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November 08, 2024
NYC's Suit Against Cos. Busing Migrants Gets Tossed
A New York state judge on Friday tossed New York City's lawsuit accusing charter bus companies of transporting migrants from Texas without providing them care in violation of a state "pauper statute," saying the law unconstitutionally restricted the right to travel.
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November 08, 2024
Tort Report: Royal Caribbean Spycam Victim Seeks Class Suit
A proposed class action over Royal Caribbean Cruises Ltd.'s alleged failures regarding an employee's surreptitious installation of cameras in passengers' cabins and a D.C. Circuit ruling on a gun magazine ban lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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November 08, 2024
Real Estate Recap: Trump, Big 4, Office Demand?
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including how the next Trump administration could affect commercial real estate, where the Big Four brokers saw traction in Q3 and an interesting anomaly in the distressed office market.
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November 08, 2024
Insurer Ignored Sex Harassment And Rampant Fraud, Suit Says
Executives and directors of life insurance company Globe Life Inc. have been hit with a shareholder derivative suit in Texas federal court alleging they had been ignoring a culture of sexual harassment among its employees and participating in fraudulent underwriting practices.
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November 08, 2024
Ford Buyers Win Cert. Of Some Classes In 'Death Wobble' Suit
A California federal judge certified some subclasses in a product liability class action against Ford over an alleged steering defect known as the "death wobble," but denied certification of a nationwide class and trimmed or partially trimmed 13 of the 30 claims.
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November 08, 2024
J&J Talc Unit Must Revise Ch. 11 Plan, Insurers Say
A group of Johnson & Johnson insurance carriers urged a Texas judge to reject the Chapter 11 plan disclosure statement for the company's Red River Talc unit as unconfirmable, saying J&J "made it clear that it intends to saddle its insurers with responsibility to pay" for the bankruptcy-related claims.
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November 08, 2024
Pawn Shop Must Face CFPB's Military Law Claims, Judge Says
In a matter of first impression, a Texas federal judge has ruled that national pawn shop company FirstCash Inc. cannot use a "bona fide error" defense to argue that its alleged violation of the Military Lending Act was an unintentional mishap, saying the defense only applies to private borrower claims, not federal agency suits.
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November 08, 2024
3rd Texas Doc Sued For Providing Kids Gender-Affirming Care
Texas Attorney General Ken Paxton announced a third lawsuit against a doctor who has allegedly provided gender transition services to 15 North Texas minors in violation of state law, calling the Dallas doctor a "scofflaw" who is "harming the health and safety of Texas children."
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November 08, 2024
Biz Owner Pleads Guilty To CBP Contract Kickback Scheme
A software-testing business owner pled guilty to conspiring to bribe a U.S. Customs and Border Protection official in exchange for government contracts being funneled to his company.
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November 08, 2024
'Love Is Blind' Producer Urges Arbitration For Assault Case
A producer behind the Netflix reality show "Love Is Blind" has asked the Texas Supreme Court to send a former contestant's sexual assault suit to arbitration, arguing that her allegations do not apply to a federal act that invalidates arbitration agreements victims enter into before allegations are made.
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November 08, 2024
5th Circ. Remands Texas Social Media Law Challenge
The Fifth Circuit remanded to the district court a challenge to Texas' social media law prohibiting platforms from employing certain content moderation practices, ruling that the record on the case is still too undeveloped to resolve.
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November 08, 2024
Mark Zuckerberg Beats Liability In Social Media MDL
A California federal judge dismissed claims against Mark Zuckerberg in multidistrict litigation alleging Meta concealed social media's risks to young users, finding that plaintiffs failed to show Zuckerberg directly participated in or authorized the alleged concealment despite his control over the company.
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November 08, 2024
Steptoe & Johnson Adds Veteran Corporate Atty In Dallas
Steptoe & Johnson PLLC announced that a veteran corporate attorney who previously served as the top attorney for a major auto repair company has joined the firm's Dallas office as of counsel, in a move the firm said will help strengthen its private credit practice.
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November 08, 2024
Ex-Spouse Entitled To $2.9M Pandemic Tax Refund, Court Told
A woman is entitled to a $2.9 million tax refund under pandemic-era relief provisions for carryback losses shared with her ex-husband, she told a Texas federal court, accusing the Internal Revenue Service of wrongly requiring both of the former couple's signatures on a consent form.
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November 07, 2024
Texas Judge Blocks Biden Administration's Spousal Parole
A Texas federal judge on Thursday held that President Joe Biden's administration didn't have the authority to implement a rule allowing noncitizens and stepchildren of U.S. citizens to stay in the country while they apply for green cards and work permits.
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November 07, 2024
Litigation Funders Look For Attorneys They Can Trust
Litigation funders often see the attorneys they would be working with as the most important element of whether to invest in a case, several members of the industry said on a panel at the University of Texas School of Law's Advanced Patent Law Institute.
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November 07, 2024
How Penn State Trial Against Retailer Could Upend TM Law
The Pennsylvania State University and an online retailer of goods bearing retro logos and images of schools and sports teams are set to clash in a trademark trial next week that could upend how courts examine infringement claims.
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November 07, 2024
Trump's Immigration Plans Could Threaten Economic Security
President-elect Donald Trump is expected to end deportation protections and work authorization for broad swaths of immigrants — moves that would drastically reduce the labor force across essential industries, including construction, agriculture and hospitality.
