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July 28, 2025
NC Rep.'s CBD Co. Hits Biz Partners With $1.6M Counterclaim
Asterra Labs LLC, a hemp and CBD company run by North Carolina State Rep. John Bell, has filed a $1.6 million counterclaim against companies that alleged this month that Asterra used Bell and others' political influence to coerce them into a bad deal, asserting it was the plaintiffs who defrauded Asterra and others.
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July 28, 2025
Peloton Looks To Snuff Out Investors' Recall Suit Again
Peloton hopes to extinguish a second attempt by investors at finding the company and its executives at fault for the way the company handled a recall of its defective bicycle seats, telling a New York federal judge Monday that the amended complaint does not cure deficiencies that led to the lawsuit's initial dismissal.
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July 28, 2025
Shutdown Possible For Cannabis Seller After $4.9M Fine
A Connecticut judge said Monday that he expects to order a smoke shop that is on the hook for a $4.93 million civil judgment over illegal cannabis sales to shut down by 5 p.m. Tuesday if it continues to flout a court order to stop selling prohibited products.
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July 28, 2025
9th Circ. Tosses 'Bike+' Infringement Claims Against Peloton
The Ninth Circuit has declined to revive trademark infringement claims against Peloton brought by a professional cyclist's fitness app company, finding no reasonable factfinder could find a likelihood of consumer confusion between the app and one of Peloton's exercise bikes.
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July 28, 2025
Merger Settlements Return As Enforcers Keep Busy
The first half of 2025 saw a string of settlements by the Federal Trade Commission and the U.S. Department of Justice allowing mergers to move forward, a marked shift from the prior administration.
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July 28, 2025
Store Managers Say Shoe Co.'s OT Violations Were Common
A shoe retailer had a common policy of requiring store managers to work outside their shifts, two former employees of the company said, urging a North Carolina federal court to greenlight a collective in their overtime suit.
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July 25, 2025
Sports & Betting Cases To Watch In The Second Half Of 2025
Certain court cases have become staples on both the midyear and end-of-year must-watch lists in sports and betting at Law360. One that seemed best positioned to finally fall off the list, as it turns out, is far from over: the multibillion-dollar NCAA settlement regarding name, image and likeness payments and revenue sharing with hundreds of thousands of college athletes. A handful of other suits from past years will also continue to bear watching through the end of 2025.
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July 25, 2025
3rd Circ. Won't Review $3.2M Wawa Breach Fee Award
The Third Circuit on Thursday won't revisit its prior decision upholding $3.2 million in fees to plaintiffs' counsel in a case that secured a $12 million deal for Wawa shoppers affected by a data breach after attorney Ted Frank argued the fees were disproportionate to the class' recovery.
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July 25, 2025
Minnesota Regulators Sue Retailer Over Cannabinoid Wares
Minnesota's cannabis regulator has brought a state court action seeking an order compelling a retailer to destroy hemp-derived cannabinoid products that are allegedly noncompliant under the state's laws.
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July 25, 2025
Google Says Rival 'Indisputably' Too Late For Search Fix
Google urged a D.C. federal judge Friday to ignore a search advertising rival's attempt to weigh in on the Justice Department's bid to force the syndication of search and search advertising results, castigating the "neither relevant nor useful" amicus brief as filed more than two months too late.
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July 25, 2025
Wash. Judge Tosses Costco Customer's Online Upcharge Suit
A Washington state judge has thrown out a consumer's proposed class action accusing Costco of hidden markups on online purchases, saying Friday that the warehouse retailer's website is "extremely clear" that grocery prices are higher than they are in-store to cover packing and fulfillment costs.
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July 25, 2025
Epic Defends Apple Antitrust Injunction After Birthright Ruling
Epic Games has told the Ninth Circuit the U.S. Supreme Court's recent ruling in litigation challenging President Donald Trump's birthright citizenship executive order should not affect a nationwide injunction and civil contempt order issued in its antitrust case over Apple's App Store policies, arguing Apple misread the high court's precedent.
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July 25, 2025
9th Circ. Won't Disturb Class Cert. In 'Oil-Free' J&J Suit
The Ninth Circuit on Friday backed class certification in a suit alleging Johnson & Johnson Consumer Inc. misled consumers by advertising its Neutrogena face washes are "oil-free," rejecting its argument that the class's expert's damage calculation was faulty and underdeveloped.
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July 25, 2025
Nordstrom Tobacco Health Fee Violates ERISA, Ex-Staff Say
Three ex-workers for Nordstrom Inc. hit the retailer with a proposed class action in Washington federal court, alleging a $40-a-month surcharge on the health plans of tobacco-using employees was discriminatory in violation of federal benefits law.
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July 25, 2025
Big Tech's Refusal-To-Deal Defense Hits A Wall: Judges
Apple couldn't do it. Google couldn't do it. Live Nation couldn't do it. CoStar couldn't do it at the Ninth Circuit. Companies accused of monopolization have continually tried to flip allegations of illegally locking in customers into hard-to-prove "refusal-to-deal" litigation.
