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February 12, 2024
Activists Ask Justices To Reverse Calif. Tribal Casino Approval
An anti-casino advocacy group has asked the U.S. Supreme Court to review a Ninth Circuit decision that upholds the dismissal of its suit, claiming the federal government erred when finding that the Ione Band of Miwok Indians is eligible to open a casino in California.
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February 12, 2024
Judge Amends Camp Operator's $1M Surety Bond Order
A federal district judge has agreed to modify a Montana campground operator's $1 million surety bond stay order pending an appeal to the Ninth Circuit, saying the company's proposed substitution of its projected net income for 2024 raises questions about its reported principal income.
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February 12, 2024
Customer Can Sue Closed Bowling Alley For Slip-And-Fall
A Michigan appeals court won't spare the former operator of a Detroit-area bowling alley from a man's slip-and-fall lawsuit, saying she missed her opportunity to shutter her companies in such a way as to shorten the window when civil liability claims could be filed.
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February 09, 2024
2 Women Get $24.5M Award In Philly Motel Trafficking Claims
An arbitrator has awarded $24.5 million to two women forced into prostitution as teenagers at the Philadelphia motel where they were subject to human trafficking, their lawyers said Friday, which the motel's owner will have to pay.
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February 09, 2024
Fla. Judge Won't Halt Alleged 'Payback' By Miami Official
A Florida federal judge on Friday declined to issue an injunction against a Miami city commissioner who's accused of continuing his campaign of retaliation against two business owners despite a $63.5 million judgment against him for the same conduct, saying the proposed order is too vague.
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February 09, 2024
DC Circ. Mulls NLRB Finding That Starbucks Broke Labor Law
The D.C. Circuit seemed split Friday morning on whether Starbucks had stepped on labor law by barring a worker from passing out pro-union pins on the store floor during company time, which the manager said included paid breaks.
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February 09, 2024
Insurer Settles $1.7M Fluorescent Sign Fire Damage Suit
United Fire & Casualty Co. reached a settlement in its $1.7 million suit against a Texas sign-making company, resolving its bid to recover funds paid to a bed and breakfast after a fluorescent sign caught fire and damaged the property.
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February 09, 2024
11th Circ. Won't Restore Sex Trafficking Suit Against Ga. Hotel
The Eleventh Circuit on Friday rejected a woman's attempt to revive her lawsuit claiming that a Georgia hotel owner knowingly benefited from years of her forced prostitution, ruling there wasn't enough evidence to show the company took part in sex trafficking.
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February 09, 2024
Texas Hilton Hotel Tells DOJ It Will Comply With ADA
An Austin, Texas, hotel has inked an agreement with the federal government to train its staff to provide equal services to guests after a disabled woman complained about her alleged treatment to the U.S. Department of Justice.
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February 09, 2024
Atlanta Atty Keeps $1.15M Fee Award Despite Tossing Notes
A Georgia state appellate court has upheld an award of $1.15 million in attorney fees to a solo-practice attorney, saying an Atlanta-based airport travel spa operator he did work for failed to show the trial court was wrong in finding the attorney didn't have to save notes about the legal services he provided.
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February 09, 2024
Burford Can't Sub For Sysco In Pork, Beef Price-Fixing Suits
Legal investment firm Burford Capital cannot substitute for Sysco in sprawling price-fixing lawsuits against pork and beef producers because doing so would extend the litigation just so Burford can maximize its return on investment, a Minnesota federal judge ruled Friday.
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February 09, 2024
Mother, Son Call Truce In Dispute Over Denver Bar Chain
A mother and son suing each other over a Denver-area restaurant and bar chain said Friday they would pause their fight as they try to divide their business and personal finances, just as the mother was preparing to argue her son improperly tried to negotiate a settlement while driving her to the airport.
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February 09, 2024
Off The Bench: NCAA NIL Rule Lives; Dartmouth Players Win
In this week's Off The Bench, a Tennessee judge sends mixed signals to the NCAA in the fight over its NIL recruiting ban, Dartmouth's basketball players tally a win for college athletes' unionization efforts, and DraftKings tries to stop rival Fanatics from benefiting from a former executive who switched sides. If you were on the sidelines over the past week, Law360 is here to clue you in on the biggest sports and betting stories that had our readers talking.
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February 09, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen a Saudi Arabian property investor file legal action against RLS Solicitors, Aspire Pharma and Bayer Intellectual Property tackle a patent dispute, the owners of soccer club West Ham United FC raise a red card against E20 Stadium LLP with a commercial fraud action, and accountants BDO file another commercial claim against the managing directors of KGJ Insurance Services. Here, Law360 looks at these and other new claims in the U.K.
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February 08, 2024
DOJ Investigating Metropolis Tech's $1.5B SP Plus Deal
Mobility services provider SP Plus said on Wednesday that it had received another request for information from the U.S. Department of Justice on its planned $1.5 billion merger with Metropolis, a payments tech company.
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February 08, 2024
Renderings Pitch White Sox Ballpark In Chicago's South Loop
Developer Related Group has released a series of renderings to tease a possible move by the Chicago White Sox from their Guaranteed Rate Field to a new riverfront site in the city's South Loop.
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February 08, 2024
Winery Wedding Ban Doesn't Stomp Out Speech, Group Says
A Michigan township's law limiting wineries' ability to host events and weddings is not restricting their speech, a nonprofit backing the regulations said Wednesday, as it tries to whittle down the vintners' constitutional claims ahead of an April trial.
