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Public Policy
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March 04, 2025
Minn. County Officials Claim Bias In DOI's Land Trust Decision
A trio of Minnesota municipalities are asking a federal court for a quick win in a dispute over more than 3,000 acres taken into trust for the Mille Lacs Band of Ojibwe Indians, arguing that the decisions are the product of an unconstitutionally biased process.
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March 04, 2025
House Aviation Panel Weighs Air Traffic Control Fixes
Aviation workers' unions and industry stakeholders told lawmakers on Tuesday that years of political inertia and more recent tumult related to the federal workforce firings are impacting efforts to hire more air traffic controllers and overhaul the nation's outdated and overburdened ATC system.
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March 04, 2025
Fla. Med Mal Damages Loophole Facing Lawmaker Scrutiny
With the new legislative session now underway in the Florida Legislature, state lawmakers are once again considering doing away with a statute that plaintiffs attorneys say unfairly and arbitrarily limits pain-and-suffering damages in fatal medical malpractice cases, but healthcare providers are saying not so fast.
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March 04, 2025
House GOP Push WH Right To Send State Cases To Fed. Court
House Republicans on Tuesday rallied behind a bill that would let current and former presidents move state cases against them to federal court, calling the legislation a response to weaponized prosecutions of President Donald Trump.
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March 04, 2025
10th Circ. Upholds EPA Approval Of Colo. Smog Plan Changes
A Tenth Circuit panel on Tuesday affirmed the U.S. Environmental Protection Agency's approval of two changes to Colorado's plan to bring Denver and the northern Front Range into compliance with ozone pollution standards, rejecting a challenge brought by conservation groups.
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March 04, 2025
Trump To Drop Biden-Era Suit Against Idaho Abortion Ban
The Trump administration has said it plans to drop a federal lawsuit alleging that Idaho's strict abortion ban conflicts with a federal emergency stabilization law, a reversal from the Biden administration's legal efforts that fought the ban up to the U.S. Supreme Court.
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March 04, 2025
Ruger Must Face Colorado Shooting Suits In Connecticut
Connecticut-based gunmaker Sturm Ruger & Co. Inc. must face two lawsuits in its home state over a 2021 mass shooting in a Boulder, Colorado, supermarket, a Connecticut judge has ruled, citing the state's interest in policing harms its businesses may cause in other jurisdictions.
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March 04, 2025
CFPB Says Ga. Enforcement Atty 'No Longer Employed' There
Another Consumer Financial Protection Bureau attorney, based out of the agency's Atlanta regional office, has left the bureau as it faces uncertainty under President Donald Trump's administration.
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March 04, 2025
DC Circ. Doubts FERC Was Wrong To OK Tennessee Pipeline
The D.C. Circuit struggled to understand just where environmentalists think FERC messed up when approving a Tennessee pipeline project that would serve a gas-fired power plant that's set to replace a coal-fired one, expressing varying degrees of doubt Monday during arguments.
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March 04, 2025
Bored Ape NFT Maker, Crypto Co. Say SEC Threats Are Over
The crypto arm of trading firm DRW Holdings LLC and the company behind the celebrity-endorsed non-fungible token project known as the Bored Ape Yacht Club say that they are the latest in a string of digital asset firms to see the back of the U.S. Securities and Exchange Commission.
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March 04, 2025
Special Master Recommends Win For UnitedHealth In FCA Suit
A massive False Claims Act case targeting Medicare Advantage plans operated by UnitedHealth relies on "speculation and assumptions," according to a special master's report that recommends ruling in the company's favor and ending the lawsuit.
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March 04, 2025
3rd Circ. Says Pa. GOP Can't Challenge Biden's Voting Order
The Third Circuit on Tuesday ruled that Republican lawmakers from Pennsylvania lack the standing to challenge former President Joe Biden's executive order expanding "get-out-the-vote" information, reasoning that the individual politicians could not bring a suit claiming an injury on behalf of the state Legislature.
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March 04, 2025
DC Judge Blocks Trump Admin From Removing MSPB Chair
President Donald Trump illegally attempted to fire the Merit Systems Protection Board chair without cause, a D.C. federal judge ruled Tuesday, repudiating the administration's arguments that removal protections for board members violate the U.S. Constitution.
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March 04, 2025
IRS Drops Push To Penalize Ex-Braves Players For Fraud
The federal government dropped its push Tuesday to reinstate civil fraud penalties against a partnership founded by former Atlanta Braves players John Smoltz and Ryan Klesko in their Eleventh Circuit appeal of a decision slashing their $47 million deduction for a conservation easement donation.
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March 04, 2025
Pa. Justices Question 'Key' Witness Test For Forum Change
Members of the Pennsylvania Supreme Court wondered Tuesday if a state appeals panel established an unfair test by requiring parties seeking a new forum to shoulder the difficult burden of proving, very early in litigation, that faraway witnesses would be "key" to their case.
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March 04, 2025
Bondi Taps NY Atty To Lead Northern District
Attorney General Pam Bondi said Tuesday that longtime Westchester County attorney John Sarcone III has been tapped to lead the U.S. Attorney's Office for the Northern District of New York.
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March 04, 2025
PBMs Ask 8th Circ. To Pause FTC's Insulin Pricing Case
Caremark Rx, Express Scripts and OptumRx have asked the Eighth Circuit to pause the Federal Trade Commission's in-house case accusing the pharmacy benefit managers of artificially inflating insulin prices as they push their constitutional claims against the agency.
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March 04, 2025
Paxton Retaliation Case In 'Untested Territory,' Judge Says
A Travis County judge said Tuesday that she was inclined to reopen evidence before approving a multimillion-dollar judgment proposed by four former deputies of Texas Attorney General Ken Paxton, noting that a recent appellate ruling left the court "in untested territory."
