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August 19, 2025
Sotera Urges 6th Circ. To Toss Investors' Toxic Gas Suit
Sotera Health Co. urged the Sixth Circuit to affirm the dismissal of a lawsuit accusing it of concealing the carcinogenic nature of a gas used at its sterilization plants, saying "defending yourself in litigation is not securities fraud."
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August 19, 2025
Ex-CBD Water Co. CEO Cops To Wire Fraud In Stock Scheme
A former CEO of a microcap issuer purportedly in the cannabis beverage business has copped to wire fraud in connection with kickbacks and related transactions involving undercover law enforcement that he initiated as part of an alleged long-running scheme to manipulate prices for the company's shares.
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August 19, 2025
OAN Owner Looks To Depose UMich Expert In Dominion Case
One America News Network's owner has asked the Sixth Circuit to force a University of Michigan cybersecurity expert to testify in Dominion Voting Systems' defamation case over the network's coverage of the 2020 presidential election, saying a judge erred when he blocked the deposition.
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August 19, 2025
21 AGs Push DEA To Schedule 'Designer Xanax'
Kentucky Attorney General Russell Coleman and 20 other state attorneys general are urgently asking the U.S. Drug Enforcement Administration to schedule an unregulated substance known as "designer Xanax" under the Controlled Substances Act, saying it is contributing to overdose deaths and posing a growing threat to public health.
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August 19, 2025
Ejected NCAA Fan Ends Negligence, Civil Rights Lawsuit
A woman ejected from an NCAA Division III Final Four game at Capital University in Ohio has shelved her negligence and civil rights lawsuit against the organization and several individual defendants.
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August 18, 2025
Mich. Judge Keeps Eagles Player In NCAA Fight On Field
A Michigan state court judge has granted a preliminary injunction allowing an Eastern Michigan University offensive lineman to remain on the football team while he challenges a five-year eligibility cap for college athletes, saying the player has shown a likelihood of success at trial on his claims.
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August 18, 2025
GrafTech Investors' Plant Contamination Suit Gets Tossed
An Ohio federal judge threw out a shareholder lawsuit against GrafTech International Ltd. on Monday, ruling that allegations the company hid environmental contamination problems at a Mexican plant amounted to "fraud by hindsight."
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August 18, 2025
Progressive Must Cover $6M Title Insurer Judgment, Mall Says
Progressive must cover a more than $6 million judgment against a title insurance agency that Progressive insured, the owner of a New Jersey shopping center told a Pennsylvania state court, arguing that Progressive-appointed counsel rejected prior settlement opportunities in bad faith.
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August 18, 2025
Ohio State Court Finds Google Is Not A Common Carrier
An Ohio state court has ruled that Google's search engine does not qualify as a common carrier that would be subject to heightened oversight, finding that Google does not transport products for others or claim that its search results are "indifferent."
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August 18, 2025
Accountant Says Property Co. Fired Her During FMLA Leave
A property management company terminated an accountant three days before she was scheduled to return to work following gallbladder surgery, telling her the job was being outsourced when in reality her duties were assigned to other employees, she said in a suit filed in Ohio federal court.
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August 18, 2025
3rd Circ. Backs Pittsburgh In Row Over Zoning Board Conflict
The Third Circuit has backed the dismissal of a mixed-use project developer's million-dollar lawsuit against the Pittsburgh Zoning Board of Adjustment over variance delays caused by a conflict of interest dispute, saying its due process rights weren't violated.
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August 15, 2025
6th Circ. Backs Baker Donelson In Malpractice Dispute
A Sixth Circuit panel said Friday that Baker Donelson was correctly dismissed from a legal malpractice suit brought by the founder of an urgent care facility because it cannot be established that the underlying shareholder dispute claims that the firm was accused of fumbling would have been successful.
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August 15, 2025
Real Estate Recap: Water Law, Risky Debt, NYC Rezone
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney insights into coastal development, one bank's bullish outlook on construction financing, and Midtown Manhattan's greenlight for denser residential development.
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August 15, 2025
Ohio Justices Back Landlord In Speedway Store Leases Suit
The Ohio Supreme Court has sided with a landlord embroiled in a lease renewal dispute with a tenant that subleased 24 properties to major convenience store chain Speedway LLC, ruling that the tenant didn't make a mistake when it negligently failed to renew its leases on time.
