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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
GOP Reps Back Legality Of Trump Birthright Citizenship Order
Eighteen Republican lawmakers on Friday told the U.S. Supreme Court the Trump administration is right to assert that the 14th Amendment was never meant to confer birthright citizenship to the children of parents who are in the country without legal authorization.
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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
Ohio Panel Says Ford Asbestos Suit Didn't Belong In Court
An Ohio appeals panel won't revive an asbestos death suit from the estate of a former Ford Motor Co. worker, saying the trial court was wrong to dismiss it for lack of an expert report because it should not have exercised jurisdiction over the suit in the first place.
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October 10, 2025
Taxation With Representation: Sullivan, MoFo, Freshfields
In this week's Taxation With Representation, Fifth Third Bancorp acquires Comerica in an all-stock deal, Qualtrics buys experience analytics firm Press Ganey Forsta, and SoftBank buys ABB's robotics division.
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October 09, 2025
Ohio Judge OKs Trimmed Norfolk Southern Derailment Suit
An Ohio federal judge approved on Thursday a joint dismissal motion filed by two kennel owners and Norfolk Southern that will permanently toss the kennel owners' property claims from their derailment suit against the railroad company.
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October 09, 2025
Nissan, Drivers Reach Deal To End Faulty Brake Claims
Nissan North America Inc. and drivers on Thursday reached a settlement in principle in Tennessee federal court that would end multistate claims alleging the automatic braking systems in certain Nissan vehicles would sometimes trigger and cause the cars to stop suddenly, creating an unpredictable hazard.
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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
Whistleblower Asks High Court To Revive NASA Fraud Case
A whistleblower is urging the U.S. Supreme Court to revive a False Claims Act suit accusing a NASA contractor of overbilling, arguing that the Sixth Circuit wrongly let the government dismiss the case without considering the whistleblower's time and money commitment.
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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 09, 2025
Big Lots Gets OK For $6.5M Deal On Exec Claims
A Delaware bankruptcy judge on Thursday approved a $6.5 million settlement between retail chain Big Lots and its directors and officers, resolving claims by unsecured creditors that the company's board bungled an attempt to sell the company last year.
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October 08, 2025
Tech Services Co. Fired IT Chief For FMLA Request, Court Told
A provider of business technology services terminated its information technology director after 21 years of service following his request to take time off to care for his wife while she recovered from endometriosis-related surgery, according to a complaint filed in Ohio federal court.
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October 08, 2025
Kalshi Fights Ohio Ban As Pa. Flags Sports Betting Loophole
The clash between state gaming regulators and federally regulated platforms offering sports wagers continued this week as Kalshi sued Ohio agencies over a directive to shut down its sports event contracts, while Pennsylvania's Gaming Control Board warned Congress that prediction markets broadly "create a backdoor to legalized sports betting."
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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
Thompson Hine Boosts Benefits Team With 7 Hires
Thompson Hine LLP said Wednesday it's expanding its employee benefits and executive compensation practice with seven new lawyers, including a pair of senior attorneys from the Internal Revenue Service and another from the U.S. Department of Labor.
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October 08, 2025
Sanctions Bid In Ohio Derailment Deal Criticized As Premature
The former administrator of Norfolk Southern's $600 million settlement with the residents of East Palestine, Ohio, urged a federal court to reject the plaintiffs' bid to seek sanctions without waiting for an audit, arguing that the change in procedure would potentially double the court's workload and leave the administration firm scrambling to respond.
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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
Bausch And Teva Blocked Cheaper IBS Drug, Retailers Say
A slew of retailers on Tuesday accused Bausch Health Cos. Inc. and Teva Pharmaceuticals of working together to keep the generic version of an irritable bowel syndrome drug off the market until 2028, forcing the retailers and other purchasers of the drug to pay monopoly prices.
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October 07, 2025
Cabinetry Co. Refiles $3.6B Merger To Give FTC More Time
Kitchen cabinet and vanity manufacturer American Woodmark Corp. has withdrawn and refiled its intent to merge with MasterBrand in a $3.6 billion deal in order to give the Federal Trade Commission more time to scrutinize the deal for competition concerns.
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October 07, 2025
Hemp Retailer Sues Ohio Police Department Over Seizure
An Ohio police department seized more than half a million dollars' worth of hemp using a bad search warrant claiming that the hemp, which is legal, was marijuana, the hemp retailer told a federal court Monday.
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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
Senate Confirms 2 DOJ Nominees, 16 US Attys
The U.S. Senate voted 51-47 Tuesday, along party lines, to confirm a slew of nominees for the U.S. Department of Justice.
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October 07, 2025
Duke Gas Rate Increase Was Improper, Ohio High Court Hears
Duke Energy's Ohio utility shouldn't be allowed to collect $17 million from ratepayers to cover now-shuttered underground caverns used to store propane, the state's utility consumer advocate told the Ohio Supreme Court on Tuesday.
Expert Analysis
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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Examining TCPA Jurisprudence A Year After Loper Bright
One year after the U.S. Supreme Court overturned Chevron deference in Loper Bright v. Raimondo, lower court decisions demonstrate that the Telephone Consumer Protection Act will continue to evolve as long-standing interpretations of the act are analyzed with a fresh lens, says Aaron Gallardo at Kilpatrick.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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FMLA Expansion Sees State Progress Despite Federal Barriers
Recent legislative efforts to expand the Family and Medical Leave Act reflect workers' growing demand for work-life balance, but as federal proposals continue to face significant hurdles, states have stepped in, creating a labyrinth of leave laws and compliance headaches for multistate employers, say attorneys at FordHarrison.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Despite Dark Clouds, Outlook For US Solar Has Bright Spots
While tariff, tax policy and bankruptcy news seemingly portends unending challenges for the U.S. solar energy industry, signs of continued growth in solar generating capacity and domestic solar manufacturing suggest that there is a path forward, say attorneys at Beveridge & Diamond.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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What Businesses Need To Know To Avoid VPPA Class Actions
Divergent rulings by the Second, Sixth and Seventh Circuits about the scope of the Video Privacy Protection Act have highlighted the difficulty of applying a statute conceived to regulate the now-obsolete brick-and-mortar video store sector in today's internet economy, say attorneys at DTO Law.