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Cannabis
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April 26, 2024
UPMC To Face New Trial Over Claims It Missed Man's Stroke
A Pennsylvania appeals panel has ordered a new trial over a man's claims that he was left with permanent brain injuries after doctors at UPMC Bedford Memorial failed to diagnose a stroke in progress, saying he should have been allowed to rebut a new theory the hospital first presented at trial.
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April 26, 2024
RJR Gets $12M Judgment Tossed In Tobacco Death Suit
A Florida appeals panel on Friday threw out a $12 million judgment against R.J. Reynolds Tobacco Co. in a wrongful death suit by the wife of a smoker, saying the evidence didn't support the jury's finding in the wife's favor on her conspiracy to fraudulently conceal claim.
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April 25, 2024
NY Pot Regulator Seeks Dismissal Of Bias Suit
New York's cannabis regulator on Wednesday asked a federal judge to toss a lawsuit litigated by a conservative legal organization that alleges that the state's social equity licensure program discriminates against white men, saying the plaintiffs lack standing.
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April 25, 2024
Dems Press DEA To Move Quickly On Rescheduling Marijuana
A coalition of Democratic U.S. senators and House members are urging the U.S. Department of Justice to complete swiftly its review of marijuana's legal status and remove the drug from Schedule I of the Controlled Substances Act.
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April 25, 2024
Mich. Pot Group Says Suit Against Town Was Properly Pled
A group of residents of Lima Township, Michigan, have asked a federal court not to throw out their suit claiming that the township's trustees abused their power by blocking any progress on opening a cannabis dispensary, saying the complaint clearly pleads that their 14th Amendment rights were violated.
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April 25, 2024
3 Things Attys Should Know About Pa.'s $48B Spending Plan
Several areas of Pennsylvania Gov. Josh Shapiro's proposed $48 billion budget for 2024-2025 could result in more work for the legal industry, including more opportunities for crafting economic development deals, getting a recreational cannabis industry off the ground, and speeding up environmental permit applications, experts tell Law360.
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April 24, 2024
DEA's Upcoming Decision On Cannabis Likely To Be Litigated
The potential loosening of federal restrictions on marijuana is likely to be litigated for years, and the pro-legalization camp would do well to pool resources to build the most persuasive evidentiary record it can, a leading cannabis advocate said Wednesday.
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April 24, 2024
FDA Can Keep Most Docs Hidden From Juul's FOIA Request
A District of Columbia federal judge has largely sided with the U.S. Food and Drug Administration in a suit by Juul Labs Inc. seeking documents related to the FDA's decision to ban its products, saying the bulk of the files fall under a privilege that protects predecision deliberations.
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April 24, 2024
FDA Seeks Max Fines Against Shops Selling Elf Bar Vapes
The U.S. Food and Drug Administration has issued another round of complaints and civil penalties to 22 brick-and-mortar and online sellers of illicit e-cigarettes, including the highly popular Elf Bar brand, according to an agency announcement that noted more than 100 retailers have been hit since September.
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April 23, 2024
Residents Say NJ Township, Grower Rushed Land Use Permits
Residents of a New Jersey neighborhood are hopping mad about plans to put a cannabis growing facility a stone's throw from their residential street, telling a state court that the local township didn't properly assess the site plan for the project before approving it.
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April 23, 2024
Do Not Remand FDA Cigar Rule Without Vacatur, DC Circ. Told
The New Civil Liberties Alliance is urging the D.C. Circuit not to remand a U.S. Food and Drug Administration rule regulating premium cigars without first vacating the regulation, saying federal agencies cannot enforce rules that have been declared unlawful.
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April 23, 2024
9th Circ. Won't Reinstate Pilot After High-Flying Pot Deliveries
The Ninth Circuit won't undo the Federal Aviation Administration's decision to revoke the pilot certificate of a pilot who transported cannabis within the state of Alaska, saying the state's legalization of cannabis doesn't block the FAA's rules and regulations.
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April 22, 2024
Ayahuasca Church Settles Religious Freedom Suit With Feds
A Phoenix-based church that uses the psychedelic ayahuasca as a sacrament announced Monday that it had reached a legal settlement in Arizona federal court with a slew of federal agencies to ensure its religious right to access the federally controlled substance.
