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Ohio
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February 04, 2025
Norfolk Southern Hit With 'Toxic Nightmare' Derailment Suit
Hundreds of Ohio and Pennsylvania residents affected by the fallout of the Feb. 3, 2023, Norfolk Southern train derailment have accused the rail company, government agencies and several businesses of downplaying the ongoing harm of the incident, marking one of the latest lawsuits filed on or near the two-year milestone.
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February 04, 2025
Severance Pact Sinks Ex-Mercedes Exec's Age, Race Bias Suit
The Sixth Circuit upheld the dismissal Tuesday of a former executive's suit claiming the financial arm of Mercedes-Benz pushed her out of the company due to age and racial bias, rejecting her argument that a severance agreement she signed before suing the business wasn't enforceable.
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February 04, 2025
6th Circ. Urged To Back $600M Train Derailment Deal
Norfolk Southern and East Palestine, Ohio, residents defended a $600 million class settlement in Sixth Circuit briefs Monday, saying the deal provides meaningful relief to people and businesses impacted by a 2023 train derailment and release of toxic chemicals.
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February 03, 2025
6th Circ. Axes $650M Judgment Against CVS, Walgreens
The Sixth Circuit has vacated two Ohio counties' $650 million win against CVS Health, Walgreens and Walmart, an expected decision that comes after the Ohio Supreme Court found that the state's product liability law doesn't allow for public nuisance claims to be brought over the opioid crisis.
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February 03, 2025
DOJ Vets Start Group To Protect Ex-Colleagues From Trump
Former attorneys at the U.S. Department of Justice are launching a new initiative to protect staff caught in the cross-hairs of President Donald Trump's efforts to reshape the department in his image.
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February 03, 2025
Kroger, Albertsons No-Poach Suit Back In Colo. Court
A proposed class action accusing Kroger Co. and Albertsons of brokering an illegal no-poach agreement that hurt wage negotiations during a strike in Colorado is back in state court, after a grocery store worker dropped a federal court lawsuit and refiled her claims in Denver District Court.
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February 03, 2025
US Steel, Nippon Say Election Politics Blocked $14.9B Deal
Japan's Nippon Steel Corp. and U.S. Steel Corp. on Monday filed their opening brief in a suit against former President Joe Biden and the Committee on Foreign Investment in the United States over a blocked $14.9 billion mega-merger, alleging the deal was blocked purely due to election-year politics and not national security as claimed.
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January 31, 2025
Real Estate Recap: Data Centers, Trump, Prepack Bankruptcy
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including the way law firms are evolving alongside the data center boom, immediate reactions to the Trump administration's policy shakeup, and two Big Law real estate leaders' enthusiasm for prenegotiated bankruptcies.
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January 31, 2025
Small Biz Attys Jump Into 4th Circ. Shell Co. Law Challenge
A business group has urged the Fourth Circuit to stop the U.S. Department of the Treasury from enforcing a law that requires companies to disclose personal identifying information about their beneficial owners and applicants to the agency, saying the law exceeds the limit of Congress' power to regulate intrastate economic activity.
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January 31, 2025
Ohio Businesses Hit Norfolk Southern With Derailment Suits
Norfolk Southern was hit with a slew of new lawsuits over the February 2023 train derailment and chemical spill in Ohio, including by two landlords who claim they lost tenants because of the environmental contamination.
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January 31, 2025
FCA, Chamber Tell 6th Circ. GM Defect Class Has Flaws
Fiat Chrysler, tax-exempt legal organizations and industry trade groups are urging the Sixth Circuit to undo the class certification of drivers suing General Motors over alleged transmission defects, arguing in amicus briefs that a trial court lumping the plaintiffs together "glossed over material differences in the evidence and applicable state laws."
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January 31, 2025
Ohio Customer Sues Eligo Over 'Exorbitant' Electricity Rates
An Ohio man hit retail energy supplier Eligo Energy LLC with a proposed class action alleging that the company fleeced him and tens of thousands of other customers through variable rates stemming from "unbridled price gouging and profiteering."
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January 31, 2025
Supreme Court Eyes Its 'Next Frontier' In FCC Delegation Case
A case about broadband subsidies will give the U.S. Supreme Court the chance to revive a long-dormant separation of powers principle that attorneys say could upend regulations in numerous industries and trigger a power shift that would make last term's shake-up of federal agency authority pale in comparison. And a majority of the court already appears to support its resurrection.
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January 31, 2025
6th Circ. Affirms Pot Biz Owner's $2.8M Tax Restitution
The owner of a medical marijuana dispensary who was sentenced to prison and ordered to pay $2.8 million in restitution to the IRS after being convicted of tax crimes failed to convince the Sixth Circuit that Congress lacked the power to tax his sales of the drug.
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January 31, 2025
Squire Patton, Willkie Farr Guide $1.3B Allstate Unit Deal
Squire Patton Boggs LLP-advised Nationwide has agreed to buy Group Health from Willkie Farr & Gallagher LLP-led Allstate Corp. for $1.25 billion in cash.