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March 04, 2025
Dispensary Fights Counties' Extra Pot Tax In Mo. High Court
A Missouri appellate court correctly found that counties wrongfully imposed a 3% additional sales tax on cannabis sales that were already subject to tax by a local government, a dispensary told the state Supreme Court.
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March 04, 2025
Colo. House Committee Advances Bill To Add 15 State Judges
The Colorado House Judiciary Committee on Tuesday voted to advance a bill that would add 15 state judges over the next two years, after Senate lawmakers scaled back the proposal to address concerns about the bill's cost in a tight budget year.
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March 04, 2025
NY Creates Framework For County Tax On Short-Term Rentals
New York established a framework for counties to impose tax on short-term rentals as part of a bill signed by Democratic Gov. Kathy Hochul.
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March 04, 2025
FCC Dismisses Bid To Revisit Local Unbundling Rules
The Federal Communications Commission has dismissed a petition to restore local telecom unbundling rules, reiterating the agency's 2020 reasons for lifting a number of restrictions on local incumbents and restating that those limitations are no longer necessary.
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March 04, 2025
Trump's Mexico, Canada Tariffs To Face Legal Tests, Pros Say
President Donald Trump placed 25% tariffs on all goods from Canada and Mexico on Tuesday, citing drug trafficking as the core reason he used untested emergency tariff powers, a course of action that will face legal scrutiny, tax professionals told Law360.
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March 04, 2025
NY Judicial Complaints Hit New High Amid Public 'Anger'
New York's judicial watchdog on Tuesday reported a record number of complaints against judges in 2024, receiving about as many grievances as the state court system has judges.
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March 04, 2025
Pa. Justices Wary Of 'Limitless Liability' Without Damages Cap
Pennsylvania's $250,000 damages limit on injury claims involving state entities is too low in cases involving catastrophic injuries, the lawyer for a woman hit by a bus told the state Supreme Court on Tuesday, drawing questions from the justices about the potential for state agencies to be crippled by "limitless liability."
Expert Analysis
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California's New Homeowner Law Could Hamper Foreclosures
While A.B. 2424, which took effect this month in California, gives homeowners in default additional protections, it also provides loopholes that can be used to delay foreclosure auctions, and the cost of these delays will likely be passed on to the borrower, says Stephen Britt at Severson & Werson.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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How Fintechs Can Respond To New CFPB Supervisory Rule
Even though a new Consumer Financial Protection Bureau rule pulling large payment apps into supervision faces an uncertain fate in the new administration, providers should still examine the rule's definitions and prepare for increased compliance costs and more consumer-friendly practices, say attorneys at DLA Piper.
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Ruling Shows High Court Willing To Limit Immigration Review
The U.S. Supreme Court's recent decision in Bouarfa v. Mayorkas is the latest demonstration of the court’s readiness to limit judicial review in the immigration space, a notable break from other recent decisions that expanded judicial review of agency decisions in other areas, says Mark Fleming at WilmerHale.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Despite Political Divide, FEC Found Common Ground In '24
The Federal Election Commission, although evenly split between Republicans and Democrats, reached consensus in consequential advisory opinions, enforcement actions and regulations last year, offering welcome clarity on some key questions facing campaigns, PACs and parties, say attorneys at Covington.
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How FTC Sent A $5.6M Warning Against Jumping The Gun
The Federal Trade Commission's recent record $5.6 million "gun jumping" action against Verdun Oil, for allegedly exerting control over EP Energy before the mandatory waiting period under U.S. antitrust law expired, warns companies that they must continue to operate independently during review, say attorneys at Ballard Spahr.
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How Deregulation Could Undermine Trump's Anti-DEI Agenda
While rolling back federal agency power benefited conservative policies during the Biden administration, it will likely undermine President Donald Trump's ability to wield agencies like the U.S. Equal Employment Opportunity Commission to dismantle diversity, equity and inclusion initiatives beyond the federal workforce and into the private sector, says Ally Coll at the Purple Method.
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Managing Litigation Side-Switching During 2nd Trump Admin
Now that the new presidential administration is in place, the government will likely switch positions in a number of pending cases, and stakeholders should employ strategies to protect their interests, say attorneys at Covington.
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A Look At Sweepstakes Casinos' Legal Issues In Fla., Beyond
Scheduled for trial in Florida federal court this fall, the VGW sweepstakes case underscores the growing urgency for gambling states to clarify and enforce their laws in response to emerging online gaming models, as the expansion of sweepstakes casinos challenges traditional interpretations of gambling regulations, say attorneys at Holland & Knight.
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3 Noteworthy Effects Of The 2025 NDAA
The 2025 defense budget includes further restrictions on semiconductor sales to Huawei, requiring companies to rethink customer-base oversight, but other provisions are likely to broaden procurement contract opportunities, say attorneys at Miles & Stockbridge.
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The Blueprint For A National Bitcoin Reserve
The new administration has the opportunity to pave the way for a U.S.-backed crypto reserve, which could conceptually function as a strategic asset akin to traditional reserves like gold markets, hedge against economic instability, and influence global crypto adoption, say attorneys at Duane Morris.
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Student Loan Entities In Hot Seat After CFPB Goes To College
While the direction of student loan servicer oversight in the new presidential administration is unclear, recent Consumer Financial Protection Bureau actions still signal heightened regulatory scrutiny at both the federal and state levels of college institutional loan programs, along with their service providers, says attorney Jonathan Joshua.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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Nixing NRC Oversight Of Small Reactors Could Cut Both Ways
A lawsuit in a Texas federal court aims to abolish the Nuclear Regulatory Commission's authority over small modular reactors, which the plaintiffs contend will unleash new and innovative technology — but the resulting patchwork of state regulations could increase costs for the nuclear industry, say attorneys at King & Spalding.