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Hospitality
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March 27, 2025
Pa. Court Voids Theme Park's 'Click-Through' Contract
A Pittsburgh-area amusement park's online season tickets came with a "click-through" agreement to resolve disputes out of court that Pennsylvania appellate courts have said is not binding without including a clear warning, which a judge said justified not sending a proposed class action to arbitration.
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March 27, 2025
Curaleaf Units Slam Pot Farm's Sanctions Bid In $32M Suit
Two Curaleaf units are pushing back on a Michigan farm's bid for sanctions following a $32 million verdict in its favor, saying the farm is the party dragging proceedings out by seeking sanctions over a disagreement on the law.
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March 27, 2025
Gastropub Chain Bar Louie Hits Second Chapter 11 In 5 Years
Texas-based gastropub chain Bar Louie filed for Chapter 11 protection in Delaware, listing nearly $70 million of debt, about five years after the chain sold itself to creditors in a previous bankruptcy.
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March 26, 2025
Sotomayor Urges Caution On Nondelegation Doctrine Revamp
U.S. Supreme Court Justice Sonia Sotomayor cautioned her colleagues during oral arguments Wednesday against using a challenge to the Federal Communications Commission's administration of a broadband subsidy program as a way to resurrect the long-dormant nondelegation doctrine. Several conservative justices, however, seemed willing to disregard that admonition.
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March 26, 2025
Resort Developer Asks To Unwind Pre-Ch. 11 Equity Deal
California resort developer SilverRock Development Co. filed an adversary complaint in its Chapter 11 case Tuesday asking a Delaware court to unwind a pre-bankruptcy securitization transaction that converted preferred shares into secured debt.
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March 26, 2025
Wings Restaurant Illegally Retains Tips, Server Says
Wild Wing Cafe claimed a tip credit allowing it to avoid paying servers a full minimum wage, but then required workers to pool their tips and used the cash to pay for restaurant expenses, a proposed class and collective action filed in North Carolina federal court said.
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March 26, 2025
Sysco Can't Tap Out Of $50M Price-Fix Deal With JBS
Sysco can't back out of a $50 million agreement it made with JBS for the meat producer to exit sprawling litigation accusing it of working to fix the price of poultry, beef and pork, even though Sysco has since signed away its interest in the antitrust claims, a federal court has ruled.
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March 26, 2025
Pa. Panel Says Summer Camp Doesn't Make Worker Seasonal
An injured "excursion director" for a Pennsylvania campground can't be considered a seasonal employee — and thus entitled to less in workers' compensation — based solely on the camp's summer operations, a state appellate court ruled Wednesday.
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March 25, 2025
NJ Casinos Urge 3rd Circ. Not To Revive Room-Pricing Suit
Atlantic City casino-hotel owners have told the Third Circuit a lower court was right to toss a case accusing them of inflating room rates by using the same software to set prices because there's no problem with multiple businesses separately choosing to use the same service.
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March 25, 2025
A Look At 6 States Tussling Over Tort Reform Legislation
There are six state legislatures, mostly in the South, that are debating whether to install business-friendly tort reform legislation or dismantle medical malpractice guardrails. The bills run the gamut from potential game-changing legislation in Georgia, to efforts in Texas to cap certain types of personal injury damages.
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March 24, 2025
Live Nation Inks $20M Deal Over Swift Tour-Tied Investor Suit
Investors suing Live Nation Entertainment Inc. have asked a California federal judge to approve a $20 million deal ending claims that the company made misleading statements about its operations when news of alleged anticompetitive practices with Ticketmaster caused stock prices to drop following the tickets sales debacle for Taylor Swift's The Eras Tour.
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March 24, 2025
Calif. Hotel Operator Given 1 Week Of Interim Ch. 11 Financing
The owner and operator of a hotel in Southern California received a Delaware bankruptcy court's permission for a week of Chapter 11 financing after the judge said he would not approve MOM CA Investco LLC's initial debtor-in-possession funding proposal.
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March 24, 2025
Mich. Justices Partially Side With Disney In Escheat Fight
The Michigan Supreme Court ruled Monday that the state's audits of Disney and of IHOP's owner didn't pause the statute of limitations to require remittance of unclaimed property, but it said a lower court must determine whether the statute resets after an audit determination is issued.
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March 24, 2025
Colo. Judge Doubts Iffy Firing Facts Can Get Restaurant A Win
A Colorado federal judge was skeptical Monday that he, rather than a jury, should be the one to decide whether a seafood restaurant fired a worker because of her nationality or because she drank alcohol before a shift, in a suit brought by the U.S. Equal Employment Opportunity Commission.
