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California
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February 04, 2025
9th Circ. Revives FCA Suit Over Military Meds Deliveries
The Ninth Circuit on Tuesday revived a whistleblower lawsuit accusing Express Scripts Inc. of defrauding the U.S. Department of Defense out of billions of dollars in unnecessary medications for military personnel, saying the lawsuit wasn't barred by any public disclosures of the alleged fraud.
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February 04, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
February is off to a rip-roaring start in several circuits, and there's plenty more action ahead, including a moment of truth for judiciary policymaking that has managed to anger both the defense and plaintiffs bars. We'll explore all that in this edition of Wheeling & Appealing, which also includes an appellate quiz pegged to recent presidential news.
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February 04, 2025
Fortis Says $440M 3D Printing Fraud Suit Can Proceed
Fortis Advisors LLC is urging a California federal court not to pause its $440 million fraud suit against Israeli-American 3D printer manufacturer Stratasys Ltd. as the two arbitrate related claims over allegedly miscalculated earn-out payments, saying the litigation must proceed now.
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February 04, 2025
Calif. Partly Beats Challenge To Climate Disclosure Laws
A California federal judge has trimmed a lawsuit brought by the U.S. Chamber of Commerce and other business groups over the state's corporate climate disclosure rules, finding the groups failed to state a claim with respect to two causes of action.
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February 04, 2025
Wells Fargo Clears 2 More Consent Orders Amid Rehab Efforts
The Federal Reserve said Tuesday that Wells Fargo & Co. has exited a pair of mortgage-related consent orders from more than a decade ago, another step forward in the banking giant's regulatory rehabilitation efforts.
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February 04, 2025
OpenAI Judge Rips Musk's 'Broad' Bid To Block For-Profit
A California federal judge indicated Tuesday she'll likely deny Elon Musk's bid to preliminarily block OpenAI Inc. from transitioning into a for-profit enterprise, criticizing Musk's filings for being vague and broad and saying she'll toss some claims, while adding "something is going to trial in this case."
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February 04, 2025
Walmart's Win In Fatal Shooting Suit Backed By Calif. Court
A California state appellate court on Tuesday upheld a defense verdict for Walmart in a suit accusing the retailer of negligently storing handgun ammunition that purportedly allowed a man to steal several boxes and go on a crime spree, killing two people.
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February 04, 2025
Calif. AG Backs Tribes In Bid To Protect Cultural Resources
California's attorney general has won his bid to intervene in a consolidated suit challenging a county's approvals for a roadside attraction proposed to be built along Highway 101, saying the county violated environmental standards and failed to consult with Native American tribes.
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February 04, 2025
UC System Accused Of Racial Discrimination In Admissions
A group of students seeking to apply for admission to University of California campuses sued the state university system on Monday, claiming in California federal court that UC schools, especially its law schools, were discriminating against Asian American and white applicants by preferring Hispanic and Black students.
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February 04, 2025
Calif. Women Drops Bindle Bottle Suit Over Lead
A maker of water bottles will not have to face an Oakland woman's lawsuit accusing it of selling products with high levels of lead after a California federal judge approved a request by both sides to permanently dismiss her claims.
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February 04, 2025
LinkedIn Shares Users' Info With Meta And Adobe, Suit Says
LinkedIn has been hit with a proposed class action in California federal court alleging it illegally shared with Meta and Adobe personal information belonging to its LinkedIn premium subscribers who watched online training courses on its LinkedIn Learning platform without their knowledge or permission.
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February 04, 2025
Swimmers Again Seek Cert., With 9th Circ's Reversal In Hand
Professional swimmers have again asked a California federal judge to certify hundreds of competitors accusing swimming's international governing body of organizing a group boycott against an upstart league, now armed with a Ninth Circuit decision that both revived their case and said class certification was improperly denied.
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February 04, 2025
Calif. AG Gets $25M To Fund Legal Fights Against Trump
The California Legislature greenlighted a $25 million cash infusion Monday for the state attorney general's office in a strategic effort to bolster the state's legal defenses against President Donald Trump's policy agenda, including anticipated challenges to immigration and environmental regulations.
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February 04, 2025
Calif. Agency's Individual Claims Against Grocer May Be Axed
A California state judge on Tuesday told attorneys with the California Civil Rights Department that she doesn't think the law allows it to seek individual damages on behalf of the roughly 1,000 applicants it says were illegally denied jobs by a supermarket chain due to their criminal history, calling it a "problem" with the case.
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February 04, 2025
Lawmakers Hit Replay On Bill For Singers' Radio Royalties
Lawmakers in Congress have reintroduced legislation that would require radio broadcasters to pay artists when playing their music, a measure that would address what the recording industry has called a legal loophole in which songwriters and publishers get paid — but not performers and labels — when radio stations play their music.
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February 04, 2025
VedderPrice Eyes West Coast IP Growth With DLA Piper Hire
VedderPrice said Tuesday that it has hired a former partner at DLA Piper's Silicon Valley office to help grow its intellectual property offerings on the West Coast, touting his experience in the technology sector.
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February 04, 2025
MGA Must Pay $71M For Copying OMG Girlz Dolls, Judge Rules
A California federal judge has affirmed a $71.4 million verdict against MGA Entertainment after jurors last year found a line of dolls from the toymaker infringed the trade dress and publicity rights of the OMG Girlz pop group owned by hip-hop moguls Clifford "T.I." and Tameka "Tiny" Harris.
