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Cannabis
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December 16, 2024
Pot Co. Stiiizy Accused Of Pushing High-THC Wares On Teens
California cannabis giant Stiiizy has been accused of marketing dangerous high-potency THC products to young people, allegedly resulting in cannabis-induced psychosis in two users who brought a product liability and fraud suit in Los Angeles state court.
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December 16, 2024
Vape Cos. Say Ky. Regulations Violate Federal Law
A vaping company association along with a retailer and wholesaler are challenging a Kentucky law regulating e-cigarettes, saying that it conflicts with the Food, Drug and Cosmetic Act by purporting to enforce U.S. Food and Drug Administration standards.
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December 16, 2024
With Legal Battle Looming, Neb. Legalizes Medical Marijuana
Nebraska became the 39th state to legalize medical marijuana after supermajorities of voters approved ballot measures to decriminalize and regulate its sale, but the state Supreme Court has agreed to hear a challenge from state officials that could invalidate it before implementation.
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December 13, 2024
Pa. Contractor Hit With $4.2M Verdict In Pot Software Row
A Pennsylvania federal jury hit a cannabis software company with a $4.2 million judgment in a lawsuit from a subcontractor claiming it was brought on to help with a government project because of its Black-owned status, then pushed out of the $10 million deal.
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December 13, 2024
Mass. Cannabis Biz Gets Receiver Amid $10M In Debt
A Massachusetts judge on Friday agreed to appoint a receiver to oversee either a sale or liquidation of cannabis grower and retailer Revolutionary Clinics, which owes nearly $10 million to its primary lender and thousands more to landlords and other creditors.
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December 13, 2024
Cannabis Co. Says Budtender Must Arbitrate Tip Pool Suit
A cannabis company urged a Michigan federal court to nix a lawsuit by a budtender accusing it of implementing a mandatory tip pool that was shared with supervisors, saying the worker signed a valid arbitration agreement that keeps this case out of court.
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December 13, 2024
Pot Tech Co. Says Its Countersuit In $24M Dispute Has Legs
Exactly who breached a $24.7 million contract between e-commerce cannabis company Dutchie and a distributor of cash register monitors is still a question for a jury to decide, the cannabis company argued in a motion opposing summary judgment.
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December 13, 2024
Mich. Cos. Accused Of $1.5M Dispensary Investment Scam
An Illinois business is suing Great Lakes Holistics Muskegon and Redbud Roots Inc. in Michigan federal court, alleging the companies' officers induced it to invest $1.5 million into a dispensary that had previously failed, while those officers pocketed the investment.
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December 12, 2024
NY Judge Bars Pot Regulator From Processing Retail Apps
A New York state judge Thursday ordered cannabis regulators to stop processing applications submitted by would-be marijuana sellers who did not secure a location for their proposed pot shop before November of last year, leaving hundreds of prospective retailers in limbo.
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December 12, 2024
Cannabis Shops Ask DC Judge To Halt Store Shutdowns
A coalition of Washington, D.C.-based recreational marijuana shops is asking a D.C. federal judge to put a stop to district regulators' enforcement actions against their stores, saying the businesses face "imminent destruction" absent an injunction.
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December 12, 2024
Judge Troubled By Conduct Of Pot Farmer And State Officials
A federal judge said this week that he's concerned by the "tone and tenor" that both a medical marijuana cultivator and Oklahoma law enforcement officials have taken in a case involving millions of dollars' worth of farm equipment destroyed during an erroneous raid, saying he's going to be looking closely at the conduct of all parties.
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December 12, 2024
Minnesota Cannabis Authority Nixes Social Equity Lottery
Minnesota's cannabis regulators are scrapping the special license lottery for social equity applicants, opting to go with a general applicant lottery since a state court put a pause on their original plans.
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December 12, 2024
Lowenstein Sandler Looks To Keep Dispensary Fee Suit Alive
Lowenstein Sandler LLP has asked a New Jersey state judge to reject a bid by a New Jersey cannabis dispensary and a local firm to dismiss its suit seeking nearly $800,000 in unpaid fees while also agreeing to dismiss claims against its receiver.
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December 11, 2024
Pot Farmer Opposes Sanctions In Suit Over Mistaken Raid
An Oklahoma medical marijuana cultivator whose property was destroyed when state drug enforcers mistakenly raided his legal farm is pushing back on efforts to hit him with sanctions for allegedly being belligerent during a deposition, telling a federal court that he's offered to sit down for a second round of questioning.
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December 11, 2024
Wyoming Defends Hemp Law At 10th Circ.
Wyoming's hemp law, which imposes new restrictions on hemp-derived THC and bans products with more than 0.3% THC, should continue uninterrupted, the state told the Tenth Circuit, saying the statute is neither unconstitutional nor preempted by federal law.
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December 11, 2024
Doctors Group Asks DC Circ. To Pause Pot Hearings
A group of doctors who advise their patients on medical cannabis is asking the D.C. Circuit to put a stay on hearings set for January over whether to reschedule cannabis under the Controlled Substances Act, saying they were unfairly denied the chance to participate in those hearings.
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December 11, 2024
Neb. Medical Pot Legalization Hit With New Legal Challenge
A Republican former Nebraska state senator and opponent of cannabis reform has launched a new lawsuit aiming to invalidate a pair of ballot measures legalizing and regulating medical marijuana which supermajorities of Nebraskans approved on Election Day.
