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Retail & E-Commerce
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February 28, 2025
J&J Talc Spinoff Wraps Two-Week Chapter 11 Trial
A marathon Chapter 11 trial for Johnson & Johnson's talc liability unit wrapped up Friday, with attorneys defending the $10 billion plan against competing efforts to toss the Texas bankruptcy.
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February 28, 2025
C Is For Counterfeit: Sesame Street Says Sellers Stealing IP
Elmo, Cookie Monster and the rest of the "Sesame Street" gang are going after online merchants they say are selling counterfeit products depicting the iconic children's program, telling an Illinois federal court Friday that the unauthorized merchandise is deceiving fans and hurting the nonprofit's reputation and wallet.
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February 28, 2025
Calif. Tribe Didn't Comply With Tobacco Laws, Judge Says
Federal tobacco regulators were justified in blocking the Twenty-Nine Palms Band of Mission Indians from shipping cigarettes after its wholesale products were resold to people without tribal affiliation, a California federal judge has ruled in a lawsuit that argued the concept of tribal sovereignty was being turned on its head.
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February 28, 2025
8th Circ. Backs Auto Co. Exec's Win In $5M Benefits Suit
The Eighth Circuit declined Friday to overturn a former chief operating officer's win in his lawsuit accusing an automotive company of reneging on the terms of his deferred compensation plan when he left the firm, saying the company can't rely on nonexistent documents to deny his claim to the funds.
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February 28, 2025
Up Next At High Court: Gun Violence Liability & Nuclear Waste
The U.S. Supreme Court will return to the bench Monday to consider Mexico's attempt to hold gun manufacturers and distributors liable for cartel-related gun violence and a nuclear waste site dispute that could determine who can challenge future agency actions.
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February 28, 2025
Galaxy Gas Hides A Dangerous Buzz, Class Action Says
Galaxy Gas, the maker of a popular line of flavored nitrous oxide dispensers, was hit with a putative class action Friday accusing the company of pushing a commonly abused, addictive, dangerous, and perfectly legal recreational drug under the guise of a "culinary tool."
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February 28, 2025
Curaleaf Sold Assets Before $32M Verdict, Pot Farm Says
Two subsidiaries of Curaleaf Holdings Inc. must be forced to immediately pay a $36.8 million jury verdict plus interest owed to a Michigan cannabis farm, the cultivator told a federal judge in a scathing motion, saying the companies feign poverty while spending considerable sums in legal representation.
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February 28, 2025
BofA Customer Gets Class Cert. In Revived ATM Fee Dispute
A class of account holders who allege Bank of America breached a contract by charging out-of-network fees for balance inquiries at certain ATMs can now proceed with claims as a class after their initial attempt at certification was denied.
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February 28, 2025
ITC Judge Clears Dell, ASUSTeK, Acer On Search Indexing IP
An administrative law judge at the U.S. International Trade Commission has found that computer makers Dell Technologies Inc., ASUSTeK Computer Inc. and Acer Inc. didn't infringe an X1 Discovery Inc. patent for methods and systems for search indexing by importing products with Microsoft software.
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February 28, 2025
Shake Shack Sued Over 'Deceptive' Delivery Fees
Shake Shack Inc. charges its customers "deceptive fees" when they use the fast casual chain's website and app to order food delivery, according to a proposed class action removed to California federal court.
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February 28, 2025
Amazon Sellers Don't Infringe Chair Patent, New Suits Say
Two Amazon sellers have sued outdoor furniture maker ShelterLogic Corp. in Washington federal court, claiming the company used the commerce giant's Patent Evaluation Express proceedings to falsely accuse them of selling products that infringe its foldable chair patent.
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February 28, 2025
La. Regulators Ask Justices To Review Tesla Sales Ban Case
Louisiana regulators have asked the U.S. Supreme Court to review Tesla's case over the state's ban on direct sales by automakers, saying the presence of car dealership owners on a regulatory board does not violate the electric-car company's due process rights.
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February 28, 2025
SuperValu Complains About Falsity Question In FCA Case
Whistleblowers claiming SuperValu overcharged the government by $123 million for prescriptions can ask witnesses a single question alluding to a bitterly contested legal finding in the False Claims Act case in Illinois federal court, the grocer revealed in a motion objecting to the judge allowing that question.
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February 28, 2025
3M Wants Texas 'Forever Chemical' Suit Tossed
3M Co. told a Texas federal judge that the Lone Star State's lawsuit accusing chemical manufacturers of selling forever chemical-containing products despite knowing they present health risks to humans should be tossed because the court doesn't have jurisdiction over the companies.
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February 27, 2025
Apple Falsely Touted Watches As 'Carbon Neutral,' Buyers Say
Apple Watch purchasers on Wednesday lodged a proposed class action in California federal court, claiming that the tech giant marketed various smartwatch products as "carbon neutral" despite Apple not actually providing "genuine, additional carbon reductions."
