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Cannabis
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October 03, 2025
Fed. Challenge To Ala. Pot Regulators Must Wait For State Suit
An Alabama federal judge has paused a prospective medical marijuana business's lawsuit that claims it was wrongfully denied a license in retaliation for litigation it initiated, saying he wants to see how things play out in a nearly identical state court case first.
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October 03, 2025
Investor Claim Cannabis Co. Seller Hid $16M In Unpaid Taxes
California cannabis company Prime Harvest Inc. claims it was fraudulently induced into buying a cannabis distribution business that was saddled with $16 million in unpaid taxes, asking a state court to force the sellers to take back the distributor.
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October 03, 2025
Vape Cos. Tell 5th Circ. FDA Erred On Flavored E-Cigs
Multiple vaping companies told the Fifth Circuit that the U.S. Food and Drug Administration overstepped its authority when it blocked approval of their flavored e-cigarettes since it skipped a full review of the available information, including the regulator's own survey data showing that minors aren't using them.
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October 03, 2025
Pot Co. Urges 9th Circ. To Revive Labor Peace Law Challenge
A cannabis retailer challenging the constitutionality of a California law that requires marijuana businesses to have labor peace agreements with unions is urging the Ninth Circuit to revive its lawsuit against the state.
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October 03, 2025
The Roberts Court At 20: How The Chief Is Reshaping America
Twenty years after John Roberts became the 17th chief justice of the United States, he faces a U.S. Supreme Court term that's looking transformative for the country and its institutions. How Justice Roberts and his colleagues navigate mounting distrust in the judiciary and set the boundaries of presidential authority appear increasingly likely to define his time leading the court.
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October 02, 2025
8th Circ. Won't Rehear Worker's Wrongful THC Firing Case
The Eighth Circuit on Wednesday declined to review its decision affirming a win for Peco Foods Inc. against a worker who claims he was wrongfully fired after testing positive for THC, keeping in place a panel ruling that Arkansas' at-will employment doctrine allowed for the termination.
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October 02, 2025
Investors Claim $1.7M Stolen In Colorado Pot Co. Fraud
The partial owner of a now-defunct marijuana company in Boulder, Colorado, has been accused in a state court lawsuit of conning investors out of more than $1.7 million by claiming they were buying into a grow and dispensary operation while actually pocketing "some or all" of the money.
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October 02, 2025
Fla. Appeals Court Seeks Higher Guidance On Pot Smells
A man searched by police officers due to a marijuana odor emanating from a car he was sitting in cannot have the fact that drugs were found in his sock be suppressed, a Florida state appeals court affirmed while asking the state's highest court to clarify whether police could search him today under such circumstances.
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October 02, 2025
4 Mass. Rulings You May Have Missed In September
One attorney scored an early exit from a malpractice suit, another must face a long-delayed arbitration, and a judge has requested more information on a proposed settlement in a class action brought by gamblers at a Massachusetts casino. Here are four rulings from Suffolk Superior Court's business litigation session in September.
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October 02, 2025
Vaping Co. Escapes Fume 5% Nicotine Label Suit, For Now
A Florida federal judge has tossed a proposed class action claiming that vape company QR Joy Inc. falsely advertises its Fume vaping products as having 5% nicotine when it is more than the amount in a combustible cigarette, saying it's a "shotgun" pleading.
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October 02, 2025
Oregon Cannabis Wholesaler Challenges Interstate Sales Ban
An Oregon marijuana and hemp wholesaler alleged in a new federal lawsuit Wednesday that a state law prohibiting interstate sales of locally cultivated cannabis is unconstitutional.
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October 02, 2025
Wis. E-Cig Law Treads On FDA's Turf, Vape Cos. Tell 7th Circ.
A group of vaping interests is urging the Seventh Circuit to issue an order blocking enforcement of a new Wisconsin law prohibiting the sale of e-cigarettes not approved by federal regulators, saying the district court was wrong in finding that the law is not preempted by the Food, Drug, and Cosmetic Act.
