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Ohio
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September 08, 2025
3rd Circ.'s Grid-Planning Ruling Will Coax States To Play Ball
A Third Circuit decision limiting states' ability to block transmission projects already greenlighted by regional grid operators could make a federal overhaul of transmission planning policies more appealing, even as several states and utilities pursue litigation to block the changes.
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September 08, 2025
Chamber Accuses Mich. Of 'Gamesmanship' In Pipeline Fight
The U.S. Chamber of Commerce has urged the Supreme Court to rule that judges have the power to waive the deadline to transfer a lawsuit to federal court in special circumstances, saying Michigan shouldn't be allowed to play procedural games to keep a case against energy infrastructure firm Enbridge Energy LP in state court.
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September 08, 2025
Securities Class Actions Had A Late Summer Appellate Bloom
While the later summer months are often a quiet time for the nation's courts, the federal appellate courts were hard at work this past July and August issuing important rulings on class certification standards for shareholder lawsuits and handing down split-panel decisions over the future of disclosure litigation.
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September 08, 2025
Biz Groups Ask Justices To Shield Freight Brokers From Suits
Business and trucking trade groups asked the U.S. Supreme Court to smooth out splintered circuit court rulings that have exposed freight brokers to patchwork liability for state-based negligence claims, saying there could be lasting disruptions to the supply chain if the justices don't intervene.
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September 08, 2025
Penny Stock Trader Denies SEC Claims At Trial Despite Plea
An Ohio salesman who in 2022 copped to fraudulently pumping a lone penny stock on Twitter told a Manhattan federal jury Monday that a U.S. Securities and Exchange Commission suit alleging he pilfered $2.5 million via dozens of such schemes seeks to punish him for everyday, lawful behavior.
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September 08, 2025
Catching Up With Delaware's Chancery Court
Last week at the Delaware Court of Chancery, a bankruptcy administrator for a generic drugmaker formerly known as Teligent was told he can proceed with duty of oversight claims against most former officers and directors of the company, who the administrator said was complicit in the company's collapse. In an opinion, the Court of Chancery cites its 1996 decision In re Caremark International Inc. Derivative Litigation, which refined director duties of care and oversight.
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September 08, 2025
Texas Couple Fights Firm's Sanctions Bid In Crash Data Suit
A Houston couple who accused a law firm and a since-dismissed Progressive unit of conspiring to share car crash victims' private information told a Texas federal court that their suit is "neither frivolous, unreasonable, nor improper" as they pushed back against the law firm's sanctions request.
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September 05, 2025
8th Circ. Vacates Biden-Era, Updated EV Fuel Economy Rules
The Eighth Circuit Friday vacated the U.S. Department of Energy's updated method of calculating the fuel economy equivalent estimates for electric vehicles, finding that the DOE didn't have the authority to enact the 2024 rule, nor did it comply with the Administrative Procedures Act.
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September 05, 2025
Real Estate Recap: Investor Power Plays
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including what attorneys have been seeing when it comes to the power dynamic between fund managers and their investors.
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September 05, 2025
Fed. Circ. Sinks Inventor's Bid To Escape $214K In Sanctions
The Federal Circuit on Friday denied efforts by the inventor of a patent covering a type of marking tape to escape a nearly $214,000 sanctions order from a lower court, saying it had previously upheld the award for bad faith litigation and won't alter it now.
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September 05, 2025
6th Circ. Finds Boss' Pregnancy Remark Supports Bias Claim
A split Sixth Circuit panel revived part of a lawsuit from a woman who alleges a Michigan hospital system laid her off because she was pregnant, finding that evidence that the worker's supervisor was concerned about the pregnancy's effects on department productivity supports pregnancy discrimination claims.
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September 05, 2025
6th Circ. Backs Search Of Home Linked To One Drug Sale
A federal appeals panel has said officers had good reason to search a home connected to a man they say set up in a drug-buying sting, determining a federal judge did not err by refusing to suppress evidence found inside the home.
