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March 11, 2025
6th Circ. Backs Motorola In Fired Tech's Disability Bias Suit
A split Sixth Circuit panel upheld the dismissal of a Motorola worker's suit claiming he was fired after he requested a schedule change due to his nocturnal epilepsy, ruling his case fell flat because he never filed a formal accommodation request with the company.
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March 11, 2025
1st Circ. Upholds Block On Trump's Birthright Citizenship Order
The First Circuit on Tuesday refused to disturb a Massachusetts federal judge's ruling that blocked the Trump administration's move to end birthright citizenship, rejecting the government's claim that states suing over the policy lacked standing.
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March 10, 2025
Fifth Third Borrowers Win $3.6M Atty Fee Despite Trial Finish
An Ohio federal judge awarded $3.6 million in attorney fees and costs to a class of Fifth Third Bank borrowers who convinced the court the bank violated the Truth in Lending Act with its Early Access loan program, but lost other claims at trial two years ago.
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March 10, 2025
Ex-Package Co. Worker Wants 6th Circ. Redo In ADA Suit
A former mill utility worker is urging the Sixth Circuit to rehear his suit claiming a packaging manufacturer wouldn't let him return to work because he asked for a medical accommodation, arguing an appellate panel's ruling ignored key evidence at trial, including that he could have worked in a lighter-duty role.
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March 10, 2025
GOP Sens. Escalate Fight With ABA Over 'Leftist' Statements
A group of Senate Republicans are once again going after the American Bar Association, which they claim has become a "leftist" organization, and announced Monday they will disregard ABA ratings on judicial nominees and encouraged the Trump administration and their colleagues to do the same.
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March 10, 2025
NJ Man Gets 18 Months In $50M Off-Road Tire Ponzi Scheme
A New Jersey man who pled guilty to wire fraud for his role in a $50 million Ponzi scheme in which he took investor money on the promise he could buy and resell off-the-road tires at a substantial profit has been sentenced to 18 months in prison.
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March 07, 2025
Contractor Can't Bury Medical Marijuana Discrimination Suit
A Pennsylvania federal judge on Friday denied a Cleveland construction company's bid to escape a prospective employee's suit alleging that the company violated Pennsylvania's medical cannabis law when it rescinded his job offer, saying there are questions of fact about whether he would have been able to do the job.
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March 07, 2025
Ohio, PBMs Say High Court Ruling Didn't End Pricing Appeal
Ohio state enforcers have told the Sixth Circuit an appeal in their case accusing Express Scripts and Prime Therapeutics of driving up prescription drug prices was not resolved by a U.S. Supreme Court decision dealing with federal versus state jurisdiction.
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March 07, 2025
Goodyear Must Include Microplastic Proposal In Proxy
The U.S. Securities and Exchange Commission has rejected Goodyear Tire & Rubber Co.'s bid to exclude from its annual proxy statement a shareholder proposal calling for goals and timelines related to reducing tire wear shedding and subsequent microplastic pollution.
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March 07, 2025
Trump DOJ's Shift Threatens To Upend Police Reform
As the Trump administration abandons consent decrees — court-ordered agreements designed to curb police misconduct — experts warn that a crucial mechanism for law enforcement accountability is disappearing.
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March 07, 2025
Dem AGs Back NLRB In Appeal Over Board Functionality
Nearly two dozen Democratic attorneys general have backed the National Labor Relations Board in a Sixth Circuit fight over the agency's ability to adjudicate unfair labor practice cases, saying workers' rights under labor law would be trampled if the agency is restrained from performing its duties.
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March 06, 2025
State AGs Want Fees In Kroger Wash., Ore. Merger Cases
A total of 10 attorneys general kicked off two separate bids Wednesday for attorney fees in the state and federal court cases in Washington and Oregon that blocked Kroger's $24.6 billion bid to buy Albertsons, arguing in the federal lawsuit that their substantial participation alongside the Federal Trade Commission means they "substantially prevailed."
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March 06, 2025
Kroger Can't Escape Baby Food Metal Claims
An Ohio federal judge on Wednesday allowed consumers' claims to go forward in a proposed class action against Kroger and other grocery stores alleging that their Simple Truth baby teething wafers contain unsafe levels of toxic metals, saying the allegations didn't amount to a "shotgun pleading."
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March 06, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
Believe it or not, there's still important litigation happening that doesn't involve President Donald Trump, and the proof exists in this month's circuit court calendars. During the remaining weeks of March, arguments will explore numerous high-profile topics, including a law firm's severe punishment for alleged misconduct in 9/11 litigation and a judicial rebuke of Trader Joe's for "an attempt to weaponize the legal system."
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March 06, 2025
6th Circ. Backs $100K For Ky. Couple Denied Marriage License
The Sixth Circuit upheld $100,000 in damages awarded to a couple denied a marriage license by Kentucky clerk Kim Davis on Thursday, affirming that she is liable for ignoring the U.S. Supreme Court's recognition of same-sex couples' right to marry.
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March 06, 2025
6th Circ. Says Nursing Home Worker's Actions Justified Firing
The Sixth Circuit refused to revive a former nursing home social services director's suit claiming she was fired for raising concerns about resident care and her supervisor's inappropriate behavior, finding she couldn't overcome the company's explanation that her absenteeism and covert recordings of meetings cost her the job.