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July 25, 2025
Judge Rejects FTC Comments In Amazon Defense
A Washington federal judge rejected Amazon's bid to use the Federal Trade Commission's own statements against it in the agency's suit over allegedly deceptive "dark patterns" preventing consumers from unsubscribing from Amazon Prime, saying the e-commerce giant misrepresented the commission's old comments.
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July 25, 2025
Legal Org. Urges DC Circ. To Reject Trump's Tariff Powers
The D.C. Circuit should affirm a ruling that sided with toy makers and blocked President Donald Trump from using an international economic law to impose emergency tariffs because the law does not give the president the authority he claims, a legal organization argued.
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July 25, 2025
Skechers Sued Over Hands-Free Sneaker Patents
A Utah company says sneaker giant Skechers U.S.A. Inc. is engaged in "massive infringement" of patents for hands-free slip-in shoes, according to a suit filed in Texas federal court.
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July 25, 2025
Iowa Urges 8th Circ. To Undo Block On E-Cig Law
Iowa's Department of Revenue is urging the Eighth Circuit to overturn a lower judge's ruling that blocked enforcement of a new state law that would have restricted the sale of some e-cigarettes in the Hawkeye State.
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July 24, 2025
Tyson's $55M Delaware Win Won't Aid Ga. Suit, Rival Says
Poultry rendering company American Proteins Inc. told a Georgia federal judge Wednesday that a Delaware court's award of $55 million to Tyson Foods for overpaying to acquire the company has no bearing on their antitrust suit over whether Tyson forced the buyout through strong-arm tactics.
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July 24, 2025
Logan Paul's Co. Can't Depose Messi In Drink TM Row
Logan Paul's sports drink company has lost its bid to depose soccer star Lionel Messi in a trademark dispute after a New York federal judge found the deposition request to be "vexatious and improper," and pointed out that Messi attested he lacks unique knowledge about the issues in the case.
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July 24, 2025
Split 9th Circ. Affirms Block Of Calif. Ammunition Regulation
A split Ninth Circuit panel Thursday affirmed a lower court's finding that California can't require gun owners to undergo background checks before buying ammunition, ruling that the law runs afoul of the Second Amendment in light of the U.S. Supreme Court's 2022 ruling in Bruen.
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July 24, 2025
Wash. AG Sues Contractor To Keep Benefits Data From Feds
Washington State Attorney General Nick Brown launched a lawsuit in Evergreen State court on Thursday seeking to block a fintech contractor from providing the federal government with the private details of food assistance benefit recipients, saying the Trump administration intends to use the data for its "mass deportation project."
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July 24, 2025
NJ Mall Says Insurers Owe $20M For Prop Helicopter Damage
The owner of the American Dream mall in New Jersey said its insurers wrongfully reduced a $20.5 million claim for loss and damage caused by a decorative 2-ton helicopter falling from the ceiling of its indoor water park, according to a suit removed to federal court Thursday.
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July 24, 2025
Groups Say Google Shirks EU Mandate To Allow App Deletion
Advocacy groups asked European Union antitrust enforcers on Thursday to investigate Google's parent company, Alphabet, accusing the technology giant of "an open attempt to circumvent" EU law requiring designated technology "gatekeepers" to permit users to uninstall apps easily.
Expert Analysis
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How Cos. Can Mitigate Increasing Microplastics Liability Risk
Amid rising scrutiny in the U.S. and Europe of microplastics' impact on health and the growing threat of litigation against consumer product and food and beverage manufacturers, companies can limit liability through compliance with labeling laws, careful contract management and other practices, say attorneys at Rogers Joseph.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Home Depot Ruling Tolls Death Knell For 'Silent Cyber'
The Sixth Circuit's recent ruling that Home Depot's insurers did not have to cover costs from a data breach hammered one more nail in the coffin of silent cyber, where coverage is sought under standard property or commercial general liability policies that were not intended to insure cyberattack claims, say attorneys at Zelle.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Filial Consortium Claims' Future After Conn. High Court Ruling
While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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2 Del. Rulings Reinforce Proof Needed For Records Demands
Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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What PFAS-Treated Clothing Tariff Bill Would Mean For Cos.
In keeping with a nationwide trend of greater restrictions on per- and polyfluoroalkyl substances, legislation pending in the U.S. House of Representatives would remove tariff advantages for PFAS-treated clothing — so businesses would be wise to proactively adapt their supply chains and review contracts to mitigate liability, say attorneys at Alston & Bird.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Measuring And Mitigating Harm From Discriminatory Taxes
In response to new tariffs and other recent "America First Trade Policy" pronouncements, corporations should assess and take steps to minimize their potential exposure to discriminatory and reciprocal tax measures that are likely to come, say economists at Charles River Associates.
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q1
Among the most notable developments in California banking in the first quarter of the year, regulators and legislators issued regulations interpreting debt collection laws, stepped up enforcement actions, and expanded consumer protections for those affected by wildfires, says Stephen Britt at Severson & Werson.
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An Update On IPR Issue Preclusion In District Court Litigation
Two recent Federal Circuit rulings have resolved a district court split regarding issue preclusion based on Patent Trial and Appeal Board outcomes, potentially counseling petitioners in favor of challenging not only all the claims of an asserted patent, but also related patents that have not yet been raised in district court, say attorneys at Alston & Bird.