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February 28, 2025
Trump Still Isn't Obeying Order To Free FEMA Funds, AGs Say
The Trump administration still has not restored millions of dollars in Federal Emergency Management Agency funds as part of a temporary restraining order barring a freeze on funding for federal grant and aid programs, a coalition of states told a Rhode Island federal judge Friday, asking the court to enforce its order.
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February 28, 2025
Sterilization Plant Head 'Shocked' By EPA Cancer Risk Report
The former manager of a Colorado medical sterilization plant testified Friday that he was "shocked" by a 2018 Environmental Protection Agency report that identified the area around the facility as having an increased cancer risk, telling a jury that no regulatory agency until that point had informed him a sterilization chemical might be a risk to the community.
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February 28, 2025
Trump Can't 'Erase' Trans People Via Order, Wash. Judge Says
A Washington federal judge late Friday blocked parts of two of President Donald Trump's executive orders that cut off funding for gender-affirming care for young people, ruling that they violate the Constitution's separation of powers and equal protection guarantees.
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February 28, 2025
Trafficking Claims Against Marriott Should Go On, Judge Says
A Colorado federal judge said Thursday that a Mexican national has plausibly alleged Marriott engaged in a bait-and-switch scheme at its St. Regis Hotel in Aspen to procure his labor under false pretenses, recommending that half of his claims proceed in the litigation.
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February 28, 2025
Real Estate Recap: Gov't Lease Limbo, AI Upset, Profiteering
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into federal lease upheaval, the impact of AI efficiency on data centers and price-gouging in the aftermath of the Los Angeles wildfires.
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February 28, 2025
Judge Stays Mountain West Exit-Fee Suit For Settlement Talks
A Denver judge on Friday paused an antitrust case from three universities against the Mountain West Conference over its exit fees, after the parties indicated they were in talks to possibly resolve the lawsuit.
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February 28, 2025
Off The Bench: Trans Ban Recusal Bid, Wemby Spat, Fox Suit
In this week's Off The Bench, a Colorado federal judge won't recuse himself from a case centering on a transgender athlete over his pronoun use, the sale of a high-profile Victor Wembanyama jersey will go forward despite feverish litigation and a sprawling harassment suit against Fox Sports is shuffled from federal to state court.
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February 28, 2025
Colo. Corrections Dept. Says No Pay Needed For On-Call Time
A collective action accusing the Colorado Department of Corrections of failing to pay criminal investigators for time they spent on call should be thrown out, the department told a federal court, saying the workers weren't barred from doing personal activities during this time and thus aren't owed any extra wages.
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February 28, 2025
Greenberg Traurig Adds Former Flag Football League Exec
Greenberg Traurig LLP has hired an attorney with experience as a high-level executive for a sports league and teams, including the American Flag Football League and the Houston Roughnecks, now of the United Football League, to expand its sports law practice.
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February 28, 2025
GOP Rep. Reintroduces The JUDGES Act
The chair of the House Judiciary Committee's courts panel has reintroduced a bill to create 66 new and temporary federal judgeships, which former President Joe Biden vetoed at the end of last year.
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February 27, 2025
States Say DOD Transgender Ban Puts Public Safety At Risk
Twenty-one states on Wednesday threw their support behind transgender service members and human rights organizations challenging the Trump administration's executive order banning transgender people from serving in the military, arguing that it will harm their efforts to protect their communities.
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February 27, 2025
Don't Fault Sterilization Co. For What It Didn't Know, Jury Told
A sterilization company's expert told a Colorado state jury Thursday that the company can't be held responsible for not using pollution controls that didn't yet exist, arguing the company has always reasonably controlled emissions of a toxic sterilization chemical based on what was known at the time.
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February 27, 2025
DOJ Tells DC Circ. To Keep Apple Out Of Google Case
The U.S. Department of Justice is urging the D.C. Circuit to keep Apple out of its remedies case against Google, arguing that Apple "sat on its hands" for years despite knowing from the outset of the litigation that its default search agreement with Google was at stake.
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February 27, 2025
Trump Admin Asks 1st Circ. To Let It Enforce Birthright Ban
President Donald Trump's administration on Thursday asked the First Circuit to let it begin enforcing its executive order restricting birthright citizenship while it appeals a Massachusetts federal judge's preliminary injunction.
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February 27, 2025
Colo. Justice Warns Attys Not To Dodge Tough Questions
A Colorado Supreme Court justice told lawyers Wednesday not to pivot after being asked a question during oral arguments, saying justices can sense a lawyer is avoiding a topic and will go after it with a "great, invisible hook."
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February 26, 2025
Lindell Says Defamation Jury Should See 118-Page Attack Doc
My Pillow Inc. CEO Mike Lindell has urged a Colorado federal court to admit a highly critical 118-page opinion document into former Dominion Voting Systems executive Eric Coomer's upcoming defamation trial, though Coomer has called the document "hearsay within hearsay."
