyst that the industry needs, says Lynn Gefen at TerrAscend.
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Scope And Nature Of Judicial Relief Will Affect Loper's Impact
The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.
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The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.
The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.