=09

Descendants of the Jamul Indian Village in California are doubling down o= n their bid to revive a lawsuit accusing the U.S. government of illegally d= isinterring their ancestors' remains to make way for a tribal casino, sayin= g the move clearly violated a host of federal and state policies.

Construction

MONDAY, = FEBRUARY 6, 2023

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TOP NEWS

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9th Circ. Asked To Revive Calif. Tribal Remains Suit

=09

By Caleb Symons

Descendants of the Jamul Indian Vi= llage in California are doubling down on their bid to revive a lawsuit accu= sing the U.S. government of illegally disinterring their ancestors' remains= to make way for a tribal casino, saying the move clearly violated a host o= f federal and state policies.

=20 Brief attached |=20 Read full article »

=20

2 Texas Energy Cos. Win $42M Verdict Over Well Seepage=

=09

By Jonathan Capriel

A Texas state jury has awarded nea= rly $42 million to two oil and gas producers in their lawsuit against fossi= l fuel giant Energy Transfer Co. after finding that it allowed poisonous, c= orrosive and flammable chemicals to seep from a containment well into their= land, hindering its use.

=20 Verdict attached |=20 Read full article »

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Insurers Fight To Keep Factory Explosion Coverage Suit= Alive

=09

By Hope Patti

Insurers for a glass manufacturer = urged a Michigan federal court to deny a contractor's bid to toss their sol= e remaining claim in a coverage dispute over a June 2017 factory explosion,= saying there are unresolved factual issues concerning whether the contract= or was grossly negligent.

=20 1 document attached |=20 Read full article »


=

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Fiber Co. Doesn't Need Railway's OK To Drill Under Tra= cks

=09

By Carolyn Muyskens

A Michigan appellate panel found n= o reason Thursday to force a fiber internet company to get a railroad's per= mission before laying cable underneath its tracks, despite acknowledging th= e case highlighted a "potentially problematic" gap in the law.

=20 Order attached |=20 Read full article »

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5th Circ. Revives Texas County's Army Corps Flooding S= uit

=09

By Tom Lotshaw

The Fifth Circuit has revived a Te= xas county's suit alleging the U.S. Army Corps of Engineers is obligated to= operate two reservoirs or acquire more land to avoid impounding floodwater= s on private property and other nonfederal lands upstream, as happened duri= ng Hurricane Harvey in 2017.

=20 Opinion attached |=20 Read full article »

EXPERT ANALYSIS

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Bid Protest Spotlight: Size Protests, Blue & Gold,= Sole Source

=09 =09

In this month's bid protest spotli= ght, Lyle Hedgecock at MoFo offers takeaways from a Federal Circuit ruling = on bid protest jurisdiction, a Federal Claims Court case exploring the nuan= ces of the Blue & Gold Fleet rule, and a capstone from the U.S. Governm= ent Accountability Office on the Small Business Innovative Research program= .

=20 3 documents attached |=20 Read full article »

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Why FERC's Proposed Duty Of Candor Rule Is Problematic=

=09 =09

The Federal Energy Regulatory Comm= ission is considering adopting a new regulation that would prohibit the sub= mission of any inaccurate or false information when communicating with the = agency, which would raise significant due process and First Amendment conce= rns, say attorneys at Skadden.

Read full article »

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LEGAL INDUSTRY

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Legal Industry Continued Job Growth In January

=09

By Sarah Martinson

Despite recession worries and law = firm layoffs, employment in the legal industry is continuing to grow, with = the sector adding 2,400 jobs in January, according to preliminary data rele= ased Friday by the U.S. Department of Labor.

Read full article »

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Gilstrap, Albright May Be Overruled More In Non-Patent= Cases

=09

By Catherine Marfin

A patent-heavy docket like the one= s managed by U.S. District Judges Alan Albright and Rodney Gilstrap may lea= d them to render lower-quality decisions in non-patent cases than their cou= nterparts, according to new research out of the University of California, B= erkeley School of Law.

=20 Study attached |=20 Read full article »

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Girardi Thefts A Tough Lift For Client Restitution Fun= ds

=09

By Andrew Strickler

In recent years, the legal busines= s has seen some ambitious liars, grifters and embezzlers — and the ri= pped-off victims left in their wake. But the scale of Los Angeles lawyer Th= omas Girardi's alleged theft promises to surpass the financial limitations = of client restitution funds.

Read full article »

=20

Live Nation Brings On Antitrust Litigator From Latham<= /a>

=09

By Emily Sawicki

A longtime antitrust adviser to Li= ve Nation who began his relationship with the company in 2009 during its me= rger with Ticketmaster has retired from Latham & Watkins LLP = and accepted the role of executive vice president for corporate and regulat= ory affairs at the entertainment company.

Read full article »

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Target Of Del. Funding Probe Seeks Pause For High Cour= t Bid

=09

By Ryan Boysen

Nimitz Technologies — an all= eged stalking horse for so-called patent troll IP Edge — plans on goi= ng to the U.S. Supreme Court to fight a Delaware federal judge's headline-g= rabbing "inquisition" into its business practices, asking an appeals court = to freeze that investigation until it files with the justices.

