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December 06, 2024
USDA Orders Raw Milk Be Tested For Bird Flu
The U.S. Department of Agriculture on Friday issued a federal order requiring raw milk across the country to be tested as part of an effort to control and stop the spread of bird flu.
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December 06, 2024
Neb. Tribe Asks US High Court To Undo Tobacco Sales Ruling
A Nebraska tribe's tobacco companies are asking the U.S. Supreme Court to overturn an Eighth Circuit ruling that held the state can regulate a tribally owned manufacturer's sales of cigarettes to Indigenous-owned distributors, arguing that Native American nations' ability to conduct their own affairs within their own borders is at stake.
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December 06, 2024
Judge Denies Publix Bid To Appeal Opioid Coverage Ruling
A Florida federal judge on Friday rejected Publix's request for a judgment that would have allowed it to immediately appeal a decision that said seven of its insurance policies didn't provide coverage for opioid lawsuits the grocery chain is facing.
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December 06, 2024
Mich. Pot Cos. Get A Shot At Undoing Rivals' Licenses
Two Detroit-area companies that largely lost their bids challenging a municipality's award of marijuana retail licenses to competing enterprises will get an opportunity to invalidate those permits in court, a Michigan state appeals court has ruled, finding the city violated the state's open meetings law.
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December 06, 2024
J&J Seeks New Talc Trial As Developer Seeks $30M More
As Johnson & Johnson seeks to toss the underlying verdict, a real estate developer and cancer patient who was awarded $15 million in compensation from a talc trial jury has asked a Connecticut state judge to award another $30 million to punish the company for allegedly putting "profits over people."
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December 06, 2024
FTC Dems Tout Impact of Handbag Merger Win
The Federal Trade Commission's leader said a recent court ruling that led the owners of Coach and Michael Kors to abandon their planned $8.5 billion tie-up should make it easier to prove mergers hurt competition without needing to rely on expensive economic experts.
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December 06, 2024
Mandelbaum Barrett Beats DQ Bid Appeal In Pharmacy Fight
Mandelbaum Barrett PC defeated a disqualification motion Friday in a pharmacy ownership dispute, with a New Jersey state appeals court ruling that a former Mandelbaum Barrett attorney's previous work for the pharmacies was not relevant to the current case.
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December 06, 2024
Off The Bench: Kyrie Irving Sued, Golf's New Transgender Ban
In this week's Off The Bench, the New York Knicks and Rangers sue the unknown masses of people selling counterfeit team gear, a therapist who put on a family retreat for Kyrie Irving sues him over the bill, and two major golf organizations block transgender players from women's tournaments.
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December 06, 2024
New Balance Hit With Patent Suit Over Track Cleats
A Texas patent holder sued New Balance in Massachusetts federal court Friday, alleging that four models in New Balance's FuelCell SuperComp line of cleated running shoes are similar to its design for sneakers that include composite or laminate materials.
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December 06, 2024
Evenflo Nears Settlement In Booster Seat MDL
Baby product maker Evenflo said Friday that it has reached an agreement in principle to settle multidistrict litigation alleging it made deceptive statements about the safety of its Big Kid booster seats.
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December 05, 2024
'Krank3d' TM Too Close To Rival 'Krank'd': 11th Circuit
The Eleventh Circuit on Wednesday refused to disturb a lower court's decision temporarily barring energy drink maker Hi-Tech Pharmaceuticals from using the trademark "Krank3d," agreeing with the district court that the mark appears to be too similar to a competitor's "Get Krank'd" trademark.
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December 05, 2024
Internet Archive Won't Take E-Book Fair Use To Justices
The Internet Archive on Wednesday said it will not ask the U.S. Supreme Court to weigh in on whether its practice of distributing copyrighted e-books for free without permission from some of the world's biggest publishers is excused by the Copyright Act's fair use doctrine.
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December 05, 2024
Texas Lt. Gov. Wants Ban On Hemp-Derived THC Products
Texas Lt. Gov. Dan Patrick has unveiled legislation that looks to ban all forms of consumable THC, including hemp products that "might include unremovable, nonintoxicating trace amounts of delta-9 THC."
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December 05, 2024
Netgear Seeks Anti-Suit Injunction Over Huawei's Wi-Fi SEPs
Netgear is urging a California federal judge to block Chinese router-maker Huawei Technologies from seeking injunctions through Wi-Fi patent infringement actions the company pursued in foreign courts, arguing that Huawei is trying to impose excessive royalty rates and is avoiding its commitment to license its patents on reasonable terms.
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December 05, 2024
Gov't Efficiency Push Is A 'New Day,' House Speaker Says
House Speaker Mike Johnson, R-La., spoke excitedly Thursday about the new government efficiency operation helmed by billionaire Elon Musk and former presidential candidate Vivek Ramaswamy and touted the budding bipartisan lineup of a congressional caucus that will work with it.
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December 05, 2024
Amazon Says Section 230 Shields Against Casino App Suit
Amazon said Wednesday a federal judge should toss a proposed class action accusing the e-commerce giant of promoting and selling "social casino" apps that enable illegal gambling, arguing the company is immune under a federal law regulating internet content because it did not create the games.
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December 05, 2024
Judge Snubs Bid For $1M Bond On $22M 'Comfy' IP Verdict
An Arizona federal judge on Wednesday rejected a retailer's bid to pay a $1 million bond while appealing a $22 million judgment against it for infringing the design patents of Cozy Comfort Co., the maker of the "Comfy" sweatshirt featured on "Shark Tank."
