The U.S. Supreme Court on Wednesday overruled a determination that the U.S. Food and Drug Administration acted arbitrarily when it rejected an e-cigarette company's applications to market flavored vape products.
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THURSDAY, APRIL 3, 2025 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Supreme Court Backs FDA Block Of Flavored Vapes

By Sam Reisman

The U.S. Supreme Court on Wednesday overruled a determination that the U.S. Food and Drug Administration acted arbitrarily when it rejected an e-cigarette company's applications to market flavored vape products.

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Justices Broaden RICO Reach To Personal Injuries

By Sam Reisman

The U.S. Supreme Court on Wednesday expanded the type of civil actions that can be brought under a federal racketeering statute, asserting that claims stemming from personal injuries are redressable if they can be shown to have caused economic harm.

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Mich. Justices Say Pot Smell Not Enough For Police Search

By Carolyn Muyskens

The Michigan Supreme Court ruled Wednesday that the odor of marijuana alone cannot justify a warrantless vehicle search, overturning case law that dated from a time when using the drug was a crime in the Great Lakes State.

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Hemp Shop's Suit Over Cops' Raid, Arrests Tossed For Good

By Mike Curley

A Texas federal judge has dismissed with prejudice a hemp shop owner's suit alleging that city of Port Lavaca police illegally raided her shop and arrested her and an employee on suspicion of selling illegal cannabis.

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ENFORCEMENT

Bidi Vapor Says FDA Denial Of E-Cig Was Unlawful

By Carolina Bolado

Vape company Bidi Vapor LLC urged the Eleventh Circuit on Wednesday to reverse a U.S. Food and Drug Administration decision denying its application to market a disposable e-cigarette, saying the agency acted unlawfully and ignored evidence the company presented.

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LITIGATION

Colo. Regulators Want Pot Grower's Enforcement Suit Tossed

By Mike Curley

The Colorado Department of Revenue is urging a state court to throw out a suit by a cannabis farm alleging that the Marijuana Enforcement Division has failed to enforce its regulations, saying that there's no final agency action for the farm to challenge in the courts.

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Magistrate Backs Bank Directors' Win In Dispute With Pot Biz

By Sydney Price

An Oregon federal magistrate judge recommended dismissing all claims that a cannabis company and its owner brought against two former directors of a now-defunct bank, accusing them of refusing to communicate the status of the company's deposited funds.

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EXPERT ANALYSIS

Series

Adapting To Private Practice: From DOJ Leadership To BigLaw

The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

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LEGAL INDUSTRY

Senate Confirms Trump Nominee For Solicitor General

By Courtney Bublé

The Senate voted 52-45, along party lines, on Thursday to confirm Dean John Sauer, a former personal attorney of President Donald Trump, to be solicitor general of the United States.

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CFTC Taps New Acting Head Of Market Oversight Division

By Sarah Jarvis

The Commodity Futures Trading Commission announced Wednesday that its Division of Market Oversight will be headed on an acting basis by a longtime employee of the derivatives market regulator who helped start the division's Market Intelligence Branch.

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Analysis

Adams Case Threatens NY Southern District's 'Supremacy'

By Phillip Bantz

The controversial end to New York City Mayor Eric Adams' historic criminal corruption prosecution could threaten the Southern District of New York's privileged status within the Justice Department and its leverage over other districts when it comes to vying for the lead on high-profile cases, experts say.

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Judge OKs Toss Of FCPA Case Against Ex-Cognizant Execs

By Carla Baranauckas

A New Jersey federal judge on Thursday granted the federal government's bid to end the Foreign Corrupt Practices Act case against two former executives of Cognizant Technology Solutions Corp., ending a legal battle that was beset by delays throughout its six-year run.  

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Pick For DC's US Atty Exits Roles To Prepare For Confirmation

By Courtney Bublé

The nominee for U.S. attorney for the District of Columbia, Ed Martin, has made his law firm inactive and resigned from other roles in preparation for his confirmation.

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'No Serious Question' Federal Firings Broke Law, Justices Told

By Katie Buehler

Federal employee unions and advocacy groups urged the U.S. Supreme Court on Thursday to reject the Trump administration's bid to pause a California court order reinstating tens of thousands of probationary workers fired from six agencies, arguing the government can't escape self-inflicted harms brought on by its allegedly unlawful actions.

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11th Circ. Urged To End For-Cause Firing Of Tax Court Judges

By David Minsky

A widow and former licensed practical nurse urged the Eleventh Circuit on Thursday to eliminate a code provision that only allows for-cause removal of U.S. Tax Court judges — saying it restricts presidential power — or else declare the provision unconstitutional because the Tax Court isn't a part of the executive branch.

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Echoing EEOC, Red State AGs Target Law Firms Over DEI

By Patrick Hoff

A dozen Republican state attorneys general on Thursday urged 20 law firms to fork over information the U.S. Equal Employment Opportunity Commission requested last month about their workplace diversity practices, doubling down on the acting EEOC chair's claim that those practices may be unlawful.

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COMPANIES IN TODAY'S NEWS

American Association for Justice

American Federation of Government Employees

American Federation of State County & Municipal Employees

American Tort Reform Association

CA Technologies

Campaign for Tobacco-Free Kids

Cognizant Technology Solutions Corp.

Getty Images Holdings Inc.

Left Coast Financial Solutions

LinkedIn Corp.

Otis Worldwide Corp.

Pepco Holdings Inc.

PricewaterhouseCoopers LLP

Product Liability Advisory Council Inc.

U.S. Chamber of Commerce

Washington Legal Foundation

LAW FIRMS IN TODAY'S NEWS

Altshuler Berzon

Bohrer PLLC

Cooley LLP

Dhillon Law Group

Dykema

Gibbons PC

Hogan Lovells

Jones Day

Keller & Heckman

Kirkland & Ellis

Latham & Watkins

Law Office of Shawn P. Ryan

Lewis Baach

Margulis Gelfand

Milbank LLP

Morgan Lewis

Nelson Mullins

Paul Weiss

Perkins Coie

Pillsbury Winthrop

Quinn Emanuel

Sergi & Associates

Skadden Arps

Sullivan & Cromwell

Thompson Hine

Tonkon Torp

Troutman

Wiggin & Dana

Williams & Connolly

WilmerHale

GOVERNMENT AGENCIES IN TODAY'S NEWS

Colorado Department of Revenue

Commodity Futures Trading Commission

Equal Employment Opportunity Commission

Executive Office for U.S. Attorneys

Federal Energy Regulatory Commission

Food and Drug Administration

Internal Revenue Service

Michigan Supreme Court

New York County District Attorney's Office

U.S. Attorney's Office

U.S. Attorney's Office for the District of New Jersey

U.S. Attorney's Office for the Southern District of New York

U.S. Court of Appeals for the Eleventh Circuit

U.S. Department of Justice

U.S. District & Bankruptcy Courts of Southern District of Texas

U.S. District Court for the District of Columbia

U.S. District Court for the District of New Jersey

U.S. District Court for the District of Oregon

U.S. District Court for the Eastern District of New York

U.S. District Court for the Northern District of California

U.S. District Court for the Southern District of New York

U.S. Environmental Protection Agency

U.S. House of Representatives

U.S. Office of Personnel Management

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

U.S. Tax Court

Washington Attorney General's Office