Ohio

  • December 07, 2023

    6th Circ. Judge Doubts Error In Tossing Diabetes Drug MDL

    A Sixth Circuit judge seemed unconvinced Thursday that a lower court was wrong to exclude a plaintiff expert it said relied on a single trial that didn't do enough to show diabetes medication caused heart failure, a ruling that doomed the suit against major drugmakers.

  • December 07, 2023

    NLRB Tells Justices Not To Hear Starbucks' Injunction Row

    The National Labor Relations Board urged the U.S. Supreme Court not to take up Starbucks' call to harmonize the federal courts' approach to vetting rare labor injunction bids, saying the differences among the tests are more semantic than practical.

  • December 07, 2023

    NCAA Legal Woes Swell As 7 States Sue Over Transfer Rule

    Seven state attorneys general have filed a lawsuit in West Virginia federal court against the NCAA over its transfer eligibility rule for college sports, cutting deeper into the threads of the ropes restraining student-athletes from profiting off their names, images and likenesses.

  • December 07, 2023

    6th Circ. Judge Casts Skeptical Eye On Buy-Local Power Rule

    Sixth Circuit judges Thursday grappled with whether to revive energy suppliers' challenge to a "buy or build local" electricity rule in Michigan, with one judge seemingly sympathetic to the energy suppliers' plight and skeptical of the state's position that the rule doesn't harm out-of-state companies. 

  • December 07, 2023

    Congress Members Pitch Bill Letting States Set Pot Policy

    Members of Congress on Thursday unveiled a revamped version of a bipartisan bill to allow states, tribes and U.S. territories to implement their own marijuana policies without interference from federal prohibition.

  • December 07, 2023

    Ohio Pot Company Drops Fraud Claims Against NY Firm

    An Ohio marijuana company has voluntarily dropped the New York federal fraud suit it filed against a Big Apple law firm in 2021, according to a notice of dismissal it entered Thursday.

  • December 07, 2023

    Federal Office Lease Analysis Dooms Protest, GAO Finds

    The U.S. Government Accountability Office nixed a second protest over a 15-year lease for an Ohio-based Social Security Administration office, finding that the General Services Administration made a reasonable cost analysis before awarding it.

  • December 07, 2023

    6th Circ. Unsure About Reigniting Hemp-For-Cancer Bias Suit

    The Sixth Circuit seemed unsure during oral arguments Thursday about whether an Airgas USA LLC technician was unlawfully fired for having cancer after a drug test indicated he had a form of THC in his system, with the three-judge panel coming down hard on both sides' counsel.

  • December 06, 2023

    MyPillow CEO Can't Escape Sanctions In Election Docs Row

    MyPillow CEO Mike Lindell has to pay a Michigan county's expenses related to the Dominion voting machine defamation case he's a defendant in after the Sixth Circuit on Wednesday found a broad subpoena Lindell served on the county was "the type of subpoena somebody issues when they have no idea really what they're looking for."

  • December 06, 2023

    Ohio Senators Rewrite Voter-Approved Pot Legalization

    The Ohio State Senate spent Wednesday evening passing last-minute revisions to Ohio Issue 2, which legalized marijuana in the state, to decrease the amount an adult could possess while allowing some to be grown at home.

  • December 06, 2023

    6th Circ. Asks How Doctors Can Fight HHS Trans Statute

    The Sixth Circuit on Wednesday wondered what a group of physicians must do to prove they can challenge the U.S. Department of Health and Human Services' potential enforcement of a statute that, under the government's interpretation, would prohibit federally funded health programs from discriminating against transgender individuals based on their sex.

  • December 06, 2023

    Restaurant Chains Still Fighting Part Of $8M Chicken Deal

    Boston Market, Golden Corral, Cracker Barrel, Domino's and other restaurant chains continued Tuesday to contest part of an $8 million class settlement resolving other direct buyers' chicken price-fixing claims, arguing specifically that the deal improperly bargained away claims they still want to assert in a subsequent trial.

  • December 06, 2023

    6th Circ. Says White Manager Can't Revive Race Bias Suit

    The Sixth Circuit backed the dismissal of a white manager's race bias and retaliation suit alleging a Japanese-owned auto parts maker demoted and fired him for complaining about racial harassment, ruling he didn't show that the company's actions arose out of prejudice.

  • December 05, 2023

    6th Circ. Seems Split On Chrysler Worker's Firing Bias Suit

    The Sixth Circuit appeared to grapple Tuesday with a worker's push to revive his suit claiming Chrysler-maker FCA US LLC fired him because it saw him as disabled, with one judge seeking more detail from the worker and another pressing FCA on contradictory testimony.

