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June 20, 2025
6th Circ. Upends Flagstar Bank Win In Overdraft Fees Suit
The Sixth Circuit on Friday undid Flagstar Bank's win against a putative consumer protection class action accusing it of charging customers surprise overdraft fees, saying in an unpublished opinion that a rational factfinder could possibly conclude that the bank breached its terms and conditions.
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June 20, 2025
Real Estate Recap: Senior Living, Data Centers, CEQA
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into a senior housing surge, data center construction, and the Golden State's latest efforts to spur housing construction without upsetting the California Environmental Quality Act.
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June 20, 2025
Honda Requires Off-Clock Work, Production Associate Says
A Honda manufacturing unit mandates that employees show up to work about 30 minutes before their shifts officially start to put on protective gear and walk to their workstations but does not pay them for these tasks, a proposed class and collective action filed in Ohio federal court said.
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June 20, 2025
CrowdStrike Escapes Flyers' IT Outage Class Action
A Texas federal judge dismissed a proposed class action Wednesday against cybersecurity firm CrowdStrike Inc. from airline customers whose flights were delayed or canceled due to the catastrophic July 2024 global IT outage, finding the collection of state law claims are preempted by the federal Airline Deregulation Act.
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June 20, 2025
Psychedelic Therapy Reform Gets Boost From Conservatives
Former Texas Gov. Rick Perry told attendees at a psychedelics conference this week that he was committed to loosening federal restrictions on a prohibited psychoactive substance that has shown promise in treating mental health conditions like opioid addiction.
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June 20, 2025
Top Court Limits Sentencing Factors For Release Violations
The U.S. Supreme Court on Friday limited what factors district judges may consider when sentencing defendants for violating the terms of supervised release, vacating the Sixth Circuit's findings that allowed lower courts to undertake the same analysis for revocation proceedings as primary sentencings.
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June 18, 2025
6th Circ. Vacates Removal, Judge Slams High Court's Ruling
The Sixth Circuit ruled Wednesday that U.S. Supreme Court precedent required it to vacate a Mexican native's removal order after his U.S. citizenship was revoked for not disclosing a criminal charge, although one circuit judge said it was time justices reconsidered the precedent.
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June 18, 2025
Rapid-Fire Gun Trigger Maker Accuses Rival Of Infringing IP
Patent holder ABC IP LLP and gun trigger maker Rare Breed sued a gun company in Ohio federal court, accusing it of selling a "super safety" device that's infringing a patent related to a forced-reset trigger that speeds the rate of fire for AR-15-style firearms.
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June 18, 2025
Sotera Investors Urge 6th Circ. To Reopen Toxic Gas Suit
Sotera Health investors are seeking to revive a lawsuit accusing the company of concealing the carcinogenic nature of a gas used at its sterilization plants, telling the Sixth Circuit that the company knew that its "outrageous and cynical" behavior would cost it hundreds of millions of dollars.
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June 18, 2025
DC Judge Restores Some Canceled COVID Grants For Now
A D.C. federal judge has ordered the U.S. Department of Health and Human Services to restore at least some canceled public health grants to four local governments, ruling the Trump administration likely exceeded its constitutional power when it terminated the grants in March.
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June 18, 2025
Jury Awards $76M To Pipefitter Burned In Kroger Explosion
A pipefitter and HVAC technician has been awarded $76.7 million by a Michigan jury after a chemical accident at a Kroger store caused him to lose several fingers.
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June 18, 2025
Emotional Distress Claims Rejected In OSU Doctor Abuse Suit
A federal court has ruled that student-athletes suing the Ohio State University after being abused by an athletic team doctor cannot recover emotional distress damages under private Title IX actions.
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June 18, 2025
Wash. Panel Sides With Insurer In Café Fire Damage Suit
A couple's commercial property insurer has no duty to cover damage from a kitchen fire at their café, a Washington state appeals court affirmed, finding the couple lacked certain protective safeguards that were required as part of their fire suppression system.
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June 18, 2025
Tenn. Basketball Player Taking Extra Season Bid To 6th Circ.
College basketball player Zakai Zeigler will take his attempt to play a fifth season at the University of Tennessee to the Sixth Circuit, after filing a notice on Wednesday appealing a Tennessee federal judge's denial of a temporary injunction against the NCAA and its "four-season" eligibility rule.
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June 18, 2025
AGs Tell 3rd Circ. To Close 'Loophole' In Kalshi Betting Case
A bipartisan group of attorneys general co-led by Ohio Attorney General Dave Yost, a Republican, pressed the Third Circuit to prevent trading platform Kalshi's "broad preemptive coup," urging the appellate court to allow New Jersey to regulate the company.
