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December 10, 2024
Movie Producer Asks 11th Circ. To Revive Defamation Claim
A Hollywood movie producer urged the Eleventh Circuit on Tuesday to revive his defamation suit against The Hollywood Reporter over a story about a feud with another producer, but the appellate judges voiced skepticism about his argument that Florida law, and not California law, applies to the claim.
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December 10, 2024
9th Circ. OKs Dues Language In Allegiant Union Contract
Allegiant Air and a Transport Workers Union local can keep their victory over a challenge to the dues provision of their collective bargaining agreement, the Ninth Circuit ruled Tuesday, upholding a California federal judge's ruling that the provision's language is legal under the Railway Labor Act.
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December 10, 2024
Mountain West Calls Trans Athlete Suit Moot After Tournament
The Mountain West Conference wants the Tenth Circuit to end a bid to obtain a restraining order that would have prevented a San Jose State University transgender volleyball player from participating in a now-finished tournament, arguing the point is moot and the case should be tossed.
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December 10, 2024
$24.6B Kroger-Albertsons Merger Blocked By 2 Judges
Kroger's planned $24.6 billion purchase of Albertsons suffered double whammy blows Tuesday, first from an Oregon federal judge who temporarily blocked the deal in a Federal Trade Commission challenge, and then from a Washington state judge who sided with the state's attorney general and issued a permanent, national block.
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December 10, 2024
Calif. Tribe Can't Vacate Card Check Award, Judge Says
An arbitration award requiring UNITE HERE and a California tribe that owns a casino to follow a representation process with a card check procedure stands, a federal district court judge ruled, finding the arbitrator's decision was rational.
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December 10, 2024
NY Appealing Judge's Dismissal Of Plastic Pollution Suit
New York Attorney General Letitia James is appealing a harshly worded ruling that dismissed her suit against PepsiCo Inc. and its Frito-Lay subsidiary over plastic pollution on the Buffalo River.
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December 10, 2024
Biden Threatens To Veto Bipartisan Effort To Add Judgeships
The White House on Tuesday threatened to veto legislation that would increase the number of federal judgeships nationwide after the measure lost support among Democrats postelection.
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December 09, 2024
Calif. Floats Requiring Social Media Warning Labels
California Attorney General Rob Bonta on Monday introduced a bill that would require a "black box warning" to be displayed on social media platforms to remind users of the risks of prolonged social media use, citing research linking children's and teens' use to health harms like depression.
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December 09, 2024
Akin Gump 'Totally Messed Up' With Texts, Vaxart Judge Says
A California federal judge asked by Vaxart investors to impose sanctions over a hedge fund's deleted text messages in a case claiming Vaxart inflated its stock price with deceptive headlines about a COVID-19 vaccine said Monday that the fund's lawyers at Akin Gump "totally, totally messed up."
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December 09, 2024
Bill Aiding Not-So-Small Patent Applicants Advances
A federal measure that would allow patent applicants to avoid financial penalties for incorrectly seeking reduced fees for small applicants has made its way to President Joe Biden's desk.
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December 09, 2024
Blockchain Co. IP Fight With Investment Firm Teed Up For Trial
A California federal judge has said a jury should decide whether the investment firm Franklin Templeton misappropriated trade secrets of Blockchain Innovation LLC and breached its fiduciary duty and contract with the firm when it shut down a digital asset startup that Blockchain later acquired.
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December 09, 2024
9th Circ. Tosses Regal Cinemas' COVID Coverage Suit
Regal Cinemas cannot get coverage for its losses stemming from the COVID-19 pandemic, the Ninth Circuit ruled Monday, finding that a decision from New York's top court, along with a contamination exclusion, doomed any chance of coverage under the theater chain's policies with units of Allianz, Liberty Mutual and Zurich.
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December 09, 2024
Live Nation Denied Rehearing In 9th Circ. Arbitration Fight
The full Ninth Circuit has refused to reconsider an appellate panel's recent decision invalidating Live Nation and Ticketmaster's choice of a digital arbitration startup for consumer antitrust claims over allegedly exorbitant ticket prices.
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December 09, 2024
Apple Faces Another Suit Over Child Porn Detection Failures
Apple has been hit with another proposed class action by child abuse victims in California federal court alleging that the tech giant misled users about its efforts to combat the dissemination of child pornography and defectively designed its products, thereby allowing explicit imagery to run rampant on its iCloud and Apple devices.
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December 09, 2024
O'Melveny Faces DQ Effort In Hyundai TM Dispute
An attorney defending computing company Hyundai Technology in its trademark dispute with Hyundai Motor Co. told a California federal judge Monday that O'Melveny & Myers LLP should be disqualified from representing the automotive giant because it retained and used a privileged document that was inadvertently shared in discovery.
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December 09, 2024
Key House Dem Thinks Biden Will Veto Bill To Add Judges
The House is poised to vote on a bipartisan bill to add the much-sought additional judgeships, but President Joe Biden's support is in question.
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December 09, 2024
Tribal Court Wins Jurisdiction For 4th Time In COVID-19 Suit
The Ninth Circuit affirmed that Cabazon Reservation Court judges had jurisdiction over the Cabazon Band of Cahuilla Indians' suit seeking millions in COVID-19 pandemic loss coverage after its casino closed temporarily, despite an insurer's fourth attempt to evade the tribal court.
