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March 18, 2025
States Oppose Term In Sandoz Price-Fixing Deal With Fla.
State enforcers still locked in price-fixing litigation against generic-drug maker Sandoz are raising objections to a cap on what they could win through settlements in Florida's recent agreement with the company, telling the Connecticut federal judge weighing approval that it would block or delay potential settlements of their own.
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March 17, 2025
Insurer Drops Claims That Lamp Cos.' Negligence Caused Fire
A Detroit cannabis farm and its insurance company have agreed to drop a lawsuit alleging a host of lighting and gardening equipment manufacturers negligently designed and marketed their products, after a grow lamp malfunction led to a fire that caused more than $8.5 million of damage at a grow facility.
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March 17, 2025
Samsung Wins Dismissal Of Touch Screen Patent Suit
A Michigan federal judge has tossed a lawsuit claiming certain Samsung tablets infringe a touch screen patent, finding that the company that brought the lawsuit didn't have any interest in the patent at the time the case was launched.
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March 17, 2025
FERC Grid Upgrade Fight Has DC Circ. Judges Flummoxed
D.C. Circuit judges appeared to struggle Monday with how to determine ownership of new grid upgrades needed for a Michigan solar farm as they consider a transmission company's challenge to the Federal Energy Regulatory Commission's refusal to grant it sole ownership.
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March 17, 2025
Auto Mogul Says $150M Note Changes Were For Co.'s Survival
An auto parts manufacturer and its leader have urged a Michigan federal judge to find that they didn't fraudulently change promissory notes worth $150 million to cheat Alter Domus LLC out of payment, telling the court the amendments were made to help the company survive the COVID-19 pandemic.
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March 17, 2025
Mich. Couple Wants Pot Facility Shut Down As Nuisance
A Michigan couple is urging a federal court to shut down a cannabis facility near their home, saying it is creating a nuisance and harming both the health of their children and the value of their rural home.
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March 14, 2025
Trump Revokes Paul Weiss Security Clearances
Paul Weiss Rifkind Wharton & Garrison LLP became the third law firm to have workers' security clearances suspended by President Donald Trump, who signed the executive order Friday, citing the firm's DEI hiring practices and the decision by a former attorney there to assist the Manhattan district attorney's investigation of Trump.
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March 14, 2025
Justices Set Deadline In Birthright Citizenship Injunction Row
The U.S. Supreme Court on Friday gave states and organizations challenging President Donald Trump's executive order aimed at limiting birthright citizenship until early next month to address Trump's request for the high court to limit three federal judge's injunctions that preliminarily blocked the order's implementation across the U.S.
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March 14, 2025
11th Circ. Again Upholds Fla. Ban On Under-21 Gun Sales
Florida's law banning sales of firearms to anyone under 21 is constitutional, a divided Eleventh Circuit ruled Friday on en banc review, finding that America's 18- to 20-year-olds have had their gun rights checked since the nation's founding.
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March 14, 2025
Real Estate Recap: Waldorf Reno, DEI Scrubbing, CFIUS Risk
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including a chat with the legal team behind the 10-year renovation of Manhattan's iconic Waldorf Astoria, how real estate companies are dropping mention of diversity, equity and inclusion from public filings, and increasing scrutiny by the Committee on Foreign Investment in the United States.
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March 14, 2025
Md. Judge Joins Calif. In Reversing Federal Workers' Firing
A Maryland federal judge has ordered the reinstatement of thousands of probationary employees who were abruptly fired from 18 federal agencies, saying the Trump administration's lack of required notice left states "scrambling" to pick up the pieces.
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March 14, 2025
Ford Bronco TM Suit Looks Under Hood Of Vintage Market
Ford Motor Co. is clashing with a company that restores Broncos from the 1960s and 1970s and retrofits the newer models that Ford started selling after a two-decade hiatus to make them look like older ones, setting up a battle over whether the iconic car company has done enough to maintain its rights over the Bronco mark in the intervening years.
