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Cannabis
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August 13, 2025
NYC Pot Shops Can't Revive Suit Over Marijuana Crackdown
A federal judge will not reconsider his decision to end a lawsuit filed by more than two dozen companies that claim their due process rights were violated when New York City closed some of their stores on claims they were unlicensed cannabis operations, saying they brought nothing new for the court to ponder.
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August 13, 2025
Colo. Dispensary Says Weed Regulator Made Invalid Rule
The owners of a cannabis company told a state judge on Tuesday that an industry bulletin posted about them by Colorado's marijuana regulator was "quasi-legislative" and created new enforcement rules in the industry without approval.
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August 13, 2025
Cannabis' Social Equity Efforts In Doubt After 2nd Circ. Ruling
A Second Circuit decision Tuesday, finding that the Constitution's dormant commerce clause applies to the federally illegal marijuana industry, further constricts states' ability to implement programs intended to award so-called social equity licenses favoring those harmed by past cannabis prohibition, experts told Law360.
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August 13, 2025
Calif. Firm Says Pot Co. Co-Owners Stiffed On Buyout Deal
A California firm is suing its former business partners in state court, alleging that they failed to pay up on a partnership withdrawal agreement and still owe more than $280,000 for the firm's 15% share of a cannabis business.
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August 12, 2025
Vape Interests Defend Suit Against NC E-Cigarette Law
A group of vaping industry interests are fighting to keep alive their federal lawsuit that seeks to stop North Carolina's ban on many types of e-cigarettes, saying the state is interfering with the federal government's intentional approach to regulating the industry.
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August 12, 2025
Reynolds Asks Justices To Eye Patent Damages In $95M Case
R.J. Reynolds has asked the U.S. Supreme Court to review a $95 million verdict against it for infringing Altria vape patents, saying the Federal Circuit is flouting high court precedent that patent damages can only be based on the value of the patented features.
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August 12, 2025
2nd Circ. Rules Dormant Commerce Clause Covers Marijuana
A split Second Circuit panel on Tuesday ruled that, despite marijuana's federal illegality, the U.S. Constitution prohibits states from privileging their own residents when awarding licenses to cannabis businesses.
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August 12, 2025
Maryland Says It's Immune To Hemp Cos.' Challenge To Regs
The state of Maryland and its regulators are urging a federal court to toss hemp companies' challenge to a state regulation requiring licenses for intoxicating hemp-derived products, saying the claims are blocked by sovereign immunity under the 11th Amendment.
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August 11, 2025
Consumers Say Vape Makers Can't Escape Price-Fixing Suit
Buyers of cannabis vape brand CCell are pushing back on two bids seeking to dismiss their consolidated proposed consumer class action in California federal court accusing the Chinese manufacturers and U.S. distributors of organizing a price-fixing scheme, saying the companies' interpretation of antitrust law creates a legal loophole.
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August 11, 2025
Canadian CEO Nabs Partial Win In Border Dispute
The U.S. Department of Homeland Security cannot end a lawsuit accusing it of retaliating against the Canadian CEO of a cannabis harvesting equipment company, a Washington federal judge ruled, rejecting government arguments that the case is totally moot because it lifted its initial deportation order against the executive, noting that the government hasn't restored his trusted traveler status.
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August 11, 2025
Judge Rules NYC Can Enforce Kava Cafe Shutdowns
A Manhattan federal judge has ruled that New York City public health and safety officials were within their authority to issue shutdown orders to restaurants that served kava, a federally unregulated psychoactive plant derivative.
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August 08, 2025
Colo. Conviction Axed Over Man's 'Rambling' Midtrial Speech
A man who was allowed to go on an incoherent rant before a jury while wearing prison clothes and was subsequently sentenced to 12 years in prison for growing marijuana will get a new trial, a Colorado state appeals court said, finding that his unsworn ramblings undoubtedly deprived him of a fair hearing.
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August 08, 2025
LA Judges Tosses Suit Over $5.7M Pot Loss In Fire
A Los Angeles cannabis entrepreneur must pay the legal fees of his neighbor, whom he sued for $5.7 million on claims that the defendant allowed his property to become a fire hazard through lax safety standards and by allowing transient people to live there, resulting in an inferno which destroyed millions of dollars worth of cannabis flower.
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August 08, 2025
Vape Maker Must Arbitrate Claims Of Distributor Misconduct
A California federal judge has ordered the owners of a Hong Kong vape maker to arbitrate their claims accusing a competitor of trying to "usurp" their place in the market, concluding that an underlying arbitration agreement was applicable despite the competitor's founder not signing the pact.