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December 10, 2024
AFL-CIO Backs DOL In Effort To Keep H-2A Labor Rule Alive
The AFL-CIO on Tuesday backed the U.S. Department of Labor's efforts to toss a suit in North Carolina federal court challenging the department's final rule protecting union-related activities for agricultural workers on seasonal H-2A visas, saying that it doesn't violate federal labor law.
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December 10, 2024
Insurer Eyes Dismissal Of Pot Co. Trulieve's Coverage Case
An insurance company that is a unit of Berkshire Hathaway is arguing that it has no obligation to defend Trulieve Inc., which is being sued over a cannabis worker's death, urging a federal judge to toss the lawsuit brought by the largest medical marijuana operator in Florida.
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December 10, 2024
Atty Recommended For Sanctions After 'Bad Faith' Filings
A Florida magistrate judge has recommended sanctioning an attorney representing a franchisee in a contract dispute with CBD American Shaman LLC, saying his duplicate filings — including four motions to reconsider a single order — amount to bad faith.
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December 09, 2024
Mass. Jury Returns $10.6M Verdict In Big Tobacco Case
A Massachusetts jury has hit tobacco giant R.J. Reynolds with a $10.6 million verdict after finding it was liable for causing the fatal lung cancer of a woman, who started smoking as a child, by misrepresenting the dangers of cigarettes.
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December 09, 2024
Cops Can Search Car Over Raw Cannabis Odor, Ill. Justices Say
Illinois police can establish probable cause to search a vehicle based on the smell of raw cannabis alone, the state's highest court has ruled, saying that despite cannabis's legal status in the state, motorists face "stringent" rules when it comes to transporting it in cars.
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December 09, 2024
Workers Can't Sue Under NJ Cannabis Law, 3rd Circ. Rules
New Jersey law does not allow workers to challenge employment actions taken based on marijuana use, a split Third Circuit panel ruled Monday, refusing to revive a worker's lawsuit claiming Walmart rescinded a job offer because of a positive drug test.
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December 09, 2024
NC Hemp Store Owners Say Raids Targeted Their Race
North Carolina sheriff's deputies allegedly "ransacked" and robbed two hemp stores and harassed their Middle Eastern owners in an effort to run them out of their community despite the businesses being legal, according to a new complaint filed in federal court.
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December 06, 2024
Neb. Tribe Asks US High Court To Undo Tobacco Sales Ruling
A Nebraska tribe's tobacco companies are asking the U.S. Supreme Court to overturn an Eighth Circuit ruling that held the state can regulate a tribally owned manufacturer's sales of cigarettes to Indigenous-owned distributors, arguing that Native American nations' ability to conduct their own affairs within their own borders is at stake.
Expert Analysis
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Investors Can Aid In The Acceptance Of Psychedelic Medicine
Psychedelic medicine is ready to have its breakthrough moment, and although it still faces political, legal and communications challenges, private equity investors can play a significant role in changing the public perception on psychedelics from taboo to acceptance, say Kimberly Chew at Husch Blackwell, Charlie Panfil at the Daschle Group and Ethan Lutz at FTI Consulting.
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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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Proposed Cannabis Reschedule Sidesteps State Law Effects
The U.S. Department of Justice's recent proposal to move cannabis to Schedule III of the Controlled Substances Act provides certain benefits, but its failure to address how the rescheduling would interact with existing state cannabis laws disappointed industry participants hoping for clarity on this crucial question, says Ian Stewart at Wilson Elser.
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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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Series
Being An EMT Makes Me A Better Lawyer
While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.
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Exploring An Alternative Model Of Litigation Finance
A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.
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Series
Teaching Yoga Makes Me A Better Lawyer
Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.
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A Vision For Economic Clerkships In The Legal System
As courts handle increasingly complex damages analyses involving vast amounts of data, an economic clerkship program — integrating early-career economists into the judicial system — could improve legal outcomes and provide essential training to clerks, say Mona Birjandi at Data for Decisions and Matt Farber at Secretariat.
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Opinion
State-Regulated Cannabis Can Thrive Without Section 280E
Marijauna's reclassification as a Schedule III-controlled substance comes at a critical juncture, as removing marijuana from being subjected to Section 280E of the Internal Revenue Code is the only path forward for the state-regulated cannabis industry to survive and thrive, say Andrew Kline at Perkins Coie and Sammy Markland at FTI Consulting.
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E-Discovery Quarterly: Recent Rulings On Text Message Data
Electronically stored information on cellphones, and in particular text messages, can present unique litigation challenges, and recent court decisions demonstrate that counsel must carefully balance what data should be preserved, collected, reviewed and produced, say attorneys at Sidley.
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Series
Swimming Makes Me A Better Lawyer
Years of participation in swimming events, especially in the open water, have proven to be ideal preparation for appellate arguments in court — just as you must put your trust in the ocean when competing in a swim event, you must do the same with the judicial process, says John Kulewicz at Vorys.
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What 100 Federal Cases Suggest About Changes To Chevron
With the U.S. Supreme Court poised to overturn or narrow its 40-year-old doctrine of Chevron deference, a review of 100 recent federal district court decisions confirm that changes to the Chevron framework will have broad ramifications — but the magnitude of the impact will depend on the details of the high court's ruling, say Kali Schellenberg and Jon Cochran at LeVan Stapleton.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.