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August 21, 2025
Kanner & Pintaluga Seeks Sanctions Over Accident Data Suit
Kanner & Pintaluga PA asked a Texas federal court to sanction a Houston couple and their counsel in a proposed class action accusing the firm and since-dismissed Progressive Casualty Insurance Co. of conspiring to share auto crash victims' private information, saying the claims are based on unverified and inadmissible hearsay.
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August 21, 2025
6th Circ. Reinstates Fired USPS Worker's Medical Leave Suit
The Sixth Circuit on Thursday told a lower court to reassess a fired USPS employee's medical leave suit alleging the agency illegally faulted him for sickle cell anemia-related absences, saying the trial judge erred by using a doctor's estimate to cap his time off.
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August 21, 2025
Consumer Advocates Blast FERC Inaction On Power Auction
Consumer advocates and municipal utilities have told the D.C. Circuit that the Federal Energy Regulatory Commission can't use a Third Circuit ruling to claim it is powerless to prevent the rerunning of a flawed electricity capacity auction that overcharged consumers by $183 million.
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August 21, 2025
Tire Cos. Resist Bid To Add EU Probe Info to Price-Hike Suit
Tire manufacturers including Bridgestone, Goodyear and Michelin are urging an Ohio federal court not to let buyers update their antitrust case accusing the companies of fixing prices to include additional allegations stemming from a European Commission investigation.
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August 21, 2025
Gov't Shrugs Off Sentencing Errors, IRS Leaker Tells DC Circ.
The IRS contractor appealing his five-year prison sentence for leaking thousands of wealthy people's tax returns to the media accused the U.S. of glossing over sentencing errors that unfairly burdened him with "the harshest sentence possible," he told the D.C. Circuit.
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August 20, 2025
Ohio Justices Free Bank From $77M Guaranty Disclosure Duty
The Ohio Supreme Court on Wednesday ruled that nothing in state law required Huntington Bank to inform a co-signer of a $77 million loan guaranty about the risks associated with signing the deal with two other partners, one of whom later pled guilty to a check-kiting scheme.
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August 20, 2025
Wash. AG Wins $28M In Fees In Kroger-Albertsons Deal Fight
A Washington judge has awarded the state attorney general's office $28.4 million in legal fees for its efforts to block the merger between Kroger and Albertsons that was also challenged by the Federal Trade Commission, largely rejecting the grocery giants' objections to a total fee request of $32.4 million.
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August 20, 2025
Investors Pan FirstEnergy's 'Unprecedented' Discovery Appeal
A group of FirstEnergy Corp. investors is urging the Sixth Circuit not to hear a dispute over their access to internal investigation documents produced in the wake of a $1 billion bribery scandal, saying the documents weren't privileged and that granting the appeal would be "unprecedented."
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August 20, 2025
FCC Denies Carrier's Bid To Avoid Rural Fund Clawback
The Federal Communications Commission denied a Midwest broadband provider's request to waive a $24 million penalty for defaulting on its Rural Digital Opportunity Fund commitments, saying the company's due diligence was inadequate when it decided to pursue fund money for buildouts in areas that were already served by others.
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August 19, 2025
Split Ohio Supreme Court Clarifies Early Release Eligibility
The Ohio Supreme Court held Tuesday that inmates sentenced indefinitely before Ohio's "truth-in-sentencing" law took effect in 1996 aren't eligible for an early, judicial release, although one justice said a later amendment excludes some inmates.
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August 19, 2025
Sotera Urges 6th Circ. To Toss Investors' Toxic Gas Suit
Sotera Health Co. urged the Sixth Circuit to affirm the dismissal of a lawsuit accusing it of concealing the carcinogenic nature of a gas used at its sterilization plants, saying "defending yourself in litigation is not securities fraud."
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August 19, 2025
Ex-CBD Water Co. CEO Cops To Wire Fraud In Stock Scheme
A former CEO of a microcap issuer purportedly in the cannabis beverage business has copped to wire fraud in connection with kickbacks and related transactions involving undercover law enforcement that he initiated as part of an alleged long-running scheme to manipulate prices for the company's shares.
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August 19, 2025
OAN Owner Looks To Depose UMich Expert In Dominion Case
One America News Network's owner has asked the Sixth Circuit to force a University of Michigan cybersecurity expert to testify in Dominion Voting Systems' defamation case over the network's coverage of the 2020 presidential election, saying a judge erred when he blocked the deposition.
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August 19, 2025
21 AGs Push DEA To Schedule 'Designer Xanax'
Kentucky Attorney General Russell Coleman and 20 other state attorneys general are urgently asking the U.S. Drug Enforcement Administration to schedule an unregulated substance known as "designer Xanax" under the Controlled Substances Act, saying it is contributing to overdose deaths and posing a growing threat to public health.
