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October 15, 2025
OCC Conditionally OKs Palmer Luckey's Thiel-Backed Bank
The Office of the Comptroller of the Currency on Wednesday gave its initial green light to a new virtual currency-focused national bank backed by tech entrepreneurs Peter Thiel and Palmer Luckey, marking the first such approval for a new bank since Jonathan Gould was sworn in as Comptroller in July.
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October 15, 2025
Wash. Panel Mulls Trimming $103M Ruling Against Nationwide
A Washington state appeals panel on Wednesday indicated it's open to cutting at least some of a $103 million judgment against insurer Nationwide over a car crash that killed three children, though the judges acknowledged they're still confused by the complicated nature of the case.
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October 15, 2025
Mich. AG Urges Justices To Leave Enbridge Suit In State Court
Michigan's attorney general has asked the U.S. Supreme Court to strictly enforce the statutory deadline for transferring a case to federal court and refuse Enbridge Energy LP's entreaties to move her lawsuit seeking to shut down a pipeline out of state court.
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October 14, 2025
Smucker Sues To Squash Trader Joe's 'Uncrustables' Copycat
J.M. Smucker, whose "Uncrustables" sandwiches have been a staple in countless school lunchrooms, is taking Trader Joe's to the courtroom, accusing the grocery chain of swiping Smucker's intellectual property to market its own copycat version of the crustless PB&Js.
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October 14, 2025
6th Circ. Won't Revive Allergy Tester's Antitrust Case
The Sixth Circuit refused to revive an allergy testing and treatment company's antitrust case accusing an insurer and a medical group of conspiring to squeeze it out of the market, after finding that doctors are the ones being directly harmed by the alleged activity.
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October 14, 2025
Ex-Fujitec Atty May Sue Over Defamation But Not Race Bias
A Cincinnati federal judge has ended racial discrimination claims brought by the former top lawyer for Fujitec America against the elevator company, while leaving intact a defamation claim the attorney is pursuing against a colleague who he said made bogus allegations leading to his firing.
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October 14, 2025
Top Court Won't Hear Michigan 'False Elector' Case
The U.S. Supreme Court on Tuesday declined to review a Sixth Circuit decision affirming a district court's refusal to interfere with a state court case in which Michigan's attorney general accused a former Republican presidential elector candidate of plotting to submit false electoral votes after the 2020 election.
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October 14, 2025
Justices Won't Touch Liability Ruling At Superfund Site
The U.S. Supreme Court on Tuesday rejected a petition from Georgia-Pacific Consumer Products to review the Sixth Circuit's finding that two other businesses are not liable for future cleanup costs at a Michigan Superfund site.
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October 10, 2025
Real Estate Recap: Data Diligence, REIT Reinvention, Q3 Deals
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including attorney tips for data center approvals, one Big Law partner's perspective on the reinvention of real estate investment trusts, and the third quarter's 10 largest global real estate mergers and acquisitions.
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October 10, 2025
GOP Reps Back Legality Of Trump Birthright Citizenship Order
Eighteen Republican lawmakers on Friday told the U.S. Supreme Court the Trump administration is right to assert that the 14th Amendment was never meant to confer birthright citizenship to the children of parents who are in the country without legal authorization.
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October 10, 2025
6th Circ. Affirms Class Status In Totaled Car Payout Dispute
A panel of Sixth Circuit judges upheld the class certification of a suit alleging State Farm systematically undervalues totaled vehicles, saying that a class of Tennessee insureds were linked by a common alleged harm of breach of contract.
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October 10, 2025
Ohio Panel Says Ford Asbestos Suit Didn't Belong In Court
An Ohio appeals panel won't revive an asbestos death suit from the estate of a former Ford Motor Co. worker, saying the trial court was wrong to dismiss it for lack of an expert report because it should not have exercised jurisdiction over the suit in the first place.
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October 10, 2025
Taxation With Representation: Sullivan, MoFo, Freshfields
In this week's Taxation With Representation, Fifth Third Bancorp acquires Comerica in an all-stock deal, Qualtrics buys experience analytics firm Press Ganey Forsta, and SoftBank buys ABB's robotics division.
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October 09, 2025
Ohio Judge OKs Trimmed Norfolk Southern Derailment Suit
An Ohio federal judge approved on Thursday a joint dismissal motion filed by two kennel owners and Norfolk Southern that will permanently toss the kennel owners' property claims from their derailment suit against the railroad company.
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October 09, 2025
Nissan, Drivers Reach Deal To End Faulty Brake Claims
Nissan North America Inc. and drivers on Thursday reached a settlement in principle in Tennessee federal court that would end multistate claims alleging the automatic braking systems in certain Nissan vehicles would sometimes trigger and cause the cars to stop suddenly, creating an unpredictable hazard.