=20 Motion attached |=20 Read full article »

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Ohio Judge Hit With $1.1M Verdict For Firing Jewish St= aff Atty

=09

By Eric Heisig

A federal jury in Cincinnati on Fr= iday delivered a verdict worth more than $1.1 million against an Ohio judge= accused of firing his Jewish staff attorney and magistrate because she wan= ted to take off time during the High Holidays.

=20 Verdict attached |=20 Read full article »

=20

Virtual Immigration Hearing Denials Improper, NJ Judge= Rules

=09

By Britain Eakin

U.S. District Judge John Vazquez r= uled Friday that the Newark Immigration Court has breached a stipulation re= quiring immigration judges there to issue timely, reasoned rulings on attor= ney motions for remote hearings during the COVID-19 pandemic.

Read full article »

=20

GC Cheat Sheet: The Hottest Corporate News Of The Week=

=09

By Michele Gorman

A new report found that corporatio= ns around the world face increased expectations for good governance in the = wake of the pandemic and a bipartisan group of U.S. senators introduced leg= islation that would severely limit the ability of employers to enforce nonc= ompete pacts. These are some of the stories in corporate legal news you may= have missed in the past week.

Read full article »

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UK Litigation Roundup: Here's What You Missed In Londo= n

=09

By Tabitha Burbidge

The past week in London has seen t= he Financial Conduct Authority hoping to put care home Ponzi schemes to bed= in separate claims against Lupton Fawcett, a law firm in Leeds, and a= social care group, MBi; oil giant Shell in a sticky situation in a cl= aim over pollution in two Nigerian communities; and Plexus Law's former bos= s suing the personal injury firm in a commercial contracts claim.

Read full article »

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In Case You Missed It: Hottest Firms And Stories On La= w360

=09 =09

For those who missed out, here's a= look back at the law firms, stories and expert analyses that generated the= most buzz on Law360 last week.

Read full article »

Podcast

Pro Say: Using Bankruptcy To Duck Mass Torts Is Now Ha= rder

=09 =09

This week, the Third Circuit ruled= that Johnson & Johnson can't use the controversial "Texas two-step" ma= neuver to spin off the billions of dollars in talc liability it's facing. T= he appellate court held that the talc unit's bankruptcy should've been toss= ed because the company is clearly not in financial distress and the bankrup= tcy petition wasn't filed in good faith.

Read full article »

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<= img src=3D"https://sli.law360news.com/imp?s=3D734819&li=3D201&m=3Dd120cdb40= 65a859edc70326799a21fe8&p=3D185274" border=3D"0" width=3D"100%" style=3D"wi= dth: 100%; max-width:300px !important;margin-bottom:0;"/>

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COMPA= NIES IN TODAY'S NEWS

AXA SA

AXA XL Ltd.

Amazon.com Inc.

American Bar Association

American Immigration La= wyers Association

Integra LifeSciences Corp.

Johnson & Johnson

Lex Machina Inc.

Liberty Mutual Insurance Group

Live Nation Entertainment Inc.

McDonald's Corp.

Meta Platforms Inc.

Michigan State University

Mylan NV

NASDAQ Inc.

Norfolk Southern Corp.

PDC Energy

Regency Energy Partners LP

Rimini Street Inc.

Rocket Software Inc.

Shell PLC

Spotify Technology SA

State Bar of California

The Royal Bank of Scotlan= d Group PLC

Travelex Holdings Ltd.

Twitter Inc.

University of California Davis

Wells Fargo & Co.


<= img src=3D"https://sli.law360news.com/imp?s=3D734824&li=3D201&m=3Dd120cdb40= 65a859edc70326799a21fe8&p=3D185274" border=3D"0"/>

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LAW = FIRMS IN TODAY'S NEWS

GOVE= RNMENT AGENCIES IN TODAY'S NEWS

Attorney Regist= ration and Disciplinary Commission

Bureau of Indian Affairs

Bureau of Labor Statistics

Delaware Court of Chancery

Executive Office for Immi= gration Review

Federal Energy Regulatory Co= mmission

Federal Trade Commission

Financial Conduct Authority

Government Accountability Office=

Information Commissioner's = Office

Jamul Indian Village

National Science Foundation

New Jersey Supreme Court

Small Business Administration

The Crown Prosecution Service

U.S. Army

U.S. Army Corps of Engineers

U.S. Attorne= y's Office for the District of New Jersey

U.S= . Attorney's Office for the Eastern District of California

U.S. Court of Appeal= s for the Federal Circuit

U.S. Court of Appeals = for the Fifth Circuit

U.S. Court of Appeals = for the Ninth Circuit

U.S. Department of Justice

U.S. Department of Labor

U.S. Department of the Interior

U.S. District Cou= rt for the District of Delaware

U.S. District C= ourt for the District of New Jersey

U.S. Dist= rict Court for the Eastern District of Michigan

U.S. Patent and Trademark Office<= /a>

U.S. Securities and Excha= nge Commission

U.S. Supreme Court

Un= ited States District Court for the Southern District of Ohio

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