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July 12, 2024
Delta Slams Flyers' Facebook Data Sharing Class Action
Delta Air Lines has asked a California federal judge to dump a proposed class action alleging it unlawfully shared customers' sensitive personal data with Meta's Facebook through online tracking tools embedded in its website, saying its contract of carriage clearly discloses its digital advertising practices.
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July 12, 2024
Pa. Drive-In Dinged For Sleepovers In No-Campground Zone
A Pennsylvania drive-in movie theater's "overnight passes" for guests to stay after a late-night showing or for multiple days of a movie marathon effectively made the theater into a campground and ran afoul of township zoning ordinances, a state appellate court ruled Friday.
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July 12, 2024
Biggest Colorado Decisions Of 2024: A Midyear Report
The U.S. Supreme Court's quick reversal of Colorado justices' decision removing former President Donald Trump from the state's ballots and a Boulder County judge's ruling clearing the way for landmark climate litigation about major oil companies rank among the most important decisions affecting Colorado so far this year.
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July 12, 2024
Conn. Landlord Loses COVID-Era Lease Fight With Eatery
A Connecticut landlord did not tender an "unequivocal ultimatum" booting an eatery from a parcel of property, an appellate panel ruled Friday, finding that since the landlord vacillated between kicking the tenant off its Wallingford land and accepting payments, a 2020 eviction notice had no effect.
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July 12, 2024
Feds Seek 2 Years For Mass. Atty In Campaign Finance Scam
Boston federal prosecutors want a former BigLaw attorney to serve two years in prison for his conviction for a raft of campaign finance violations tied to his 2018 run for an open congressional seat in Massachusetts.
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July 11, 2024
Ah, Geez! Fox Sues Pop-Up For Copying 'The Simpsons' Pub
Twentieth Century Fox Film Corp. slapped a Philadelphia special event company with a federal lawsuit Thursday claiming infringement of intellectual property rights it holds in "The Simpsons" animated series and movie, saying JMC Pop Ups is creating unauthorized replicas of Moe's Tavern from the popular show.
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July 11, 2024
Disney Beats Suit Over Post-Pandemic Park Pass Restrictions
A Florida federal judge Thursday tossed a lawsuit accusing Disney World of cheating customers who held pricey "Platinum" passes for its Sunshine State parks by imposing new restrictions on their use after the pandemic hit, saying the two women who sued could have canceled their passes and received a refund.
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July 11, 2024
All Grand Jury Witnesses Get Civil Immunity, Colo. Panel Says
A Colorado state appeals court held for the first time Thursday that all types of grand jury witnesses have absolute immunity for their testimony, though they don't have sweeping protection for statements made before the proceedings start.
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July 11, 2024
Attys Say Milberg Must Pay For Fraud In Visa, Mastercard MDL
Class counsel representing plaintiffs in long-running multidistrict litigation accusing Visa and Mastercard of charging improper merchant fees have called for sanctions against Milberg Coleman Bryson Phillips Grossman LLC, laying out arguments for a fee reimbursement after the firm admitted to mistakenly registering fraudulent clients.
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July 11, 2024
Celebrity Cruises Settles Suit Over Ship Morgue Failure
The family of a man who died aboard a Celebrity Cruises ship and whose body decomposed after being stored in an ill-equipped cooler told a Florida federal court Wednesday that they had settled their dispute with the cruise line, just days before the case was set to go to trial.
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July 11, 2024
Chancery Orders Invictus Fund Sides To Provide Case Update
Pointing to hints of clarity in a distressed credit and special-situations fund's murky, 9-month-old battle for documents and cash held by its general partner and investment manager, a Delaware vice chancellor on Thursday ordered the two sides to produce a case update by Tuesday.
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July 11, 2024
Cruise Ship Co. Sanctioned With Fees In Sexual Assault Suit
Carnival Corp. will have to pay fees related to a discovery dispute stemming from a $10.2 million sexual assault personal injury lawsuit, a Florida federal judge has ruled in a sanctions order, finding that the cruise company must pay a portion of the legal bills of a female passenger after "clear" discovery violations occurred.
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July 09, 2024
Chancery OKs $22M Golden Nugget Deal, Trims Fee To $4M
Former stockholders of Golden Nugget Online Gaming Inc. who challenged the venture's $1.56 billion all-stock sale in May 2022 to DraftKings Inc. got approval Tuesday to settle their Delaware Chancery Court class action for $22 million cash, with $4 million of it going to class attorneys.
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July 08, 2024
Migrants Want Another Try In Martha's Vineyard Flight Suit
Several migrants who claim they were tricked into boarding flights to Martha's Vineyard have asked a Massachusetts federal judge to let them file an amended suit in an effort to cure the jurisdictional issues that doomed the initial complaint in March.
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July 08, 2024
Celebrity Cruises Morgue Cooler Breakdown Suit Advances
A Florida federal judge on Monday denied a bid by Celebrity Cruises Inc. to prevail in a suit alleging that it mishandled the body of a passenger who died during a cruise, saying there's a dispute about when the cruise line should have known that its morgue cooler had malfunctioned.
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July 05, 2024
Miss. Casino Aims To Void Cherokee Ark. Gaming License
A Mississippi casino is asking a judge to void an Arkansas gaming license issued to Cherokee Nation Entertainment, arguing a county judge and other legislative officials were coerced into offering support for its casino proposal through an economic development agreement that forced them to back only one applicant.