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March 14, 2025
Ex-Mich. Players Defend $50M NIL Suit Against NCAA, Big Ten
Former University of Michigan football players are fighting to keep a proposed class action seeking $50 million in compensation for their names, images and likenesses in Michigan federal court and fend off what they called "premature" dismissal bids from the NCAA and Big Ten Network.
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March 14, 2025
Mich. Panel Revives Hangar's Property Tax Challenge
The Michigan Court of Appeals revived a company's argument that it is exempt from a city's tax on a hangar it leased from a regional airport authority, saying the state Tax Tribunal should have required the municipality to prove that a tax statute applied to the company.
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March 14, 2025
New State Courts Org. President On Its 'Vitally Important' Role
Elizabeth Clement, chief justice of the Michigan Supreme Court and the incoming president of the National Center for State Courts, joined Law360 Pulse for a conversation about her new role in maintaining the functioning and independence of state court systems around the country.
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March 14, 2025
Class Can't Re-Contest Debt Collection, Mich. Law Firm Argues
A law firm accused of charging unlawfully high post-judgment interest rates on debt collection actions told a Michigan federal court on Thursday that several debtors have already resolved their litigation, precluding them from pressing their federal class action, and debt collection agencies blamed the rates on the law firm.
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March 14, 2025
6th Circ. Rejects Tribe's Appeal Of Great Lakes Fishing Pact
A Sixth Circuit panel upheld a 2023 decree governing fishery management in the Great Lakes on Thursday, finding that a Michigan federal judge had the prerogative to enter the decree over the objections of a Native American tribe.
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March 14, 2025
Taxation With Representation: Davis Polk, Paul Weiss
In this week's Taxation With Representation, Mallinckrodt PLC and Endo Inc. combine, Rocket Cos. buys Redfin, and Endo divests its international pharmaceuticals business to Knight Therapeutics Inc.
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March 13, 2025
Trump Asks Justices To Limit Pauses Of Birthright Order
President Donald Trump asked the U.S. Supreme Court on Thursday to limit three nationwide court orders prohibiting the implementation of his executive order aimed at limiting birthright citizenship, arguing that the coast-to-coast injunctions upended the judicial process and are trying to micromanage the executive branch.
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March 13, 2025
Law School's Remote Learning Stance Baffles Mich. Judge
A Michigan federal judge said Thursday it "makes no sense" that Wayne State University Law School couldn't allow a student with a disability to attend classes virtually, pressing an attorney for the university as to why the school couldn't do so, considering it had gone fully remote during the COVID-19 pandemic.
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March 13, 2025
Coverage Bars Fla. Worker Who Died In Fall, Insurer Says
A Michigan-based insurance company has asked a Florida federal court to declare that it doesn't owe coverage in a claim stemming from a condominium worker's death after falling five stories, asserting that its policy doesn't cover the death if it occurred during the scope of the employer's business.
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March 13, 2025
Mich. High Court Unsure Of GOP Role In Poll Worker Parity
Michigan Supreme Court justices mulled whether the Republican Party has standing to seek better representation of its party in the election workforce on Thursday while hinting mootness could present a wrinkle in the two-year-old case.
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March 13, 2025
Ohio Co. Can't Get New Trial After Scrapped $18M Award
An Ohio startup on Thursday lost its latest bid to revive an $18.3 million jury verdict it won against TransUnion for allegedly holding its source code hostage after ending a business deal.
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March 13, 2025
Cavanagh Selected As Mich. Supreme Court's Chief Justice
Justice Megan K. Cavanagh will become the Michigan Supreme Court's chief justice when Justice Elizabeth T. Clement steps down next month, the court announced Thursday.
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March 13, 2025
6th Circ. Won't Rehear Ex-Electric Co. Exec's Severance Suit
The Sixth Circuit will not rethink its panel decision upholding the dismissal of a severance suit brought by American Electric Power Services Corp.'s former chief digital officer who claimed he was shortchanged on his way out the door, according to a Thursday order.
Expert Analysis
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Notable Q1 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss notable insurance class action decisions from the first quarter of the year ranging from salvage vehicle titling to rate discrimination based on premium-setting software.