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March 06, 2025
Dems Intro Their Own Version Of The JUDGES Act
Top Democrats on the House Judiciary Committee reintroduced a version of the JUDGES Act on Thursday that would not take effect until after the next president is elected, unlike a version from their Republican counterparts that would take effect this year.
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March 05, 2025
PTAB Bar Urges Congress, Lutnick To Protect USPTO Workers
The PTAB Bar Association is calling on intellectual property leaders in Congress, along with Commerce Secretary Howard Lutnick, to spare the U.S. Patent and Trademark Office from Trump administration initiatives to freeze hiring and require in-person work.
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March 05, 2025
Gun Group Urges Full 6th Circ. Take Up Sig Sauer Safety Case
The right to keep and bear arms would be infringed if customers can sue gun manufacturers on a theory that a pistol without an external safety is defectively designed, a gun advocacy group is arguing, urging the full Sixth Circuit to review a product liability lawsuit against Sig Sauer Inc.
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March 05, 2025
Revived Bill To Add Judges Teed Up For Another House Vote
The House Judiciary Committee voted out of committee three bills on Wednesday along party lines, including legislation to add more federal judgeships that the federal judiciary says are needed desperately but has become subject to partisan fighting.
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March 05, 2025
Trump's NIH Cost-Cutting Measure Blocked By Judge
A Massachusetts federal judge ruled Wednesday that the Trump administration cannot cap indirect costs for research grants at the National Institutes of Health, rejecting the move as a rushed cost-saving measure that violates federal law governing the expenses.
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March 04, 2025
Ohio Workers' Chrysler-UAW Conspiracy Suit Gets Tossed
Employees who claimed Fiat Chrysler and the United Auto Workers conspired to keep about three dozen of them classified as part-time temps for years despite them often performing full-time work had their case tossed Tuesday by an Ohio federal judge, who said they sued too late.
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March 04, 2025
Freezer Co. Drops Supplier Suit Over $15M Embryo Loss
Freezer maker Chart Inc. has dropped its lawsuit alleging one of its suppliers should pay part of a $15 million verdict stemming from an implosion of Chart's cryopreservation tanks in 2018, which destroyed human eggs and embryos, according to an order Monday.
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March 04, 2025
CFPB Drops Zelle Fraud Prevention Suit Against Big Banks
The Consumer Financial Protection Bureau on Tuesday abandoned its lawsuit against JPMorgan Chase and other major banks over digital payment fraud on Zelle, the latest Biden-era enforcement action to be dropped by the agency's Trump-appointed interim leadership.
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March 03, 2025
Vape Co. Backs 6th Circ. Challenge To Ky. E-Cig Law
A Texas e-cigarette liquids maker on Monday urged the Sixth Circuit to side with a group of vape interests in their bid to block a Kentucky law regulating vape sales, saying the companies have standing to block the measure and the law is preempted under federal law.
Expert Analysis
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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AV Compliance Is Still A State-By-State Slog — For Now
While the incoming Trump administration has hinted at new federal regulations governing autonomous vehicles, for now, AV manufacturers must take a state-by-state approach to compliance with safety requirements — paying particular attention to states that require express authorization for AV operation, say attorneys at Frost Brown.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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Series
Flying Makes Me A Better Lawyer
Achieving my childhood dream of flying airplanes made me a better lawyer — and a better person — because it taught me I can conquer difficult goals when I leave my comfort zone, focus on the demands of the moment and commit to honing my skills, says Ivy Cadle at Baker Donelson.
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Post-Election Implications For The EPA's Methane Rules
Amid the U.S. Supreme Court's recent denial of requests to halt implementation of the U.S. Environmental Protection Agency's methane rule in two suits, and given the outcome of the election, a complete reversal of the methane rule is expected, but state-level policymaking and enforcement will continue, says John Watson at Spencer Fane.
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Series
Circus Arts Make Me A Better Lawyer
Performing circus arts has strengthened my ability to be more thoughtful, confident and grounded, all of which has enhanced my legal practice and allowed me to serve clients in a more meaningful way, says Bailey McGowan at Stinson.
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3 Ways To Train Junior Lawyers In 30 Minutes Or Less
Today’s junior lawyers are experiencing a skills gap due to pandemic-era disruptions, but firms can help bring them up to speed by offering high-impact skill building content in bite-sized, interactive training sessions, say Stacey Schwartz at Katten, Diane Costigan at Winston & Strawn and Lauren Tierney at Freshfields.
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6th Circ. Ruling Prevents Disability Insurer Overreach
The Sixth Circuit’s recent ruling in McEachin v. Reliance Standard Life Insurance offers disability insurance claimants guidance on how they might challenge misapplications of policy limitations for mental illness when a medical condition accounts for their disability, says Mark DeBofsky at DeBofsky Law.
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The Bar Needs More Clarity On The Discovery Objection Rule
Almost 10 years after Federal Rule of Civil Procedure 34 was amended, attorneys still seem confused about what they should include in objections to discovery requests, and until the rules committee provides additional clarity, practitioners must beware the steep costs of noncompliance, says Tristan Ellis at Shanies Law Office.
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Series
Being A Navy Reservist Makes Me A Better Lawyer
Serving this country in uniform has not only been one of the greatest honors of my life, but it has also provided me with opportunities to broaden my legal acumen and interpersonal skills in ways that have indelibly contributed to my civilian practice, says Phillip Smith at Weinberg Wheeler.
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So You Want To Move Your Law Practice To Canada, Eh?
Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.
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Class Actions At The Circuit Courts: November Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.