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April 22, 2024
DEA Tells 9th Circ. 'Right To Try' Doesn't Rewrite CSA
The U.S. Drug Enforcement Administration is urging the Ninth Circuit to reject an appeal by a doctor who seeks to administer psilocybin to terminal cancer patients to treat depression, saying the Right to Try Act doesn't waive the Controlled Substances Act's prohibitions or authorize the DEA to do so.
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April 22, 2024
Trulieve Strikes Deal To End Ex-Worker's Whistleblower Suit
Cannabis company Trulieve has reached a deal with a Black former manager to end his suit alleging he was fired after reporting a supervisor's sexual misconduct and several safety violations, according to a filing in Florida federal court.
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April 19, 2024
A Cannabis Constitutional Fight, And The Calif. Atty Behind It
Federal appellate courts are mulling multiple challenges to state and local cannabis licensure programs, all brought by one California-based attorney and each alleging that the dormant commerce clause of the U.S. Constitution must apply to federally illegal marijuana.
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April 19, 2024
NY Lawmakers Approve Overhauling Cannabis Tax System
New York is slated to scrap its potency-based tax system for adult-use cannabis and replace it with a more streamlined wholesale tax structure in June under a budget-related bill approved by state lawmakers.
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April 19, 2024
Blumenauer: This 4/20 Will Be The Last For Schedule I Pot
U.S. Rep. Earl Blumenauer, D-Ore., one of the most ardent champions of marijuana policy reform on Capitol Hill, said Friday that he was optimistic 2024 would be final year that cannabis would remain a Schedule I substance under federal law.
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April 18, 2024
NY Tribe Says Smoke Shop Group Can't Be Trusted With Data
The Cayuga Nation is urging a New York federal judge to keep one of the entrepreneurs it's accused of opening up an unlicensed smoke shop on tribal land from viewing spreadsheets purportedly detailing lost revenues the tribe suffered due to the store's operation, claiming he'll use the information to hurt the tribe's business.
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April 18, 2024
$100M Arbitration Award Restored In Colo. Dispensary Fight
A Colorado appellate panel on Thursday largely reinstated a roughly $100 million arbitration award in a dispute between former business partners in the cannabis dispensary chain Native Roots, finding no basis to conclude the arbitrator was biased.
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April 18, 2024
Pharma Ex-Exec Can't Revive $12M Underpayment Suit in US
A Manhattan federal judge has refused to rethink her decision tossing a $12 million suit accusing Altum Pharmaceuticals Inc. and its cannabis-focused parent company, BetterLife Pharma Inc., of stock dilution and underpaying a former executive chairman of the board of directors, saying the claims are better suited for Canadian courts.
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April 18, 2024
6th Circ. Axes Ex-Perrigo Worker's Drug Test Firing Suit
The Sixth Circuit refused to reinstate a bias suit from a worker who said drugmaker L. Perrigo Co. unlawfully fired him after lip balm caused him to test positive for marijuana, saying he didn't show that age or disability discrimination motivated the decision to let him go.
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April 18, 2024
Missouri AG Launches Probe Into Delta-8 Products
Missouri's Republican attorney general has launched an investigation into four companies purportedly manufacturing or selling vapes and other products containing hemp and marijuana derivatives such as CBD, delta-8 THC and delta-9 THC.
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April 18, 2024
FDA Head Gets GOP Rep.'s Rebuke Over Pot Rescheduling
The Republican chair of a U.S. House of Representatives Appropriations subcommittee on Thursday chided the commissioner of the U.S. Food and Drug Administration for the agency's recommendation last year to loosen restrictions on marijuana.
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April 17, 2024
Discovery Sanction Too Severe In $1M Vape Case, Panel Says
An Illinois appeals court has found that a default judgment granted against a vape shop accused of causing a customer's burn injuries, which led to a $1 million bench verdict, was too severe of a sanction for defense counsel's failure to timely comply with certain discovery requests.
