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Ohio
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January 31, 2025
6th Circ. Affirms Pot Biz Owner's $2.8M Tax Restitution
The owner of a medical marijuana dispensary who was sentenced to prison and ordered to pay $2.8 million in restitution to the IRS after being convicted of tax crimes failed to convince the Sixth Circuit that Congress lacked the power to tax his sales of the drug.
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January 31, 2025
Squire Patton, Willkie Farr Guide $1.3B Allstate Unit Deal
Squire Patton Boggs LLP-advised Nationwide has agreed to buy Group Health from Willkie Farr & Gallagher LLP-led Allstate Corp. for $1.25 billion in cash.
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January 31, 2025
Nippon Targets Sanyo Special Steel After Nixed US Steel Deal
Japan's Nippon Steel Corp. on Friday announced plans to launch a tender offer valued at 70.5 billion yen ($456 million) to acquire full control of Sanyo Special Steel, a move that comes in the wake of former President Joe Biden blocking Nippon's $14.9 billion megadeal with U.S. Steel.
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January 30, 2025
Calif. AG Asks 9th Circ. To Block Meta's MDL Discovery Win
The California attorney general urged the Ninth Circuit on Wednesday to block orders requiring third-party state agencies to respond to Meta Platforms' discovery demands in multidistrict litigation over social media's alleged harms, arguing in a mandamus petition the "clearly erroneous" ruling "runs roughshod" over the state's constitutional divisions of power.
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January 30, 2025
Ex-Doc Wants Insurer's Defense Against Sex Misconduct Suits
A former Ohio doctor facing civil suits after being indicted for sexual misconduct including rape during medical exams told an Ohio federal court that his insurer can't cancel his coverage and must keep defending him regardless of prior alleged misconduct, because he wasn't required to report it.
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January 30, 2025
Peruvians Tell High Court Smelter Lawsuit Should Proceed
Peruvian nationals suing U.S. billionaire Ira Rennert's The Renco Group Inc. for allegedly poisoning them with toxic chemicals from a smelting and refining complex in a rural part of the country are asking the U.S. Supreme Court to let their litigation move forward.
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January 30, 2025
Ky. Clerk Asks 6th Circ. To Ax $100K Marriage License Verdict
A Kentucky clerk who refused to issue marriage licenses to couples in protest of the legalization of same-sex marriage asked the Sixth Circuit on Thursday to toss damages awarded to one couple for emotional distress, citing insufficient evidence and invoking free speech protections.
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January 30, 2025
6th Circ. Wonders If Trump NLRB Shake-Up Moots Memo Suit
Sixth Circuit judges wrestled Thursday with what to do with a legal challenge to a memo penned by the National Labor Relations Board's former general counsel given her recent firing and expected shifts in the agency's policy direction under President Donald Trump.
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January 29, 2025
Albertsons Must Face County's Opioid Nuisance Claims
Albertsons Cos. Inc. can't escape a Texas county's public nuisance claims stemming from opioid sales at the grocery giant's in-store pharmacies, an Ohio federal judge ruled Tuesday, saying there's a "common law duty of care" for pharmacies not to expose the county to a "reasonably foreseeable" risk of harm.
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January 29, 2025
Court Garbled Pharma Owner's Fraud Charges, 6th Circ. Told
An Ohio district court misrepresented healthcare fraud charges against a pharmaceutical salesman to a jury, his attorney argued Wednesday before the Sixth Circuit, calling for the court to overturn his 2023 conviction and subsequent restitution order to pay $7 million to the IRS.
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January 29, 2025
Ga. Judge Won't Free Wildlife Rehab From Animal Care Suit
A Georgia federal judge on Tuesday refused to free Noah's Ark Animal Rehabilitation Center and Sanctuary or the chair of its board of directors from an Ohio-based nonprofit's suit alleging the center failed to properly care for its wildlife.
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January 29, 2025
6th Circ. Doubts Free Speech Flouted By Deer Hunt Drone Ban
Sixth Circuit judges sounded skeptical on Wednesday that a drone company can challenge a Michigan law barring drone use to hunt deer by claiming the law violates their free-speech ability to use the devices to locate and communicate about fallen game, with the judges suggesting the statute seems to regulate conduct rather than speech.
