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June 13, 2024
Red Roof Had 'Revolving Door' For Trafficking, Ga. Jurors Told
A former Red Roof Inn Inc. employee and the leader of a nonprofit testified Thursday about sex trafficking they saw take place at two metro Atlanta Red Roof Inn locations as part of a landmark civil trial in which 11 women allege the company knew trafficking was taking place at the locations and did nothing to stop it.
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June 13, 2024
Supreme Court Tightens NLRB Injunction Test
The U.S. Supreme Court made it tougher for the National Labor Relations Board to win injunctions against employers Thursday in a case involving Starbucks, directing courts to strictly apply a four-factor test when the board sues to stem alleged unfair labor practices.
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June 12, 2024
6th Circ. Judge Asks If Ad Limit Fight Destined For High Court
Sixth Circuit judges wondered if Republicans will have to take their challenge to limits on political parties' spending on candidate campaign ads to the U.S. Supreme Court for relief, questioning Wednesday if there's wiggle room to depart from a 20-year-old high court case upholding the limits.
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June 12, 2024
32 AGs Urge Justices Take Up Okla. PBM Law Fight
Thirty-two attorneys general urged the U.S. Supreme Court to take up Oklahoma's petition for review of a Tenth Circuit decision holding that federal law preempted portions of a state law regulating pharmacy benefit managers, arguing the justices needed to intervene to resolve a circuit split.
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June 12, 2024
6th Circ. Says Worker's Anti-Vax Bias Suit Prematurely Tossed
A trial court was too tough on a Christian job seeker when it threw out her religious bias lawsuit against an in-home healthcare provider that she alleged turned her away for refusing to get the COVID-19 vaccine, the Sixth Circuit ruled Wednesday.
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June 12, 2024
Ex-Wendy's Worker Drops Suit Over Breast-Pumping Space
A former Wendy's employee who accused the company and multiple related entities of failing to provide proper private space for workers to pump breast milk despite federal labor laws requiring them to do so has permanently dropped her claims from Ohio federal court.
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June 12, 2024
Pleading Flaw Sinks $1.5M Malpractice Award In Miami
A Miami appeals court on Wednesday vacated a $1.5 million legal malpractice arbitration award against The Ferraro Law Firm, finding the arbitrator had not followed pleading guidelines fairly in awarding the seven-figure award to the firm's ex-client, Royal Merchant Holdings LLC.
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June 11, 2024
Ohio Justices Will Review Bid To Toss Neck Injury Suit
The Ohio Supreme Court said on Tuesday it would review an appellate court decision that pulled Mid-Ohio Physicians LLP and one of its doctors back into a medical malpractice lawsuit after they had escaped liability by leaning on the statute of limitations.
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June 11, 2024
6th Circ. Judge Doubts Clinic's Standing To Block Bias Law
During Sixth Circuit arguments Tuesday probing whether a Christian medical clinic can block Michigan from targeting it for refusing to facilitate gender transitions, one judge searched for evidence that the clinic is actually at risk of being prosecuted under the state's civil rights law.
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June 11, 2024
6th Circ. Judge Wary Of Party Dissenters' 'Right' To Use Logo
A Sixth Circuit judge seemed skeptical on Tuesday that limiting a dissenting faction of the Libertarian Party of Michigan's use of the name and logo of the Libertarian National Committee infringes the group's speech rights, saying members can still voice their opinions.
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June 11, 2024
Biz Groups Urge 6th Circ. To Put Net Neutrality On Hold
Industry groups want the Sixth Circuit to put the Federal Communications Commission's net neutrality rules on hold while they are litigated and to reject an FCC bid to move numerous consolidated challenges to the D.C. Circuit.
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June 11, 2024
J&J Inks $700M Deal To End AGs' Talc Marketing Suits
Forty-three state attorneys general on Tuesday said there has been a $700 million nationwide settlement and a consent judgment has been reached with Johnson & Johnson that ends claims it misled consumers about the safety of its talc products.
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June 10, 2024
6th Circ. Won't Rethink Drop Of Suit Over Doped Derby Horse
A Sixth Circuit panel on Monday declined to rehear arguments from a group of gamblers who claim they should have been paid for their 2021 Kentucky Derby winning bets after the first-place horse was eventually disqualified for doping.
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June 10, 2024
14 Tire Price-Fixing Cases Consolidated In Ohio
Bridgestone, Goodyear, Michelin and other tire companies will be fighting a growing number of replacement tire price-fixing proposed class actions in Ohio federal court under a Judicial Panel on Multidistrict Litigation order Friday consolidating 14 such lawsuits and identifying 21 more that may follow suit.
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June 10, 2024
Ill. Judge Hangs Gain False Labeling Claims Out To Dry
An Illinois consumer who washes clothes with Gain detergent cannot pursue fraud claims targeting a bottle's purported load capacity because she hasn't shown that reasonable customers believe the label refers to large rather than medium loads, a federal judge said Monday.
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June 10, 2024
Ohio Judge Won't Free Feds From Wife's Visa Delay Suit
An Ohio federal magistrate judge refused to free the U.S. Department of State from a lawsuit challenging a delayed green card application, rejecting officials' claims that an application pushed into administrative proceedings was outside the court's purview.