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February 04, 2025
Southern Glazer's Wants FTC Unfair Pricing Suit Canned
Southern Glazer's asked a California federal judge Monday to dismiss the Federal Trade Commission's first price discrimination lawsuit in 25 years, arguing that even if the "mistaken economic theory" undergirding it holds true, dissents from the FTC's Republicans illustrate why the case fails anyway.
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February 04, 2025
Trial Atty, Ex-Rep. Sister And Son Trio Start San Diego PI Firm
A longtime San Diego trial attorney is teaming up with his son and his sister, a former California congresswoman, to start a new law firm focused on personal injury, business and mass tort law, the firm said Monday.
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February 04, 2025
Pauly Shore's Bid To End Comedy Store Assault Suit Flops
A California state judge on Tuesday rejected actor and comedian Pauly Shore's early bid to toss a lawsuit accusing him of directing bouncers at his famed club, The Comedy Store, to violently grab and assault a patron in 2022.
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February 04, 2025
Entertainment Cos. Stiff Workers On Wages, Suit Says
A former stagehand is suing the entertainment companies behind Coachella and many sporting events in California state court, saying she and other hourly workers are required to drive as much as three hours away from their homes for work without any compensation.
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February 04, 2025
'Is This A Joke?' Judge Denies Atty Fees For Grocery Patrons
A California federal judge had so little tolerance for shoppers claiming victory and seeking attorney fees from the abandoned Kroger-Albertsons merger that in tossing their motion and underlying lawsuit he noted with incredulity, "Plaintiffs are actually making these arguments."
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February 04, 2025
Meta Attacks Insurers' Bid To Remand Social Media MDL Row
Meta asked a Delaware federal court to postpone ruling on its insurers' request to remand a dispute over coverage for thousands of suits alleging harm from the company's social media platforms, saying the action will likely soon be transferred to multidistrict litigation in California alongside the underlying claims.
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February 04, 2025
Calif. Insurer Can't Get Tax Refund On In-State Shipments
A California insurance company can't get a refund of sales taxes paid when it placed orders with three vendors located out of state that the vendors fulfilled with shipments from within the state, the California Office of Tax Appeals ruled.
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February 04, 2025
InterDigital Targets Disney+, Hulu, ESPN+ In Patent Claim
InterDigital Inc. said Monday that it has filed patent infringement claims against The Walt Disney Co. in several jurisdictions, alleging that the entertainment giant is using its video technology without a license.
Expert Analysis
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Top 10 Healthcare And Life Sciences Issues To Watch In 2025
Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.
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Why Trump's FTC May Not U-Turn On Robinson-Patman
The Federal Trade Commission's recent revival of Robinson-Patman Act enforcement may well be here to stay under the Trump administration — albeit with some important caveats for businesses caught in the government's crosshairs, say attorneys at Reed Smith.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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A Look At Shifting Legal Landscape For Data Brokers
An increasingly complex legal landscape at both the federal and state levels has expanded the types of businesses classified as data brokers, so consumer-facing businesses should consider their designations under these new regulations and any consequences for compliance and business operations, say attorneys at Morrison Foerster.
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State AG Enforcement Is Poised For Another Pivot In 2025
Backed by a Republican-controlled U.S. House of Representatives and Senate, the Trump administration intends to make substantial policy changes, and attorneys general of both parties around the country are preparing their response playbooks, say attorneys at WilmerHale.
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Del. Dispatch: Lessons From Failed Albertsons-Kroger Merger
The allegations in Albertsons' lawsuit against Kroger following the grocery stores' blocked merger demonstrate how a target company can best ensure that a buyer timely and effectively complies with its obligations to pursue the necessary regulatory approvals for a deal, say attorneys at Fried Frank.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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What Vinyl Acetate's Prop 65 Listing Means For Cos.
California's recent move to add vinyl acetate to the Proposition 65 list of carcinogens, with enforcement starting later this year, will have sweeping compliance and risk implications for businesses in the retail, food and beverage, paint, adhesive, industrial manufacturing, and personal care product industries, say attorneys at Alston & Bird.
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Opinion
Commercial Tree Thinning Should Be Part of Wildfire Control
The devastating wildfires currently afflicting California make it clear that the U.S. Forest Service should step up its use of methods including commercial tree removal to lower fire risk — but litigation that drags on for years stymies many of these efforts and endangers the public, says Jeffrey Beelaert at Givens Pursley.
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High Court Could Further Limit Deference With TCPA Fax Case
The Supreme Court's decision to hear McLaughlin Chiropractic Associates v. McKesson, a case involving alleged junk faxes that centers whether district courts are bound by Federal Communications Commission rules, offers the court a chance to possibly further limit the judicial deference afforded to federal agency interpretations of statutes, says Samantha Duke at Rumberger Kirk.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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More Environmental Claims, More Greenwashing Challenges
As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.
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And Now A Word From The Panel: How MDLs Fared In 2024
A significant highlight of the Judicial Panel on Multidistrict Litigation's practice during 2024 was the increase in the percentage of new MDL petitions granted by the panel, with 25 granted and only eight denied — one of the highest grant rates in years, says Alan Rothman at Sidley.