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March 24, 2025
Children's Hospital Axes Suit Over Meta Info Sharing, For Now
A Minnesota federal judge tossed a proposed class action alleging a children's hospital used ad tracking software on its website that disclosed minor patients' sensitive information with Meta Platforms Inc., Google LLC and other third parties, saying the patients' parents don't have standing to sue.
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March 24, 2025
'Powering' Algorithm Not Enough To Merit Price-Fixing Claim
A California federal judge gave short shrift Friday to consumers' proposed class action price-fixing allegations against software provider SAS Institute Inc., which allegedly created a shared pricing algorithm that Hilton, Hyatt and other major chains used to fix and raise room rates nationwide.
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March 24, 2025
TTAB Denies Jack's Grill TM Over Confusion With Chain
The Trademark Trial and Appeal Board has denied an attempt by a California restaurant called Jack's Grill and Billiards Inc. to register its name, saying it would likely create confusion with Jack's Family Restaurants, a chain that has hundreds of locations in Alabama, Georgia, Mississippi and Tennessee.
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March 24, 2025
Justices Decline To Revisit Landmark Press Freedom Ruling
The U.S. Supreme Court on Monday denied casino mogul and Trump donor Steve Wynn's bid to overturn a landmark ruling on press freedom that established a high evidentiary standard for public figures to pursue defamation claims.
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March 21, 2025
Block & Leviton, Elsberg To Co-Lead Agiliti Squeeze-Out Suit
Block & Leviton and Elsberg Baker & Maruri have won co-lead counsel roles in a consolidated proposed investor class action in Delaware's court of chancery challenging an alleged squeeze-out of minority shareholders of medical equipment company Agiliti Inc.
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March 21, 2025
Fed Defends Swipe Fee Cap Against Ky. Pizzeria's Challenge
The Federal Reserve Board asked a Kentucky federal judge to uphold its existing cap on debit card swipe fees, defending the regulatory measure's substantive and procedural merits in a suit brought by a family-owned pizza shop operating in the state.
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March 21, 2025
MGM Says Atty Fees Shouldn't Be Triple Mich. Worker's Award
MGM Grand Casino said attorneys for a fired employee cannot recoup more than three times the $133,000 a Michigan federal jury awarded him earlier this year in his lawsuit alleging he was improperly denied religious accommodation from the company's COVID-19 vaccine policy.
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March 20, 2025
'Skill Games' Don't Define One's Character, Court Says
Pennsylvania regulators can't judge owners and operators of so-called skill games terminals as lacking "good character" solely because the Pennsylvania Gaming Control Board has concerns about the legality and effects of the games, the state Supreme Court ruled Thursday.
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March 20, 2025
Feds Ask High Court To Nix Mich. Tribal Land Trust Row
A Michigan tribe's analysis of a law governing the state's Indigenous land claims would allow it to purchase property anywhere and then compel the U.S. to take it into trust for its benefit, the Interior Department has told the Supreme Court, arguing the interpretation would render a bizarre result.
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March 19, 2025
Combs Accuser Fights Marriott's Bid To Escape Suit
A woman who has accused Sean "Diddy" Combs of raping and threatening to kill her at a Marriott International Inc. hotel in Manhattan in 2004 has urged a New York federal judge to reject the hotel giant's bid to escape her lawsuit.
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March 19, 2025
Ticketmaster Baits With 'Deceptively' Low Prices, Suit Says
Ticketmaster has allegedly been luring consumers into buying event tickets by advertising "deceptively" low prices before surprising them with high hidden fees at checkout after pressuring them with pop-up warnings and a countdown clock, according to a putative class action filed Tuesday in California federal court.
Expert Analysis
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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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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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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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Algorithm Price-Fixing Ruling May Lower Antitrust Claims Bar
A Washington federal court's refusal to dismiss Duffy v. Yardi Systems, an antitrust case over rent prices allegedly inflated by revenue management software, creates an apparent split in the lower courts over how to assess such claims, say attorneys at Morgan Lewis.
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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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FTC Privacy Enforcement Takeaways From 2024
In 2024, the Federal Trade Commission distinguished three prominent trends in its privacy-related enforcement actions: geolocation data protections, data minimization practices, and artificial intelligence use and marketing, say Cobun Zweifel-Keegan at IAPP and James Smith at Dechert.
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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.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Looking Back At 2024's Noteworthy State AG Litigation
State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.