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California
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June 10, 2025
Feds Fight Calif. Tribe's Bid To Undo BIA Organization Rule
The federal government is fighting a D.C. Circuit appeal by nine California Valley Miwok Tribe members who are looking to overturn a lower court order allowing an expansion of the tribe's organization, arguing the decision was not arbitrary and capricious.
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June 10, 2025
Calif. Gets Hearing On Bid To Stop Trump's Troop Deployment
A California federal judge Tuesday gave the Trump administration until Wednesday morning to respond to Gov. Gavin Newsom's request to immediately block the federal government's takeover of the state's National Guard unit in response to protests in Los Angeles sparked by federal immigration raids, and set a hearing for Thursday.
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June 10, 2025
9th Circ. Revives Real Estate Investor Securities Suit, Again
The Ninth Circuit on Tuesday once again revived a proposed securities class action accusing investment guru Grant Cardone of making misleading social media statements to sell interests in his companies' real estate investment funds, holding, among other findings, that the complaint sufficiently alleged Cardone "subjectively disbelieved" certain stated projections.
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June 10, 2025
First Republic Brass Beat Investor Suit Over Bank Failure
A California federal judge dismissed for good a shareholder suit against the former directors and officers of now-failed First Republic Bank and its auditor over the lender's 2023 collapse, finding that the plaintiffs failed to first exhaust their required administrative remedies and, therefore, the court does not have jurisdiction to hear the case.
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June 10, 2025
9th Circ. Says Legal Co.'s $1.7M Chase Check Suit Is Too Late
The Ninth Circuit affirmed a California federal court's ruling dismissing a suit by legal support company Nationwide Legal against JPMorgan Chase, saying its suit claiming Chase Bank acted negligently when it allowed a Nationwide Legal employee to deposit fraudulent checks was time-barred.
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June 10, 2025
Amazon Can't Duck Suit Over Non-FDA Approved Supplements
Amazon must face a proposed class action alleging it sells non-FDA approved supplements touting health-related claims without mandatory disclaimers, after a Washington federal judge rejected the company's argument the plaintiffs lack standing to pursue claims over supplements they never bought, finding the plaintiffs allege a uniform, systematic marketing practice.
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June 10, 2025
Key Insights On Looming Fair Use Rulings In AI Cases
Two California federal judges have indicated they are inclined to find that using copyrighted material to train artificial intelligence systems is transformative, which usually means that copying a work is fair, but that may not let Meta Platforms and Anthropic off the hook in separate lawsuits.
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June 10, 2025
Mazda Driver Says Emissions Claims Distinct From Calif. Case
A North Carolina federal judge didn't fairly consider how a Mazda driver's claims of excessive emissions in the state were distinct from a California matter that ended in a settlement he didn't opt out of, the driver argued in a motion to revive the case.
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June 10, 2025
9th Circ. Skeptical Oregon Hospital Merger Law Is Too Vague
A Ninth Circuit panel on Monday appeared skeptical of a hospital association's challenge to an Oregon law that grants a state agency broad power to block proposed healthcare consolidations to ensure equitable access to healthcare, with two of the three judges questioning whether federal law could limit the state's authority.
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June 10, 2025
Judge Denies Calif. Tribe's Bid To Restore Gaming Eligibility
A D.C. federal judge Tuesday declined to reinstate a California tribe's gaming eligibility for a casino-resort project in the San Francisco Bay Area while the U.S. Department of the Interior reassesses its approval, ruling that the tribe hasn't shown it would be imminently harmed by the eligibility suspension.
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June 10, 2025
LA Schools Get $30M Death Suit Verdict Nixed On Appeal
A California appeals panel has wiped out a $30 million verdict against the Los Angeles Unified School District in a suit by a mother whose son was killed by an employee during Christmas break 2019, saying state law grants immunity to the district in this instance.
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June 10, 2025
Edward Jones Among 5 Firms Paying $9.3M Over Inflated Fees
Edward Jones, TD Ameritrade and three other wealth adviser firms have reached a $9.3 million settlement with the North American Securities Administrators Association after having been accused of overcharging fees for small-dollar investors.
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June 10, 2025
Tribes' Effort To Overturn Ore. Casino Land Decision Halted
A D.C. federal court judge hit pause on a bid by three tribes to vacate the U.S. Department of the Interior's final determination and environmental impact statement in a dispute over the agency's decision to take land into trust for Oregon's Coquille Indian Tribe for a proposed casino project.