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August 19, 2025
Ejected NCAA Fan Ends Negligence, Civil Rights Lawsuit
A woman ejected from an NCAA Division III Final Four game at Capital University in Ohio has shelved her negligence and civil rights lawsuit against the organization and several individual defendants.
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August 18, 2025
Mich. Judge Keeps Eagles Player In NCAA Fight On Field
A Michigan state court judge has granted a preliminary injunction allowing an Eastern Michigan University offensive lineman to remain on the football team while he challenges a five-year eligibility cap for college athletes, saying the player has shown a likelihood of success at trial on his claims.
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August 18, 2025
GrafTech Investors' Plant Contamination Suit Gets Tossed
An Ohio federal judge threw out a shareholder lawsuit against GrafTech International Ltd. on Monday, ruling that allegations the company hid environmental contamination problems at a Mexican plant amounted to "fraud by hindsight."
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August 18, 2025
Progressive Must Cover $6M Title Insurer Judgment, Mall Says
Progressive must cover a more than $6 million judgment against a title insurance agency that Progressive insured, the owner of a New Jersey shopping center told a Pennsylvania state court, arguing that Progressive-appointed counsel rejected prior settlement opportunities in bad faith.
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August 18, 2025
Ohio State Court Finds Google Is Not A Common Carrier
An Ohio state court has ruled that Google's search engine does not qualify as a common carrier that would be subject to heightened oversight, finding that Google does not transport products for others or claim that its search results are "indifferent."
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August 18, 2025
Accountant Says Property Co. Fired Her During FMLA Leave
A property management company terminated an accountant three days before she was scheduled to return to work following gallbladder surgery, telling her the job was being outsourced when in reality her duties were assigned to other employees, she said in a suit filed in Ohio federal court.
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August 18, 2025
3rd Circ. Backs Pittsburgh In Row Over Zoning Board Conflict
The Third Circuit has backed the dismissal of a mixed-use project developer's million-dollar lawsuit against the Pittsburgh Zoning Board of Adjustment over variance delays caused by a conflict of interest dispute, saying its due process rights weren't violated.
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August 15, 2025
6th Circ. Backs Baker Donelson In Malpractice Dispute
A Sixth Circuit panel said Friday that Baker Donelson was correctly dismissed from a legal malpractice suit brought by the founder of an urgent care facility because it cannot be established that the underlying shareholder dispute claims that the firm was accused of fumbling would have been successful.
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August 15, 2025
Real Estate Recap: Water Law, Risky Debt, NYC Rezone
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into coastal development, one bank's bullish outlook on construction financing, and Midtown Manhattan's greenlight for denser residential development.
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August 15, 2025
Ohio Justices Back Landlord In Speedway Store Leases Suit
The Ohio Supreme Court has sided with a landlord embroiled in a lease renewal dispute with a tenant that subleased 24 properties to major convenience store chain Speedway LLC, ruling that the tenant didn't make a mistake when it negligently failed to renew its leases on time.
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August 15, 2025
Ohio Regulator Denies Permit For Cleveland Browns' Stadium
A letter surfaced Friday from the Ohio Department of Transportation denying a permit for the Cleveland Browns' new stadium, saying the height of the structure would be "an obstruction" to the airspace at its current proposed location in a Cleveland suburb.
Expert Analysis
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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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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.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.
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Notable Q2 Updates In Insurance Class Actions
Vehicle valuation challenges regarding the use of projected sale adjustments continued apace in insurance class actions this quarter, where insurers have been scoring victories on class certification decisions in federal circuit courts, says Mathew Drocton at BakerHostetler.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
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Series
Law School's Missed Lessons: Negotiation Skills
I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.
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How Community Banks Can Limit Overdraft Class Action Risk
With community banks increasingly confronted with class actions claiming deceptive overdraft fees, local institutions should consider proactively revising their customer policies and agreements to limit their odds of facing costly and complicated consumer litigation, say attorneys at Jones Walker.
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Opinion
Bar Exam Reform Must Expand Beyond A Single Updated Test
Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.
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How States Are Regulating Health Insurers' AI Usage
The absence of a federal artificial intelligence framework positions states as key regulators of health insurers’ AI use, making it important for payors and service providers to understand the range of state AI legislation being passed in California and elsewhere, and consider implementing an AI-focused compliance infrastructure, say attorneys at Ropes & Gray.
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A Simple Way Courts Can Help Attys Avoid AI Hallucinations
As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.
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Surveying The Changing Overdraft Fee Landscape
Despite recent federal moves that undermine consumer overdraft fee protections, last year’s increase in fee charges suggests banks will face continued scrutiny via litigation and state regulation, says Amanda Kurzendoerfer at Bates White.
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Cos. Must Tailor Due Diligence As Trafficking Risks Increase
As legislators, prosecutors and plaintiffs attorneys increasingly focus on labor and sex trafficking throughout the U.S., companies must tailor their due diligence strategies to protect against forced labor trafficking risks in their supply chains, say attorneys at Steptoe.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.