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February 21, 2024
Justices Squabble Over Emergency Review Of EPA Smog Plan
The U.S. Supreme Court's liberal wing denounced during oral argument Wednesday their colleagues' decision to consider the merits of four related emergency requests to prevent the U.S. Environmental Protection Agency from implementing a plan to reduce cross-state pollution without first getting lower court input.
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February 21, 2024
Irish Pub Chain's Ex-CFO Gets 1.5 Years For $1M Tax Fraud
The former chief financial officer of a pub chain with more than a dozen Irish-themed restaurants was sentenced to one and a half years in prison Wednesday by an Ohio federal court for his role in a bookkeeping scheme that defrauded eight states of $1 million in sales taxes.
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February 21, 2024
'Loser Pays' Arbitration Pact Spurs Age Bias Case's Revival
An Ohio state appeals court revived a fired orthodontist's age bias suit claiming she was sacked after complaining that a younger colleague harassed her, ruling that a trial court was too quick to kick the case to arbitration in light of the contract's potentially problematic "loser pays" clause.
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February 21, 2024
Ohio Justice Fights To Keep Election Label Rule Suit Alive
Ohio Supreme Court Justice Jennifer Brunner pushed back against the Buckeye State secretary of state's bid to throw out her suit challenging a law requiring candidates for appellate judgeships to have their party affiliations on election ballots, arguing her constitutional rights had already been violated.
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February 20, 2024
US Chamber Urges 6th Circ. To Ax FirstEnergy Class Cert.
The U.S. Chamber of Commerce, former U.S. Securities and Exchange Commission officials and others have urged the Sixth Circuit to reverse class certification in a case accusing FirstEnergy Corp. of committing securities fraud in connection with a multimillion-dollar bribe made to a convicted politician.
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February 20, 2024
Ex-OCC Fintech Chief Won Over Top Brass Despite Red Flags
The Office of the Comptroller of the Currency's onetime fintech chief who seemingly fabricated his professional background appears to have sailed through the hiring process at the agency, according to internal OCC communications obtained by Law360.
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February 20, 2024
FERC Greenlights $6.7B Vistra-Energy Harbor Merger
The Federal Energy Regulatory Commission has approved a $6.7 billion proposed merger between Vistra Corp. and Ohio-based Energy Harbor LLC after taking extra time to review the tie-up amid competition concerns from both federal antitrust officials and state consumer advocates.
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February 20, 2024
GOP Sens. Seek Full Impeachment Trial For Mayorkas
A group of Senate Republicans made the case on Tuesday that their constitutional duty compels them to hold a full impeachment trial for Alejandro Mayorkas, secretary of the U.S. Department of Homeland Security, despite reservations from other Republicans in the Democrat-led Senate.
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February 20, 2024
Pa. Contractor Says Ohio Cosmetic Centers Skipped $2M Bill
A construction contractor took the owner of several medical spa and cosmetic surgery practices to Pennsylvania state court on Friday after the healthcare firm allegedly halted projects in two Ohio suburbs and then failed to pay $2 million that the builder was owed for its work on them.
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February 16, 2024
6th Circ. Rejects FirstEnergy Objector's Appeal In $180M Case
The Sixth Circuit on Friday rejected an appeal from a FirstEnergy investor who was holding up a $180 million settlement in a derivative suit seeking to hold the utility company responsible for its involvement in a $1 billion bribery scandal.
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February 16, 2024
The Congressman Who Reps Cannabis Reform On Capitol Hill
Rep. Earl Blumenauer speaks to Law360 about the prospects for Congress enacting marijuana reform, why he supports moving cannabis to Schedule III and some of the drug policy triumphs and setbacks in his home state of Oregon.
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February 16, 2024
Up Next At High Court: Deadlines, Delivery Drivers & Smog
The U.S. Supreme Court will be closed Monday for Presidents Day and will begin a short oral argument week on Tuesday, during which the justices will consider the deadlines for challenging a federal agency's action and bringing copyright infringement claims.
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February 16, 2024
Catching Up With Delaware's Chancery Court
News broke last week that Delaware's Court of Chancery will say goodbye to its current longest-serving jurist, a development that quickly overshadowed a busy week of new merger and board disputes, fee rulings, settlements, and books-and-records demands.
