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Cannabis
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May 01, 2025
11th Circ. Says Ga. Smoke Shop Can't Burn $1.1M Verdict
The Eleventh Circuit said a Georgia-based tobacco importer will remain on the hook for a $1.1 million verdict for selling counterfeit rolling papers, rejecting the company's arguments that the Lanham Act damages levied against it needed to bear close relation to the actual damages suffered by the papers' manufacturer.
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May 01, 2025
Vape Makers, Sellers Aim To Block NC Law On E-Cigarettes
A vaping trade group and others are aiming to block a North Carolina law to regulate the sale of electronic cigarettes by arguing it is preempted by federal law, in a new suit filed in federal court.
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April 30, 2025
Tribes Say Calif. Sheriffs Illegally Raided Pot Grow Sites
Members of the Round Valley Indian Tribes are suing two California county sheriff's departments and the California Highway Patrol, alleging they violated state and federal law by conducting gunpoint raids on cannabis cultivation sites on tribal land without their permission.
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April 30, 2025
Trump Pick To Lead DEA Noncommittal On Pot Rescheduling
President Donald Trump's pick to lead the U.S. Drug Enforcement Administration told a U.S. Senate committee on Wednesday that he was not up on a pending proposal to loosen federal restrictions on marijuana and did not confirm whether he would see the process through.
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April 30, 2025
Kratom Cos. Get False Ad, Addiction Suit Tossed
A California federal judge has dismissed a proposed class action alleging Thang Botanicals and FTLS Holdings LLC mislead consumers about addictive qualities of their kratom products after the plaintiffs failed to file an amended complaint on time.
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April 29, 2025
SEC Sues Over Cannabis Co. Stock Manipulation Scheme
A trio of Arizona men face U.S. Securities and Exchange Commission allegations they manipulated trading prices for a purported cannabis industry penny stock issuer, generating proceeds of nearly $21 million as they worked to pump up its shares.
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April 29, 2025
Ex-Pot Water CEOs Denied Bid For More Info In Stock Case
An Ohio federal judge on Tuesday denied bids by former CEOs of and others associated with American Premium Water Corp. for bills of particulars on an indictment alleging they manipulated the company's stock prices, finding the indictment gives them enough information to prepare their defenses.
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April 29, 2025
Dem Reps. Introduce Bill To Repeal Ban On Fed. Pot Studies
The co-chairs of the Congressional Cannabis Caucus on Tuesday introduced a bill to eliminate a portion of federal law blocking the Office of National Drug Control Policy from researching use of substances on Schedule I of the Controlled Substances Act.
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April 29, 2025
Five Federal Pot Law Cases Sent Back To DC Superior Court
A District of Columbia federal judge has remanded to the city's Superior Court five cases from cannabis companies challenging the city's regulations after granting the companies' motion to dismiss all federal claims from the cases.
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April 28, 2025
Century Surety Seeks Exit From Vape Battery Lawsuit
Insurance provider Century Surety Co. says it shouldn't be on the hook for the legal defense of a smoke shop being sued by a customer who was burned when a vape pen battery caught fire in his pocket, arguing that one defendant isn't actually covered under the larger policy and the incident did not take place at one of the insured's retail locations.
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April 28, 2025
Cannabis Firms Say 'Rogue' CBP Can't Seize State-Legal Pot
A group of cannabis companies are urging a New Mexico federal court not to throw out their suit alleging that U.S. Customs and Border Protection wrongly seized products, money and vehicles at checkpoints, saying the "rogue agency" can't treat marijuana differently than every other federal agency does.
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April 28, 2025
Ala. Medical Pot Commission Sued Over Patient Registry
A group of Alabama medical cannabis patients sued the state's Medical Cannabis Commission over the lack of a patient registry despite what they said were numerous laws obligating it to create one.
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April 28, 2025
Prior Suit Dooms Guest's Suit Over Toss From Hotel Over Pot
A Texas federal court has thrown out a man's lawsuit alleging he was illegally thrown out of a hotel for using cannabis, saying he can't take "another bite of the apple" after losing an identical case in state court.
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April 25, 2025
7th Circ. Upholds Mixed Verdict Over Rolling Paper Ads
The Seventh Circuit upheld all aspects of a mixed verdict in a dispute between two rolling paper companies, saying that manufacturer HBI International had not violated the Lanham Act but also leaving in place a nationwide injunction against some of the company's advertising practices.
