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Cannabis
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September 04, 2025
10th Circ. Ends Huffing Death Product Liability Suit
The Tenth Circuit refused to revive a Kansas man's proposed class action seeking damages against the makers of canned compressed air after his adult son fatally inhaled their product, saying the manufacturers can't be held liable because intentionally huffing the toxic gases in the product is against state law.
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September 04, 2025
Philip Morris Gets Wash. Tobacco Deal Fight Sent To Arbitrator
A Washington state judge has ordered R.J. Reynolds Tobacco Co. to arbitrate rival Philip Morris USA Inc.'s claims that it breached a 2017 deal delineating billions of dollars in annual payments owed to states for Big Tobacco's public health toll by signing a new $277 million agreement with Washington in April.
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September 04, 2025
Ohio Cannabis Card Network Sued Over Faulty Cybersecurity
An Ohio man is suing Ohio Medical Alliance LLC in federal court, alleging that its lackluster cybersecurity measures exposed more than 950,000 records containing private health information for its users.
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September 04, 2025
NFL, Broncos Want Ex-Player's Reshuffled Weed Suit Tossed
A former NFL player's deletion of references to the league's collective bargaining agreement should not save his suit against the NFL over his punishment for violating its substance abuse policy, the league and his former team told a Colorado federal judge in a bid to drop the suit.
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September 03, 2025
Hemp Cos. Drop Challenge To Ark. Regulations
Hemp companies who challenged an Arkansas state law restricting hemp-derived intoxicating products are seeking to end their lawsuit, months after the Eighth Circuit dashed their efforts to temporarily block the statute's enforcement.
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September 03, 2025
4th Circ. Denies Injunction In Md. Cannabis Licensing Challenge
A California cannabis entrepreneur lost her bid to upend Maryland's social equity licensing program Tuesday when the Fourth Circuit ruled that the state's policies seeking to address inequalities within the cannabis industry are not discriminatory.
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September 03, 2025
Stoel Rives Gets Pot Co. Fraud Case Sent To Arbitration
A California federal judge has sent a nonalcoholic cannabis beer company's claims alleging it was duped by Stoel Rives LLP and its clients into spending $2.2 million on an illicit business to arbitration, saying it can't escape a valid arbitration clause by refusing to participate.
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September 02, 2025
Lowenstein Sandler Fights To Keep Fee Battle With Firm Alive
Lowenstein Sandler LLP urged a New Jersey state court to reject a bid seeking to trim its lawsuit against Trif & Modugno LLC in a legal battle over allegedly unpaid legal services rendered to a cannabis dispensary, saying its claims against the firm are over dishonest business practices and not legal malpractice.
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September 02, 2025
Cannabis Co. Seeks To Toss Ex-COO's Fla. Whistleblower Suit
A Canadian cannabis company urged a Florida federal court to toss a whistleblower lawsuit brought by its former chief operating officer alleging he was wrongly terminated for attempting to bring facilities into compliance with safety standards, saying the complaint fails to state a plausible claim.
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September 02, 2025
11th Circ. Upholds 15-Year Sentence In Armed Career Case
The Eleventh Circuit on Tuesday ruled that a man's 15-year prison sentence in a federal firearms case did not violate the equal protection clause of the U.S. Constitution, even though a federal judge used a previous marijuana conviction to enhance the sentence.
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September 02, 2025
Mass. Top Cannabis Regulator Wins Job Back
A Massachusetts state court judge reinstated the state's chief cannabis regulator Tuesday, finding that while her behavior may have been "abrasive, boorish, inconsiderate, ill-tempered, imprudent and/or otherwise unreasonable," it did not rise to the level of a firable offense.
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September 02, 2025
FDA's New Cigarette Warning Label Rule Tossed By Ga. Judge
A Georgia federal judge has vacated a U.S. Food and Drug Administration rule that would add graphic warnings to cigarette labels, saying that while the rule wasn't in violation of the Family Smoking Prevention and Tobacco Control Act, it was promulgated without "observance of procedure required by law."
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September 02, 2025
Pot Cos. Say Berkshire Hathaway Unit Must Cover Death Suit
A group of cannabis companies said a Berkshire Hathaway unit must cover their defense in an underlying suit over a worker's death, telling a Florida federal court that the allegations trigger either the policy's workers' compensation coverage or employers' liability coverage.
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August 29, 2025
Ohio Cannabis Co. Sued Over Exposing Patient Info
An Ohio company that helps patients secure medical marijuana cards was hit with a new wave of proposed class actions, accusing it of failing to safeguard nearly a million of its customers' sensitive personal records, with the company now facing at least five lawsuits over alleged lax security.
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August 29, 2025
NY Tribe Wants Smoke Shop Sanctioned For Flaking On Records
Two smoke shop operators will be slapped with sanctions unless they come up with good reasons for why they disregarded a New York federal court order requiring them to turn over cannabis sales records to the Cayuga Nation in their legal battle with the tribe.
