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May 08, 2025
6th Circ. Says BlueCross Can't Nix NH Fertility Benefit Probe
The Sixth Circuit said Thursday that it was fair game for New Hampshire to challenge BlueCross BlueShield of Tennessee's decision to deny a worker's claims for fertility treatment on the basis that it violated state law, ruling the insurance company can't shield itself from enforcement under federal benefits law.
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May 08, 2025
6th Circ. Seems Open To Reviving Ex-Ford Worker's Bias Suit
The Sixth Circuit appeared skeptical Thursday of Ford Motor Co.'s arguments that a fired Muslim and Middle Eastern employee had not laid out sufficient facts to keep his bias and retaliation lawsuit alive, indicating plaintiffs needn't meet a high bar in the early stages of a case.
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May 08, 2025
Insurer Owed Reimbursement In Worker Injury Coverage Row
A Washington federal court on Thursday ordered a subcontractor's insurer to reimburse a general contractor's insurer for more than $280,000 after both insurers helped settle an underlying worker injury lawsuit, finding the subcontractor's insurer owed additional insured coverage to the general contractor.
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May 08, 2025
6th Circ. Eyes Reviving Kellogg, FedEx Mortality Table Suits
The Sixth Circuit on Thursday appeared open to reviving suits against Kellogg and FedEx from married pensioners who alleged their employers' outdated actuarial assumptions shortchanged their joint-and-survivor benefits, with multiple judges seeming to doubt a lower court's assertion that employers had unfettered latitude when choosing what data to use.
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May 08, 2025
Gotion EV Battery Plant Opponents Meet Skeptical 6th Circ.
A Sixth Circuit panel appeared unswayed Thursday by the argument that a district court can't order a town to support an electric vehicle battery components factory, though the judges also probed whether the company really faces irreparable harm if its plans don't come to fruition.
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May 07, 2025
HUD Blocked From Withholding Grants Over DEI Policies
A Washington federal judge on Wednesday temporarily blocked the Trump administration from forcing New York City, Boston, San Francisco and Seattle's county to adhere to policies against diversity, equity and inclusion or risk losing federal funds for homeless services, saying the strings attached are likely unconstitutional.
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May 07, 2025
Upstart Says SEC Has Ended Probe Into AI, Loan Disclosures
The U.S. Securities and Exchange Commission has closed an investigation into online lender Upstart's disclosures around the use of artificial intelligence for underwriting and loans, according to the firm's latest agency filing.
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May 07, 2025
6th Circ. Seems Hesitant To Revive UMich Law Prof's Bias Suit
The Sixth Circuit appeared skeptical Wednesday about reopening a Black University of Michigan Law School professor's suit alleging she was unlawfully disciplined after she complained about race discrimination, with the panel questioning if she adequately refuted the school's nondiscriminatory reasons for its action.
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May 07, 2025
6th Circ. Skeptical Of US In Tax Court Deadline Case
Sixth Circuit judges expressed skepticism of the U.S. government's claim that the 90-day deadline to petition the U.S. Tax Court is inflexible, with one judge saying during oral arguments Wednesday in a woman's case challenging the rule that the U.S. Supreme Court seemed to back her.
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May 07, 2025
Baking Co. Says Trade Secret Sanctions Bid Is Undercooked
An Ohio baking products company says it shouldn't be sanctioned for sharing some of the ingredients in one of its products in a temporarily public court filing, since the same ingredients had been discussed in open court during testimony about how that product allegedly differed from the trade-secret recipe a rival was trying to protect.
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May 06, 2025
HUD Says Suit To Block Fund Cuts Belongs In Claims Court
The U.S. Department of Housing and Urban Development urged a Washington federal judge on Tuesday to reject emergency relief sought by San Francisco, Boston, New York and King County, Washington, to block the Trump administration from slashing millions of dollars of homelessness assistance grants, saying federal court lacks jurisdiction.
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May 06, 2025
Ruling Doesn't Bind FERC Auction Approval, DC Circ. Told
A Federal Energy Regulatory Commission determination that a court ruling required it to let a grid operator proceed with a flawed electricity capacity auction cannot be squared with its duty to modify unjust or unreasonable rates, consumer advocates and public utilities told the D.C. Circuit.
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May 06, 2025
Benton Harbor Must Face Lead Contamination Mass Tort
A Michigan city's officials must face claims that they failed to protect children from drinking lead-contaminated tap water, a split Sixth Circuit said Tuesday, finding the city's conduct plausibly violated the children's constitutional rights.