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August 08, 2025
LAPD Wins Bid To Withhold 'Embarrassing' Body Cam Footage
The public will not get to see body-camera footage allegedly showing a Los Angeles police officer destroying an MRI machine after his rifle was pulled into its magnetic field during a raid on an X-ray clinic that was wrongly assumed to be a cannabis grow site, a California federal court ruled, seeking to avoid "embarrassing" the officers named in the civil suit.
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August 08, 2025
NY Court Tosses Challenge To Crackdown On Illicit Pot Shops
A New York state judge has dismissed a constitutional challenge to a crackdown on unregulated marijuana sellers, finding that city and state officials acted within their authority when they targeted the self-described cannabis club that brought the petition.
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August 08, 2025
NY Cannabis Sellers Urge Lawmakers To Fix Regulation Flap
New York cannabis retailers facing the revocation of their licenses due to a recent destabilizing shift in regulatory interpretation are urging Gov. Kathy Hochul and the state Legislature to take immediate action to ensure the continuity of their businesses.
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August 08, 2025
Massachusetts Sheriff Charged With Extorting Cannabis Shop
Suffolk County, Massachusetts, Sheriff Steven W. Tompkins was arrested Friday morning in Florida on extortion charges related to his demand for a stake in a cannabis dispensary — and a refund when his shares lost value — federal prosecutors announced.
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August 07, 2025
Class Action Over Kratom Extract Is Resolved
Consumers have agreed to drop a proposed class action against online Missouri hemp retailer CBD American Shaman LLC that accused it of deceptively marketing a concentrated kratom alkaloid, known as 7-OH, as a safe "natural" product while concealing its opioid-level addictiveness.
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August 07, 2025
Calif. Sheriff Says Criminal Law Enforceable On Tribal Land
A California sheriff is asking a federal judge to dismiss the latest complaint from the Round Valley Indian Tribes and three members alleging law enforcement illegally raided cannabis growers, saying criminal laws can still be enforced on tribal land.
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August 07, 2025
Kratom Buyers Take Addictiveness Suit To 9th Circ.
A proposed class of kratom buyers is appealing to the Ninth Circuit after their claims that Thang Botanicals and FTLS Holdings LLC misled them about the addictive qualities of kratom products were dismissed with prejudice.
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August 06, 2025
RJ Reynolds Keeps Trial Win In Cancer Death Suit, Panel Says
A Massachusetts intermediate-level appeals court on Wednesday affirmed RJ Reynolds' trial win in a suit accusing it of causing a man's lung cancer, saying a new trial was not warranted as the trial judge did not unfairly exclude certain evidence.
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August 06, 2025
Bong Maker Warned Of Sanctions After Repeated Errors
A Texas federal judge said Tuesday he's issued his last warning to a California-based bong maker which has filed nearly five dozen trademark infringement cases against head shops in North Texas, saying sanctions will come if the company keeps making the same procedural mistakes.
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August 06, 2025
US Asks High Court To Decide If Drug Users Can Have Guns
The Trump administration has asked the U.S. Supreme Court to resolve "a four-way circuit conflict" over whether it is legal to prevent users of drugs including marijuana, which has been legalized in some fashion in the vast majority of states, from possessing firearms.
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August 06, 2025
Pa. House Bill Seeks To Legalize, Tax Adult-Use Cannabis
Pennsylvania would legalize adult-use cannabis and impose a tax on its sale and cultivation under a bill introduced in the state House of Representatives.
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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Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits
The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.
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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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2025 May Be A Breakout Year For The Cannabis Industry
The cannabis industry faced a slow and frustrating 2024, but consumer trends continue to shift in favor of cannabis, and the new administration may provide the catalyst that the industry needs, says Lynn Gefen at TerrAscend.
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Scope And Nature Of Judicial Relief Will Affect Loper's Impact
The practical result of post-Loper Bright rulings against regulatory actions will depend on the relief courts grant — and there has been controversy in these types of cases over whether the ruling is applied just to the parties or nationwide, and whether the action can be left in place while it's corrected, says Steven Gordon at Holland & Knight.
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The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.
The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.
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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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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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Calif. Cannabis Decision Deepens Commerce Clause Divide
In Peridot Tree v. Sacramento, the Eastern District of California joined a growing minority of courts that have found the dormant commerce clause inapplicable to state-regulated marijuana, and the Ninth Circuit will soon provide important guidance on this issue, say attorneys at Perkins Coie.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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The Most Important Schedule I Drug Regulatory Shifts Of 2024
In 2024, psychedelics and cannabis emerged as focal points in medical research, marking a pivotal year in their legal and regulatory journey, but these developments presented both opportunities and challenges within this evolving field, say Kimberly Chew at Husch Blackwell and Stephen Kim at Avicanna.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.