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February 10, 2025
Former Palm GC's Racial Bias Claim Should End, Judge Says
A New York federal judge has recommended dismissing a race discrimination claim brought by an ex-general counsel for The Palm steakhouse chain's owner while allowing her retaliation and breach of contract claims to proceed to arbitration, concluding that the company's onetime top lawyer had not shown the restaurant had "discriminatory intent."
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February 10, 2025
Little Caesars Cheated Workers Out Of OT, Suit Claims
Pizza chain Little Caesars didn't pay workers for the time they spent responding to texts and phone calls outside their scheduled shifts, a former co-manager said in a proposed class and collective action filed in Michigan federal court on Monday.
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February 10, 2025
Chubb Wants Depo Of Smithfield Foods CLO In Coverage Row
A Chubb unit facing coverage claims from Smithfield Foods Inc. asked the North Carolina Business Court to let it depose the company's chief legal officer before the parties' upcoming April trial even though discovery for the case has ended.
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February 07, 2025
9th Circ. Judge Doubts Justices' FLSA Test Fits Cracker Barrel
A Ninth Circuit judge was skeptical Friday of Cracker Barrel's bid to upend an order granting servers collective status based on the U.S. Supreme Court's recent ruling that Fair Labor Standards Act exemptions don't warrant heightened evidence standards, telling counsel the justices' conclusion "doesn't seem like a tight fit" for this case.
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February 07, 2025
Kroger Chain Says Strike Is Bid To Force 'Multi-Union' Talks
The Kroger-owned grocery chain King Soopers sued the union representing Colorado workers on Friday in federal court, alleging strikes at King Soopers stores in the state are a pressure tactic to "force multi-union bargaining" on the company and other employers.
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February 07, 2025
John Deere Tractor Rivals Seek Info Safeguards In FTC Case
A trio of tractor manufacturers asked an Illinois federal judge Friday to impose stringent safeguards for sensitive business information they turned over to the Federal Trade Commission in the run-up to its right-to-repair lawsuit against their "primary competitor," John Deere.
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February 07, 2025
Texas Wants 3M, Dupont 'Forever Chemical' Suit In State Court
Texas has asked a federal judge to send its litigation against 3M, DuPont and others over so-called forever chemicals back to state court, writing that the companies are misguided in their "desperate" attempt to send the case to federal court.
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February 07, 2025
Project Foes Face Suit Over Pittsburgh Gay Bar Historic Filing
A developer and the estate for the former owner of a landmark Pittsburgh gay bar have sued two residents of the city's Polish Hill neighborhood, claiming they moved to deem the property historic as a ploy to frustrate plans for a market-rate housing project at the site.
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February 07, 2025
Excess Insurer Says $50M Bad Wine Claims Not Covered
An excess insurer told a Washington federal court that it should not have to contribute to a settlement after an underlying lawsuit asserted more than $50 million in claims against a vineyard for allegedly damaging over 300,000 cases of wine, because there was no coverage.
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February 07, 2025
Del.'s Quiet Ambition To Tweak Chancery, Stem Feared DExit
Anxious over claims that stockholder-tilted decisions by Delaware's Court of Chancery will trigger more companies to follow Tesla, SpaceX, Meta and Dropbox to other states, Delaware policymakers are taking a hard look at the venerable business court's processes, hoping to slow a feared rush to DExit.
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February 07, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen Investec Bank PLC sue two diamond tycoons, London florist Nikki Tibbles file a claim against an "imitator company," a direct descendant of the Cartier family launch a claim, and a Coronation Street actor hit footballer Joe Bunney with a defamation claim. Here, Law360 looks at these and other new claims in the U.K.
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February 06, 2025
Wash. Tribe Can't Open 50-Year-Old Fishing Rights Dispute
The Sauk-Suiattle Indian Tribe cannot open a new subproceeding in a 50-year-old case about tribal fishing rights, a Washington federal judge has ruled, finding that the tribe's request is "dead on arrival."
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February 06, 2025
Tom's 'Natural' Kids Toothpaste Has Lead, Arsenic, Dad Says
Tom's of Maine and its parent company Colgate-Palmolive have "egregiously" failed to disclose that its "Silly Strawberry" children's toothpaste has dangerous levels of lead and arsenic, a New York dad alleged in a proposed false advertising class action filed Thursday in New York federal court.
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February 06, 2025
Atlanta Can't Dodge Suit Over Foiled Starbucks Development
The City of Atlanta can't dodge allegations from a property owner that it illegally condemned a disused fast food joint, and in doing so foiled his plans to redevelop the land into a Starbucks coffee shop, a Georgia federal judge said Thursday.
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February 06, 2025
Illinois Judge Extends Hold On Swipe Fee Law To More Banks
An Illinois federal judge on Thursday expanded a preliminary injunction against Illinois' controversial swipe fee law, adding out-of-state banks to the list of financial institutions shielded from having to comply with the law when it takes effect later this year, while declining to add federal credit unions to the list.
