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March 08, 2024
Abercrombie Ex-CEO Gets Legal Fees For NY Sex Assault Suit
Abercrombie & Fitch Co. must front the legal fees of a former CEO accused of using his position to sexually abuse aspiring male models, a Delaware Court of Chancery judge ruled Friday, finding the allegations raised in a New York federal lawsuit were tied to his corporate role.
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March 08, 2024
Debt-Stricken Homeowners Fight Back After High Court Ruling
Ten months after a landmark U.S. Supreme Court decision finding a Minnesota county wrongly held onto excess proceeds it reaped after seizing a woman’s condominium and selling it to settle a tax debt, states are scrambling to reexamine their laws as financially distressed homeowners file new suits challenging the practice.
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March 08, 2024
Migrant Parole Program Survives GOP States' Challenge
A Texas-led coalition of states lost their bid to challenge a Biden administration program letting Cubans, Haitians, Nicaraguans and Venezuelans temporarily work in the U.S., after a federal judge ruled Friday they lack standing to sue over the program.
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March 08, 2024
Ohio Panel Revives Gov't Contract Overseer's Breach Suit
An Ohio appellate court revived a government contract administration company's suit against a state agency it claimed cut its revenue by millions by diverting potential projects from the firm despite their third-party administrator contract, reversing a lower court's decision that the claim was filed too late.
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March 07, 2024
Judges Say Facing Threats And Vitriol Now Part Of The Job
Federal judges spoke Thursday about the challenges of the profession in the 21st century, describing how they've either received threats or know of warnings against colleagues, with one jurist saying she received 11 death threats during her first three months on the bench.
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March 07, 2024
DC Circ. Mulls Groundwater In Coal Ash Closure Fight
A D.C. Circuit panel on Thursday seemed wary of an energy industry coalition's claim that the U.S. Environmental Protection Agency illegally strengthened regulations to clean up coal ash waste impoundments by stretching regulatory definitions to cover facilities in contact with groundwater.
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March 07, 2024
Sens. Tell Stores To Get Illegal E-Cigs Off Their Shelves
Five U.S. senators on Thursday told the heads of major convenience store and gas station chains to stop sales of unauthorized flavored e-cigarette products, saying that their illegal sales pose a major threat to public health, especially children's.
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March 07, 2024
Wells Fargo Charged For Unwanted Programs, Customer Says
An Ohio resident is the latest to bring proposed class claims against Wells Fargo over the bank's recent disclosures that some of its customers were unwittingly enrolled in certain financial products offered by the bank as far back as 2007, and charged fees for them.
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March 07, 2024
Ohio Justices Split On University's Immunity In Refund Fight
The Republican majority of the Ohio Supreme Court has said an intermediate appellate court needs to decide if Ohio State University can claim discretionary immunity in a former student's tuition refund suit, with three Democrat justices dissenting to say the majority's decision undercuts the trial court's statutory authority.
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March 07, 2024
Senate Tees Up 5 More Judge Picks Despite GOP Resistance
The Senate Judiciary Committee voted out five judicial nominees on Thursday, which includes various historic firsts for diversity.
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March 07, 2024
Nissan Cooling Fans Defective, Class Suit Claims
A proposed class of car buyers is suing Nissan North America Inc. in Tennessee federal court, alleging the automaker made and sold Pathfinder and Infiniti vehicles with defective radiator fans, leading to engines overheating and shutting down.
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March 06, 2024
Meta Must Tackle Increased Account Hijackings, 41 AGs Say
A bipartisan group of 41 attorneys general have urged Meta Platforms Inc. to tackle the "dramatic" increase in hackers taking over Facebook and Instagram accounts, saying the attacks have caused financial harm to victims and their families and friends.
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March 06, 2024
6th Circ. Orders Do-Over For Insurer's $3.3M Recoupment Row
A Sixth Circuit panel on Tuesday revived a Chubb unit's bid to recoup costs from two other insurers after it helped windshield repair company Safelite pay for its defense against a competitor's suit, saying the lower court must conduct an analysis to determine whether the other carriers were prejudiced by late notice.
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March 06, 2024
Norfolk Southern Can't Shift Cleanup Costs To Tank Car Cos.
Norfolk Southern cannot dump environmental cleanup costs on seven tank car owners and shipping customers with rail cars transporting chemicals and hazardous materials on the train that derailed in East Palestine last year, an Ohio federal judge said Wednesday.
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March 06, 2024
NTSB Chief Says Boeing Isn't Sharing Info In Blowout Probe
The National Transportation Safety Board's chief told a Senate panel Wednesday that The Boeing Co. still hasn't provided information about the door plug that blew off a 737 Max 9 jet two months ago, fueling troubling new questions as Boeing faces multiple probes into its safety culture and quality control.
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March 06, 2024
Power Co. Can't Escape Explosion Fraud Claim
An infrastructure supply company can't toss a fraud claim brought by an industrial company's insurers in a suit seeking to recoup $18.7 million in damages for a manufacturing facility explosion, an Ohio federal court ruled, finding that the carriers can bring both a breach of contract claim and a fraud claim.
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March 06, 2024
Ohio Neurologist Can't Shorten His Drug Kickback Sentence
An Ohio federal judge ruled an imprisoned neurologist cannot shorten his 30-month sentence for conspiring to collect illegal kickbacks for prescribing Nuedexta, a drug used to treat patients who have uncontrollable fits of laughter or crying, stating that his victims' vulnerability exempts him from his requested reduction.