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February 08, 2024
Exec Barred From Using DraftKings Info At New Fanatics Job
A former DraftKings Inc. executive who recently jumped to competitor Fanatics won't be allowed to use any of the information he allegedly accessed in his final days with the Massachusetts-based gaming platform to draw potential high-value Super Bowl bettors over to his new employer, a Massachusetts federal judge ruled Thursday.
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February 08, 2024
Mass Shooting Survivor Loses $17M Judgment On Appeal
A Texas appellate court has overturned a mass shooting victim's $17 million judgment she won against a restaurant after accusing one of its managers of not sufficiently intervening, ruling that the food joint can't be held to account because the manager wasn't found to have had a responsibility to control the shooter.
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February 08, 2024
2nd Circ. Backs Kay Jewelers' Victory In Age Bias Suit
The Second Circuit refused Thursday to revive a former Kay Jewelers manager's suit claiming he was forced to quit because of his boss's incessant ageist insults, finding the retailer appropriately handled the situation after the employee complained to human resources.
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February 08, 2024
Live Nation Worker Can Fight $5.5M Disputed Atty Fee
A New York appeals court on Thursday sustained a breach of contract counterclaim in a suit over $5.5 million in attorney fees against Morelli Law Firm PLLC stemming from a Live Nation event worker's historic $20 million personal injury award.
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February 08, 2024
Deals Rumor Mill: Club Med, Galderma, Sierra Space
China’s Fosun is exploring a Club Med minority-stake sale, Galderma's IPO could yield a $20 billion value, and Sierra Space Corp. is making its own IPO plans. Here, Law360 breaks down the notable deal rumors from the past week.
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February 08, 2024
McDonald's Ends Suit Accusing Managers Of Racist Abuse
McDonald's and a franchisee have resolved a race bias suit from Black former workers who said their managers called them "ghetto" and "smelly" and fired one of them for complaining about it, according to a filing in Illinois federal court.
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February 08, 2024
NY Judge Scolds Trump Attys For Response To Perjury Query
The New York state judge overseeing Donald Trump's civil fraud trial on Thursday chastised defense attorneys for their "misleading" response to his demands for information about reports of possible perjury by defendant and key trial witness Allen Weisselberg.
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February 07, 2024
Athens Airport's $845M IPO Takes Flight, Steered By 8 Firms
Shares of Athens International Airport SA rose in debut trading Wednesday following an $845 million initial public offering that priced at the top of its range, a landmark IPO for the Greek government that was guided by eight law firms.
Expert Analysis
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How Unions Could Stem Possible Wave Of Calif. PAGA Claims
Should the California Supreme Court hold in Adolph v. Uber that the nonindividual portions of Private Attorneys General Act claims survive even after individual claims go to arbitration, employers and unions could both leverage the holding in Oswald v. Murray to stifle the resurgence in representative suits, say attorneys at Greenberg Traurig.
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Opinion
Thomas Report Is Final Straw — High Court Needs Ethics Code
As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.
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Mich. Statute Of Limitations Cases Carry Nationwide Impacts
The outcomes of Dine Brands v. Eubanks and Walt Disney v. Eubanks, currently working their way through the Michigan courts, are likely to affect how statutes of limitations in unclaimed property audits are calculated nationwide as well as within the state, given the widespread adoption of similar model provisions by many other states, say attorneys at McDermott.
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Joint Representation Ethics Lessons From Ga. Electors Case
The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.
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Lawyer Discernment Is Critical In The World Of AI
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.
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Don't Forget Alumni Engagement When Merging Law Firms
Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.
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Without Stronger Due Diligence, Attys Risk AML Regulation
Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.
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Every Lawyer Can Act To Prevent Peer Suicide
Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.
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DUI Liability Ruling Affirms SC Isn't Direct Action-Friendly
The Supreme Court of South Carolina's recent decision in Denson v. National Casualty not only clarifies the state's jurisprudence surrounding private rights of action and negligence per se, but also tacitly reinforces that South Carolina is not a direct-action state, say Anna Cathcart and Turner Albernaz at Phelps Dunbar.
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Building On Successful Judicial Assignment Reform In Texas
Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.
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Opinion
Now Is The Time For Independent Industry Self-Regulation
The high level of trust in business, coupled with the current political and legal landscape, provides an opportunity for companies to play a meaningful role in finding solutions to public policy issues through the exploration of independent industry self-regulation models, says Eric Reicin at BBB National Programs.
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Cities Should Explore Minn. Municipal Alcohol Store Model
Minnesota’s unique alcohol control model that functions at the municipal level may be worth exploring for cash-strapped cities looking for an additional stream of revenue, though there may be community pushback, say Louis Terminello and Bradley Berkman at Greenspoon Marder.
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AmEx Ruling Proves A Double-Edged Sword In Labor Antitrust
Though the U.S. Supreme Court's 2018 decision in Ohio v. American Express was a defense victory, both the plaintiff and defense bars have learned to use the case's holdings to their advantage, with particularly uncertain implications for labor antitrust cases, say Lauren Weinstein and Robert Chen at MoloLamken.
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Peephole Cam Case Lowers The Bar On NY Negligence Claims
A New York state appeals court's recent decision in Brown v. New York Design Center is significant because, barring a contrary state high court ruling, claims of negligent infliction of emotional distress need not demonstrate extreme and outrageous conduct, which could result in an uptick in such claims, say attorneys at Cahill Gordon.
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Do Videoconferences Establish Jurisdiction With Defendants?
What it means to have minimum contacts in a foreign jurisdiction is changing as people become more accustomed to meeting via video, and defendants’ participation in videoconferencing may be used as a sword or a shield in courts’ personal jurisdiction analysis, says Patrick Hickey at Moye White.