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March 19, 2024
Insurer Meets 6th Circ. Resistance In Bid To Undo Amway Win
Sixth Circuit judges appeared skeptical Tuesday of an AIG unit's argument that it shouldn't have to defend and indemnify Amway Corp. in copyright litigation, with one judge saying he doubted Amway's self-insured policies should take priority over an AIG internet policy.
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March 19, 2024
States Converge On Texas' Challenge To EPA Methane Rule
A California-led coalition of Democratic attorneys general wants to defend new federal limits on oil and gas industry methane emissions challenged by Texas, Oklahoma and other conservative states, with supporters of the new rules claiming a sovereign interest in protecting their citizens from harmful greenhouse gas pollution.
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March 19, 2024
Nippon Steel Tries To Ease Worries Over $14.9B US Steel Deal
Nippon Steel Corp. pledged to move its North American headquarters to Pennsylvania in an attempt to assure the public that its proposed $14.9 billion acquisition of Pittsburgh-based U.S. Steel will ultimately be good for the domestic steel industry.
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March 19, 2024
OptumRx Can't Get Motley Rice Disqualified From Opioid MDL
An Ohio federal judge has denied a bid by pharmacy benefit manager OptumRx to disqualify Motley Rice LLC from representing plaintiffs in the national opioid litigation, saying the company hasn't shown that the firm's prior representation of states investigating opioids puts the company at a disadvantage in the multidistrict litigation.
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March 18, 2024
Food Industry Group Urges 9th Circ. To Keep GMO Labeling Rule
A trade group representing corporate giants including Coca-Cola and General Mills has urged the Ninth Circuit to keep a federal labeling rule allowing disclosure of genetic modifications to foods to be done digitally, claiming that upsetting the rule would present "significant disruption for industry and consumers alike."
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March 18, 2024
Sen. Vance Backs Suit To Declare Google Common Carrier
Sen. J.D. Vance, R-Ohio, and an anti-monopoly nonprofit have backed the Ohio state attorney general's lawsuit seeking to declare Google as a common carrier.
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March 18, 2024
Ohio Court Backs School Board's Win In Race, Sex Bias Suit
An Ohio state appeals court affirmed the Dayton Board of Education's early win in a race and sex bias suit brought against it by a Black former administrator, agreeing with the lower court that she failed to present any direct evidence of discrimination related to her departure.
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March 18, 2024
Joann Hits Ch. 11 With $1B Secured Debt, Creditor Deal
Fabric retailer Joann Inc., better known as Joann Fabrics, filed for bankruptcy in Delaware on Monday with $1 billion in secured debt and an agreement with its creditors to trim $505 million from its balance sheet.
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March 15, 2024
Judge Asks Colo. Why Grocery Merger Case Can't Wait
A state judge in Denver has asked Colorado enforcers why they need to have a hearing on their bid to block Kroger's planned $24.6 billion purchase of fellow grocery store giant Albertsons before other hearings in challenges from federal enforcers and Washington state.
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March 15, 2024
Ohio Obstetrician Keeps Trial Win In Suit Over Baby's Death
An Ohio state appeals court has refused to overturn a trial win for an obstetrician accused of medical malpractice in the delivery of an infant who died shortly after birth, finding that the parents aren't allowed to question the doctor about whether his hospital privileges were pulled following the death.
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March 15, 2024
Ohio Ambulance Co. Says HR Firm Botched Tax Returns
An Ohio ambulance company accused its human resources management firm of failing to accurately prepare and submit amended tax returns that would have allowed the company to claim pandemic-era tax credits, according to a complaint filed in an Ohio federal court.
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March 15, 2024
LA Billing Scandal Atty's Estate Can't Revive Fee Dispute
The estate of an Ohio attorney who was accused of participating in a highly publicized billing settlement scandal involving the Los Angeles Department of Water & Power has lost two probate court bids to recoup fees from the late attorney's former colleagues, with an appeals panel determining the court lacked jurisdiction.