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June 10, 2025
Farella Braun Wins Partial Fee Award In FDIC Dispute
A California federal judge has awarded Farella Braun & Martel LLP around $10,000 in attorney fees for the work its lawyers did for the bankrupt parent of Silicon Valley Bank, finding the receiver for the bank, the Federal Deposit Insurance Corp., failed to comply with discovery orders.
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June 10, 2025
LA Real Estate Agent Admits Obstructing IRS
A Los Angeles commercial real estate broker pled guilty to obstructing the Internal Revenue Service's attempts to collect thousands of dollars in unpaid taxes by willfully hiding his income and assets from the agency, the U.S. Department of Justice announced Tuesday.
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June 10, 2025
Stability AI, Others Fear Artists' Expert Might Use Their Info
Stability AI and other artificial intelligence art platforms urged a California federal magistrate judge Tuesday to block an artists' expert in a proposed copyright infringement class action from having access to their confidential information, their lawyer arguing the professor is a "functional competitor" who created software to "sabotage" his clients' products.
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June 10, 2025
Apple Faces Class Cert. Bid Over AirTag Stalking Risks
Victims stalked by abusers of Apple's AirTag asked a California federal judge to certify their proposed class action, arguing their negligence and product liability claims can be adjudicated in one fell-swoop since they rest on the same question of whether the tag's design unreasonably put them at risk of harm.
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June 10, 2025
9th Circ. Says Immigration Board Can Review Atty Failure
The Ninth Circuit ruled Tuesday that the Board of Immigration Appeals failed to adequately explain its conclusion that it couldn't review a Chinese man's claims of ineffective counsel before the appeals court.
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June 10, 2025
Trump Wind Farm Pause Has Stalled Projects, Judge Hears
A coalition of blue states and industry advocates told a federal judge on Tuesday that the recent mothballing of a New Jersey offshore wind project exemplifies the damage being inflicted by the Trump administration's unlawful decision to pause wind farm permitting.
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June 10, 2025
OpenAI Hit With Trademark Suit Over IO Co. Name
Technology company IYO Inc. has accused OpenAI and its CEO Sam Altman of knowingly infringing its trademark when the company acquired competitor IO Products Inc. last month.
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June 10, 2025
Photographer Says Marlon Wayans Took Pot Pic
Marlon Wayans, star of such films as "White Chicks" and "Scary Movie," was hit with a copyright infringement lawsuit on Tuesday by a photographer who claims he used her image of a Ziploc bag filled with marijuana on his Facebook account without permission.
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June 10, 2025
Nev. Pension Plan Urges 9th Circ. To Ax DOJ Military Bias Suit
Pension credits bought by military service members aren't an accrued benefit under the Uniformed Services Employment and Reemployment Rights Act, Nevada's public employee retirement system argued, urging the Ninth Circuit not to revive the U.S. Department of Justice's suit alleging the state and system overcharged employees for the credits.
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June 10, 2025
Biopharma Co. Unit Hopes To Shed Empty Facilities In Ch. 11
A subsidiary of biopharmaceutical manufacturer National Resilience Holdco Inc. filed for Chapter 11 protection Tuesday in Delaware bankruptcy court with a reorganization plan involving shutting down offices, manufacturing sites and labs it described as "underutilized."
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June 10, 2025
Amazon Can't Fully Escape Waist Trainer Skin Rash Suit
A California federal judge declined to fully dismiss a proposed class action against Amazon.com alleging it sold waist trainers that left users with skin injuries and rashes, saying they adequately claimed there is a defect in the products that the company failed to warn them about.
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June 10, 2025
Blue States Back Harvard In $2.2B Funding Freeze Fight
A coalition of 20 states and the District of Columbia filed a brief supporting Harvard University's bid for a pretrial win in its challenge to the Trump administration's move to freeze $2.2 billion in funds, telling a Massachusetts federal judge that the president's attacks on universities are "an attack on the states themselves."
Expert Analysis
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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.
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Opinion
Legal Personhood Can Give Natural Entities Their Day In Court
Granting legal personhood to natural entities like the River Thames, or vulnerable species like the Pacific bearded seal and Arctic ringed seal, could protect them from ecological threats and the vagaries of politics, and help us transform our relationship with nature, says Sachin Nandha at the International Centre for Sustainability.