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December 09, 2024
EV Carmaker Lucid Wants To Shed More Of Inflated Biz Suit
Electric carmaker Lucid Group has asked a California federal judge to toss most of the latest version of a proposed investor class action alleging its production forecasts were misleading, arguing that parts of the suit that remained intact after a recent dismissal order involved statements taken out of context.
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December 09, 2024
'Broke, Half-Blind, Incontinent' Girardi Tries To Avoid Prison
As prosecutors seek a 14-year prison sentence for Tom Girardi, a disbarred lawyer convicted of embezzling millions of dollars from his clients, his defense team has urged a Los Angeles federal judge to spare Girardi from prison because the once-successful lawyer "no longer exists."
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December 09, 2024
UCLA Student Sues Doctors Over Transgender Misdiagnosis
A UCLA student has sued a group of doctors in Los Angeles state court, alleging she was misdiagnosed with gender dysphoria when she was 12 and rushed into taking puberty blockers and testosterone and having a mastectomy before she realized she wasn't transgender.
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December 09, 2024
Avenatti Can't Push Resentencing To June In Client Theft Case
A California federal judge plans to resentence Michael Avenatti within the next few months rather than June as Avenatti requested, following the Ninth Circuit's decision vacating Avenatti's original 14-year prison term for client theft, remarking Monday he didn't think a hearing was necessary to reevaluate loss calculations and attorney fees.
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December 09, 2024
BNSF Asks 9th Circ. To Upend Tribe's $400M Trespass Win
BNSF Railway Co. has argued the Ninth Circuit should reverse a lower court's finding that the company owes a Washington tribe nearly $400 million for years of illegally running oil cars across tribal territory, saying the "massive penalty" is excessive because it strips away lawfully earned profits.
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December 09, 2024
Woman Appeals Tax Court's Canadian Debt Ruling To 9th Circ.
A woman appealed to the Ninth Circuit a U.S. Tax Court decision that prevented her from challenging a federal tax lien issued by the Internal Revenue Service to secure her $200,000 tax debt to Canada on behalf of the Canadian government.
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December 09, 2024
Diddy Drama Pits Jay-Z, Quinn Emanuel Against Texas PI Firm
Shawn "Jay-Z" Carter on Monday denied raping a 13-year-old alongside indicted hip-hop mogul Sean "Diddy" Combs and identified himself as the purported victim of extortion by Texas personal injury attorney Tony Buzbee, days after Buzbee sued Jay-Z's law firm, Quinn Emanuel Urquhart & Sullivan LLP, for harassment in the escalating fight.
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December 09, 2024
Boies Schiller Adds 2 Litigators In New York, San Francisco
Boies Schiller Flexner LLP has hired two litigators for its New York and San Francisco offices, the firm announced Monday.
Expert Analysis
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A Look At 2024 NIL Rights And Economies In College Sports
Permutations in the arena of name, image and likeness affecting collegiate athletics have continued unabated this year, and practitioners and industry representatives should anticipate significant activity at schools and continuing legal changes at the state level, say attorneys at Pillsbury.
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Notable Q3 Updates In Insurance Class Actions
Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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Considering Chevron's End Through A State Tax Lens
States took the lead in encouraging Chevron's demise, turning away from Chevron-type deference in state tax administration ahead of the U.S. Supreme Court’s Loper Bright decision, a trend likely to accelerate as courts take a more active role in interpreting tax laws, say attorneys at Eversheds Sutherland.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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Comparing Antitrust Outlooks Amid Google Remedy Review
As the U.S. Justice Department mulls potential structural remedies after winning its recent case against Google, increased global scrutiny of Big Tech leaves ex post and ex ante antitrust approaches ripe for evaluation, say Nishant Chadha at the Indian School of Business and Manisha Goel at Pomona College.
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What FTC's 'Bitcoin ATM' Report Tells Us About Crypto Scams
The Federal Trade Commission's recent insights into bitcoin ATM scams highlight the technical evolution of fraudsters, the application of old scams to new technology, and the persistent financial impact on victims, say attorneys at DLA Piper.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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A Novel Expansion Of Alien Tort Statute In 9th Circ.
The Ninth Circuit's Doe v. Cisco rehearing denial allows a new invocation of the Alien Tort Statute to proceed, which could capture the U.S. Supreme Court's attention, and has potentially dramatic consequences for U.S. companies doing business with foreign governments, say attorneys at Ropes & Gray.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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A Look At The Increased Scrutiny Of Cash Sweep Programs
Financial industry regulators have increasingly probed the adequacy of so-called cash sweep disclosures and policies, underscoring the heightened risk faced by investment advisers and broker-dealers, as well as the importance of adequately disclosing material conflicts of interest, say attorneys at Dechert.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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Calif. Ruling Offers Hope For Mitigated Negative Declarations
In Upland Community First v. City of Upland, a California appeals court upheld a warehouse development's mitigated negative declaration over its greenhouse gas emissions thresholds — a rare victory against this type of challenge providing reassurance that such declarations can be upheld, say attorneys at Sheppard Mullin.