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October 10, 2024
Live Nation Loses COVID-19 Physical Loss Insurance Claims
A California federal judge has tossed Live Nation's claims in a lawsuit seeking coverage from Factory Mutual for physical loss or damage stemming from the coronavirus pandemic, holding that a recent ruling by California's highest court thwarted the entertainment giant's argument that the presence of COVID-19 made its property unsafe or unusable.
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October 10, 2024
Mich. Justice Asks If Disney Fight Harms Multistate Collabs
Michigan's chief justice asked Thursday whether allowing Disney and the owner of IHOP to retain unclaimed property, which state officials say they should get after an audit, could hamper Michigan's ability to participate in multistate audits that yield hundreds of millions of dollars for the state.
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October 09, 2024
11th Circ. Told Fla. Venue Can't Show Injury In Drag Show Law
Florida told the Eleventh Circuit on Wednesday that it should be allowed to implement a law prohibiting children from attending drag shows, arguing that an Orlando bar that sued to stop the law's enforcement hasn't met its burden showing an injury traceable to the state.
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October 09, 2024
Turkey Buyers Cite DOJ's Intervention In Pork Case
Meat buyers pursuing an antitrust class action against the biggest names in the turkey industry are pointing to the U.S. Department of Justice's recent filing in a separate pork purchasers suit to support their class certification motion.
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October 09, 2024
Marriott Inks $52M Deal With States Over Guest Data Breach
Marriott International Inc. has agreed to pay $52 million to nearly every U.S. state and bolster its data security practices to resolve parallel investigations by state attorneys general and the Federal Trade Commission over a massive data breach at the hotel's Starwood-branded properties.
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October 08, 2024
Genting Unit Used Bahamas Resort To Hide Fraud, Suit Says
A Bahamanian real estate development company on Monday sued a U.S. company organized under destination resorts and casino giant Genting Group, saying in a Florida federal complaint that the Genting company used a resorts in the Bahamas as a "financial wasteland" that obscured fraudulent activities.
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October 08, 2024
Philly Foster Agency Will Pay $9M To End Trafficking Case
A woman who was sexually abused and sold into prostitution as a girl by her foster mother's son has settled her case with an agency responsible for her welfare for $9.38 million, partially funded by a previous $24 million settlement from a Philadelphia Days Inn where the trafficking was said to occur, her lawyers said Tuesday.
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October 08, 2024
Live Nation Shooting Case Stays In Seattle, Judge Says
Seattle will remain the venue for a lawsuit seeking to hold Live Nation Entertainment Inc. liable for fatal shootings at the Gorge Amphitheatre in rural Grant County, Washington, after a state court judge rejected the live music promoter's assertion that potential jurors were tainted by negative media coverage in the state's largest metro area.
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October 08, 2024
3rd Circ. Won't Rehear Pa., NJ Businesses' Virus Loss Suits
The Third Circuit declined to rehear consolidated pandemic-related loss coverage disputes brought by New Jersey and Pennsylvania businesses, according to an order issued Tuesday, upholding its decision that the businesses' insurers didn't owe coverage for the claimed losses.
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October 07, 2024
McDonald's Accuses Big Beef Of Price-Fixing
McDonald's Corp. sued Cargill, JBS, National Beef Packing Co., Swift Beef Co., Tyson and several subsidiaries in New York federal court Friday, accusing the major meat processing and packing companies of conspiring to fix beef prices, resulting in higher costs for the fast food behemoth.
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October 07, 2024
Tribe's 'No Regret' Gaming Ads Misleading, Fla. Residents Say
Ads from the gaming vendor of the Seminole Tribe of Florida promising to give bettors as much as $100 back if they lose their first wager is false, deceptive, misleading and unfair marketing that violates state law, despite the tribe's claims of sovereign immunity, according to an updated proposed class action in federal court.
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October 07, 2024
Mich. Supreme Court Snapshot: Insulin Prices, Disney Audit
The Michigan Supreme Court's first oral argument session of the 2024-25 term promises to be a busy one, involving an investigation into Eli Lilly's insulin prices with big implications for the scope of Michigan's consumer protection law and Disney's appeal of an order to turn over decades-old uncashed checks to the state treasurer.
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October 07, 2024
Title Co. Denied Early Win In $13M Hotel Investment Fight
A California federal judge declined to grant a title company an early win in a lawsuit brought by an investor accusing it of improperly releasing the investor's $13 million contribution to a 17-hotel deal, finding that a dispute remained over multiple factual issues.
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October 07, 2024
Panera Settles 'Charged Lemonade' Death Case Days Before Trial
Panera Bread has reached a confidential settlement in a wrongful death suit lodged by the parents of a University of Pennsylvania student who died after drinking the bakery café chain's now-discontinued Charged Lemonade, counsel for the parents told Law360 on Monday.
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October 07, 2024
Justices Reject Hotel's Challenge To Anti-Union Bias Ruling
The U.S. Supreme Court declined Monday to review a Ninth Circuit ruling that said the National Labor Relations Board relied on ample evidence when it found a Los Angeles hotel used a renovation as cover to ditch its workers' union.
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October 07, 2024
Justices Turn Down Pa. Ex-Museum Worker's Retaliation Suit
The U.S. Supreme Court on Monday declined to consider whether a former employee of the Frick Art and Historical Center in Pittsburgh had proved he was fired in retaliation for requesting accommodation for an injury.
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October 04, 2024
Top 5 Supreme Court Cases To Watch This Fall
The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.