  • December 05, 2023

    6th Circ. Casts Skeptical Eye On Dykema's Age Bias Win

    The Sixth Circuit seemed likely to revive a former Dykema Gossett PLLC legal secretary's suit claiming she was terminated shortly after turning 50, with judges questioning Tuesday whether it's plausible that the ex-employee's manager was oblivious to age-based comments made about her subordinate.

  • December 05, 2023

    6th Circ. Unmoved By Straight Worker's Demotion Bias Suit

    The Sixth Circuit backed the dismissal of a former worker's suit claiming she was denied a promotion and demoted by Ohio's Department of Youth Services for being straight, ruling that the lower court was right to find she needed more proof to establish a pattern of prejudice.

  • December 04, 2023

    FirstEnergy Lands Stay In Investor Suit Over Bribery Scandal

    An Ohio federal judge and a magistrate judge have asked a special master to issue a report and recommendation on a bid by FirstEnergy Corp. to stay all discovery in an investor suit over the company's involvement in a massive bribery scheme to bail out two failing nuclear energy plants, while the utility company appeals class certification.

  • December 04, 2023

    GOP Effort To Rewrite Ohio Pot Legalization Spurs Backlash

    Cannabis reformers and hemp industry advocates on Monday sounded the alarm about a Republican-led proposal to substantively rewrite Ohio's voter-approved marijuana legalization law just days before it is due to take effect.

  • December 04, 2023

    House Panels Probe Contentious FBI Headquarters Decision

    Leaders on the House Judiciary and Oversight committees have launched a probe into the General Services Administration's contentious decision to choose a Maryland site for the FBI's new headquarters, citing allegations that the underlying process had been "politicized."

  • December 04, 2023

    Ohio Panel Says Transit Union Deserves Back Pay Hearing

    An Ohio state appeals court has ruled that the Greater Dayton Regional Transit Authority might not be done compensating three workers it fired and then reinstated following arbitration awards in the Amalgamated Transit Union's favor, reversing a lower court's refusal to consider the union's claim the workers are owed thousands more.

  • December 04, 2023

    Ex-Ohio Utilities Chairman Indicted In Bribery Scandal

    The former head of Ohio's public utilities agency surrendered himself to authorities Monday after a federal grand jury returned an indictment accusing him of bribery, fraud and embezzlement that purportedly included taking $4.3 million in bribes from an unspecified energy company.

  • December 01, 2023

    Justices Call O'Connor 'American Hero,' 'Perfect Trailblazer'

    Following news of retired U.S. Supreme Court Justice Sandra Day O'Connor's death at the age of 93, current and former high court justices paid public homage to her trailblazing career, devotion to the rule of law and illuminating charisma.

  • December 01, 2023

    Former Clerks Say Justice O'Connor Still Worth Emulating

    BigLaw attorneys mentored by former U.S. Supreme Court Justice Sandra Day O'Connor, who died Friday after a lengthy battle with dementia, say she'll be remembered as an incisive jurist who always put facts and practical considerations above abstract ideological commitments, as well as a deeply gracious and down-to-earth woman who never let her dedication to the law overshadow her zest for life.

  • December 01, 2023

    3rd Circ. Lets Rule Stand In Case Where FERC Deadlocked

    The Third Circuit on Friday upheld a rule change allowing the nation's largest grid operator to no longer require state-backed renewable energy sources to meet a price floor in electricity capacity auctions, holding that the appellate court can review the Federal Energy Regulatory Commission deadlock that allowed the rule to take effect.

  • December 01, 2023

    Executions Concentrated In 5 States As Fairness Doubts Grow

    Only a handful of states executed people in 2023 as more Americans think the death penalty is carried out unfairly than fairly for the first time, according to a year-end report released Friday by the Death Penalty Information Center.

Expert Analysis

  • Opinion

    High Court's Ethics Statement Places Justices Above The Law

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    The U.S. Supreme Court justices' disappointing statement on the court's ethics principles and practices reveals that not only are they satisfied with a status quo in which they are bound by fewer ethics rules than other federal judges, but also that they've twisted the few rules that do apply to them, says David Janovsky at the Project on Government Oversight.