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October 01, 2025
LIRR Won't Owe Worker Back Pay Over Pot Firing
A New York federal judge ended a union's lawsuit seeking to secure back pay for a Long Island Rail Road worker who was fired after testing positive for marijuana but subsequently reinstated, saying the arbitration panel in the grievance acted within its authority under the Railway Labor Act.
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October 01, 2025
Ex-Akerman Employment Partner Accuses Firm Of Race Bias
A veteran employment attorney alleges in a California state lawsuit that Akerman LLP treated her less favorably than her non-Latino and male colleagues, including requiring her to deliver bad news to other attorneys' clients and not giving her adequate support staff, before firing her in retaliation for taking medical leave.
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October 01, 2025
LA Pot Cos. Kept Tips, Denied Breaks, Budtender Claims
The owners of the Herbarium chain of dispensaries in Los Angeles fired a budtender after she spoke up about unpaid overtime, the lack of lunch breaks and stolen tips, according to a wrongful termination suit and a proposed class action she filed in state court.
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October 01, 2025
Justices Asked To Review Gun Ban For Marijuana Users
A marijuana user has asked the U.S. Supreme Court to hear his case arguing that a federal law prohibiting drug users from owning guns runs afoul of the Second Amendment.
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October 01, 2025
Judge Warns Of 'Bickering' In Creditor's Row With Law Firm
An Illinois federal judge on Wednesday gave Chicago law firm Johnson & Bell LLP just under two weeks to produce records or a privilege log to a New York creditor who says the firm unlawfully "paid itself" with a client's $500,000 settlement, and encouraged the parties to "take a breath" in what she called one of the most contentious cases on her docket.
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October 01, 2025
4th Circ. Nixes Cannabis Entrepreneur's Rehearing Bid
The Fourth Circuit on Tuesday rejected a California cannabis entrepreneur's request for an en banc rehearing of her case after a panel rejected her bid to upend Maryland's marijuana social equity licensing program.
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October 01, 2025
Mass. Court May Reluctantly Back DQ In Cannabis Feud
A "frustrated" intermediate appellate court in Massachusetts appeared unlikely Wednesday to second-guess a lower court's disqualification of counsel in a dispute over control of a cannabis business, even as it questioned whether it would make any difference in the ultimate outcome.
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September 30, 2025
Pot Broker Sues Over Misclassification, Seeks Lost Wages
A Florida-based company that sells cannabis franchises is accused of illegally classifying an employee as an independent contractor in order to avoid paying him "hundreds of hours" in wages and benefits he earned as a salesman, according to a lawsuit filed Tuesday in Massachusetts federal court.
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September 30, 2025
Wis. Legislators Trying Again To Legalize Medical Cannabis
Republican state lawmakers in Wisconsin have introduced a bill to legalize smokeless cannabis products for medical use, more than a year and a half after a similar proposal died.
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September 30, 2025
Altria Loses Out On $38M Refund On Foreign Subsidiaries
Tobacco products maker Altria is not entitled to a $38 million tax refund on foreign subsidiaries, a Virginia federal court found, saying the company was an indirect shareholder through its interest in Anheuser-Busch and therefore owes taxes on its portion of the subsidiaries' income.
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September 29, 2025
Supreme Court Considers 7 Patent Petitions
The U.S. Supreme Court held its first conference Monday, presenting the justices with several petitions of interest to patent practitioners before the court's new term kicks off next week.
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September 29, 2025
Trulieve Says Berkshire Hathaway Must Defend Death Suit
An insurance company owned by Berkshire Hathaway has a duty to provide legal defense for Trulieve, which is being sued in Massachusetts state court over a cannabis worker's death, the medical marijuana company argued, telling a federal court that the insurer's responsibility is immediate, even if it turns out the policy doesn't actually cover the suit.
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September 29, 2025
Congress Members Urge Hemp Regulation, Not Prohibition
A bipartisan group of House lawmakers are coming out against language in an agriculture appropriations bill that would "deal a fatal blow" to the hemp industry, urging the chamber's leader instead to seek hemp regulation.
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.