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October 10, 2025
Real Estate Recap: Data Diligence, REIT Reinvention, Q3 Deals
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney tips for data center approvals, one Big Law partner's perspective on the reinvention of real estate investment trusts, and the third quarter's 10 largest global real estate mergers and acquisitions.
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October 10, 2025
Mich. Fights Feds' Support For Enbridge Line 5 Pipeline
Michigan urged a federal judge to reject the U.S. government's contention that its attempt to block an Enbridge Energy oil and gas pipeline segment is illegal, while the company said the government's arguments have merit.
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October 10, 2025
6th Circ. Affirms Class Status In Totaled Car Payout Dispute
A panel of Sixth Circuit judges upheld the class certification of a suit alleging State Farm systematically undervalues totaled vehicles, saying that a class of Tennessee insureds were linked by a common alleged harm of breach of contract.
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October 10, 2025
Medical Supply Co. Drops UnitedHealth Coverage Suit
A medical supply company has agreed to drop its lawsuit alleging UnitedHealthcare entities issued a blanket block on the company's claims without notice, according to a stipulated order filed Friday in Michigan federal court.
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October 10, 2025
Mich. Panel Says Detroit Flouted Surveillance Tech Notice Law
Detroit failed to comply with procedural requirements before inking contracts for gunshot detecting technology, a Michigan appellate panel said Thursday, leaving it to a lower court to determine if the contracts should be canceled due to the violations.
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October 10, 2025
NBA's Pelicans Say Social Media Posts Didn't Copy Artist
The NBA's New Orleans Pelicans urged a Michigan federal judge to toss claims it too closely imitated a Detroit-based artist's work in a backdrop for promotional photos last year, arguing the artist can't own the "concept" of using deflated basketballs.
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October 09, 2025
Mich. Justice Eyes Scope Of Judge-As-Grand-Jury Issue
Michigan's chief Supreme Court justice on Thursday pondered the real-world implications of retroactively applying a 2022 ruling that judges cannot act as a one-person grand jury to issue indictments, saying the practice seems to have grown more prevalent.
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October 09, 2025
Mich. Justices Mull Tort Damages Bar For Nonresident Drivers
Members of Michigan's Supreme Court on Thursday expressed reservations about an intermediate appellate court's decision that nonresidents who fail to carry Michigan insurance for a vehicle they regularly drive in the state can recover tort damages after a car accident.
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October 09, 2025
Judge Seeks NCAA Ruling's Impact On Tenn. Player's Suit
With an appeal by the NCAA over an injunction permitting Vanderbilt University quarterback Diego Pavia to continue playing football tossed out by the Sixth Circuit last week, a Tennessee federal judge has given the NCAA and a former college basketball player until Oct. 30 to explain how the ruling affects a separate challenge to the organization's eligibility rules.
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October 09, 2025
BeFrugal Marketing Firm Says Exec Steered Clients To Rival
Affiliate marketing firm BeFrugal said in a lawsuit this week in Massachusetts state court that a senior vice president secretly co-founded a competing company, then steered major clients, including DirecTV and Samsung, to the new business.
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October 09, 2025
First Brands Creditor Wants Examiner After $2.3B 'Vanished'
First Brands creditor Raistone Capital urged a Texas bankruptcy judge to appoint an independent examiner in the car parts maker's Chapter 11 case, saying no one has been held accountable for up to $2.3 billion that "simply vanished."
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October 09, 2025
Mich. Justices Urged To Restore Diminished Capacity Defense
A lawyer for a man awaiting trial for murder told the Michigan Supreme Court on Thursday that a jury deserves to hear that his client was mentally ill and possibly suffering from delusions, urging the court to lift a decades-old bar on so-called diminished capacity evidence.
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October 09, 2025
7th Circ. Nominee Taibleson Advances To Full Senate
The Senate Judiciary Committee advanced on party lines the nomination of Rebecca Taibleson, a federal prosecutor in Wisconsin, to serve on the Seventh Circuit, as well as four district judicial nominees and five U.S. attorney nominees.