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August 15, 2025
Ohio Regulator Denies Permit For Cleveland Browns' Stadium
A letter surfaced Friday from the Ohio Department of Transportation denying a permit for the Cleveland Browns' new stadium, saying the height of the structure would be "an obstruction" to the airspace at its current proposed location in a Cleveland suburb.
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August 15, 2025
'Creative' $2.5B DuPont Deal In NJ Is PFAS Road Map For AGs
After six years of litigation between New Jersey and E.I. du Pont de Nemours, including a series of bench trials, the chemical manufacturer agreed to a deal that committed more than $2 billion to cleaning up the Garden State from "forever chemical" contamination at four of its facilities, in the largest environmental settlement ever achieved by a single state.
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August 15, 2025
Truck Co. Asks Justices To Review Denial Of $268M Tax Break
A Tennessee truck company seeking $268 million in excise tax exemptions for its refurbished tractors has asked the U.S. Supreme Court to review a Sixth Circuit decision finding the company's tractors might not qualify because they may have previously been sold to tax-exempt buyers.
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August 14, 2025
6th Circ. Upholds FCC's Telecom Data Breach Rules
The Sixth Circuit on Wednesday upheld the Federal Communications Commission's expanded data breach notification rules for telecommunications carriers, rejecting challenges from industry groups who said the 2024 changes were too similar to a 2016 FCC order that Congress rejected under the Congressional Review Act early the following year.
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August 14, 2025
Planet Fitness Shorted OT Pay, Ex-General Manager Says
A onetime Planet Fitness general manager has filed a collective action in Ohio federal court, alleging the gym failed to pay nonexempt employees overtime in violation of the Fair Labor Standards Act, and failed to maintain accurate records of time worked and amounts earned by and paid to employees.
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August 14, 2025
OptumRx Flags Email Accidentally Sent To Opioid MDL Parties
UnitedHealth subsidiary OptumRx Inc. is seeking a ban on secret communications with the Ohio federal judge overseeing sprawling national opioid litigation after the court-appointed special master accidentally sent the company an email, intended for the judge, celebrating a "gambit" that prevented objections to his decision.
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August 13, 2025
6th Circ. Clarifies Class Cert. Standard In FirstEnergy Suit
A class of FirstEnergy investors suing in the wake of a $1 billion bribery scandal should not have been certified, the Sixth Circuit ruled Wednesday, saying the district court applied the wrong standard, but indicated the class could be recertified on remand.
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August 13, 2025
High Court Asked To Review Marking Tape Patent Fight
The inventor of a patent covering a type of marking tape wants the U.S. Supreme Court to take up his challenge to a Federal Circuit ruling that the patent is invalid, saying issues related to jurisdiction need the high court's attention.
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August 27, 2025
Water Law & Real Estate: A Special Report
What's more summery than a trip to the shore? That's where Law360 Real Estate Authority has headed — not for a break, but for a special section looking at waterfront real estate, from coastal development challenges to big projects and the lawyers keeping them on course.
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August 13, 2025
Should Judges Explain En Banc Votes? 6th Circ. Can't Agree
Two Sixth Circuit judges clashed Tuesday over appellate judges writing opinions to explain their votes on en banc petitions, as one longtime judge called the practice "offensive to our system of panel adjudication."
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August 13, 2025
Insurer Owes Defense In Hotel Trafficking Suits, Court Told
Red Roof Inn told an Ohio federal court Wednesday that a Liberty Mutual unit must defend it in 11 lawsuits alleging it violated the U.S. Trafficking Victims Protection Reauthorization Act by financially benefitting from human trafficking, arguing the claims fall outside separate exclusions for intended and criminal acts.
Expert Analysis
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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.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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What Baseball Can Teach Criminal Attys About Rule Of Lenity
Judges tend to assess ambiguous criminal laws not unlike how baseball umpires approach checked swings, so defense attorneys should consider how to best frame their arguments to maximize courts' willingness to invoke the rule of lenity, wherein a tie goes to the defendant, says Jonathan Porter at Husch Blackwell.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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Perspectives
Justices' Sentencing Ruling Is More Of A Ripple Than A Wave
The U.S. Supreme Court’s decision last week in Esteras v. U.S., limiting the factors that lower courts may consider in imposing prison sentences for supervised release violations, is symbolically important, but its real-world impact will likely be muted for several reasons, say attorneys at Perkins Coie.