Expert Analysis
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Series
The Pop Culture Docket: Judge Djerassi On Super Bowl 52
Philadelphia Court of Common Pleas Judge Ramy Djerassi discusses how Super Bowl 52, in which the Philadelphia Eagles prevailed over the New England Patriots, provides an apt metaphor for alternative dispute resolution processes in commercial business cases.
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Employee Experience Strategy Can Boost Law Firm Success
Amid continuing business uncertainty, law firms should consider adopting a holistic employee experience strategy — prioritizing consistency, targeting signature moments and leveraging measurement tools — to maximize productivity and profitability, says Haley Revel at Calibrate Consulting.
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Series
Competing In Triathlons Makes Me A Better Lawyer
While practicing law and competing in long-distance triathlons can make work and life feel unbalanced at times, participating in the sport has revealed important lessons about versatility, self-care and perseverance that apply to the office as much as they do the racecourse, says Laura Heusel at Butler Snow.
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Where Justices Stand On Chevron Doctrine Post-Argument
Following recent oral argument at the U.S. Supreme Court, at least four justices appear to be in favor of overturning the long-standing Chevron deference, and three justices seem ready to uphold it, which means the ultimate decision may rest on Chief Justice John Roberts' vote, say Wayne D'Angelo and Zachary Lee at Kelley Drye.
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Perspectives
6 Practice Pointers For Pro Bono Immigration Practice
An attorney taking on their first pro bono immigration matter may find the law and procedures beguiling, but understanding key deadlines, the significance of individual immigration judges' rules and specialized aspects of the practice can help avoid common missteps, says Steven Malm at Haynes Boone.
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Series
ESG Around The World: Canada
In Canada, multiple statutes, regulations, common law and industry guidance address environmental, social and governance considerations, with debate over ESG in the business realm potentially growing on the horizon, say attorneys at Blakes.
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5 Legal Considerations For Psychedelic Therapy Sector
With multiple developments signaling the rise of psychedelic-assisted psychotherapy, it is imperative that clinicians understand unique legal nuances ranging from corporate formation to specialized insurance coverage, say Kimberly Chew and Natasha Sumner at Husch Blackwell.
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Lessons From Country Singer's Personal Service Saga
Recent reports that country singer Luke Combs won a judgment against a Florida woman who didn’t receive notice of the counterfeit suit against her should serve as a reminder for attorneys on best practices for effectuating service by electronic means, say attorneys at Jenner & Block.
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Series
Baking Bread Makes Me A Better Lawyer
After many years practicing law, and a few years baking bread, I have learned that there are a few keys to success in both endeavors, including the assembly of a nourishing and resilient culture, and the ability to learn from failure and exercise patience, says Rick Robinson at Reed Smith.
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Federal Courts And AI Standing Orders: Safety Or Overkill?
Several district court judges have issued standing orders regulating the use of artificial intelligence in their courts, but courts should consider following ordinary notice and comment procedures before implementing sweeping mandates that could be unnecessarily burdensome and counterproductive, say attorneys at Curtis.
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Bill Could Pave Path To 'Safer' Banking For Cannabis Industry
The Secure and Fair Enforcement Regulation, or SAFER, Banking Act, which was recently passed by a U.S. Senate committee, creates potential for financial inclusion of legally operating cannabis businesses and could promote recognition of the disconnect between federal laws and services unavailable to the industry, says Mark Bell at Stinson.
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3 Significant Ohio Insurance Updates From 2023
The past year saw some significant changes and developments in Ohio's insurance coverage landscape, from new bad faith discovery mechanisms relating to out-of-state property to the Ohio Supreme Court's interpretation of what constitutes an assault or battery for coverage purposes, say Jenna Pletcher and William Peseski at Brouse McDowell.
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7 E-Discovery Predictions For 2024 And Beyond
The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.
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5 Litigation Funding Trends To Note In 2024
Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.
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Cannabis Banking Bill Uncertainty May Actually Be A Blessing
The passage of a cannabis banking law is alluring, but little will be lost if the Secure and Fair Enforcement Regulation Banking Act — facing stiff competition from other congressional priorities — gets tabled because the bill ultimately does little to meaningfully propel the industry toward full legalization, says Michael Rosenblum at Thompson Coburn.