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Cannabis
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October 04, 2024
High Court Takes Up E-Cig 'Forum Shopping' Appeal
The U.S. Supreme Court on Friday agreed to review a Fifth Circuit ruling that allowed out-of-circuit e-cigarette manufacturers to seek judicial review before the New Orleans-based court so long as the petition is joined by a seller located in the circuit.
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October 03, 2024
Trulieve Sues Fla. Republican Party Over Anti-Weed Ads
Trulieve, which is Florida's largest medical marijuana company and the principal backer of a ballot initiative to legalize cannabis in the Sunshine State, has sued the state's Republican Party and a pair of television stations for defamation, alleging that they ran misleading anti-weed ads.
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October 03, 2024
Medical Pot Expansion Effort Notches Win In Ark. High Court
The Arkansas Supreme Court has granted an injunction to the activists behind a ballot measure to expand medical marijuana access and ordered the state's secretary of state to verify signatures submitted by the campaign which he had previously deemed invalid.
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October 03, 2024
12 Lawyers Who Are The Future Of The Supreme Court Bar
One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.
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October 03, 2024
EEOC Says Colo. Pot Shop Fired Budtender Over Disability
The U.S. Equal Employment Opportunity Commission is suing a Colorado marijuana dispensary, alleging that it fired a budtender for memory issues stemming from a mini stroke when she was nine years old, while privately calling her a "fruitcake."
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October 02, 2024
Montana Sheriff Secures Win In Medical Pot Grow Lawsuit
A Montana federal judge has ruled against a onetime cannabis grower who alleged that county law enforcement officials and a neighboring ranch colluded to investigate his property and place him under arrest on false premises.
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October 02, 2024
Cannabis Co. Worker Seeks To Decertify Union In NJ
A Green Thumb Industries employee backed by the National Right to Work Foundation is looking to decertify the union that represents the cannabis company's New Jersey employees, the anti-union group announced Wednesday.
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October 02, 2024
Ranking House Dems Urge Swift DEA Action On Pot Reform
A pair of House Democratic committee ranking members have urged the Drug Enforcement Administration to act quickly to loosen federal restrictions on marijuana and suggested that federal agencies should consider descheduling the drug altogether.
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October 02, 2024
Maine's First Female Federal Judge To Take Semiretired Status
U.S District Judge Nancy Torresen, the first woman to hold a federal judgeship in Maine, will take semiretired status next year.
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October 02, 2024
Tilray Gets Investor Stock Suit Scrubbed For Good
A New York federal judge has dismissed with prejudice an investor suit alleging cannabis company Tilray Inc. and its officers misled investors about a co-branding agreement's prospects, saying the latest amended complaint fails to show that the company's CEO had intent to defraud or other nefarious motives.
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October 01, 2024
From AI To Enviro: The Top Biz Bills Calif. Gov. Inked Into Law
California Gov. Gavin Newsom signed hundreds of bills into law ahead of an Oct. 1 deadline, meaning major changes are on the horizon for employers, tech companies, healthcare providers and others doing business in the Golden State.
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October 01, 2024
Activists Sue Ark. Officials Over Medical Pot Ballot Measure
Activists attempting to put a measure that would expand medical marijuana access in Arkansas on the ballot brought a lawsuit against John Thurston, the state's secretary of state, on Tuesday, one day after he said that the campaign did not have enough signatures to qualify for the ballot.
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October 01, 2024
Ex-CBD Exec Must Face SEC Fraud Suit Over $13M Deal
The U.S. Securities and Exchange Commission sufficiently backed its claims that a former cannabidiol products executive misled investors, including by making false statements in press releases, a Connecticut federal judge has ruled.
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October 01, 2024
DOJ Says It Is Constitutional To Disarm Pot Patients
The U.S. Department of Justice told a Pennsylvania federal judge Tuesday that a federal policy barring medical marijuana patients from lawfully possessing firearms is constitutional, and it urged the court to dismiss a legal challenge to the statute.
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October 01, 2024
NC Man Defends $1.6M Verdict Over Vape Battery Explosion
A North Carolina man is asking a state appeals court to affirm his $1.6 million verdict in a suit against a distributor over injuries he suffered when a lithium-ion battery for his vape exploded in his pocket, saying there was plenty of evidence for the jury to conclude the distributor sold the battery in question.
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September 30, 2024
Licensed DC Pot Shops Take Aim At Illicit Stores
A new lawsuit in D.C. federal court is taking aim at allegedly "unlicensed and illegal cannabis dispensaries" in the district, saying the unregulated market is squeezing out legal businesses.
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September 30, 2024
Claims Trimmed In Neb. Medical Pot Legalization Fight
A Nebraska state judge has dismissed two out of four claims in a lawsuit aiming to block voters from deciding on ballot measures that could legalize medical cannabis and establish a system regulating its manufacture and sale.
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September 30, 2024
Calif. Gov. Signs Bill To Allow Cannabis Cafes
California Gov. Gavin Newsom on Monday approved a bill that would pave the way for cannabis retailers to sell food and drink for on-site consumption — akin to the cannabis cafes found in Amsterdam — as well as host live events on their premises.
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September 30, 2024
Alaska Seeks Toss Of Challenge To New Hemp Regulations
The state of Alaska is asking a federal court to throw out a bid by a hemp industry group to block enforcement of regulations prohibiting the sale of intoxicating hemp products, saying the regulations are not preempted by federal law.
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September 30, 2024
Macy's Can't Dodge DOL's Tobacco Surcharge Program Suit
An Ohio federal judge has denied Macy's Inc.'s bid to dismiss a health plan discrimination claim brought against it by the U.S. Department of Labor but gave the retailer a chance to try again, ruling that the parties' dispute has surely been affected by the U.S. Supreme Court's recent decision to ax Chevron deference.
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September 27, 2024
Corporate Raider Accused Of Shirking $180M SEC Judgment
Corporate takeover specialist Paul A. Bilzerian, accused of ducking a more than $180 million judgment owed to the U.S. Securities and Exchange Commission for decades, was indicted alongside his longtime accountant and his cannabis company on Thursday, California federal prosecutors said Friday.
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September 27, 2024
Ex-NFL Linebacker Wants THC Suit Back In Colorado Court
A former Denver Broncos player who sued the NFL for discrimination after he was fined more than $532,000 for using medically prescribed synthetic THC is urging a Colorado federal judge return the case to state court.
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September 27, 2024
Hemp Org., Cheech & Chong Take Aim At New Calif. THC Ban
A leading hemp industry trade organization has teamed up with the cannabis brand fronted by stoner comedians Cheech and Chong to challenge new emergency regulations in California that ban the sale of hemp products containing the psychoactive cannabinoid THC.
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September 27, 2024
NC Biz Court Trims Pot Farm Fight With 'Amazon Of Hemp'
An online hemp retailer has narrowed a North Carolina farm's lawsuit alleging the retailer doctored its THC reports before listing the farm's products for sale online, with a state Business Court judge finding they aren't competitors and the farm otherwise failed to show the retailer tried to pass off the hemp producer's products as its own.
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September 27, 2024
Philip Morris Says Nicotine Pouch Suit Is Preempted
Philip Morris International Inc. and a subsidiary are urging a Connecticut federal judge to throw out claims that they falsely advertised nicotine pouches as safe and healthy and marketed them to adolescents, saying the claims are preempted by federal law.
Expert Analysis
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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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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.