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January 29, 2025
DOL, Zoup Wage Deal Approved On 2nd Try
An Ohio federal judge approved a $30,000 settlement in the U.S. Department of Labor's overtime suit against a Zoup restaurant franchisee after initially rejecting the deal, finding the revised terms fair and reasonable.
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January 28, 2025
Norfolk Southern Cuts $22M Derailment Deal With Ohio Village
Norfolk Southern Corp. has reached a $22 million settlement with East Palestine, Ohio, to resolve claims over the 2023 train derailment and chemical spill near the Ohio-Pennsylvania border, according to a joint statement published on the village's website Monday.
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January 28, 2025
Sig Sauer's Strategy To DQ Experts Gets Knocked Out At 6th Circ.
Gunmaker Sig Sauer Inc.'s legal strategy to disqualify experts who testified its P320 pistol was defectively designed suffered a blow when the Sixth Circuit ruled, in a split decision, that the witnesses could opine on if the arms manufacture should have utilized a safer build, forecasting potential outcomes in similar appeals before the Third and Tenth circuits.
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January 28, 2025
19 Republican State AGs Press Costco To End DEI Policies
A group of nearly 20 Republican attorneys general is urging Costco to end its diversity, equity and inclusion initiatives in the wake of President Donald Trump's recent executive order encouraging companies to end them, criticizing the initiatives as "discriminatory" and saying they fly in the face of recent U.S. Supreme Court precedent.
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January 28, 2025
Firms Hook $850K Fee Award In Eyewear Co. Data Breach Deal
Class counsel in a data breach suit against eye wear company Luxottica of America Inc. secured $850,000 in attorney fees on Tuesday as part of a $250,000 settlement ending claims the retailer failed to protect customers' personal information, according to an Ohio judge's order.
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January 28, 2025
DOD Raises Propulsion Program Contract Ceiling To $3.5B
The U.S. Air Force modified two contracts previously awarded to GE Edison Works and Pratt & Whitney to develop engines intended to be used in its next-generation fighter jets, boosting the contract ceiling from $975 million to $3.5 billion.
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January 28, 2025
6th Circ. Seems Cold To Dairy Queen Franchisee's Sale Appeal
A Sixth Circuit panel appeared skeptical Tuesday that Dairy Queen violated the terms of a franchise agreement with the owners of a dozen restaurant locations in Michigan by blocking the proposed sale of two stores.
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January 27, 2025
Justice Thomas Slams 6th Circ. In Habeas Petition Dissent
U.S. Supreme Court Justice Clarence Thomas on Monday called out the Sixth Circuit for "repeated disrespect" for the law in granting what he said was inappropriate habeas relief, a practice he said is costly to the justice system and victims in a dissent from a denial of writ of certiorari.
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January 27, 2025
6th Circ. Says Union Can't Save Cook For Missing The Boat
The Sixth Circuit upheld a win for the nation's oldest maritime union Monday, finding that the organization had no ability to defend a cook who was fired by a steamship company after she missed her boat.
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January 27, 2025
Norfolk Southern Can't Block Expert Testimony On Derailment
A railcar inspector with over 45 years of experience is clear to testify against Norfolk Southern in litigation over the 2023 train derailment and chemical spill in East Palestine, Ohio, a federal judge has ruled, rejecting the rail company's argument that he was not qualified to opine on certain train safety equipment.
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January 27, 2025
Ancora Seeks To Make US Steel 'Great Again' With New Board
Ancora Holdings Group on Monday said it plans to make U.S. Steel "great again" by installing a new CEO and board at the company "committed to abandoning" the $14.9 billion proposed merger with Nippon Steel that was blocked by former President Joe Biden earlier this month.
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January 24, 2025
Scorned Hot Dog Biz Buyer Urges NC Justices To Revive Suit
A businessman who claims he was cut out of a deal to buy a chain of Ohio hot dog eateries urged the North Carolina Supreme Court to revive his suit against a man who the businessman said was supposed to be his partner, arguing only a jury can resolve the matter.
