• January 04, 2024

    Retailer Wants 6th Circ. Review Of Ohio Collective Rules

    A sporting goods retailer wants the Sixth Circuit to immediately review a decision to allow an Ohio worker to proceed with state wage claims on behalf of a proposed class rather than a proposed action, arguing that opt-in rules were more than mere procedural requirements.

  • January 04, 2024

    Ex-BakerHostetler Atty Returns After Lordstown Bankruptcy

    A former BakerHostetler partner who left the firm to serve as general counsel during a rocky time at now-defunct Lordstown Motors Corp. rejoined Thursday as a partner in the firm's business practice group following the electric-vehicle maker filing for bankruptcy last year.

  • January 03, 2024

    Mich. Counselors Seek Immunity From School Shooting Suits

    Michigan school staffers who met with a student hours before he shot and killed his classmates told the Sixth Circuit on Tuesday that denying them immunity from claims that they didn't do enough to stop the shooting could deter other workers from trying to help struggling students. 

  • January 03, 2024

    6th Circ. Dumps Bridge Repair Supervisor's FELA Suit

    The Sixth Circuit said Wednesday that a bridge repair supervisor couldn't recover damages under the Federal Employers' Liability Act for injuries he sustained doing work for a separate R.J. Corman Railroad Group LLC subsidiary, saying the plaintiff's actual employer isn't a common carrier.

  • January 03, 2024

    FirstEnergy Says Cert. Appeal Justifies Pausing Investor Case

    FirstEnergy Corp. has again urged an Ohio federal judge to pause an investor class action brought against it over its role in a notorious bribery scheme by the Buckeye State's house speaker, arguing that its pending appeal of class certification could alter the case "in almost every respect."

  • January 03, 2024

    The States That Could Legalize Pot In 2024

    For the first time since cannabis was federally outlawed, a majority of Americans now live in states where the drug has been legalized for adult recreational use. Cannabis reformers and attorneys say the number of legal states is likely to grow in 2024.

  • January 02, 2024

    P&G Beats Tide False Ad Suit As Judge Calls Out Plaintiff Atty

    A New York federal judge on Tuesday permanently tossed a proposed class action challenging Tide's labels over laundry loads, noting that "context matters" when reading the label and questioning how plaintiff's counsel Spencer Sheehan "can continue to bring such claims in good faith."

  • January 02, 2024

    Screenshotting Atty Says Mich. Court Recording Ban Must Go

    The bar on recording livestreamed court proceedings in Michigan violates the First Amendment, a criminal defense attorney has told the Sixth Circuit, in seeking to revive his case against a county prosecutor who wanted him held in contempt for posting a screenshot of one of his hearings. 

  • January 02, 2024

    US Trustee Urges Judge To Reject Lordstown's Ch. 11 Plan

    The U.S. Trustee's Office asked a Delaware bankruptcy judge to reject Lordstown Motors Corp.'s Chapter 11 plan, saying the company is seeking a discharge of its liabilities despite its ineligibility due to its planned liquidation of essentially all assets.

  • January 02, 2024

    Ohio Judge Gets Suspension Over Remarks To Defendants

    The Ohio Supreme Court has imposed a one-year suspension on a judge accused by ethics authorities of making racially insensitive comments to defendants, pushing plea deals on people who had declared their innocence and ordering contempt sentences that were much too long for the infractions at issue.

  • January 02, 2024

    Mich. Officials Ask 6th Circ. To Toss Lead In Water Claims

    City officials for Benton Harbor, Michigan, are asking the Sixth Circuit to grant them qualified immunity in a class action alleging they misled the public about the safety of the city's drinking water, saying the trial court was wrong to find the complaint alleged they violated residents' constitutional rights.

  • January 01, 2024

    10 Sports And Betting Cases To Watch In 2024

    An ever-increasing volume of lawsuits involving the NCAA highlights the list of sports and betting cases to watch in 2024, including battles over athletes' right to compensation for their name, image and likeness and their fight to collectively bargain and be designated as employees. Plus, racial discrimination suits against the NFL, and more. Here, Law360 looks at the top sports and betting cases the legal world will be watching in the new year.

  • January 01, 2024

    State Courts' Growing Politicization May Get Worse In 2024

    State judiciaries are becoming more overtly political, and important elections, rulings and ethics cases could exacerbate that partisanship in 2024, experts worry.