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March 15, 2024
Snack Co. Workers Get Cert. In Ohio Wage Suit
An Ohio federal judge preliminarily certified a collective of food distribution workers on claims that they had to perform work before clocking in and during breaks without pay, saying they proved that the company's policies were applied universally.
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March 14, 2024
IP Forecast: Internet Archive Fights Vinyl Copyright Case
A California federal judge will hear arguments next week over whether the Internet Archive can toss accusations from record labels that describe its project for a free, digitized library of 78 rpm records as a "wholesale theft of generations of music." Here's a look at that case, plus all the other major intellectual property matters on deck in the coming week.
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March 14, 2024
Buyers Want Goodyear, Michelin Price-Fixing Suits Combined
Tire buyers who have accused Goodyear, Michelin, Bridgestone and others of working together to fix the price of replacement tires have asked a New York federal court to consolidate the dozen lawsuits that have piled up against the tire manufacturers.
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March 14, 2024
Publisher Must Face Privacy Claims Over Meta Pixel Tool
An Ohio federal judge has ruled that the publisher of The Toledo Blade and the Pittsburgh Post-Gazette can't duck a proposed privacy class action alleging that the newspapers shared the video-viewing history of their website users with Facebook's parent company, Meta Platforms Inc., without their permission.
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March 14, 2024
Norfolk Southern Must Face Most Derailment Suit Claims
Norfolk Southern must face the bulk of the claims in consolidated suits brought over a train derailment and subsequent chemical spill in East Palestine, Ohio, a federal judge ruled in a spate of opinions that also kept intact most of the rail giant's third-party claims against a chemical company and two railcar leasing firms.
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March 14, 2024
Most States Fall Short In Disclosing Justices' Finance Reports
The vast majority of state supreme courts make it exceedingly difficult for the public to get information about justices' financial entanglements, and the information they do give out is often scant at best, according to a report released Thursday.
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March 14, 2024
Biden Comes Out Against $14.9B US Steel-Nippon Merger
President Joe Biden came out in opposition of U.S. Steel's planned $14.9 billion merger with Japan's Nippon Steel Corp. on Thursday, echoing lawmakers who have expressed concerns about the sale of an American institution to a foreign power.
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March 13, 2024
6th Circ. Kills Orders On Calculating Delivery Driver Costs
A Sixth Circuit panel has swept away rulings from courts in two separate states — one that sided with pizza delivery drivers and another that sided with the restaurants — over how drivers should be reimbursed for using their cars to make deliveries, saying they both got it wrong.
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March 13, 2024
6th Circ. Told Woman Helped Life Partner Avoid $3M In Taxes
The federal government justifiably sold off the property of a woman who paid for it with money from her dead long-term life partner, the U.S. government told the Sixth Circuit on Wednesday, saying the purchase helped her partner skirt more than $3 million in tax liabilities.
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March 13, 2024
FTC Bid To Block Kroger's $25B Albertsons Deal Set For Aug.
An Oregon federal court has scheduled an August hearing on the Federal Trade Commission's challenge of Kroger's planned $24.6 billion purchase of fellow grocery store giant Albertsons, a deal also under attack by state enforcers in Washington and Colorado.
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March 13, 2024
FERC Can't Change Power Auction Results, 3rd Circ. Rules
The Third Circuit has wiped out the Federal Energy Regulatory Commission's tweak to the results of an electricity capacity auction run by the nation's largest regional grid operator, saying it amounted to retroactive rate-making in violation of the filed-rate doctrine.
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March 13, 2024
Ohio Slams Justice's Bid To Keep Partisan Label Suit Alive
Ohio Supreme Court Justice Jennifer Brunner's effort to keep alive her suit challenging a new rule requiring certain judicial candidates in the state to have their political party affiliations listed on general election ballots did nothing to fix her complaint of numerous fatal flaws, the Ohio secretary of state has said.
