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March 20, 2024
Breaking Down Each State's Climate Priority Policies
Forty-five states have now completed climate action plans outlining how they'll advance federal climate goals through policy and programs in coming years, with most focusing at least in part on real estate development as a way to reduce emissions.
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March 20, 2024
Law360 Announces The Members Of Its 2024 Editorial Boards
Law360 is pleased to announce the formation of its 2024 Editorial Advisory Boards.
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March 20, 2024
US Chamber's Litigation Funding Concerns Spur 2 State Laws
Amid concerns from the U.S. Chamber of Commerce about third-party litigation funding, including from potentially hostile foreign entities, state legislatures in Indiana and West Virginia have recently passed bills imposing restrictions on the practice.
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March 19, 2024
Joann Fabric Can Tap $95M Of DIP As It Eyes Quick Ch. 11
Joann Inc., the retailer known as Joann Fabric and Crafts, received a Delaware bankruptcy judge's approval Tuesday on a bundle of first-day motions, ahead of an impending bid for confirmation of its prepackaged Chapter 11 plan to slash over half a billion dollars of debt and let creditors take over the reorganized business.
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March 19, 2024
Potential Bias Taints Mich. Courts, Residents Tell 6th Circ.
Three Michigan residents urged the Sixth Circuit on Monday to revive their lawsuit alleging unconstitutional bias in Michigan's court system, saying judges sitting on the state's claims court and its appellate court may be unwilling to overrule their colleagues.
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March 19, 2024
Bettors' Appeal Over Doped Derby Horse Heard By 6th Circ.
Bettors on the 2021 Kentucky Derby who did not bet on winner Medina Spirit can't claim negligence or damages in court, even though the horse was later disqualified for failing a drug test, an attorney for Churchill Downs told a Sixth Circuit panel on Tuesday.
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March 19, 2024
Trump Asks Supreme Court For Absolute Criminal Immunity
Former President Donald Trump implored the U.S. Supreme Court on Tuesday to find that former presidents are absolutely immune from criminal charges related to official acts, warning the court that its adoption of a fact-specific test could appear as a "gerrymandered ruling tailored to deprive" him alone of immunity.
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March 19, 2024
Kellogg Arbitration Pact Is Invalid, 6th Circ. Told In 401(k) Fight
A former Kellogg Co. employee urged the Sixth Circuit to reinstate his lawsuit accusing the company of up-charging retirement plan participants with excessive fees, saying the case was wrongly booted to arbitration without his consent.
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March 19, 2024
Leech Tishman Tells 6th Circ. Time Ran Out On Fraud Suit
A former Leech Tishman attorney was not party to a tolling agreement between his law firm and investors caught in a Ponzi scheme he allegedly should have warned them away from, so the firm should escape vicarious liability once the time limit expired for the investors to sue him, counsel for the firm told the Sixth Circuit Tuesday.
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March 19, 2024
Insurer Meets 6th Circ. Resistance In Bid To Undo Amway Win
Sixth Circuit judges appeared skeptical Tuesday of an AIG unit's argument that it shouldn't have to defend and indemnify Amway Corp. in copyright litigation, with one judge saying he doubted Amway's self-insured policies should take priority over an AIG internet policy.
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March 19, 2024
States Converge On Texas' Challenge To EPA Methane Rule
A California-led coalition of Democratic attorneys general wants to defend new federal limits on oil and gas industry methane emissions challenged by Texas, Oklahoma and other conservative states, with supporters of the new rules claiming a sovereign interest in protecting their citizens from harmful greenhouse gas pollution.
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March 19, 2024
Nippon Steel Tries To Ease Worries Over $14.9B US Steel Deal
Nippon Steel Corp. pledged to move its North American headquarters to Pennsylvania in an attempt to assure the public that its proposed $14.9 billion acquisition of Pittsburgh-based U.S. Steel will ultimately be good for the domestic steel industry.
