Pulling the “For Sale” Sign: Federal Judiciary Attempts to Curb Judge Shopping
KJK
by Robert Zulandt
7h ago
Venue shopping is as American as apple pie. Litigants have long endeavored to select advantageous courts in jurisdictions with favorable laws, procedures, or jury pools to maximize their chances of success. Even so, filing a case in a particular venue would normally subject a litigant to a random selection of several judges that could hear the case, providing some sense of fairness to the process. Considering this, litigants have become savvier by finding and selecting courts that have only one judge with well-known viewpoints to hear their case, a tactic known as “judge shopping.” Scrutiny on ..read more
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Bubbles on the Bench: Second Circuit to Weigh In on Seltzer vs. Beer Debate
KJK
by Derek P. Hartman
5d ago
Regulatory Confusion While growing in popularity, hard alcoholic seltzers have caused a great deal of confusion for state and federal regulators who have struggled to determine how these products fit into an existing regulatory framework that governs beer, wines, and spirits. Permit holders – big and small – have grappled with questions about whether certain restrictions, such as those limiting the sale of certain alcoholic products on Sundays and outside of restricted hours, apply to the sale of seltzers. Meanwhile, manufacturers are struggling to understand the regulatory and legal requireme ..read more
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IRS Cracks Down on High Income Earners
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by Demetrius J. Robinson
1w ago
Since the Internal Revenue Service (IRS) has received its supplemental funding under the Inflation Reduction Act, the IRS has continuously focused on high-income earners, partnerships, and large corporations. Under its most recent initiative, the IRS targets high-income individuals who have failed to file a federal tax return over the last few years. The Numbers 125,000 Cases: The IRS is currently scrutinizing over 125,000 instances where the IRS has received third-party information (W-2s, and IRS Form 1099) indicating that the individual had received income but failed to file a federal tax r ..read more
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A Lesson in Employee Rights: NLRB Ruling Against Home Depot’s Dress Code Enforcement
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by Maribeth Meluch
1w ago
The National Labor Relations Board (NLRB) has ruled that a Minnesota Home Depot Store broke the law by telling an employee to remove a “BLM” marking from their work apron. The NLRB has recently decided in Home Depot USA, Inc. and Antonio Morales Jr that conditioning continued employment upon removal of a BLM mark on its orange apron was an unfair labor practice finding, contrary to Home Depot’s argument, that no special circumstances were present to justify Home Depot’s action. Board Finds that Facts Matter Previously, we addressed the NLRB’s finding of an unfair labor practice against Tesla ..read more
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Activision Blizzard Faces Call of Duty Tournament Monopoly Claims
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by Scott A. Norcross
1w ago
Activision Blizzard Inc. finds itself entangled in a legal maelstrom as top players of its flagship video game Call of Duty allege an unlawful monopoly over professional leagues and tournaments. Filed in a Los Angeles federal court, the lawsuit contends that Activision, along with GameStop Corp. and Major League Gaming, previously fostered open Call of Duty competitions with reasonable entry fees. However, the plaintiffs argue that Activision tightened its grip on the market in late 2019, monopolizing all leagues save for the Activision Call of Duty League. Legal Allegations Since this consoli ..read more
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What Is Next for Downtown Cleveland Apartments?
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by Richard A. Morehouse
1w ago
The recipe for residential apartment success in Cleveland’s central business district has seen significant changes, primarily because a substantial portion of its traditional demand base—those employed in downtown Cleveland’s office buildings—has yet to return. Shifting Dynamics While Downtown Cleveland Alliance’s Data Dashboard has visitor foot traffic recovery at a relatively strong 93.3% of pre-pandemic levels, its return to office statistics and workforce recovery statistics are at 78.8% and 58.5% of pre-pandemic levels, respectively. This behavior seems to have directly influenced the dem ..read more
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New York’s LLC Transparency Act: What You Need to Know
KJK
by Samantha M. Cira
2w ago
While federal legislative and regulatory authorities digest and plan their responses to the March 1, 2024 ruling in the U.S. District Court for the District of Alabama that held the federal Corporate Transparency Act (the CTA) unconstitutional, New York is moving forward with its own version of the CTA. Specifically, on December 22, 2023, New York’s Governor Kathy Hochul signed Senate Bill 995B/Assembly Bill 3484A, which enacted the New York LLC Transparency Act (the NY LLC Act). The NY LLC Act will become effective December 21, 2024. Similar to the federal CTA, the NY LLC Act aims to enhance ..read more
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Can an Ohio Judge Tell You How Fast You Must Try Your Case?
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by Brett S. Krantz
2w ago
Your partner’s battle with cancer came to a tragic end, a struggle intensified by their persistent cigarette smoking. Despite your repeated pleas for them to quit, the addiction proved too strong. . A lawyer was consulted, and they agreed to take the case; your spouse had been addicted long before public warnings of the dangers. You believe there is a lot of background and information that needs to be presented to the trier of fact. But how much time will you get to present your case? In Ohio’s legal landscape, Rule of Evidence 611(a) may seem like legal jargon. However, it is a crucial guide ..read more
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Student Athletes Secure Victory Over NCAA: Discussing the Future of NIL in Collegiate Athletics
KJK
by Anna E. Bullock
3w ago
In July 2021, the Supreme Court’s landmark decision in National Collegiate Athletic Association v. Alston secured student-athletes’ right to monetize their name, image, and likeness (or NIL). Before the landmark decision, the National Collegiate Athletic Association (NCAA), the governing body of intercollegiate athletics since 1906, had previously limited benefits and compensation to student athletes, who were then limited to “amateur” participation. Since Alston, a new frontier of the sports economy has developed. Student athletes have spawned entire associated industries surrounding their ne ..read more
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KJK Attorneys Recognized in 2024 JD Supra Readers’ Choice Awards
KJK
by KJK
3w ago
KJK is proud to announce that Partners Kristina Supler, Susan Stone, Susan Friedman and Janet Stewart Scalley have been recognized as “Top Authors” in the 2024 JD Supra Readers’ Choice Awards. These annual awards recognize JD Supra contributors for the visibility and engagement their thought leadership earned among readers in select subjects during the previous year. JD Supra editors chose the 31 main topics covered in this year’s Readers’ Choice Awards for their timeliness as well as their proven, ongoing importance. In each category, they recognized ten authors and one firm for consistently ..read more
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