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February 16, 2024
Ex-Ohio Judge Indefinitely Suspended For Felony Convictions
The Ohio Supreme Court indefinitely suspended a former judge for the Buckeye State's Marion County Court of Common Pleas Friday, after he was convicted on two felony counts arising from a car crash that occurred while he was still on the bench.
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February 16, 2024
Former Worker Says Supercuts Owner Cut OT Rate Too Short
A former worker is accusing the owner of about 400 Supercuts, Cost Cutters and Holiday Hair salons in seven states of shortchanging its hourly employees on their compensation by not accounting for commissions and other non-discretionary bonuses in their overtime rate calculations.
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February 15, 2024
Sens. Press Zelle To Clarify Fraud Reimbursement Policies
The chair of the U.S. Senate's banking committee and two of its members on Thursday pressed the CEO of the company behind Zelle to clarify the instant payment platform's policies protecting consumers from scams and fraud.
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February 15, 2024
IP Forecast: 'No Labels' Party Feuds With Website Over Name
In advance of debuting candidates for its promised "Unity Ticket for 2024," third-party political group No Labels will fight next week with a website's owners who say the group's name is merely a generic phrase any candidate can use. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.
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February 15, 2024
Shoppers Say Albertsons-Kroger Suit Shortcomings Fixed
Consumers challenging Kroger's $24.6 billion bid for Albertsons defended their revised lawsuit in California federal court against the supermarkets' latest dismissal bid, arguing their tweaked complaint now adequately identifies the affected stores and lays out how the deal threatens competition.
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February 15, 2024
HHS Targets Biz Group's Standing In Bid To End Medicare Suit
The Biden administration has asked an Ohio federal judge to dismiss a lawsuit challenging the Medicare price negotiation program, contending that the local business group serving as lead plaintiff lacks standing to sue.
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February 15, 2024
GM Tells 6th Circ. Unharmed Drivers Can't Be Certified
General Motors urged the Sixth Circuit on Wednesday to reverse the certification of 26 classes of drivers who allege the automaker sold vehicles with defective transmissions, saying the district court "shirked" its duty to rigorously analyze issues before granting the certification.
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February 15, 2024
Michigan Wants 1 Panel For 3 Appeals Of LGBTQ Rights Laws
The Michigan Civil Rights Commission asked the Sixth Circuit to put three separate appeals brought by religious organizations objecting to the state's laws designating gender identity and sexual orientation as protected classes before the same merits panel, arguing that doing so would ensure judicial consistency.
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February 15, 2024
What Rescheduling Pot Would Mean For Criminal Justice Reform
While federal drug enforcers mull a recommendation from health regulators to loosen restrictions on marijuana, criminal justice reformers are warning that rescheduling the drug would not realize President Joe Biden's campaign promise to decriminalize marijuana.
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February 15, 2024
Biggest Tiremakers Sued Over Alleged Price-Fixing
An Illinois tire buyer is piggy-backing off last month's European Commission raids of tire manufacturers in a new class action, alleging that the biggest players in the industry have been colluding to artificially inflate new replacement tire prices in the wake of the COVID-19 pandemic.
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February 15, 2024
Petition Watch: Classes, Litigation Changes & Fraud Theories
The U.S. Supreme Court receives thousands of petitions for review each term, but only a few make the news. Here, Law360 looks at four petitions filed in the past three weeks that you might've missed, including questions over how courts should analyze class certification bids and regulations restricting specific speech for content-neutral reasons, whether plaintiffs must reestablish standing after amending lawsuits, and what constitutes fraud.
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February 15, 2024
8 Men Get Jail Time In $2M Hemp Wine Pump-And-Dump Ploy
Ohio federal prosecutors have announced the convictions of eight men charged with participating in a pump-and-dump scheme meant to boost the Global Resource Energy Inc. stock price, which purportedly planned to offer hemp-infused wine.
Expert Analysis
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The Legal Consequences Of High PFAS Background Levels
As federal and state regulations around per- and polyfluoroalkyl substances proliferate, emerging scientific literature is showing that PFAS exist in many environments at background levels that exceed regulatory limits — and the potential legal implications are profound, say Grant Gilezan and Paul Stewart at Dykema and Dylan Eberle at Geosyntec Consultants.
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Every Lawyer Can Act To Prevent Peer Suicide
Members of the legal industry can help prevent suicide among their colleagues, and better protect their own mental health, by learning the predictors and symptoms of depression among attorneys and knowing when and how to get practical aid to peers in crisis, says Joan Bibelhausen at Minnesota Lawyers Concerned for Lawyers.