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March 13, 2024
Online University, Workers To Settle Wage Suit For $110K
Employees of an online university based in Ohio asked a federal judge to sign off on a $110,000 deal ending their claims that the school stopped paying them for hours they had worked.
Expert Analysis
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.
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Rebuttal
Law Needs A Balance Between Humanism And Formalism
A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.
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Short Message Data Challenges In E-Discovery
As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.
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Opinion
Thomas Report Is Final Straw — High Court Needs Ethics Code
As a recent report on Justice Clarence Thomas' ongoing conflicts of interest makes evident, Supreme Court justices should be subject to an enforceable and binding code of ethics — like all other federal judges — to maintain the credibility of the institution, says Erica Salmon Byrne at Ethisphere.
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Joint Representation Ethics Lessons From Ga. Electors Case
The Fulton County district attorney's recent motion to disqualify an attorney from representing her elector clients, claiming a nonconsentable conflict of interest, raises key questions about representing multiple clients related to the same conduct and highlights potential pitfalls, say Hilary Gerzhoy and Grace Wynn at HWG.
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Lawyer Discernment Is Critical In The World Of AI
In light of growing practical concerns about risks and challenges posed by artificial intelligence, lawyers' experience with the skill of discernment will position them to help address new ethical and moral dilemmas and ensure that AI is developed and deployed in a way that benefits society as a whole, says Jennifer Gibbs at Zelle.
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Opinion
It's Time For Lawyers To Stand Up For Climate Justice
The anniversary this week of the Deepwater Horizon disaster offers an opportunity for attorneys to embrace the practice of just transition lawyering — leveraging our skills to support communities on the front lines of climate change and environmental catastrophe as they pursue rebuilding and transformation, says Amy Laura Cahn at Taproot Earth.
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Don't Forget Alumni Engagement When Merging Law Firms
Neglecting law firm alumni programs after a merger can sever the deep connections attorneys have with their former firms, but by combining good data management and creating new opportunities to reconnect, firms can make every member in their expanded network of colleagues feel valued, say Clare Roath and Erin Warner at Troutman Pepper.
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Without Stronger Due Diligence, Attys Risk AML Regulation
Amid increasing pressure to mitigate money laundering and terrorism financing risks in gatekeeper professions, the legal industry will need to clarify and strengthen existing client due diligence measures — or risk the federal regulation attorneys have long sought to avoid, says Jeremy Glicksman at the Nassau County District Attorney’s Office.
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The Legal Consequences Of High PFAS Background Levels
As federal and state regulations around per- and polyfluoroalkyl substances proliferate, emerging scientific literature is showing that PFAS exist in many environments at background levels that exceed regulatory limits — and the potential legal implications are profound, say Grant Gilezan and Paul Stewart at Dykema and Dylan Eberle at Geosyntec Consultants.
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Every Lawyer Can Act To Prevent Peer Suicide
Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.
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Building On Successful Judicial Assignment Reform In Texas
Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.
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Cities Should Explore Minn. Municipal Alcohol Store Model
Minnesota’s unique alcohol control model that functions at the municipal level may be worth exploring for cash-strapped cities looking for an additional stream of revenue, though there may be community pushback, say Louis Terminello and Bradley Berkman at Greenspoon Marder.
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Do Videoconferences Establish Jurisdiction With Defendants?
What it means to have minimum contacts in a foreign jurisdiction is changing as people become more accustomed to meeting via video, and defendants’ participation in videoconferencing may be used as a sword or a shield in courts’ personal jurisdiction analysis, says Patrick Hickey at Moye White.
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Opinion
Humanism Should Replace Formalism In The Courts
The worrying tendency for judges to say "it's just the law talking, not me" in American decision writing has coincided with an historic decline in respect for the courts, but this trend can be reversed if courts develop understandable legal standards and justify them in human terms, says Connecticut Superior Court Judge Thomas Moukawsher.