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May 06, 2025
T-Mobile Attys Get $2.9M In Fees In Arbitration Award Suit
A mobile phone dealer that accused T-Mobile of tricking it into "false and oppressive" service agreements is on the hook for $2.9 million of the mobile titan's attorney fees after an Ohio federal judge refused to vacate the arbitration award that directed Preferred Wireless to pay up.
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May 06, 2025
6th Circ. Upholds Michigan's Dead Voter Removal Process
Michigan takes "more than reasonable" measures to remove deceased voters from its voter rolls, the Sixth Circuit said in a published opinion Tuesday, affirming a district court decision that the state's system meets the level of effort required by the National Voter Registration Act.
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May 06, 2025
Fair Housing Org. Fights Landlord's Counterattack In Bias Suit
An Ohio fair housing organization urged a federal court to toss a landlord's counterclaims in the group's disability bias suit, arguing that the counterclaims "are a transparent attempt" to avoid complying with federal law.
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May 06, 2025
Fed. Circ. Agrees Plane Taxability Patent Doesn't Fly
The Federal Circuit on Tuesday refused to revive an Ohio company's patent that covers using Federal Aviation Administration data to determine "the taxability status of aircraft," agreeing that it covered subject matter that isn't patentable.
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May 06, 2025
State Officials Say CFPB Is Holding Up $4.2M Redress Checks
Officials from a dozen states have accused the Consumer Financial Protection Bureau of ghosting them on a $4.2 million redress plan for former students of a shuttered sales-training firm, saying the agency has not cut any checks and is not answering them.
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May 06, 2025
6th Circ. Backs End To Auto Co. 401(k) Fee Suit
The Sixth Circuit affirmed on Tuesday the dismissal of a proposed class action from Denso International America Inc. workers who alleged mismanagement of their 401(k) plan, backing a Michigan federal court's decision to toss excessive recordkeeping fee claims against the auto parts manufacturer for a lack of specifics.
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May 06, 2025
Ex-Investor In Cannabis-Infused Water Wants Charges Tossed
A former shareholder of American Premium Water Corp. is urging an Ohio federal judge to throw out the charges against him alleging that he participated in a $10 million pump-and-dump scheme, saying the indictment doesn't properly allege his wrongdoing.
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May 06, 2025
6th Circ. Backs Convictions In FirstEnergy Scandal
The Sixth Circuit on Tuesday backed the convictions of former Ohio House Speaker Larry Householder and Republican lobbyist Matthew Borges for their roles in a FirstEnergy Corp. bribery scandal, saying in a published opinion that the jury instructions were clear enough to draw a distinction between legal campaign contributions and bribes.
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May 05, 2025
CoreLife Eatery Settles $7.8M Fraud Claim Over COVID Funds
CoreLife Eatery will pay over $7.8 million to settle allegations that it falsely claimed eligibility for a pandemic-era program meant to boost small businesses, the U.S. Attorneys' Office for the Northern District of New York announced Monday.
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May 05, 2025
PTAB Says It's Bedtime For Sleep Apnea Patent Claims
Patent board judges have decided to wipe out all the claims in a patent covering a method to treat sleep apnea, which were challenged by a San Diego sleep apnea outfit that says those claims reflect "97 percent" of a patent case over sleep apnea machines in Delaware federal court.
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May 05, 2025
Late Amazon Worker's Life Insurance Suit Delayed By 2 Months
An Ohio federal judge on Friday delayed an upcoming trial over a late Amazon worker's life insurance policy by about two months but declined to convert it to a bench trial at this point, saying the request to proceed without a jury was premature.
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May 05, 2025
Ohio Debt Collector Hit With Nuisance Calls Suit
A Marietta, Ohio-based debt collection agency violated state and federal laws against unwanted robocalls, according to proposed class claims filed Monday in federal court.
Expert Analysis
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Lessons Learned From 2024's Top ADA Decisions
Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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How Changes In State Gift Card Laws May Affect Cos. In 2025
2024 state legislative movements around the escheatment of unused gift card balances and consumer fraud protections should prompt issuers to consider whether changes in company domicile or blanket cash-back policies are needed in the new year, say attorneys at Alston & Bird.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Opinion
1 Year After Rule 702 Changes, Courts Have Made Progress
In the year since amendments to the Federal Rules of Evidence went into effect, many federal judges have applied the new expert witness standard correctly, excluding unreliable testimony from their courts — but now state courts need to update their own rules accordingly, says Lee Mickus at Evans Fears.
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Ledbetter's Legacy Shines In 2024 Equal Pay Law Updates
The federal Lilly Ledbetter Fair Pay Act turned 15 this year, and its namesake's legacy is likely to endure in 2025 and beyond, as demonstrated by 2024's state- and local-level progress on pay equity, as well as several rulings from federal appellate courts, say attorneys at Fisher Phillips.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.