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February 06, 2025
EIP Grows US Team With 2 Pranger Law Attys
Global intellectual property firm EIP said Wednesday it has hired two attorneys from Pranger Law PC, including the head of its patent prosecution team.
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February 06, 2025
Abbott Tells Judge To Keep Formula Cases In Federal Court
Abbott Laboratories urged an Illinois federal judge on Thursday to keep six previously remanded lawsuits over allegedly harmful preterm baby formula in federal court after local hospitals' dismissal prompted their second removal, arguing the hospitals were only in the suits to avoid federal jurisdiction.
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February 06, 2025
Papa John's Franchisee Fails To Pay All Wages, Worker Says
A Papa John's franchise owner failed to properly pay workers minimum wage and overtime pay and did not provide workers with meal and rest periods, according to a lawsuit filed in California state court.
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February 06, 2025
Democrats Press Trump's USTR Pick On Tariff Approach
Senate Finance Committee Democrats pressed President Donald Trump's pick for U.S. Trade Representative on Thursday over Trump's universal tariff proposal and the 25% across-the-board tariffs on Canadian and Mexican imports, suspended for one month, arguing that constituents are facing consequences.
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February 06, 2025
Ex-Worker Hits Pot Giant Cresco With Wrongful Firing Suit
A former kitchen agent for Cresco Labs LLC is suing the cannabis giant in Illinois federal court, alleging she was wrongly fired after a workplace injury and was not afforded time off as required under the Family and Medical Leave Act.
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February 06, 2025
Fla. Judge Beats Bias Challenge In Presiding Over CBD Suit
A Florida federal judge on Thursday rejected an objection by former franchisee for CBD company American Shaman Franchise System LLC to a magistrate judge's decision not to recuse herself from his breach of contract case.
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February 06, 2025
Farm Can't Unravel $2.5M Severed-Foot Verdict, 4th Circ. Told
A North Carolina farmworker who lost his foot in an auger accident and won $2.5 million at trial said he gave the Fourth Circuit a reliable recitation of the case in his opening brief, arguing his former employer is "picking apart" his statement in a "misguided attempt to discredit" him and have the verdict thrown out.
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February 06, 2025
Meta Eyes Texas Skies, Another Crypto IPO, And More Rumors
Facebook owner Meta Platforms Inc. is considering relocating its legal residence to Texas, while cryptocurrency exchange Bullish is moving forward on an initial public offering, and Unilever PLC is eyeing New York as a listing destination for its ice cream business.
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February 05, 2025
Trump's Immigration Agenda Could Gut Key Workforces
Immigration raids are threatening harsh consequences for industries that rely heavily on immigrant labor, with economic losses being compared to recession levels if workers are swept up in the raids or don’t show up to work for fear of getting deported.
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February 05, 2025
DOL Scores Partial Win In Farmworker Union Wage Rate Fight
A Washington federal judge has granted the U.S. Department of Labor a partial win in a farmworker union's challenge to federal policies that have allegedly depressed farmworker wages, concluding that some claims challenge DOL actions that aren't final agency actions.
Expert Analysis
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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Takeaways From FDA's Updated Confirmatory Trial Guidance
The U.S. Food and Drug Administration's latest draft guidance about accelerated drug approval indicates the FDA's intent to address the significant lag time between accelerated approval and full approval of drugs and may help motivate the industry to complete confirmatory trials, say attorneys at Sheppard Mullin.
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Key Trends In PFAS Regulation And Litigation For 2025
The critical policy milestones for per- and polyfluoroalkyl substances expected in 2025 will not only shape the trajectory of PFAS regulation, but also set key precedents for environmental accountability, potentially reshaping the corporate approach to these "forever chemicals" for decades to come, say attorneys at MG+M.
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The Most Important Schedule I Drug Regulatory Shifts Of 2024
In 2024, psychedelics and cannabis emerged as focal points in medical research, marking a pivotal year in their legal and regulatory journey, but these developments presented both opportunities and challenges within this evolving field, say Kimberly Chew at Husch Blackwell and Stephen Kim at Avicanna.
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UPS Penalty Demonstrates Goodwill Impairment Red Flags
The U.S. Securities and Exchange Commission's recent $45 million penalty against UPS for withholding reports of goodwill impairment should warn investors to watch for the telltale signs of companies inflating their worth by delaying tests that would reveal similar declines in the value of intangible assets, say attorneys at Labaton Keller.
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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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7 Employment Contracts Issues Facing DOL Scrutiny
A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.
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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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The Fed. Circ. In 2024: 5 Major Rulings To Know
In 2024, the Federal Circuit provided a number of important clarifications to distinct areas of patent law – including design patent obviousness, expert testimony admissions and patent term adjustments – all of which are poised to have an influence going forward, say attorneys at Knobbe Martens.
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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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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Looking Back At 2024's Noteworthy State AG Litigation
State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 Advertising Law Trends To Watch In 2025
Although advertisers are encouraged by the incoming Trump administration's focus on deregulation, this year could feel like wading through uncharted waters, and decreased federal government regulation may mean increased state regulation, say attorneys at Reed Smith.