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December 05, 2024
Sports Collectibles Exec Gets 51 Months For Investment Fraud
The owner of a Las Vegas sports memorabilia company was sentenced to four years and three months in prison Wednesday after pleading guilty to lying to investors as part of a fraud scheme that prosecutors said funded a lavish lifestyle.
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December 05, 2024
SpaceX Seeks Astronomical $350B Value, And More Rumors
SpaceX is in discussions for a transaction that could value the rocket and spacecraft maker at about $350 billion, the private equity owner of Crunch Fitness could sell the health club at a $1.5 billion value, and the management group looking to buy the Japanese owner of 7-Eleven may launch an IPO. Here, Law360 breaks down these and other notable deal rumors from the past week.
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December 05, 2024
Macy's, Bank And Parking Garage Settle $2.7M Repair Fight
Macy's Retail Holdings has resolved litigation against it by a bank and a parking lot operator over $2.7 million in repairs and maintenance fees needed at a nearby parking garage, according to a Thursday court filing.
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December 05, 2024
Audible's Expiring Membership Credits Illegal, Consumer Says
Audible Inc. is the target of a proposed class action accusing the audiobook retailer of selling credits that expire after one year, in violation of Washington consumer law.
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December 05, 2024
FDA Warns 115 Retailers Over Unauthorized E-Cigarettes
The U.S. Food and Drug Administration has issued warning letters to 115 retailers across the country for selling unauthorized e-cigarettes that appeal to youths, the agency said Thursday.
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December 05, 2024
Medical Pot Group Sues NY Over New $20M Licensing Fee
The New York Medical Cannabis Industry Association Inc. is suing the state's cannabis regulators, saying a new $20 million fee to convert operators' licenses from medical to adult use is an unconstitutional and punitive tax aimed at keeping them out of the adult-use market.
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December 05, 2024
Amazon Can't Dodge Fired Worker's Disability Bias Suit
Amazon can't escape a proposed class action brought by a former worker with cerebral palsy alleging the company reneged on promises to support disabled employees, a California federal judge ruled, stating he showed the company may have mishandled his requests for an assignment adjustment.
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December 04, 2024
Target Can't Escape Investors' Pride Month Merch Suit
Target Corp. cannot escape claims alleging customer backlash over its 2023 LGBTQ-focused marketing campaign caused the retail giant's sales and stock price to decline, a Florida federal judge ruled Wednesday, finding that the investors have plausibly pled Target made misleading warnings about the risk of customer boycotts.
Expert Analysis
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Opinion
It's Time To Sound The Alarm About Lost Labor Rights
In the Fifth Circuit, recent rulings from judges appointed by former President Donald Trump have dismantled workers’ core labor rights, a troubling trend that we cannot risk extending under another Trump administration, say Sharon Block and Raj Nayak at the Center for Labor and a Just Economy.
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Election Unlikely To Overhaul Antitrust Enforcers' Labor Focus
Although the outcome of the presidential election may alter the course of antitrust enforcement in certain areas of the economy, scrutiny of labor markets by the Federal Trade Commission and the U.S. Department of Justice is likely to remain largely unaffected — with one notable exception, say Jared Nagley and Joy Siu at Sheppard Mullin.
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Opinion
Legal Institutions Must Warn Against Phony Election Suits
With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.
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How Cos. Can Build A Strong In-House Pro Bono Program
During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.
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Series
Home Canning Makes Me A Better Lawyer
Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.
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Navigating FEMA Grant Program For Slope Fixes After Storms
In the aftermath of Hurricanes Helene and Milton, it is critical for governments, businesses and individuals to understand the legal requirements of the Federal Emergency Management Agency's grant programs to obtain funding for crucial repairs — including restoration of damaged infrastructure caused by landslides and slope failures, says Charles Schexnaildre at Baker Donelson.
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Use The Right Kind Of Feedback To Help Gen Z Attorneys
Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.
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Opinion
Congress Can And Must Enact A Supreme Court Ethics Code
As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.
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What To Make Of Dueling Corporate Transparency Act Rulings
Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.
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Series
The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan
Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.
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Deadline Extension Highlights PFAS Reporting Complexities
The U.S. Environmental Protection Agency's recent extension of reporting and recordkeeping timelines for per- and polyfluoroalkyl substances under the Toxic Substances Control Act offers relief to the regulated community, but the unprecedented volume of data required means that businesses must remain diligent in their data collection efforts, say attorneys at Alston & Bird.
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2nd Circ. American Girl Ruling Alters Test Purchase Norms
The Second Circuit's recent ruling in American Girl v. Zembrka overturns years of precedent that required completed test purchase shipments to establish jurisdiction in infringement cases, but litigators shouldn't abandon the strategy entirely, say Robert Wasnofski and Sara Gates at Dentons.
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State Of The States' AI Legal Ethics Landscape
Over the past year, several state bar associations, as well as the American Bar Association, have released guidance on the ethical use of artificial intelligence in legal practice, all of which share overarching themes and some nuanced differences, say Eric Pacifici and Kevin Henderson at SMB Law Group.
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Review Shipping Terms In Light Of These 3 Global Challenges
Given tensions in the Middle East, labor unrest at U.S. ports and the ongoing consequences of climate change, parties involved in maritime shipping must understand the relevant contract provisions and laws that may be implicated during supply chain disruptions in order to mitigate risks, say attorneys at Crowell & Moring.
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Cos. Face Increasing Risk From Environmental Citizen Suits
Environmental citizen suits stepping in to fill the regulatory vacuum concerning consumer goods waste may soon become more common, and the evolving procedural landscape and changes to environmental law may contribute to companies' increased exposure, say J. Michael Showalter and Bradley Rochlen at ArentFox Schiff.