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March 19, 2024
OptumRx Can't Get Motley Rice Disqualified From Opioid MDL
An Ohio federal judge has denied a bid by pharmacy benefit manager OptumRx to disqualify Motley Rice LLC from representing plaintiffs in the national opioid litigation, saying the company hasn't shown that the firm's prior representation of states investigating opioids puts the company at a disadvantage in the multidistrict litigation.
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March 18, 2024
Food Industry Group Urges 9th Circ. To Keep GMO Labeling Rule
A trade group representing corporate giants including Coca-Cola and General Mills has urged the Ninth Circuit to keep a federal labeling rule allowing disclosure of genetic modifications to foods to be done digitally, claiming that upsetting the rule would present "significant disruption for industry and consumers alike."
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March 18, 2024
Sen. Vance Backs Suit To Declare Google Common Carrier
Sen. J.D. Vance, R-Ohio, and an anti-monopoly nonprofit have backed the Ohio state attorney general's lawsuit seeking to declare Google as a common carrier.
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March 18, 2024
Ohio Court Backs School Board's Win In Race, Sex Bias Suit
An Ohio state appeals court affirmed the Dayton Board of Education's early win in a race and sex bias suit brought against it by a Black former administrator, agreeing with the lower court that she failed to present any direct evidence of discrimination related to her departure.
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March 18, 2024
Joann Hits Ch. 11 With $1B Secured Debt, Creditor Deal
Fabric retailer Joann Inc., better known as Joann Fabrics, filed for bankruptcy in Delaware on Monday with $1 billion in secured debt and an agreement with its creditors to trim $505 million from its balance sheet.
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March 15, 2024
Judge Asks Colo. Why Grocery Merger Case Can't Wait
A state judge in Denver has asked Colorado enforcers why they need to have a hearing on their bid to block Kroger's planned $24.6 billion purchase of fellow grocery store giant Albertsons before other hearings in challenges from federal enforcers and Washington state.
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March 15, 2024
Ohio Obstetrician Keeps Trial Win In Suit Over Baby's Death
An Ohio state appeals court has refused to overturn a trial win for an obstetrician accused of medical malpractice in the delivery of an infant who died shortly after birth, finding that the parents aren't allowed to question the doctor about whether his hospital privileges were pulled following the death.
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March 15, 2024
Ohio Ambulance Co. Says HR Firm Botched Tax Returns
An Ohio ambulance company accused its human resources management firm of failing to accurately prepare and submit amended tax returns that would have allowed the company to claim pandemic-era tax credits, according to a complaint filed in an Ohio federal court.
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March 15, 2024
LA Billing Scandal Atty's Estate Can't Revive Fee Dispute
The estate of an Ohio attorney who was accused of participating in a highly publicized billing settlement scandal involving the Los Angeles Department of Water & Power has lost two probate court bids to recoup fees from the late attorney's former colleagues, with an appeals panel determining the court lacked jurisdiction.
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March 15, 2024
Snack Co. Workers Get Cert. In Ohio Wage Suit
An Ohio federal judge preliminarily certified a collective of food distribution workers on claims that they had to perform work before clocking in and during breaks without pay, saying they proved that the company's policies were applied universally.
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March 14, 2024
IP Forecast: Internet Archive Fights Vinyl Copyright Case
A California federal judge will hear arguments next week over whether the Internet Archive can toss accusations from record labels that describe its project for a free, digitized library of 78 rpm records as a "wholesale theft of generations of music." Here's a look at that case, plus all the other major intellectual property matters on deck in the coming week.
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March 14, 2024
Buyers Want Goodyear, Michelin Price-Fixing Suits Combined
Tire buyers who have accused Goodyear, Michelin, Bridgestone and others of working together to fix the price of replacement tires have asked a New York federal court to consolidate the dozen lawsuits that have piled up against the tire manufacturers.
