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September 03, 2024
NFL Sunday Ticket Subscribers Appeal $4.7B Verdict Reversal
The subscribers to the NFL's Sunday Ticket broadcast package whose $4.7 billion class action jury award was thrown out and antitrust claims erased by a federal judge last month are appealing the rulings to the Ninth Circuit.
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August 30, 2024
Hotel Chains, Software Co. Fight Algorithmic Pricing Suit
Major hotel chains and software provider SAS Institute Inc. have asked a California federal court to toss a proposed class action from hotel guests alleging the companies used a shared pricing algorithm to fix and raise room rates nationwide.
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August 30, 2024
Mich. Supreme Court Shuts Down COVID Closure Suits
Michigan's top court turned away gyms and food-service businesses seeking payment for state-imposed closures and restrictions on their businesses during the COVID-19 pandemic, rejecting the businesses' appeals Friday.
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August 29, 2024
Starbucks Overpromised On 'Reinvention' Plan, Investor Says
Coffee chain Starbucks faces a proposed investor class action alleging it misled the markets about prospects for its so-called Triple Shot Reinvention strategy, hurting investors after trading prices for its shares slid when it announced disappointing quarterly results in April 2024.
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August 29, 2024
NJ Panel Backs Harrah Hotel's Win In Personal Injury Trial
A New Jersey appellate panel Thursday backed Harrah's win in a trial over a disabled veteran's personal injury claims stemming from his forced removal from an Atlantic City hotel's pool area, finding the veteran failed to introduce evidence establishing a standard of care for the hotel's security guards.
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August 29, 2024
Judge Trims Assault, Wage Claims Against Long Island Cafe
A New York federal judge tossed some claims brought by one of eight former employees suing Marie Eiffel Market, a Long Island cafe popular with celebrities, but left the majority of the claims brought by the employees untouched.
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August 29, 2024
Wendy's Settles Beef Over Mystery Shopper Data Patent
Wendy's International LLC and subsidiary Quality Is Our Recipe LLC have cut a deal to end data patent infringement claims brought against them in a sprawling intellectual property case that has already seen several settlements from other fast-food chains.
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August 29, 2024
Bankruptcy Judge Allows Red Lobster To Reject 23 Leases
Troubled seafood chain Red Lobster gained a Florida bankruptcy judge's approval for its proposal to reject leases of an additional 23 restaurant locations slated to close at the end of the month.
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August 28, 2024
'Holy Cow!': MLB Legend's Co. Sues Eatery Over Catchphrase
A company that manages the intellectual property rights of the late Major League Baseball sportscaster Harry Caray filed a trademark infringement suit in Texas federal court Tuesday accusing a Dallas restaurateur of trying to piggyback off the goodwill associated with Caray's famed catchphrase "holy cow!"
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August 28, 2024
Insurer Blasts Ralph Lauren's Appeal For COVID-19 Coverage
Factory Mutual Insurance Co. urged the Third Circuit on Wednesday to reject Ralph Lauren Corp.'s bid to recoup up to $700 million in COVID-19 pandemic losses, blasting the fashion house's "conclusory allegations" that it was entitled to coverage.
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August 27, 2024
Boston Cop's Family Sues Girlfriend, Bars For Wrongful Death
The family of John "J.J." O'Keefe, the Boston police officer allegedly killed by his girlfriend Karen Read, filed a wrongful death suit against her and two local bars where the couple were seen before his death.
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August 27, 2024
Tour Bus Merger Claims Can't Save Antitrust Suit Redux
Claiming a partnership between its rivals amounted to an anticompetitive merger wasn't enough Tuesday to save a New York City tour bus operator's second attempt at antitrust allegations that they locked it out of deals with key tourist destinations.
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August 27, 2024
Reports On 76ers Arena Proposal Don't Allay Chinatown's Fears
A series of studies released by the office of Philadelphia Mayor Cherelle Parker underscored unanswered questions and uneasiness coming from the neighboring Chinatown community about the potential effects of building a new arena in Center City, even if it brings new tax revenue.
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August 27, 2024
Wash. Co. Says Titan Sub Death Suit Belongs In Fed. Court
A Washington state-based firm linked to the Titan submersible that imploded during an expedition to the wreck of the Titanic has argued that federal court is the proper venue for a wrongful death lawsuit launched by the family of a French explorer who was aboard the vessel.