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June 18, 2025
Justices Say 'Exhaustion' In Prisoner Suits Is A Jury Question
The U.S. Supreme Court narrowly ruled on Wednesday that prisoners have a right to a jury trial when there's a factual dispute over whether they properly exhausted prison grievance procedures — a key requirement before suing over prison conditions under federal law.
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June 17, 2025
Novo Nordisk Settles TM Suit Against Clinic Over Compounds
Novo Nordisk, the company behind drugs Ozempic, Rybelsus and Wegovy, struck a deal with an Ohio clinic to end its federal trademark infringement case, one of a slew of suits the pharmaceutical giant has filed against health facilities offering custom-made compounded drugs purporting to yield similar results to its blockbuster products used for weight loss.
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June 17, 2025
HHS Says Trump Orders Merit Ending Trans Health Rule Case
The federal government urged a Mississippi federal court to end a lawsuit challenging a Biden-era rule that protected gender-affirming care under the Affordable Care Act, arguing the Republican attorneys general leading the case can't show imminent harm given the Trump administration's position on the definition of "sex."
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June 17, 2025
Ohio High Court Allows Challenge To Duke Gas Rate Increase
Ohio's utility consumer advocate filed a timely appeal to challenge a regulator's approval of a Duke Energy Ohio Inc. rate increase for natural gas customers, the Ohio Supreme Court ruled Tuesday, denying Duke's bid to have the case dismissed.
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June 17, 2025
DOJ Urged To Add Prosecutors Amid Threats To Congress
Following the tragic shooting of Minnesota state lawmakers, the top Republican and Democrat on the committee that oversees the U.S. Capitol Police are asking the U.S. Department of Justice to give the force more prosecutorial resources.
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June 16, 2025
Asian Bar Groups Jump Into Fight Over Trump Birthright Ban
The National Asian Pacific American Bar Association and dozens of other affiliated legal organizations urged the First Circuit on Monday to uphold a Massachusetts federal judge's decision blocking President Donald Trump's executive order limiting birthright citizenship, saying the White House order is unconstitutional and would "disproportionately harm" Asian American communities.
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June 16, 2025
Ohio Tells 6th Circ. PBM Case Doesn't Target Federal Work
Ohio urged the Sixth Circuit to send its case accusing Express Scripts and Prime Therapeutics of driving up prescription drug prices through rebate schemes back to state court, arguing the case doesn't target any federal government work by the pharmacy benefit managers.
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June 16, 2025
6th Circ. Denies Mich. Gov.'s Rehearing Bid In Pipeline Suit
A three-judge panel of the Sixth Circuit on Monday rejected a request for a rehearing from Michigan Gov. Gretchen Whitmer, who had asked the appellate court to reconsider its earlier decision that she didn't have sovereign immunity from Enbridge Energy's lawsuit seeking to halt her efforts to shut down the Line 5 pipeline.
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June 16, 2025
Joann Seeks Ch. 11 Block For Vendors' Ohio Suit
Bankrupt fabric retailer Joann Inc. has asked a Delaware bankruptcy judge to block an Ohio state suit filed against seven top company officials by vendors who claim they were deceived into extending credit to the 80-year-old fabric retailer between its first and second retreat into Chapter 11.
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June 16, 2025
Finance Influencer Admits To Tax Fraud In $20M Ponzi Scheme
An Ohio social media finance influencer pled guilty to wire fraud and abetting a false tax filing tied to a $20 million real estate Ponzi scheme he was operating between 2019 and 2023, the U.S. Department of Justice said.
Expert Analysis
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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How States Are Taking The Lead On Data Center Regulation
While support for data center growth is a declared priority for the current administration, federal data center policy has been slow to develop — so states continue to lead in attracting and regulating data center growth, say attorneys at Steptoe.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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Justices' Ruling Lowers Bar For Reverse Discrimination Suits
The U.S. Supreme Court's unanimous opinion in Ames v. Ohio Department of Youth Services, lowering the evidentiary burden for plaintiffs bringing so-called reverse discrimination claims, may lead to more claims brought by majority group employees — and open the door to legal challenges to employer diversity, equity and inclusion initiatives, say attorneys at Ice Miller.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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High Court Birthright Case Could Reshape Judicial Power
Recent arguments before the U.S. Supreme Court in cases challenging President Donald Trump’s birthright citizenship executive order primarily focused on federal judges’ power to issue nationwide injunctions and suggest that the upcoming decision may fundamentally change how federal courts operate, says Mauni Jalali at Quinn Emanuel.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.