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Building On Successful Judicial Assignment Reform In Texas
Prompt action by the Judicial Conference could curtail judge shopping and improve the efficiency and procedural fairness of the federal courts by implementing random districtwide assignment of cases, which has recently proven successful in Texas patent litigation, says Dabney Carr at Troutman Pepper.
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Cities Should Explore Minn. Municipal Alcohol Store Model
Minnesota’s unique alcohol control model that functions at the municipal level may be worth exploring for cash-strapped cities looking for an additional stream of revenue, though there may be community pushback, say Louis Terminello and Bradley Berkman at Greenspoon Marder.
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Do Videoconferences Establish Jurisdiction With Defendants?
What it means to have minimum contacts in a foreign jurisdiction is changing as people become more accustomed to meeting via video, and defendants’ participation in videoconferencing may be used as a sword or a shield in courts’ personal jurisdiction analysis, says Patrick Hickey at Moye White.
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Opinion
Humanism Should Replace Formalism In The Courts
The worrying tendency for judges to say "it's just the law talking, not me" in American decision writing has coincided with an historic decline in respect for the courts, but this trend can be reversed if courts develop understandable legal standards and justify them in human terms, says Connecticut Superior Court Judge Thomas Moukawsher.
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20 Years On, Campbell Holds Lessons On Reining In Ratios
Twenty years ago, the U.S. Supreme Court's decision in State Farm v. Campbell provided critical guidance on the constitutionally permissible ratio of punitive to compensatory damages — and both Campbell and subsequent federal circuit court decisions informed by it offer important pointers for defendants, say attorneys at Dechert.
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Don't Let Client Demands Erode Law Firm Autonomy
As clients increasingly impose requirements for attorney hiring and retention related to diversity and secondment, law firms must remember their ethical duties, as well as broader issues of lawyer development, culture and firm integrity, to maintain their independence while meaningfully responding to social changes, says Deborah Winokur at Cozen O'Connor.
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6th Circ. Ruling's Seismic Shift In FCA Kickback Causation
It is difficult to overstate the significance of the Sixth Circuit’s recent decision in the False Claims Act kickback case U.S. v. Hathaway, which shifts the government's burden of proof by adopting a more defense-friendly causation standard and curbing an expansive definition of remuneration, say attorneys at Morgan Lewis.
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Why Event-Driven Securities Class Actions Often Succeed
Though corporate defendants point to event-driven cases as evidence that the American securities class action regime has gone haywire, in fact, these suits illustrate precisely why securities litigation works so well to protect investors and the broader capital markets, say Daniel Barenbaum and Michael Dark at Berman Tabacco.
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As EVs Surge, Regs For Charger Warranties Remain Murky
Even as electric vehicles move rapidly into the mainstream, extended warranties for EV chargers do not always fit clearly into existing regulatory categories — but how such contracts are classified can have serious implications for the companies that issue and sell them, say attorneys at Locke Lord.
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Opinion
Federal Judge's Amici Invitation Is A Good Idea, With Caveats
An Arkansas federal judge’s recent order — inviting amicus briefs in every civil case before him — has merit, but its implementation may raise practical questions about the role of junior attorneys, economic considerations and other issues, says Lawrence Ebner at the Atlantic Legal Foundation.
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Fox Ex-Producer Case Is A Lesson In Joint Representation
A former Fox News producer's allegations that the network's lawyers pressured her to give misleading testimony in Fox's defamation battle with Dominion Voting Systems should remind lawyers representing a nonparty witness that the rules of joint representation apply, says Jared Marx at HWG.
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Opinion
Stanford Law Protest Highlights Rise Of Incivility In Discourse
The recent Stanford Law School incident, where students disrupted a speech by U.S. Circuit Judge Kyle Duncan, should be a reminder to teach law students how to be effective advocates without endangering physical and mental health, says Nancy Rapoport at the University of Nevada.
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Dispute Prevention Strategies To Halt Strife Before It Starts
With geopolitical turbulence presenting increased risks of business disputes amid court backlogs and ballooning costs, companies should consider building mechanisms for dispute prevention into newly established partnerships to constructively resolve conflicts before they do costly damage, say Ellen Waldman and Allen Waxman at the International Institute for Conflict Prevention and Resolution.