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April 25, 2025
Hemp Co. Says Seller Can't Pass Buck On Pot Arrest
A hemp company and its affiliates are urging a Wisconsin federal court to throw out a seller's claim that his shop was raided and he was convicted of drug possession because their products were falsely labeled as legal hemp, saying that the complaint fails to show the products had anything to do with the arrest.
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April 25, 2025
11th Circ. Backs FDA In Denial Of Bidi's Vape Application
The Eleventh Circuit has affirmed the denial of a marketing application for a tobacco-flavored electronic cigarette made by Bidi Vapor LLC, finding that the U.S. Food and Drug Administration did not act arbitrarily or capriciously in finding that the company failed to show the product would promote public health.
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April 24, 2025
Ex-Curaleaf Director Escapes Suit Over Info Sharing, For Now
A Colorado federal judge dismissed, for now, allegations that the former operations director of Curaleaf Inc. violated a confidentiality agreement and shared information with a onetime business partner, ruling Thursday the court lacked jurisdiction since the defendant didn't live in the state, rarely traveled to the state and worked remotely.
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April 24, 2025
Jushi Hit With Age Bias Suit By Ex-Pa. Facility Controller
Pot giant Jushi was sued Thursday by a former controller at its Scranton, Pennsylvania, facility who claims a younger, male controller was hired ahead of her being terminated without a performance review.
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April 24, 2025
Texas Court Allows State To Block Austin Pot Amnesty Law
A Texas appeals court on Thursday decided to allow the state to pursue an injunction blocking an Austin city law prohibiting enforcement of some cannabis crimes, saying the local ordinance is preempted by state law.
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April 24, 2025
Insurance Cos. Need Not Cover Medical Cannabis In NM
A New Mexico federal judge has thrown out a medical cannabis seller's suit against three insurers over coverage of medical cannabis, finding that New Mexico law doesn't mandate coverage, and even if it did, it would be preempted by federal law.
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April 23, 2025
Curaleaf Sues Ex-VP For Alleged Breach Of Noncompete
Cannabis company Curaleaf sued a former executive in Florida federal court Wednesday, alleging she breached her employment agreement and may have shared confidential information when she jumped ship to competitor Jushi.
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April 23, 2025
Church Denied Injunction In 'Psychedelic Healing Shack' Suit
A Michigan federal judge won't issue an injunction blocking alleged retaliation against a Detroit church in a suit claiming city officials are targeting their religious practice of using psilocybin, saying the church's leader hasn't shown she's likely to succeed on her claims or face irreparable harm.
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April 23, 2025
Trulieve Resolves Ex-Manager's Age Bias Firing Suit
Nationwide cannabis company Trulieve Inc. has resolved a suit in Florida federal court by a former regional manager who alleged he was fired based on his age and in retaliation for assisting in another employee's discrimination charge.
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April 23, 2025
Mo. Counties, State Argue For Cannabis Tax At High Court
A county is a local government and should be allowed to impose a 3% additional sales tax on adult-use cannabis, two counties and the Missouri revenue director told the state Supreme Court.
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April 22, 2025
Smoke Shop Joins Others Seeking Toss Of Nitrous Death Suit
Another smoke shop is joining fellow defendants in seeking dismissal of a woman's suit alleging their sale of nitrous oxide canisters led to her sister's death from using them as "whippets," saying she lacks standing to bring her claim.
Expert Analysis
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Calif. Cannabis Decision Deepens Commerce Clause Divide
In Peridot Tree v. Sacramento, the Eastern District of California joined a growing minority of courts that have found the dormant commerce clause inapplicable to state-regulated marijuana, and the Ninth Circuit will soon provide important guidance on this issue, say attorneys at Perkins Coie.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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The Most Important Schedule I Drug Regulatory Shifts Of 2024
In 2024, psychedelics and cannabis emerged as focal points in medical research, marking a pivotal year in their legal and regulatory journey, but these developments presented both opportunities and challenges within this evolving field, say Kimberly Chew at Husch Blackwell and Stephen Kim at Avicanna.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.
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How DOGE's Bite Can Live Up To Its Bark
All signs suggest that the Department of Government Efficiency will be an important part of the new Trump administration, with ample tools at its disposal to effectuate change, particularly with an attentive Republican-controlled Congress, say attorneys at K&L Gates.
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Looking Back At 2024's Noteworthy State AG Litigation
State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.