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October 09, 2025
6th Circ. Says Facebook Posts About Firm Not Defamation
The Sixth Circuit has declined to revive a defamation suit over social media posts alleging an unethical connection between a New Jersey-headquartered law firm and members of the Flint, Michigan, city council.
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October 08, 2025
Decade-Old $139M Telecoms Award Still Unpaid, Court Hears
Intel Capital Corp. and Deutsche Telekom AG are seeking to renew a judgment just shy of a decade old that enforces a roughly $139 million award against one of the founders of a Chinese wireless broadband company, telling a Michigan federal judge that they still haven't received a penny.
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October 08, 2025
Mich. Justice Unsure Gov. Exempt From 1-Year Claim Deadline
Michigan's chief justice said Wednesday she was "struggling" with an immigration legal assistance group's contention that a one-year notice deadline for claims against the state doesn't apply to suits against the governor.
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October 08, 2025
FirstEnergy Investors Seek Clarity On 6th Circ. Privilege Order
FirstEnergy investors asked the Sixth Circuit Wednesday to clarify a recent ruling blocking them from accessing internal investigation documents in a lawsuit over a $1 billion bribery scandal, arguing that the company is holding up depositions due to its misreading of the court's opinion.
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October 08, 2025
Group Claims Mich. 24% Pot Tax Enacted Unlawfully
Michigan's impending wholesale marijuana tax was approved by lawmakers unlawfully, an industry group alleged, saying the legislation signed by Gov. Gretchen Whitmer authorizing the tax did not have the votes of three-fourths of the majorities required in each legislative chamber.
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October 08, 2025
Mich. Justices Weigh Axing Slip-And-Fall Visitor Categories
A Michigan Supreme Court justice said Wednesday she is "troubled" by a longstanding practice that calls for different standards of care for different types of property visitors in slip-and-fall cases, asking why volunteers and those coming to do business should be treated differently, as the court considers a pair of cases that could upend decades-old precedent.
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October 08, 2025
DOJ Asks For Stay In PVC Antitrust Case Amid Criminal Probe
The U.S. Department of Justice is asking an Illinois federal court to pause discovery in a case accusing polyvinyl chloride pipe manufacturers of using a commodity pricing service to exchange information and fix prices while a grand jury investigates the alleged activity.
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October 07, 2025
Panel Said Congress Was 'Feckless,' 6th Circ. Told In FCC Row
The Sixth Circuit should agree to a full court reconsideration of a panel's decision to back the Federal Communications Commission's expanded data breach notifications for telecom carriers, says a conservative legal organization that believes the panel assumed Congress was legislating "fecklessly."
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October 07, 2025
6th Circ. OKs Contested Deal In Foreclosure Class Action
The Sixth Circuit on Monday affirmed the approval of a contested settlement to resolve claims that 43 Michigan counties illegally kept the proceeds from the sales of tax-foreclosed properties, although one judge's concurrence said he did so "with the greatest reluctance."
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October 07, 2025
DC, 18 States Back Campaign Spending Caps At High Court
The District of Columbia and 18 states urged the U.S. Supreme Court on Monday not to lift caps on the amount political parties may spend in coordination with candidates for federal office, saying state-level campaign finance regulations could be destabilized.
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October 07, 2025
Construction Co. Sues Air Force Over Contract Exclusion
A construction company has said the Air Force engaged in unequal discussions before ranking its proposal outside the top 12 offerors for a multiple award construction and engineering contract, in a complaint filed at the U.S. Court of Federal Claims.
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October 07, 2025
AGs Rip DOJ Bid To Pause Planned Parenthood Funding Suit
The U.S. Department of Justice wants to use the ongoing government shutdown as a "shield" to stop a group of states from seeking an injunction against a halt to Medicaid funding for Planned Parenthood, the states told a Massachusetts federal judge in opposing a possible pause on their lawsuit.
Expert Analysis
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Class Actions At The Circuit Courts: April Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four federal appellate court decisions and identifies practice tips from cases involving pretrial detainee bail funds, employment law, product defect allegations and claims of not providing proper pain medication at a jail.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.