  • January 01, 2024

    Transportation Cases To Watch In 2024

    The federal government's antitrust challenge to the proposed JetBlue-Spirit Airlines merger and lawsuits targeting new vehicle emissions rules, as well as developers of autonomous vehicles, are among the cases that transportation attorneys are watching closely in 2024.

  • January 01, 2024

    Product Liability Cases To Watch In 2024

    Among the cases product liability attorneys will be watching in 2024 are a barrage of suits brought against social media companies alleging that their platforms purposefully addict young people and cause mental health harm, as well as the ever-growing litigation over so-called forever chemicals.

  • January 01, 2024

    Ohio Legal Battles To Watch In 2024

    The new year in Ohio will ring in more developments in claims over the Norfolk Southern train derailment in East Palestine and a fight by FirstEnergy investors to keep class certification, with both matters having already spawned a cavalcade of complaints.

  • December 21, 2023

    6th Circ. Dings FERC's Ex-Chair For Action On Price-Cap Rule

    The Federal Energy Regulatory Commission's former chair overstepped his authority when he reinstated the price ceiling for an electricity market run by the country's largest grid operator without the backing of his colleagues, a split Sixth Circuit ruled Thursday.

  • December 21, 2023

    Judge Wants Macy's Bedsheet Buyer's $10.5M Deal Revised

    An Ohio federal judge has denied final approval of a $10.5 million settlement between Macy's and bedsheet buyers, ruling that the selected cy pres recipient of any undistributed funds isn't related directly enough to the case at hand.

  • December 21, 2023

    Suit Over Woman's Nursing Home Toilet Fall Revised Too Late

    An Ohio appeals court on Thursday cleared a nursing home from a suit alleging its aides dropped a patient while helping her to the toilet, saying the estate waited too long to substitute itself as a plaintiff in the case.

  • December 21, 2023

    Venable Trade Guru On US Steel-Nippon's Tough Road Ahead

    When U.S. Steel agreed to sell to Japan's Nippon Steel Corp. in a $14.9 billion deal, a swift backlash emerged, including from lawmakers in both parties and the union that had pushed U.S. Steel for months to cut an agreement with a domestic buyer.

  • December 21, 2023

    Candy Cos. Drop 'Grandpa Joe's' TM Dispute

    A Missouri chocolate maker is dropping its dispute with a Pittsburgh-based chain of candy stores over the use of the name "Grandpa Joe's," according to filings in federal court Thursday.

  • December 21, 2023

    Sherwin-Williams Says NJ Fumbled Pollution Claim Evidence

    The Sherwin-Williams Co. asked a New Jersey judge to block the state's Department of Environmental Protection from arguing that contamination from one of its former facilities damaged natural resources in the Garden State, arguing the agency flubbed its court-ordered obligation to testify on the extent of that alleged damage.

  • December 21, 2023

    Taxation With Representation: Skadden, Ropes & Gray

    In this week's Taxation With Representation, Aon PLC acquires NFP, Nippon purchases U.S. Steel, OCI Global sells Iowa Fertilizer Co., and Chobani buys La Colombe.

  • December 21, 2023

    Top Ohio Cases From 2023

    Buckeye State courts delivered major developments spanning multiple practice areas in 2023, including a 20-year prison sentence for former Ohio House Speaker Larry Householder for bribery and a decision holding that the U.S. Supreme Court's landmark take on agency deference doesn't hold weight in Ohio.

  • December 20, 2023

    6th Circ. OKs $7.5M Award Against Ex-Merrill Lynch Broker

    The Sixth Circuit refused Wednesday to vacate a $7.5 million arbitration award against a former Merrill Lynch financial adviser who pled guilty to defrauding clients, rejecting the adviser's arguments that the arbitrators "manifestly disregarded the law" in several ways.

Expert Analysis

  • Perspectives

    Mallory Gives Plaintiffs A Better Shot At Justice

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    Critics of the U.S. Supreme Court's recent decision in Mallory v. Norfolk Southern claim it opens the door to litigation tourism, but the ruling simply gives plaintiffs more options — enabling them to seek justice against major corporations in the best possible court, say Rayna Kessler and Ethan Seidenberg at Robins Kaplan.

  • FLSA Collective Actions: Are Courts Still Dancing The 2-Step?