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January 31, 2025
Nippon Targets Sanyo Special Steel After Nixed US Steel Deal
Japan's Nippon Steel Corp. on Friday announced plans to launch a tender offer valued at 70.5 billion yen ($456 million) to acquire full control of Sanyo Special Steel, a move that comes in the wake of former President Joe Biden blocking Nippon's $14.9 billion megadeal with U.S. Steel.
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January 30, 2025
Calif. AG Asks 9th Circ. To Block Meta's MDL Discovery Win
The California attorney general urged the Ninth Circuit on Wednesday to block orders requiring third-party state agencies to respond to Meta Platforms' discovery demands in multidistrict litigation over social media's alleged harms, arguing in a mandamus petition the "clearly erroneous" ruling "runs roughshod" over the state's constitutional divisions of power.
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January 30, 2025
Ex-Doc Wants Insurer's Defense Against Sex Misconduct Suits
A former Ohio doctor facing civil suits after being indicted for sexual misconduct including rape during medical exams told an Ohio federal court that his insurer can't cancel his coverage and must keep defending him regardless of prior alleged misconduct, because he wasn't required to report it.
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January 30, 2025
Peruvians Tell High Court Smelter Lawsuit Should Proceed
Peruvian nationals suing U.S. billionaire Ira Rennert's The Renco Group Inc. for allegedly poisoning them with toxic chemicals from a smelting and refining complex in a rural part of the country are asking the U.S. Supreme Court to let their litigation move forward.
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January 30, 2025
Ky. Clerk Asks 6th Circ. To Ax $100K Marriage License Verdict
A Kentucky clerk who refused to issue marriage licenses to couples in protest of the legalization of same-sex marriage asked the Sixth Circuit on Thursday to toss damages awarded to one couple for emotional distress, citing insufficient evidence and invoking free speech protections.
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January 30, 2025
6th Circ. Wonders If Trump NLRB Shake-Up Moots Memo Suit
Sixth Circuit judges wrestled Thursday with what to do with a legal challenge to a memo penned by the National Labor Relations Board's former general counsel given her recent firing and expected shifts in the agency's policy direction under President Donald Trump.
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January 29, 2025
Albertsons Must Face County's Opioid Nuisance Claims
Albertsons Cos. Inc. can't escape a Texas county's public nuisance claims stemming from opioid sales at the grocery giant's in-store pharmacies, an Ohio federal judge ruled Tuesday, saying there's a "common law duty of care" for pharmacies not to expose the county to a "reasonably foreseeable" risk of harm.
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January 29, 2025
Court Garbled Pharma Owner's Fraud Charges, 6th Circ. Told
An Ohio district court misrepresented healthcare fraud charges against a pharmaceutical salesman to a jury, his attorney argued Wednesday before the Sixth Circuit, calling for the court to overturn his 2023 conviction and subsequent restitution order to pay $7 million to the IRS.
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January 29, 2025
Ga. Judge Won't Free Wildlife Rehab From Animal Care Suit
A Georgia federal judge on Tuesday refused to free Noah's Ark Animal Rehabilitation Center and Sanctuary or the chair of its board of directors from an Ohio-based nonprofit's suit alleging the center failed to properly care for its wildlife.
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January 29, 2025
6th Circ. Doubts Free Speech Flouted By Deer Hunt Drone Ban
Sixth Circuit judges sounded skeptical on Wednesday that a drone company can challenge a Michigan law barring drone use to hunt deer by claiming the law violates their free-speech ability to use the devices to locate and communicate about fallen game, with the judges suggesting the statute seems to regulate conduct rather than speech.
Expert Analysis
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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Notable Q2 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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Perspectives
2 High Court Rulings Boost Protections Against Gov't Reprisal
The U.S. Supreme Court’s recent decisions in Gonzalez v. Trevino and Chiaverini v. City of Napoleon significantly strengthen legal protections against retaliatory arrests and malicious prosecution, and establish clear precedents that promote accountability in law enforcement, say Corey Stoughton and Amanda Miner at Selendy Gay.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.
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Opinion
It's Time For A BigLaw Associates' Union
As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.
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How Justices Upended The Administrative Procedure Act
In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.
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Ohio's New Citation Rules Could Cure 'The Bluebook Blues'
The Ohio Supreme Court recently revised its writing manual to streamline citation format in legal briefs and opinions, deviating from Bluebook style, and encouraging lawyers and judges to draft cleaner documents that will give the substance of their legal arguments more persuasive power, say L. Bradfield Hughes and Chance Conaway at Porter Wright.
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Mirror, Mirror On The Wall, Is My Counterclaim Bound To Fall?
A Pennsylvania federal court’s recent dismissal of the defendants’ counterclaims in Morgan v. Noss should remind attorneys to avoid the temptation to repackage a claim’s facts and law into a mirror-image counterclaim, as this approach will often result in a waste of time and resources, says Matthew Selmasska at Kaufman Dolowich.