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January 24, 2025
NJ Judge Rejects Bid For New Trial In Red Roof Inn Deal
A New Jersey state judge has rejected a bid for a new trial over a deal gone wrong to purchase a Red Roof Inn, ruling two witnesses who asserted their Fifth Amendment rights outside of the jury's presence had no bearing on the jury's verdict.
Expert Analysis
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Lean Into The 'Great Restoration' To Retain Legal Talent
As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.
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Live Nation May Shake It Off In A Long Game With The DOJ
Don't expect a swift resolution in the U.S. Department of Justice's case against Live Nation, but a long litigation, with the company likely to represent itself as the creator of a competitive ecosystem, and the government faced with explaining how the ticketing giant formed under its watch, say Thomas Kliebhan and Taylor Hixon at GRSM50.
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Series
Fishing Makes Me A Better Lawyer
Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge at Robinson Bradshaw.
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Opinion
It's Time To Defuse The Ticking Time Bomb Of US Landfills
After recent fires at landfills in Alabama and California sent toxic fumes into surrounding communities, it is clear that existing penalties for landfill mismanagement are insufficient — so policymakers must enact major changes to the way we dispose of solid waste, says Vineet Dubey at Custodio & Dubey.
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A Healthier Legal Industry Starts With Emotional Intelligence
The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.
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To Make Your Legal Writing Clear, Emulate A Master Chef
To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.
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Circuit Judge Writes An Opinion, AI Helps: What Now?
Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.
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Ohio Tax Talk: The Legislative Push For Property Tax Relief
As Ohio legislators attempt to alleviate the increasing property tax burden, four recent bills that could significantly affect homeowners propose to eliminate replacement property tax levies, freeze property taxes for longtime homeowners, adjust homestead exemptions annually for inflation, and temporarily expand the homestead exemption, say Raghav Agnihotri and Rachael Chamberlain at Frost Brown.
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Perspectives
Trauma-Informed Legal Approaches For Pro Bono Attorneys
As National Trauma Awareness Month ends, pro bono attorneys should nevertheless continue to acknowledge the mental and physical effects of trauma, allowing them to better represent clients, and protect themselves from compassion fatigue and burnout, say Katherine Cronin at Stinson and Katharine Manning at Blackbird.
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Series
Playing Music Makes Me A Better Lawyer
My deep and passionate involvement in playing, writing and producing music equipped me with skills — like creativity, improvisation and problem-solving — that contribute to the success of my legal career, says attorney Kenneth Greene.
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How Attys Can Avoid Pitfalls When Withdrawing From A Case
The Trump campaign's recent scuffle over its bid to replace its counsel in a pregnancy retaliation suit offers a chance to remind attorneys that many troubles inherent in withdrawing from a case can be mitigated or entirely avoided by communicating with clients openly and frequently, says Christopher Konneker at Orsinger Nelson.
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Using A Children's Book Approach In Firm Marketing Content
From “The Giving Tree” to “Where the Wild Things Are,” most children’s books are easy to remember because they use simple words and numbers to tell stories with a human impact — a formula law firms should emulate in their marketing content to stay front of mind for potential clients, says Seema Desai Maglio at The Found Word.
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Opioid Suits Offer Case Study In Abatement Expert Testimony
Settlements in the opioid multidistrict litigation provide useful insight into leveraging expert discovery on abatement in public nuisance cases, and would not have been successful without testimony on the costs necessary to lessen the harms of the opioid crisis, says David Burnett at DiCello Levitt.
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What The FTC Report On AG Collabs Means For Cos.
The Federal Trade Commission's April report on working with state attorneys general shows collaboration can increase efficiency and consistency in how statutes are interpreted and enforced, which can minimize the likelihood of requests for inconsistent injunctive relief that can create operational problems for businesses, say attorneys at Kelley Drye.
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When Oral Settlements Reached In Mediation Are Enforceable
A recent decision by the New Jersey Appellate Division illustrates the difficulties that may arise in trying to enforce an oral settlement agreement reached in mediation, but adherence to certain practices can improve the likelihood that such an agreement will be binding, says Richard Mason at MasonADR.