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July 05, 2024
How Reshaped Circuit Courts Are Faring At The High Court
Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.
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July 05, 2024
Breaking Down The Vote: The High Court Term In Review
The U.S. Supreme Court's lethargic pace of decision-making this term left the justices to issue a slew of highly anticipated and controversial rulings during the term's final week — rulings that put the court's ideological divisions on vivid display. Here, Law360 takes a data dive into the numbers behind this court term.
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July 05, 2024
High Court Flexes Muscle To Limit Administrative State
The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.
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July 05, 2024
The Sharpest Dissents From The Supreme Court Term
The U.S. Supreme Court's session ended with a series of blockbuster cases that granted the president broad immunity, changed federal gun policy and kneecapped administrative agencies. And many of the biggest decisions fell along partisan lines.
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July 05, 2024
5 Moments That Shaped The Supreme Court's Jan. 6 Decision
When the high court limited the scope of a federal obstruction statute used to charge hundreds of rioters who stormed the Capitol, the justices did not vote along ideological lines. In a year marked by 6-3 splits, what accounts for the departure? Here are some moments from oral arguments that may have swayed the justices.
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July 05, 2024
The Funniest Moments Of The Supreme Court's Term
In a U.S. Supreme Court term teeming with serious showdowns, the august air at oral arguments filled with laughter after an attorney mentioned her plastic surgeon and a justice seemed to diss his colleagues, to cite just two of the term's mirthful moments. Here, we look at the funniest moments of the term.
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July 05, 2024
Trade Groups Sue Denver Over Gas Stove Ban
A coalition of trade groups representing the restaurant, home construction, rental housing and propane gas industries have claimed in Colorado federal court that two Denver ordinances that restrict the use of gas appliances can't be enforced because they're preempted by federal law.
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July 05, 2024
The Firms That Won Big At The Supreme Court
This U.S. Supreme Court term featured high-stakes oral arguments on issues including gerrymandering, abortion and federal agency authority, and a hot bench ever more willing to engage in a lengthy back-and-forth with advocates. Here's a look at the law firms that argued the most cases and how they fared.
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July 05, 2024
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen collapsed sports television company Arena Television hit Bank of Scotland and Lloyds Bank with a claim, James Vorley, the Deutsche Bank metals trader convicted of fraud, sue his former employer, and journalist John Ware file a defamation claim against Pink Floyd band member Roger Waters and Al Jazeera Media Network. Here, Law360 looks at these and other new claims in the U.K.
Expert Analysis
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Risks Of Rejecting Hotel Mgmt. Agreements Via Bankruptcy
In recent years, hotel owners have paid a high price when they attempted to use bankruptcy proceedings to prematurely terminate their hotel management agreements, highlighting that other options may be preferable, say attorneys at Jenner & Block.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Weisselberg's Perjury At Trial Spotlights Atty Ethics Issues
Former Trump Organization executive Allen Weisselberg’s recent guilty plea for perjury in the New York attorney general's civil fraud trial should serve as a reminder to attorneys of their ethical duties when they know a client has lied or plans to lie in court, and the potential penalties for not fulfilling those obligations, say Hilary Gerzhoy and Julienne Pasichow at HWG.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.
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Series
Playing Hockey Makes Me A Better Lawyer
Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.
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For Lawyers, Pessimism Should Be A Job Skill, Not A Life Skill
A pessimistic mindset allows attorneys to be effective advocates for their clients, but it can come with serious costs for their personal well-being, so it’s crucial to exercise strategies that produce flexible optimism and connect lawyers with their core values, says Krista Larson at Stinson.
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Trump's NY Civil Fraud Trial Spotlights Long-Criticized Law
A New York court’s recent decision holding former President Donald Trump liable for fraud brought old criticisms of the state law used against him back into the limelight — including its strikingly broad scope and its major departures from the traditional elements of common law fraud, say Mark Kelley and Lois Ahn at MoloLamken.
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Opinion
Requiring Leave To File Amicus Briefs Is A Bad Idea
A proposal to amend the Federal Rules of Appellate Procedure that would require parties to get court permission before filing federal amicus briefs would eliminate the long-standing practice of consent filing and thereby make the process less open and democratic, says Lawrence Ebner at the Atlantic Legal Foundation and DRI Center.
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4 Ways To Motivate Junior Attorneys To Bring Their Best
As Gen Z and younger millennial attorneys increasingly express dissatisfaction with their work and head for the exits, the lawyers who manage them must understand and attend to their needs and priorities to boost engagement and increase retention, says Stacey Schwartz at Katten.
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Series
Serving As A Sheriff's Deputy Made Me A Better Lawyer
Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.
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Former Minn. Chief Justice Instructs On Writing Better Briefs
Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.
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Stay Interviews Are Key To Retaining Legal Talent
Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.
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Series
Spray Painting Makes Me A Better Lawyer
My experiences as an abstract spray paint artist have made me a better litigator, demonstrating — in more ways than one — how fluidity and flexibility are necessary parts of a successful legal practice, says Erick Sandlin at Bracewell.
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Where 9th Circ. Lowe's Ruling Leaves PAGA Jurisprudence
Leah Kennedy and Carolyn Wheeler at Katz Banks discuss the legal landscape and controlling precedent around the Private Attorneys General Act that led to the Ninth Circuit's Johnson v. Lowe's decision last month on individual PAGA wage claims, and explore the open questions that it leaves.