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November 07, 2024
Car Dealer To Pay $5.8M To Investors Over Pot Stock Scheme
A Michigan car dealer accused of selling shares for a largely bogus cannabis company has admitted to violating state securities law and has agreed to return investor money, roughly $5.8 million, according to a consent order issued by an Ohio federal judge.
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November 07, 2024
Pantech Wants $1M Verdict Tripled In OnePlus Patent Case
Pantech Corp. wants its almost $1 million damages win tripled against Chinese phone company OnePlus Technology Shenzhen Co. Ltd. in a patent suit over technology used to comply with 5G wireless standards, while OnePlus said it shouldn't have to pony up any damages.
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November 07, 2024
Firm That Took Hurricane Victim Cases Wants Out Of Fee Row
A Louisiana law firm that took over now-bankrupt Houston plaintiffs firm MMA Law's hurricane victim cases is appealing a Houston bankruptcy's court's decision not to free it from a lawsuit claiming that it cut MMA out of its share of settlement fees.
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November 07, 2024
Dell, Lattice Semiconductor Attys Work Through AI Risks
A Dell in-house attorney picked up errors artificial intelligence made in his daughter's math homework, while a Lattice Semiconductor attorney was surprised that a rough translation AI provided was actually accurate, leading them to encourage a room of patent attorneys on Thursday to be cautious.
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November 07, 2024
Louisiana Says EPA Usurped State Power In Pollution Row
The state of Louisiana told the Fifth Circuit that the U.S. Environmental Protection Agency has no authority to invalidate a two-year compliance deadline extension the state granted to a neoprene manufacturer, which is being sued by the agency.
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November 07, 2024
Paul Hastings Lands Morgan Lewis Enviro Litigator In Dallas
Paul Hastings LLP announced Thursday that it is expanding its top-notch environmental litigation practice into Texas with a partner in Dallas who came aboard from Morgan Lewis & Bokius LLP and is the latest in a string of additions this year that has tripled the firm's Lone Star State headcount.
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November 06, 2024
Customers Look To Preserve Lead Class Action Against AT&T
AT&T shareholders are telling a Texas federal judge that the company acted with scienter when it allegedly misled investors about the removal of lead-covered copper cables from its network, pushing back on AT&T's motion to dismiss the suit stemming from a drop in the company's stock price.
Expert Analysis
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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Considering Chevron's End Through A State Tax Lens
States took the lead in encouraging Chevron's demise, turning away from Chevron-type deference in state tax administration ahead of the U.S. Supreme Court’s Loper Bright decision, a trend likely to accelerate as courts take a more active role in interpreting tax laws, say attorneys at Eversheds Sutherland.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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The 3rd-Party Bankruptcy Release Landscape After Purdue
In its Purdue Pharma ruling prohibiting nonconsensual third-party releases, the U.S. Supreme Court did not comment on criteria to render a third-party release consensual, opening a debate in the bankruptcy courts on the permissibility of opt-out versus opt-in releases, say attorneys at Morgan Lewis.
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Comparing Antitrust Outlooks Amid Google Remedy Review
As the U.S. Justice Department mulls potential structural remedies after winning its recent case against Google, increased global scrutiny of Big Tech leaves ex post and ex ante antitrust approaches ripe for evaluation, say Nishant Chadha at the Indian School of Business and Manisha Goel at Pomona College.
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Title VII Compliance Lessons From Raytheon Age Bias Suit
A Texas federal court’s recent refusal to dismiss age discrimination claims from a former Raytheon employee, terminated after he admitted to acts that Raytheon says violated its harassment policy, nonetheless illustrates strategies employers can use to protect themselves when facing competing Title VII workplace obligations, say attorneys at Segal McCambridge.
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Election Could Bring Change In Weather For Offshore Wind
Under another Trump administration, the offshore wind sector would encounter substantial headwinds, as Trump's policy track record emphasizes fossil fuel dominance and environmental rollbacks, while a Harris victory would likely further entrench the pro-renewable energy stance taken by the Biden administration, say attorneys at Jones Walker.
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Striking A Balance Between AI Use And Attorney Well-Being
As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.
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Insurance Industry Impacts If DOL Fiduciary Rule Is Revived
If implemented following an ongoing appeal at the Fifth Circuit, the U.S. Department of Labor’s rule expanding the Employee Retirement Income Security Act's definition of "fiduciary" could chill insurance agents’ and brokers' ability to sell annuities, and lead to an increase in breach of fiduciary duty lawsuits, say attorneys at Alston & Bird.
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Empathy In Mediation Offers A Soft Landing For Disputes
Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.
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Series
Being An Artist Makes Me A Better Lawyer
My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.
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How Judiciary Can Minimize AI Risks In Secondary Sources
Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.
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Jarkesy May Short-Circuit FERC Enforcement Cases
As a result of the U.S. Supreme Court's June decision in U.S. Securities and Exchange Commission v. Jarkesy, the Federal Energy Regulatory Commission recently suspended an enforcement proceeding under the Natural Gas Act — and the commission's customary use of administrative hearings in such proceedings could face major changes, say attorneys at Willkie.
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How Attorneys Can Break Free From Career Enmeshment
Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.