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    In the absence of amendments to the Fair Labor Standards Act, courts have filled in some of the statute's gaps and established a two-step framework for conditional certification of a class, but recent rulings show signs that courts are ready to hold party plaintiffs to a higher standard if they want to recruit others to join their lawsuits, says Allison Powers at Barack Ferrazzano.

  • Courts Can Overturn Deficient State Regulations, Too

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    While suits challenging federal regulations have become commonplace, such cases against state agencies are virtually nonexistent, but many states have provisions that allow litigants to bring suit for regulations with inadequate cost-benefit analyses, says Reeve Bull at the Virginia Office of Regulatory Management.

  • Tales From The Trenches Of Remote Depositions

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    As practitioners continue to conduct depositions remotely in the post-pandemic world, these virtual environments are rife with opportunities for improper behavior such as witness coaching, scripted testimony and a general lack of civility — but there are methods to prevent and combat these behaviors, say Jennifer Gibbs and Bennett Moss at Zelle.

  • The Legal Issues Flying Around The Evolving Drone Market

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    As the number of drone registrations is expected to more than double over the next three years, the industry faces new risks and considerations related to privacy, Fourth Amendment, criminal, evidentiary, First Amendment, and insurance litigation, say attorneys at Covington.

  • Employer Drug-Testing Policies Must Evolve With State Law

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    As multistate employers face ongoing challenges in drafting consistent marijuana testing policies due to the evolving patchwork of state laws, they should note some emerging patterns among local and state statutes to ensure compliance in different jurisdictions, say attorneys at Troutman Pepper.

  • Challenging Standing In Antitrust Class Actions: Timing

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    The early resolution of Article III standing disputes in antitrust class actions can result in sizable efficiencies, but some litigants and courts are improperly relying on the Amchem and Ortiz U.S. Supreme Court cases to defer standing issues until after ruling on plaintiffs' class certification motions, say Michael Hamburger and Holly Tao at White & Case.

  • Level Up Lawyers' Business Development With Gamification

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    With employee engagement at a 10-year low in the U.S., there are several gamification techniques marketing and business development teams at law firms can use to make generating new clients and matters more appealing to lawyers, says Heather McCullough at Society 54.

  • Mallory Ruling Leaves Personal Jurisdiction Deeply Unsettled

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    In Mallory v. Norfolk Southern Railway, a closely divided U.S. Supreme Court recently rolled back key aspects of its 2017 opinion in Daimler AG v. Bauman that limited personal jurisdiction, leaving as many questions for businesses as it answers, say John Cerreta and James Rotondo at Day Pitney.

  • 5 Ways Firms Can Rethink Office Design In A Hybrid World

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    As workplaces across the country adapt to flexible work, law firms must prioritize individuality, amenities and technology in office design, says Kristin Cerutti at Nelson Worldwide.

  • C-PACE Laws Offer Boost For Sustainable Development

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    As more emphasis is placed on energy-efficient infrastructure and sustainability projects, state laws establishing property assessed clean energy financing — known as C-PACE in the commercial context — have become increasingly relevant to project developers' capital stacks, say attorneys at Frost Brown.

  • Opinion

    Bar Score Is Best Hiring Metric Post-Affirmative Action

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    After the U.S. Supreme Court's ruling striking down affirmative action admissions policies, law firms looking to foster diversity in hiring should view an applicant's Multistate Bar Examination score as the best metric of legal ability — over law school name or GPA, says attorney Alice Griffin.

  • Piecing Together The Blockchain Evidentiary Hurdles

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    There are common challenges to introducing blockchain evidence at trial and a lack of uniformity in evidentiary codes at the state and federal levels means litigants must carefully navigate the uncertain blockchain puzzle, says Brett Sager at Ehrenstein Sager.

  • Ghosting In BigLaw: How To Come Back From Lack Of Feedback

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    Junior associates can feel powerless when senior colleagues cut off contact instead of providing useful feedback, but young attorneys can get back on track by focusing on practical professional development and reexamining their career priorities, says Rachel Patterson at Orrick.

  • Would Biden Airline Service Order Raise 'Major Questions'?

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    President Joe Biden's recent pledge to require airlines to compensate passengers for delays and cancellations could run afoul of the U.S. Supreme Court's recently expounded "major questions" doctrine — but that will depend on what kind of action the administration takes, and how federal courts choose to apply the doctrine, says Roger Clark at Signature Resolution.

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