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June 10, 2024
EPA Air Compliance Rule Trumps State Powers, DC Circ. Told
The U.S. Environmental Protection Agency usurped state authority when it issued a final rule changing the deadline for states to submit Clean Air Act compliance plans for power plants and other existing facilities within their borders, 25 Republican-led states told the D.C. Circuit.
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June 10, 2024
Texas Urges 5th Circ. To Prioritize DHS Parole Program Appeal
Texas has urged the Fifth Circuit to expedite its bid to revive a challenge to the Biden administration's parole program for Cuba, Haiti, Nicaragua and Venezuela, saying time is of the essence because the case has major implications on federal immigration policy.
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June 07, 2024
Motley Rice Allocated Biggest Share Of $2B Opioid Fees
A panel directed with allocating $2.13 billion in attorney fees stemming from opioid settlements has recommended awarding the largest shares of the pot to Motley Rice LLC, Simmons Hanly Conroy LLC and Napoli Shkolnik PLLC, according to a report filed Friday in Ohio federal court.
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June 07, 2024
Ohio Panel Says School Union Dues Dispute Tied To Contract
An Ohio state appeals court said five public school employees cannot hash out their claims over unauthorized union dues deductions in court because they draw from a collective bargaining agreement and therefore must be handled administratively.
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June 07, 2024
6th Circ. Revives Investors' Suit Over Leech Tishman Advice
A Sixth Circuit panel has revived a group of investors' claims that Pittsburgh-based Leech Tishman Fuscaldo & Lampl's lawyers gave fraudulent and negligent advice about clean energy investments that turned out to be a Ponzi scheme, reasoning that a one-year statute of limitations had been tolled for some claims and didn't apply to others.
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June 07, 2024
First Trial Over Chiquita Paramilitary Payments Goes To Jury
A Florida federal jury on Friday began deliberating whether Chiquita is liable for several deaths at the hands of right-wing paramilitary organization Autodefensas Unidas de Colombia although deliberations paused in the afternoon and are scheduled to resume on Monday.
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June 07, 2024
Scotts Miracle-Gro Hit With Suit Over Sales Channel 'Stuffing'
A pension plan investor of Scotts Miracle-Gro has filed a class action suit against the lawn and garden care company and several former and current executives, alleging they misled investors about the company's inventory levels, debt covenant compliance and financials.
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June 07, 2024
FCC Asks 6th Circ. To Transfer Net Neutrality Cases To DC
The Federal Communications Commission on Friday urged the Sixth Circuit to transfer a set of challenges to the FCC's recently passed net neutrality rules to the D.C. Circuit, where similar suits have previously played out.
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June 07, 2024
FCA, Cummins' $6M Engine Defect Deal Gets OK'd
A Michigan federal judge gave the go-ahead Friday to a $6 million settlement to resolve claims that Cummins Inc. made defective engines that went into FCA US LLC's Dodge Ram vehicles. FCA, now part of Stellantis NV, was once better known as Fiat Chrysler Automobiles NV.
Expert Analysis
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Ensuring Nonpublic Info Stays Private Amid SEC Crackdown
Companies and individuals must take steps to ensure material nonpublic information remains confidential while working outside the office, as the U.S. Securities and Exchange Commission continues to take enforcement actions against those who trade on MNPI and don't comply with new off-channel communications rules in the remote work era, say attorneys at BakerHostetler.
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A Look At Ex Parte Seizures 8 Years Post-DTSA
In the eight years since the Defend Trade Secrets Act was enacted, not much has changed for jurisprudence on ex parte seizures, but a few seminal rulings show that there still isn’t a bright line on what qualifies as extraordinary circumstances warranting a seizure, say attorneys at Finnegan.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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GSA's Carbon-Free Power Plan: Tips For Electricity Suppliers
The U.S. General Services Administration's recent request for information concerning its intent to acquire a large amount of carbon pollution-free electricity over the next decade in the PJM Interconnection region offers key insights for companies interested in becoming electric power suppliers to federal government agencies, say Shaunna Bailey and Nicholas Dugdale at Sheppard Mullin.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Opinion
States Should Follow Federal Lead On Expert Evidence Rules
The recently amended Federal Rule of Evidence 702 will help ensure expert testimony in federal courts reflects adequate data and reliable methods properly applied to a given case, and state courts — home to the overwhelming majority of U.S. litigation — should adopt similar changes, says retired attorney Michael Harrington.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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When Trade Secret Protection And Nat'l Security Converge
The Trump administration's anti-espionage program focused on China is over, but federal enforcement efforts to protect trade secrets and U.S. national security continue, and companies doing business in high-risk jurisdictions need to maintain their compliance programs to avoid the risk of being caught in the crosshairs of an investigation, say attorneys at Baker McKenzie.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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Opinion
High Court Should Settle Circuit Split On Risk Disclosures
The U.S. Supreme Court should grant the petition for writ of certiorari in the Facebook case to resolve a growing circuit split concerning when risk disclosures can be misleading under federal securities laws, and its decision should align with the intent of Congress and the U.S. Securities and Exchange Commission, says Richard Zelichov at DLA Piper.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.