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October 04, 2024
Chancery OKs Settlement, $3.5M Fee In PE Squeeze Suit
Pointing to a derivative suit settlement that "effectively unwinds the harm" from deeply conflicted private equity financings extended to a struggling trampoline park chain during the COVID-19 pandemic, a Delaware vice chancellor on Friday approved both the deal and a $3.5 million fee for plaintiff attorneys.
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October 04, 2024
Antitrust Groups Ask 9th Circ. To Revive Price-Fixing Suit
Three antitrust advocacy groups asked the Ninth Circuit to resuscitate a proposed class action accusing several hotel operators and two software companies in Nevada federal court of engaging in a price-fixing scheme involving algorithmic software.
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October 03, 2024
Masseuse's Claim Must Be Arbitrated, Cruise Line Says
Norwegian Cruise Line told a Florida federal court on Wednesday that a former masseuse on board one of its ships must arbitrate her negligence claim after she was allegedly deprived of prompt and adequate medical care, even though the company didn't sign an underlying arbitration agreement.
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October 03, 2024
12 Lawyers Who Are The Future Of The Supreme Court Bar
One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.
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October 03, 2024
Illinois Golf Course Co. Hit With Additional Data Breach Suits
An Illinois-based golf course and hospitality management business faces mounting legal troubles over a data breach earlier this year, with two additional federal lawsuits filed this week.
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October 01, 2024
Feds Escape Claims In Okla. Tribe's Casino Land Row
An Oklahoma federal judge has tossed several Comanche Nation claims against the U.S. Department of the Interior in a suit seeking to shut down a rival casino the tribe says is on its historical reservation, ruling that the venue may continue operations during litigation.
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October 01, 2024
NJ Hotels Beat Room Price-Fixing Suit For Good
Another algorithmic antitrust suit is off the table after a New Jersey federal judge said Monday that a room-rate proposed class action against Atlantic City casino-hotels has the same failings that doomed a case over room prices on the Las Vegas Strip.
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October 01, 2024
Crowne Plaza Gets Out Of Ohio Sex Trafficking Liability Suit
An Ohio federal magistrate judge released Crowne Plaza LLC from an anonymous plaintiff's lawsuit seeking to hold lodging entities liable for sex trafficking injuries, after the survivor said the hotel chain's presence in the case "adds nothing" to her chances of winning damages.
Expert Analysis
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.
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DOJ Paths To Limit FARA Fallout From Wynn's DC Circ. Win
After the D.C. Circuit’s recent Attorney General v. Wynn ruling, holding that the government cannot compel retroactive registration under the Foreign Agents Registration Act, the U.S. Department of Justice has a few options to limit the decision’s impact on enforcement, say attorneys at MoFo.
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Series
Playing Dungeons & Dragons Makes Me A Better Lawyer
Playing Dungeons & Dragons – a tabletop role-playing game – helped pave the way for my legal career by providing me with foundational skills such as persuasion and team building, says Derrick Carman at Robins Kaplan.
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3 Leadership Practices For A More Supportive Firm Culture
Traditional leadership styles frequently amplify the inherent pressures of legal work, but a few simple, time-neutral strategies can strengthen the skills and confidence of employees and foster a more collaborative culture, while supporting individual growth and contribution to organizational goals, says Benjamin Grimes at BKG Leadership.
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E-Discovery Quarterly: Rulings On Hyperlinked Documents
Recent rulings show that counsel should engage in early discussions with clients regarding the potential of hyperlinked documents in electronically stored information, which will allow for more deliberate negotiation of any agreements regarding the scope of discovery, say attorneys at Sidley.
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Loper Bright Limits Federal Agencies' Ability To Alter Course
The U.S. Supreme Court's recent decision to dismantle Chevron deference also effectively overrules its 2005 decision in National Cable & Telecommunications Association v. Brand X, greatly diminishing agencies' ability to change regulatory course from one administration to the next, says Steven Gordon at Holland & Knight.
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Series
Teaching Scuba Diving Makes Me A Better Lawyer
As a master scuba instructor, I’ve learned how to prepare for the unexpected, overcome fears and practice patience, and each of these skills – among the many others I’ve developed – has profoundly enhanced my work as a lawyer, says Ron Raether at Troutman Pepper.
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Lawyers Can Take Action To Honor The Voting Rights Act
As the Voting Rights Act reaches its 59th anniversary Tuesday, it must urgently be reinforced against recent efforts to dismantle voter protections, and lawyers can pitch in immediately by volunteering and taking on pro bono work to directly help safeguard the right to vote, says Anna Chu at We The Action.
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Drip Pricing Exemption Isn't A Free Pass For Calif. Eateries
A new exemption relieves California bars and restaurants from the recently effective law banning prices that don't reflect mandatory fees and charges — but such establishments aren't entirely off the hook for drip pricing, due to uncertainty over disclosure requirements and pending federal junk fee regulations, say Alexandria Ruiz and Amy Lally at Sidley.
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How To Grow Marketing, Biz Dev Teams In A Tight Market
Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.
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Series
Rock Climbing Makes Me A Better Lawyer
Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.
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Think Like A Lawyer: Dance The Legal Standard Two-Step
From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.
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Series
Being A Luthier Makes Me A Better Lawyer
When I’m not working as an appellate lawyer, I spend my spare time building guitars — a craft known as luthiery — which has helped to enhance the discipline, patience and resilience needed to write better briefs, says Rob Carty at Nichols Brar.
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Lead Like 'Ted Lasso' By Embracing Cognitive Diversity
The Apple TV+ series “Ted Lasso” aptly illustrates how embracing cognitive diversity can be a winning strategy for teams, providing a useful lesson for law firms, which can benefit significantly from fresh, diverse perspectives and collaborative problem-solving, says Paul Manuele at PR Manuele Consulting.