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October 09, 2025
Judge Seeks NCAA Ruling's Impact On Tenn. Player's Suit
With an appeal by the NCAA over an injunction permitting Vanderbilt University quarterback Diego Pavia to continue playing football tossed out by the Sixth Circuit last week, a Tennessee federal judge has given the NCAA and a former college basketball player until Oct. 30 to explain how the ruling affects a separate challenge to the organization's eligibility rules.
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October 09, 2025
Whistleblower Asks High Court To Revive NASA Fraud Case
A whistleblower is urging the U.S. Supreme Court to revive a False Claims Act suit accusing a NASA contractor of overbilling, arguing that the Sixth Circuit wrongly let the government dismiss the case without considering the whistleblower's time and money commitment.
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October 09, 2025
7th Circ. Nominee Taibleson Advances To Full Senate
The Senate Judiciary Committee advanced on party lines the nomination of Rebecca Taibleson, a federal prosecutor in Wisconsin, to serve on the Seventh Circuit, as well as four district judicial nominees and five U.S. attorney nominees.
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October 09, 2025
6th Circ. Says Facebook Posts About Firm Not Defamation
The Sixth Circuit has declined to revive a defamation suit over social media posts alleging an unethical connection between a New Jersey-headquartered law firm and members of the Flint, Michigan, city council.
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October 09, 2025
Big Lots Gets OK For $6.5M Deal On Exec Claims
A Delaware bankruptcy judge on Thursday approved a $6.5 million settlement between retail chain Big Lots and its directors and officers, resolving claims by unsecured creditors that the company's board bungled an attempt to sell the company last year.
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October 08, 2025
Tech Services Co. Fired IT Chief For FMLA Request, Court Told
A provider of business technology services terminated its information technology director after 21 years of service following his request to take time off to care for his wife while she recovered from endometriosis-related surgery, according to a complaint filed in Ohio federal court.
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October 08, 2025
Kalshi Fights Ohio Ban As Pa. Flags Sports Betting Loophole
The clash between state gaming regulators and federally regulated platforms offering sports wagers continued this week as Kalshi sued Ohio agencies over a directive to shut down its sports event contracts, while Pennsylvania's Gaming Control Board warned Congress that prediction markets broadly "create a backdoor to legalized sports betting."
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October 08, 2025
FirstEnergy Investors Seek Clarity On 6th Circ. Privilege Order
FirstEnergy investors asked the Sixth Circuit Wednesday to clarify a recent ruling blocking them from accessing internal investigation documents in a lawsuit over a $1 billion bribery scandal, arguing that the company is holding up depositions due to its misreading of the court's opinion.
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October 08, 2025
Thompson Hine Boosts Benefits Team With 7 Hires
Thompson Hine LLP said Wednesday it's expanding its employee benefits and executive compensation practice with seven new lawyers, including a pair of senior attorneys from the Internal Revenue Service and another from the U.S. Department of Labor.
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October 08, 2025
Sanctions Bid In Ohio Derailment Deal Criticized As Premature
The former administrator of Norfolk Southern's $600 million settlement with the residents of East Palestine, Ohio, urged a federal court to reject the plaintiffs' bid to seek sanctions without waiting for an audit, arguing that the change in procedure would potentially double the court's workload and leave the administration firm scrambling to respond.
Expert Analysis
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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How 6th Circ. Ruling Deepens Split On Broker Liability
A growing divide in Federal Aviation Administration Authorization Act jurisprudence is ripe for U.S. Supreme Court review, after the Sixth Circuit last month found in Cox v. Total Quality Logistics that brokers can be held liable for negligent hiring, says Gregory Reed at Hanson Bridgett.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.
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Notable Q2 Updates In Insurance Class Actions
Vehicle valuation challenges regarding the use of projected sale adjustments continued apace in insurance class actions this quarter, where insurers have been scoring victories on class certification decisions in federal circuit courts, says Mathew Drocton at BakerHostetler.
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Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
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Series
Law School's Missed Lessons: Negotiation Skills
I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.
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How Community Banks Can Limit Overdraft Class Action Risk
With community banks increasingly confronted with class actions claiming deceptive overdraft fees, local institutions should consider proactively revising their customer policies and agreements to limit their odds of facing costly and complicated consumer litigation, say attorneys at Jones Walker.
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Opinion
Bar Exam Reform Must Expand Beyond A Single Updated Test
Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.
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How States Are Regulating Health Insurers' AI Usage
The absence of a federal artificial intelligence framework positions states as key regulators of health insurers’ AI use, making it important for payors and service providers to understand the range of state AI legislation being passed in California and elsewhere, and consider implementing an AI-focused compliance infrastructure, say attorneys at Ropes & Gray.