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March 05, 2024
Lordstown Ch. 11 Plan Confirmed After Settlements Reached
A Delaware bankruptcy judge confirmed the Chapter 11 plan of electric vehicle maker Lordstown Motors Corp. over the objection of the Office of the U.S. Trustee after finding that the debtor is eligible for a discharge of its liabilities.
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March 05, 2024
Tank Car Cos. Can Inspect Derailed Train Parts, Judge Says
An Ohio federal magistrate judge said Tuesday that the National Transportation Safety Board must allow rail tank car owners facing claims in sprawling consolidated litigation to inspect crucial components from the Norfolk Southern train that derailed in East Palestine last year.
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March 05, 2024
5th Circ. Judge Slams SEC's 'Loosey-Goosey' Proxy Rules
The Fifth Circuit heard arguments Tuesday in a case that could shape the future of the U.S. Securities and Exchange Commission's process for assessing requests to block certain shareholder proposals from proxy materials, with one judge casting doubt on the agency's argument that conservative Kroger Co. investors should sue the company directly if they are unhappy with attempts to block them from the corporate ballot.
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March 05, 2024
Ohio Pot Facility Explosion Sparks Suit Against Lighting Co.
An Ohio cannabis grower and its insurer accused a lighting products company of failing to warn them about the dangers of its merchandise after one of its lamps allegedly exploded in a growth facility, causing hundreds of thousands of dollars worth of damage.
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March 05, 2024
Aetna Accused Of 'Reprehensible' ER Services Underpayment
Multiple Aetna health insurance entities were hit with a lawsuit in Ohio accusing them of "reprehensible systemic underpayments" to healthcare workers who provide emergency services, underpayments that the complaint said were damaging to the medical system.
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March 04, 2024
Judge Releases Entity From Ohio Hotel Sex Trafficking Suit
A federal judge released a holding company from a lawsuit brought by a plaintiff who accuses Choice Hotels International Inc., Wyndham Hotels & Resorts Inc. and other hotel companies of failing to prevent her from being trafficked at four Ohio hotels.
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March 04, 2024
Ohio Metal Parts Maker, Workers Seek OK Of Wage Settlement
An Ohio-based metal parts manufacturer and a pair of workers who alleged they were stiffed for untaken breaks and time spent changing into safety gear told an Ohio federal court Monday that they had resolved their Fair Labor Standards Act dispute.
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March 04, 2024
Ohio Agency Puts Discovery On Hold In FirstEnergy Probes
The Ohio utilities commission will hold off discovery for its just-unfrozen investigations arising from FirstEnergy Corp.'s notorious bribery scandal after the state attorney general's office warned that compelling testimony from anyone allegedly involved in the scheme could make them immune from criminal prosecution.
Expert Analysis
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Cos. Shouldn't Alter Noncompete, Severance Agreements Yet
Two recent actions from the Federal Trade Commission and the National Labor Relations Board have sought to ban noncompete agreements and curtail severance agreements, respectively, but employers should hold off on making any changes to those forms while the agencies' actions are challenged, say attorneys at Herbert Smith.
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A Lawyer's Guide To Approaching Digital Assets In Discovery
The booming growth of cryptocurrency and non-fungible tokens has made digital assets relevant in many legal disputes but also poses several challenges for discovery, so lawyers must garner an understanding of the technology behind these assets, the way they function, and how they're held, says Brett Sager at Ehrenstein Sager.
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Opinion
High Court's Ethics Statement Places Justices Above The Law
The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.
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Opinion
Time For Law Schools To Rethink Unsung Role Of Adjuncts
As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.
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Tips For In-House Legal Leaders In A Challenging Economy
Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.
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Beware Patchwork Of State NIL Laws For Student-Athletes
With each U.S. state at a different stage of engaging with name, image and likeness laws for collegiate and high school student-athletes, the NIL world is as much a minefield for attorneys as it is for the players themselves — and counsel must remain on red alert for any and all legislative changes, say Lauren Bernstein and Dan Lust at Moritt Hock.
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When Are Cos. Liable For Building Customers' Designs?
The Sixth Circuit's recent decision in Cash-Darling v. Recycling Equipment serves as a warning to manufacturers regarding the extent to which they may become involved in customers' design decisions without exposing themselves to liability, and highlights the fact-sensitive nature of such cases, says Timothy Freeman at Tanenbaum Keale.
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What Associates Need To Know Before Switching Law Firms
Excerpt from Practical Guidance
The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.
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A Case For Sharing Mediation Statements With Counterparties
In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.
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Preparing For Legal Scrutiny Of Data Retention Policies
Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.
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EPA's Good Neighbor Ozone Plan: What Cos. Should Know
With the U.S. Environmental Protection Agency's recently issued Good Neighbor Rule set to restrict ozone-forming smokestack emissions from power plants and industrial facilities in 23 states, the time is now for companies to consider options available under the rule to mitigate costs and legal exposure, says John Watson at Spencer Fane.
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Opinion
Attorneys Should Have An Ethical Duty To Advance DEI
National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.
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Data-Driven Insights Are Key To Attracting Today's Clients
As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.
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In Arbitration, Consider The Influence Of State Laws
A California appellate court's recent refusal, based in state law, to compel arbitration in Barraza v. Tesla illustrates the importance of understanding substantive and procedural differences between state arbitration law and the Federal Arbitration Act — and when those distinctions can alter case outcomes, says Richard Mason at MasonADR.
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Ghosting In BigLaw: Why Better Feedback Habits Are Needed
Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.