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March 14, 2024
Publisher Must Face Privacy Claims Over Meta Pixel Tool
An Ohio federal judge has ruled that the publisher of The Toledo Blade and the Pittsburgh Post-Gazette can't duck a proposed privacy class action alleging that the newspapers shared the video-viewing history of their website users with Facebook's parent company, Meta Platforms Inc., without their permission.
Expert Analysis
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Opinion
3 Principles Should Guide MTC's Digital Products Tax Work
As the Multistate Tax Commission's project to harmonize sales tax on digital products moves forward, three key principles will help the commission's work group arrive at unambiguous definitions and help states avoid unintended costs, say Charles Kearns and Jeffrey Friedman at Eversheds Sutherland.
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In-Office Engagement Is Essential To Associate Development
As law firms develop return-to-office policies that allow hybrid work arrangements, they should incorporate the specific types of in-person engagement likely to help associates develop attributes common among successful firm leaders, says Liisa Thomas at Sheppard Mullin.
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Perspectives
A Judge's Pitch To Revive The Jury Trial
Ohio state Judge Pierre Bergeron explains how the decline of the jury trial threatens public confidence in the judiciary and even democracy as a whole, and he offers ideas to restore this sacred right.
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How To Recognize And Recover From Lawyer Loneliness
Law can be one of the loneliest professions, but there are practical steps that attorneys and their managers can take to help themselves and their peers improve their emotional health, strengthen their social bonds and protect their performance, says psychologist and attorney Traci Cipriano.
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Opinion
Litigation Funding Disclosure Should Be Mandatory
Despite the Appellate Rules Committee's recent deferral of the issue of requiring third-party litigation funding disclosure, such a mandate is necessary to ensure the even-handed administration of justice across all cases, says David Levitt at Hinshaw.
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Recalling USWNT's Legal PR Playbook Amid World Cup Bid
As the U.S. Women's National Soccer Team strives to take home another World Cup trophy, their 2022 pay equity settlement with the U.S. Soccer Federation serves as a good reminder that winning in the court of public opinion can be more powerful than a victory inside the courtroom, says Hector Valle at Vianovo.
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Immigration Program Pitfalls Exacerbate Physician Shortages
Eliminating shortcomings from U.S. immigration regulations and policies could help mitigate the national shortage of physicians by encouraging foreign physicians to work in medically underserved areas, but progress has been halted by partisan gridlock, say Alison Hitz and Dana Schwarz at Clark Hill.
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Perspectives
Mallory Gives Plaintiffs A Better Shot At Justice
Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.
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FLSA Collective Actions: Are Courts Still Dancing The 2-Step?
In the absence of amendments to the Fair Labor Standards Act, courts have filled in some of the statute's gaps and established a two-step framework for conditional certification of a class, but recent rulings show signs that courts are ready to hold party plaintiffs to a higher standard if they want to recruit others to join their lawsuits, says Allison Powers at Barack Ferrazzano.
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Courts Can Overturn Deficient State Regulations, Too
While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.
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Tales From The Trenches Of Remote Depositions
As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.
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The Legal Issues Flying Around The Evolving Drone Market
As the number of drone registrations is expected to more than double over the next three years, the industry faces new risks and considerations related to privacy, Fourth Amendment, criminal, evidentiary, First Amendment, and insurance litigation, say attorneys at Covington.
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Employer Drug-Testing Policies Must Evolve With State Law
As multistate employers face ongoing challenges in drafting consistent marijuana testing policies due to the evolving patchwork of state laws, they should note some emerging patterns among local and state statutes to ensure compliance in different jurisdictions, say attorneys at Troutman Pepper.
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Challenging Standing In Antitrust Class Actions: Timing
The early resolution of Article III standing disputes in antitrust class actions can result in sizable efficiencies, but some litigants and courts are improperly relying on the Amchem and Ortiz U.S. Supreme Court cases to defer standing issues until after ruling on plaintiffs' class certification motions, say Michael Hamburger and Holly Tao at White & Case.
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Level Up Lawyers' Business Development With Gamification
With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.