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August 29, 2025
GardaWorld Can't Avoid Tobacco, Vaccine Health Fee Suit
A North Carolina federal judge trimmed — but refused to toss — a proposed class action challenging a security company's health plan surcharges to employees who refused COVID-19 vaccinations and who use tobacco, opening discovery on claims that the fees violated nondiscrimination provisions in federal benefits law.
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August 29, 2025
Vape Groups Say Wisconsin Law Preempted By Federal Policy
A coalition of vaping interests urged a Wisconsin federal judge not to dismiss their challenge to a new state law that bans the sale of e-cigarettes not approved by the U.S. Food and Drug Administration, a law they allege is blocked by federal policy.
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August 29, 2025
House Dems Reintroduce Marijuana Legalization Bill Again
Democrats in the U.S. House of Representatives once again reintroduced a federal marijuana legalization bill that previously passed the chamber twice when it was under Democratic control, but has never gained traction in the U.S. Senate or under a majority-Republican House.
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August 28, 2025
Black Owner Of Hemp Shop Accuses LA Police Of Illicit Raids
A Black entrepreneur claims that the Los Angeles Police Department conducted multiple unlawful raids on his hemp shop that ultimately put him out of business, according to a lawsuit filed in California federal court that seeks $15 million in damages and suggests that the police's targeting was racially motivated.
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August 28, 2025
Medical Pot Cos. Sue To Shutdown Most Of Pa.'s Hemp Market
Medical marijuana dispensaries owned by Jushi Inc. are asking a Pennsylvania state court to block local retailers from selling and distributing a range of intoxicating hemp products, claiming these illicit shops are "deceiving consumers and unlawfully diverting sales" away from their licensed businesses.
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August 28, 2025
Cannabis Biz Says Long Island Town Illicitly Blocked Opening
A cannabis company alleged in a new state court lawsuit that the Long Island town of Southampton improperly invoked a local zoning law to prevent the opening of a marijuana store that had secured state approval for retail and deliveries.
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August 27, 2025
Investor Wants $250K, SUV Returned In Cannabis Venture
A Los Angeles investor is suing a number of people and entities who convinced him to sink $325,000 into a real estate and cannabis dispensary holding company, only to end up with no shares in the business and to discover the company's success was exaggerated.
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August 27, 2025
10th Circ. Revives Cannabis User's Gun Possession Charge
The Tenth Circuit on Tuesday reversed a lower court's decision finding that a law banning marijuana users from owning guns was unconstitutional, saying that more facts were needed to determine whether the Second Amendment was infringed in this particular case.
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August 27, 2025
Iowa Vape Group Asks 8th Circ. To Keep E-Cig Law On Ice
A group of vape sellers and buyers are urging the Eighth Circuit not to overturn an order blocking enforcement of an Iowa law requiring that e-cigarettes go through U.S. Food and Drug Administration authorization to be sold in the state, saying the trial court correctly found that the law is preempted.
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August 26, 2025
DC Seeks Toss Of Challenge To Cannabinoid Rule
There is nothing unconstitutional about the District of Columbia's laws which lump delta-9 THC into same category as marijuana and mandates all sellers to obtain a medical cannabis license, the city told a federal court, urging it to dismiss a lawsuit seeking to upend the city statutes filed by a hemp retailer whose shop was shut down.
Expert Analysis
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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Preparing For DEA Rescheduling Of 2 Research Chemicals
A recent decision to allow the U.S. Drug Enforcement Administration to reclassify two research psychedelics in Schedule I under the Controlled Substances Act may pose significant barriers to scientific study, including stringent registration requirements, heightened security protocols and burdensome reporting obligations, say Kimberly Chew at Husch Blackwell and Jackie von Salm at Psilera.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Advice For 1st-Gen Lawyers Entering The Legal Profession
Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.
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High Court E-Cig Ruling Opens Door For FDA Challenges
There will likely be more challenges to marketing denial orders brought before the Fifth Circuit following the Supreme Court's recent ruling in U.S. Food and Drug Administration v. R.J. Reynolds Vapor Co., where litigants have generally had greater success, say attorneys at Troutman Pepper.
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9th Circ. Qualified Immunity Ruling May Limit Phone Searches
Though the Ninth Circuit affirmed police officers’ qualified immunity claims in Olson v. County of Grant earlier this year, it also established important Fourth Amendment precedent on the use of cellphone extractions that will apply more broadly in criminal investigations and prosecutions, say attorneys at The Norton Law Firm.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Breaking Down The Proposed Hemp Bill
A proposed bill in the U.S. House of Representatives, recently approved by the House Appropriations Committee, contains a rider that would significantly change the definition of hemp and dramatically reshape the current hemp-derived product market, say attorneys at King & Spalding.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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How To Prep For Potential Passage Of SAFER Banking Act
The Secure and Fair Enforcement Regulation, or SAFER, Banking Act, could fundamentally reshape how financial institutions interact with cannabis businesses, so operators that move now to get their house in order will be best positioned to capitalize if and when change comes, says Alex Leonowicz at Howard & Howard.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.