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August 26, 2024
Restaurants Seek Grubhub's Revenue, Staff Info For TM Suit
Restaurants pursuing a proposed class action against Grubhub Inc. for alleged trademark infringement have urged an Illinois federal court to order the food-delivery platform to comply with discovery requests, including information about orders and revenue from establishments that never agreed to partner with Grubhub.
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August 26, 2024
Papa John's Workers In BIPA Class Can 'Fly Solo,' Judge Says
An Illinois federal judge trimmed a lawsuit Friday filed by two former Papa John's workers who claim the chain violated the state's biometric privacy law, but refused to dismiss it as duplicative of a putative class action raising similar claims, saying the plaintiffs have every right to "grab the litigation wheel."
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August 26, 2024
New $400M Suit Over NBA Jersey Deal Alleges Owner Threats
A beverage company and its founder have accused the NBA's Houston Rockets of defrauding it in a proposed jersey sponsorship and product promotion deal, and claimed that owner Tilman Fertitta sent his lawyers to threaten them, in a suit filed in Florida federal court that seeks more than $400 million in damages.
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August 23, 2024
Student Sues Four Seasons Over Masseuse's Sexual Assault
A Pittsburgh college student doing a study-abroad program says she was sexually assaulted by her massage therapist at a Four Seasons Group resort in Casablanca, Morocco, and filed a lawsuit in Pennsylvania state court accusing the company of negligence for not ensuring her safety.
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August 23, 2024
Ark. County Wants Out Of Cherokee Casino Licensing Dispute
An Arkansas county quorum court and its presiding judicial officer are asking a federal district court to be dismissed from a challenge by a Mississippi casino that looks to void a gaming license issued to two Cherokee Nation entities, arguing that the gaming operator has failed to state a claim.
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August 23, 2024
Colo. Board Wrong In Nixing Fees From Valuation, Court Rules
The Colorado Board of Assessment Appeals improperly applied a state Supreme Court decision that erroneously revived a dispute over whether fees should be included in a resort's property valuation, a state appeals court ruled.
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August 23, 2024
5th Circ. Strikes Down DOL Tip Rule
The Fifth Circuit struck down a U.S. Department of Labor rule on tipped wages, saying it goes against the Fair Labor Standards Act and is therefore arbitrary and capricious.
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August 23, 2024
Off The Bench: Sunday Ticket Twist, Dartmouth-NLRB Clash
The NFL comes out of the Sunday Ticket trial with a clean slate, Dartmouth is hit with an unfair labor practice charge by its basketball players, and U.S. Tennis doesn't get a do-over on its handling of a sexual assault case. Law360 is here to catch you up on the sports and betting stories that had our readers talking.
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August 22, 2024
Judge Trims Indigenous Group's South Dakota Hotel Bias Suit
A South Dakota federal judge has axed an Indigenous advocacy group's class allegations while holding bids to dismiss civil rights claims against a Rapid City hotel in abeyance in a discrimination lawsuit that alleges that the business threatened to ban all Native Americans patrons following a shooting in one of its rooms.
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August 22, 2024
Auburn Wants Out Of 11th Circ. Arguments Over Burial Ground
Auburn University has asked the Eleventh Circuit to be excused from oral arguments next month in a dispute between two Native American groups over a burial ground where centuries-old human remains were exhumed to make way for construction of a multimillion-dollar casino.
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August 22, 2024
Mich. Says Justices' Minimum Wage Ruling Lacks Detail
The state of Michigan is seeking clarification from its high court on how to calculate the new minimum wage, saying there were several possible interpretations of the court's recent directive to account for inflation in the wage floor.
Expert Analysis
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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DOJ Paths To Limit FARA Fallout From Wynn's DC Circ. Win
After the D.C. Circuit’s recent Attorney General v. Wynn ruling, holding that the government cannot compel retroactive registration under the Foreign Agents Registration Act, the U.S. Department of Justice has a few options to limit the decision’s impact on enforcement, say attorneys at MoFo.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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Drip Pricing Exemption Isn't A Free Pass For Calif. Eateries
A new exemption relieves California bars and restaurants from the recently effective law banning prices that don't reflect mandatory fees and charges — but such establishments aren't entirely off the hook for drip pricing, due to uncertainty over disclosure requirements and pending federal junk fee regulations, say Alexandria Ruiz and Amy Lally at Sidley.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.