  • Opinion

    Time For Law Schools To Rethink Unsung Role Of Adjuncts

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    As law schools prepare for the fall 2023 semester, administrators should reevaluate the role of the underappreciated, indispensable adjunct, and consider 16 concrete actions to improve the adjuncts' teaching experience, overall happiness and feeling of belonging, say T. Markus Funk at Perkins Coie, Andrew Boutros at Dechert and Eugene Volokh at UCLA.

  • Tips For In-House Legal Leaders In A Challenging Economy

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    Amid today's economic and geopolitical uncertainty, in-house legal teams are running lean and facing increased scrutiny and unique issues, but can step up and find innovative ways to manage outcomes and capitalize on good business opportunities, says Tim Parilla at LinkSquares.

  • Beware Patchwork Of State NIL Laws For Student-Athletes

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    With each U.S. state at a different stage of engaging with name, image and likeness laws for collegiate and high school student-athletes, the NIL world is as much a minefield for attorneys as it is for the players themselves — and counsel must remain on red alert for any and all legislative changes, say Lauren Bernstein and Dan Lust at Moritt Hock.

  • When Are Cos. Liable For Building Customers' Designs?

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    The Sixth Circuit's recent decision in Cash-Darling v. Recycling Equipment serves as a warning to manufacturers regarding the extent to which they may become involved in customers' design decisions without exposing themselves to liability, and highlights the fact-sensitive nature of such cases, says Timothy Freeman at Tanenbaum Keale.

  • What Associates Need To Know Before Switching Law Firms

    Excerpt from Practical Guidance
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    The days of staying at the same firm for the duration of one's career are mostly a thing of the past as lateral moves by lawyers are commonplace, but there are several obstacles that associates should consider before making a move, say attorneys at HWG.

  • A Case For Sharing Mediation Statements With Counterparties

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    In light of a potential growing mediation trend of only submitting statements to the mediator, litigants should think critically about the pros and cons of exchanging statements with opposing parties as it could boost the chances of reaching a settlement, says Arthur Eidelhoch at Eidelhoch Mediation.

  • Preparing For Legal Scrutiny Of Data Retention Policies

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    Two recent cases involving Google and Meta should serve as a call to action for companies to ensure their data retention policies are updated and properly implemented to the degree of being able to withstand judicial scrutiny, especially as more data is generated by emerging technologies, say Jack Kallus and Labeed Choudhry at Kaufman Dolowich.

  • EPA's Good Neighbor Ozone Plan: What Cos. Should Know

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    With the U.S. Environmental Protection Agency's recently issued Good Neighbor Rule set to restrict ozone-forming smokestack emissions from power plants and industrial facilities in 23 states, the time is now for companies to consider options available under the rule to mitigate costs and legal exposure, says John Watson at Spencer Fane.

  • Opinion

    Attorneys Should Have An Ethical Duty To Advance DEI

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    National and state bar associations are encouraging attorneys to apply diversity, equity and inclusion practices in the legal profession and beyond, and these associations should take it one step further by formally recognizing ethical duties for attorneys to promote DEI, which could better the legal profession and society, says Elena Mitchell at Moore & Van Allen.

  • Data-Driven Insights Are Key To Attracting Today's Clients

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    As law firm growth slows and competition for clients increases, modern firms must rely on robust data analytics to develop the sector-based expertise and industry insights that clients increasingly prioritize in relationships with counsel, says Lavinia Calvert at Intapp.

  • In Arbitration, Consider The Influence Of State Laws

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    A California appellate court's recent refusal, based in state law, to compel arbitration in Barraza v. Tesla illustrates the importance of understanding substantive and procedural differences between state arbitration law and the Federal Arbitration Act — and when those distinctions can alter case outcomes, says Richard Mason at MasonADR.

  • Ghosting In BigLaw: Why Better Feedback Habits Are Needed

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    Not giving assignments or constructive criticism to junior associates can significantly affect their performance and hours, potentially leading them to leave the firm, but partners can prevent this by asking the right questions and creating a culture of feedback, says Rachel Patterson at Orrick.

  • Rebuttal

    Law Needs A Balance Between Humanism And Formalism

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    A recent Law360 guest article rightly questions the pretextual pseudo-originalism that permits ideology to masquerade as judicial philosophy, but the cure would kill the patient because directness, simplicity and humanness are achievable without renouncing form or sacrificing stare decisis, says Vanessa Kubota at the Arizona Court of Appeals.

  • Short Message Data Challenges In E-Discovery

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    As short message platforms increasingly dominate work environments, lawyers face multiple programs, different communication styles and emoji in e-discovery, so they must consider new strategies to adapt their processes, says Cristin Traylor at Relativity.

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