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September 05, 2025
Solicitor Can Argue As Amicus In Right-To-Counsel Case
The U.S. Supreme Court on Friday granted the U.S. solicitor general time to argue as an amicus in the Sixth Amendment case of a criminal defendant who was denied the opportunity to consult fully with his lawyer during an overnight break in his testimony.
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September 04, 2025
Enbridge Asks High Court To Reverse Pipeline Remand Ruling
Enbridge Energy has pushed the U.S. Supreme Court to reverse a Sixth Circuit decision saying the company missed a deadline to transfer to federal court a suit by Michigan's attorney general seeking to block a pipeline, arguing the attorney general failed to show the removal process was untimely.
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September 04, 2025
Wash. PFAS Contamination Suit Sent Back To State Court
A Washington federal judge has remanded to state court a refinery operator's suit alleging that firefighting foam containing per- and polyfluoroalkyl substances, or PFAS, made and sold by The Chemours Co., Tyco Fire Products and others has contaminated the refinery.
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September 04, 2025
'Tone Matters,' Justice Kavanaugh Tells Fellow Judges
U.S. Supreme Court Justice Brett Kavanaugh said the judiciary should recommit to using cool-headed and civil language in their writing and spoke about the difficulties the court faces in handling a flood of emergency relief cases at a conference Thursday.
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September 04, 2025
Albertsons Says Kroger CEO Docs Fair Game In Del. Suit
An attorney for Albertsons Companies Inc. told a Delaware vice chancellor Thursday the food and drugstore giant should get access to The Kroger Co.'s documents related to CEO Rodney McMullen's abrupt exit from the job months after the collapse of the two companies' planned $25 billion merger.
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September 04, 2025
US Steel, Nippon Drop Suit Against Cleveland-Cliffs, USW
U.S. Steel and its new parent company, Nippon Steel, have ended their lawsuit accusing rival steelmaker Cleveland-Cliffs Inc. and the United Steelworkers union of attempting to sabotage their merger earlier this year.
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September 04, 2025
Ohio Cannabis Card Network Sued Over Faulty Cybersecurity
An Ohio man is suing Ohio Medical Alliance LLC in federal court, alleging that its lackluster cybersecurity measures exposed more than 950,000 records containing private health information for its users.
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September 03, 2025
How Morgan & Morgan Got Ousted As Top Federal Tort Filer
Heavyweight injury firm Morgan & Morgan PA was ousted from the top spot for most federal court filings in the past three years thanks to more than 2,000 individual cases filed in Mississippi over drinking water there, according to a new analysis by Lex Machina, whose rich trend data also shows how other firms fared over the same period.
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September 03, 2025
Enviro Groups Urge 11th Circ. To Keep Detention Center Shut
Seven environmental groups filed an amicus brief Tuesday in the appeal of an order shutting down an Everglades immigration detention center, arguing that the district court was right to enjoin the center because the federal government failed to fulfill its obligations under the National Environmental Policy Act.
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September 03, 2025
Former TransDigm GC Launches Retaliatory Firing Suit
The former general counsel of TransDigm Group Inc., an aerospace parts manufacturer, has filed a complaint in Ohio state court alleging she was terminated in retaliation for reporting two instances of sexual harassment and antitrust compliance concerns.
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September 03, 2025
Special Master Says Sherwin-Williams' Conduct Merits Fees
A special master has recommended that a Pennsylvania federal court require paint maker Sherwin-Williams to pay fines, including attorney fees, due to its "unreasonably aggressive litigation strategy" in a patent dispute with a rival.
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September 03, 2025
Ohio Panel Says Judge Can't Thwart Prison Credit Programs
A split Ohio appeals court on Tuesday ruled an incarcerated man should be allowed to participate in prison programs that can earn him credit toward his release, adding that a state trial judge cannot bar access to the programs.
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September 02, 2025
DOJ Accuses Nonprofit Nursing Home Chain Of FCA Violations
The U.S. Department of Justice has intervened in a whistleblower suit against nonprofit nursing home operator ProMedica, alleging a "systematic and pervasive" pattern of understaffing that resulted in "grossly substandard" or non-existent care for Medicare and Medicaid beneficiaries, in violation of the False Claims Act.
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.