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February 27, 2025
Expelliarmus! Warner Bros. Aims Wand At Harry Potter Dupes
Warner Bros. Entertainment Inc. is pursuing a slew of online merchants it says are selling counterfeit "Harry Potter" products on Amazon, Temu, Walmart and other e-commerce platforms, telling an Illinois federal judge Thursday that the unauthorized merchandise deceives consumers and hurts the motion picture company's reputation and wallet.
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February 27, 2025
Feds Can't Dodge Firefighting Foam Suits Yet, SC Judge Rules
A South Carolina federal judge on Thursday denied the U.S. government's push to escape dozens of suits over contamination allegedly stemming from its use of forever chemical-containing firefighting foams, saying cases involving a military base in New Mexico showed its global motion to dismiss to be inappropriate.
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February 27, 2025
Safeway Peanut Butter Cookies Caused Death, Suit Says
Albertsons and Safeway are facing a wrongful death lawsuit from the family of an elderly Washington woman who allegedly bought supermarket cookies mislabeled as oatmeal raisin that contained undeclared peanuts, which triggered a fatal allergic reaction.
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February 27, 2025
Payment Processor Sues Trulieve Over Cashless ATMs
A Texas payments processor is suing multistate cannabis giant Trulieve in Arizona state court, alleging the company's use of so-called cashless ATMs to handle retail marijuana sales triggered close to $1 million in fines.
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February 27, 2025
NRA Urges High Court to Consider NY Carry Law Case
The National Rifle Association and the superintendent of New York State Police are at odds over whether the U.S. Supreme Court should take up a case regarding a state law requiring "good moral character" as a prerequisite to obtaining a gun permit, with both sides filing dueling briefs to the justices.
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February 27, 2025
US Vision Beats Suit Over 2021 Ransomware Attack
A New Jersey federal judge has tossed a proposed class action alleging U.S. Vision failed to protect the personal information of more than 710,000 patients following a ransomware attack of its network servers in 2021.
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February 27, 2025
Ohio GOP Advances Senate Bill Overhauling Pot Legalization
A Republican-sponsored bill to overhaul a cannabis legalization law passed by voters in November 2023 has advanced in the Ohio State Senate.
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February 27, 2025
DOJ Tells DC Circ. To Keep Apple Out Of Google Case
The U.S. Department of Justice is urging the D.C. Circuit to keep Apple out of its remedies case against Google, arguing that Apple "sat on its hands" for years despite knowing from the outset of the litigation that its default search agreement with Google was at stake.
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February 27, 2025
Abbott Beats Ill. Customers' Similac Metals Suit
Similac customers who say Abbott Laboratories illegally failed to warn the public about heavy metals in its infant formula cannot take those claims to trial because they haven't established damages, an Illinois federal judge said Wednesday.
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February 27, 2025
Starbucks, Patent Exec Reach Deal In Atty Defamation Case
A patent-licensing company executive and Starbucks Corp. on Thursday settled a defamation suit over statements made by an attorney for Starbucks just days after the plaintiffs fired back on the company's attempt to exit the suit.
Expert Analysis
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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.
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8 Childhood Lessons That Can Help You Be A Better Attorney
A new school year is underway, marking a fitting time for attorneys to reflect on some fundamental life lessons from early childhood that offer a framework for problems that no legal textbook can solve, say Chris Gismondi and Chris Campbell at DLA Piper.
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2nd Circ. Provides NY Pathway For Fighting Foreign Infringers
A recent decision from the U.S. Court of Appeals for the Second Circuit provides a road map for expeditiously obtaining personal jurisdiction in New York against foreign trademark infringers based on a single purchase of counterfeit goods, meaning the Second Circuit could now be the preferred venue for combating foreign infringement, says Jeffrey Ratinoff at Spencer Fane.
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Challenge To Ill. Card Fee Law Explores Compliance Hurdles
A recent federal lawsuit challenging an Illinois law that will soon forbid electronic payment networks from charging fees for processing the tax and tip portions of card transactions, fleshes out the glaring compliance challenges and exposure risks financial institutions must be ready to face next summer, says Martin Kiernan at Amundsen Davis.
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Recent Securities Cases Highlight Risks In AI Disclosures
Increasing public disclosure about the use and risks of artificial intelligence, and related litigation asserting that such disclosures are false or misleading, suggest that issuers need to exercise great care with respect to how they describe the benefits of AI, say Richard Zelichov and Danny Tobey at DLA Piper.
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Opinion
This Election, We Need To Talk About Court Process
In recent decades, the U.S. Supreme Court has markedly transformed judicial processes — from summary judgment standards to notice pleadings — which has, in turn, affected individuals’ substantive rights, and we need to consider how the upcoming presidential election may continue this pattern, says Reuben Guttman at Guttman Buschner.
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Series
Playing Diplomacy Makes Us Better Lawyers
Similar to the practice of law, the rules of Diplomacy — a strategic board game set in pre-World War I Europe — are neither concise nor without ambiguity, and weekly gameplay with our colleagues has revealed the game's practical applications to our work as attorneys, say Jason Osborn and Ben Bevilacqua at Winston & Strawn.