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6th Circ. Bias Ruling Shows Job Evaluations Are Key Defense
In Wehrly v. Allstate, the Sixth Circuit recently declined to revive a terminated employee’s federal and state religious discrimination and retaliation claims, illustrating that an employer’s strongest defense in such cases is a documented employment evaluation history that justifies an adverse action, says Michael Luchsinger at Segal Mccambridge.
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Social Media Free Speech Issues Are Trending At High Court
The U.S. Supreme Court's recent decision examining what constitutes state action on social media can be viewed in conjunction with oral arguments in two other cases to indicate that the court sees a need for more clarity regarding how social media usage implicates the First Amendment, say attorneys at Kean Miller.
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Don't Use The Same Template For Every Client Alert
As the old marketing adage goes, consistency is key, but law firm style guides need consistency that contemplates variety when it comes to client alert formats, allowing attorneys to tailor alerts to best fit the audience and subject matter, says Jessica Kaplan at Legally Penned.
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Series
Walking With My Dog Makes Me A Better Lawyer
Thanks to my dog Birdie, I've learned that carving out an activity different from the practice of law — like daily outdoor walks that allow you to interact with new people — can contribute to professional success by boosting creativity and mental acuity, as well as expanding your social network, says Sarah Petrie at the Massachusetts Attorney General’s Office.
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Think Like A Lawyer: Follow The Iron Rule Of Trial Logic
Many diligent and eager attorneys include every good fact, point and rule in their trial narratives — spurred by the gnawing fear they’ll be second-guessed for leaving something out — but this approach ignores a fundamental principle of successful trial lawyering, says Luke Andrews at Poole Huffman.
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Court Clerk Error Is No Excuse For A Missed Deadline
Two recent Virginia Court of Appeals decisions in which clerical errors led to untimely filings illustrate that court clerks can be wrong about filing deadlines or the date an order was entered, underscoring the importance of doing one's own research on filing requirements, says Juli Porto at Blankingship & Keith.
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The Art Of Asking: Leveraging Your Contacts For Referrals
Though attorneys may hesitate to ask for referral recommendations to generate new business, research shows that people want to help others they know, like and trust, so consider who in your network you should approach and how to make the ask, says Rebecca Hnatowski at Edwards Advisory.
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Series
Being An Equestrian Makes Me A Better Lawyer
Beyond getting experience thinking on my feet and tackling stressful situations, the skills I've gained from horseback riding have considerable overlap with the skills used to practice law, particularly in terms of team building, continuing education, and making an effort to reset and recharge, says Kerry Irwin at Moore & Van Allen.
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4 Ways To Refresh Your Law Firm's Marketing Strategy
With many BigLaw firms relying on an increasingly obsolete marketing approach that prioritizes stiff professionalism over authentic connection, adopting a few key communications strategies to better connect with today's clients and prospects can make all the difference, say Eric Pacifici and Kevin Henderson at SMB Law.
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Series
Whitewater Kayaking Makes Me A Better Lawyer
Whether it's seeing clients and their issues from a new perspective, or staying nimble in a moment of intense challenge, the lessons learned from whitewater kayaking transcend the rapids of a river and prepare attorneys for the courtroom and beyond, says Matthew Kent at Alston & Bird.
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GSA's Carbon-Free Power Plan: Tips For Electricity Suppliers
The U.S. General Services Administration's recent request for information concerning its intent to acquire a large amount of carbon pollution-free electricity over the next decade in the PJM Interconnection region offers key insights for companies interested in becoming electric power suppliers to federal government agencies, say Shaunna Bailey and Nicholas Dugdale at Sheppard Mullin.
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This Earth Day, Consider How Your Firm Can Go Greener
As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.
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Opinion
States Should Follow Federal Lead On Expert Evidence Rules
The recently amended Federal Rule of Evidence 702 will help ensure expert testimony in federal courts reflects adequate data and reliable methods properly applied to a given case, and state courts — home to the overwhelming majority of U.S. litigation — should adopt similar changes, says retired attorney Michael Harrington.
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Practicing Law With Parkinson's Disease
This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.