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February 26, 2025
Colo. Panel Presses Plaintiff On Apparent Litigation Flip-Flop
A Colorado state appeals court judge asked a personal injury plaintiff on Wednesday how he can argue that a telecommunications company isn't a landowner under a recreational statute when he seemingly made the opposite argument earlier in the litigation.
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February 26, 2025
Frontier Airlines Rips Feds' DC Airport Slots Snub
Frontier Airlines Inc. has told the D.C. Circuit that the U.S. Department of Transportation unlawfully excluded it from competing for new slot exemptions at Ronald Reagan National Airport to operate long-distance flights, while carrier Spirit Airlines wants to have a say in the dispute.
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February 26, 2025
CBD Co. Sues Rivals Over Topical Treatment Patents
CBD product maker Metronome LLC on Wednesday filed three complaints against competitors in Colorado and Wisconsin, alleging that the other companies' products infringe their patents for topical treatments that use cannabis derivatives.
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February 26, 2025
DOJ Says RealPage Can't Ditch Antitrust Claims
The U.S. Department of Justice and a group of states are urging a North Carolina federal judge to reject a move by RealPage Inc. and a group of landlords to escape claims that use of the company's software paves the way for collusion on setting rental prices.
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February 26, 2025
Trump Can't Enact Birthright Citizenship Order During Appeal
A Massachusetts federal judge on Wednesday left in place a block on President Donald Trump's would-be order restricting birthright citizenship, rejecting a bid by the administration to implement the executive action while it appeals the matter to the First Circuit.
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February 26, 2025
Supreme Court Backs Broad View Of Lawsuit Revival Rule
Despite fears of "litigation gamesmanship," the U.S. Supreme Court held Wednesday that cases dismissed voluntarily can later be eligible for special judicial relief and reopening, even if a statute of limitations would typically block the lawsuit.
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February 25, 2025
Wage-Fixing Jury Should Hear Of DOJ Pivot, Exec Says
A nursing executive headed for trial next month on wage-fixing charges has urged a Nevada federal judge to let the jury hear that before 2016 the Justice Department didn't view such conduct as criminal, in the lone remaining test of the DOJ's labor antitrust enforcement initiative.
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February 25, 2025
Trump Says Transgender Order Shields Kids From Danger
President Donald Trump's administration said Tuesday that Washington, Colorado and two other states can't block his executive orders targeting transgender people and federal funding for gender-affirming care, because the president has the power to protect children from "potentially dangerous, ineffective" treatments.
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February 25, 2025
Sterilization Co. Can't Pin Cancer On Genetics, Jury Told
A Colorado woman who alleged toxic emissions from a medical sterilization plant caused her breast cancer testified Tuesday in state court that her family's cancer history was not as extensive as she originally believed, as a lawyer for the company pressed her on genetics and other factors that could increase her cancer risk.
Expert Analysis
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Contract Disputes Recap: Perils Of Perfunctory Interpretation
Attorneys at Seyfarth examine three recent decisions in which the Armed Services Board of Contract Appeals, the Civilian Board of Contract Appeals and the Federal Circuit ruthlessly dismantled arguments that rely on superficial understandings of different contract terms.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Post-Election Implications For The EPA's Methane Rules
Amid the U.S. Supreme Court's recent denial of requests to halt implementation of the U.S. Environmental Protection Agency's methane rule in two suits, and given the outcome of the election, a complete reversal of the methane rule is expected, but state-level policymaking and enforcement will continue, says John Watson at Spencer Fane.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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Opinion
Feds May Have Overstepped In Suit Against Mortgage Lender
The U.S. Department of Justice's lawsuit against Rocket Mortgage goes too far in attempting to combat racial bias and appears to fail on the fatal flaw that mortgage lenders should be at arm's length from appraisers, says Drew Ketterer at Ketterer & Ketterer.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Expect More State-Level Scrutiny Of Noncompetes Ahead
Despite the nationwide injunction against the Federal Trade Commission’s noncompete ban, and the incoming Republican administration, employers should anticipate that state legislatures will continue to focus on laws that limit or ban noncompetes, including those that target certain salary thresholds or industries, says Benjamin Fryer at FordHarrison.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Takeaways From State Votes On Abortion In The 2024 Election
Attorneys at Epstein Becker discuss how 10 states voted on ballot initiatives to either protect or restrict access to abortion in the 2024 general election, and analyze overarching trends.
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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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Destination Skiing And The DOJ's Mountain Merger Challenge
Attorneys at Robins Kaplan consider what the U.S. Department of Justice's second request for information portends for Alterra's acquisition of Colorado's Arapahoe Basin ski area, exploring the potential consequences for market definition, industry consolidation and the transformation of the lift ticket market.
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Patent Marking Steps After Fed. Circ. Opens Lanham Act Door
Following the Federal Circuit’s recent ruling in Crocs v. Effervescent, which seemingly revives private actors’ ability to bring false patent marking claims under the Lanham Act, marketing and legal teams should be careful to avoid advertisement language that implies nonexistent patent rights, says Jeffrey Ratinoff at Spencer Fane.