No First-to-File Rule; Federal Removal Grants Priority
There is no "first-to-file" rule when competing lawsuits are filed in state and federal court on the same day, as both courts have concurrent jurisdiction. However, I expect Kalshi to promptly "remove" the state court case to RI federal court, giving the fed case early priority.
Ninth Circuit Denial Clears Path for State Gambling Lawsuits
Ninth Circuit stay denial in the remand appeals means that state court civil enforcement lawsuits vs. PMs over unlicensed/illegal gambling can proceed in state court, allowing NV and WA cases to move forward and boosting prospects for similar cases in...
SpaceX Bylaws Ban Class Actions, Enforce Arbitration
🚀 Space X - Governance #2 Arbitration / Jury trial waiver / Class-Action ban provisions (will build this thread in inverse order to keep all thoughts, bear with me. Hope is to sum it up as an article at the end of day/week/month...
Nexstar Says Injunction Protects Big Tech, Harms Local News
Nexstar has filed its argument against States and Directv in 9th Circuit regarding deal w Tegna. Here is their statement: The plaintiffs’ claims reflect a fundamental misunderstanding of the modern media landscape in which companies like Nexstar and TEGNA are...
Court Awards Newspaper Fees, Deters Frivolous Defamation Suits
Have a problem I genuinely would love input on. My wife and I own a local newspaper. In our town the police arrested a member of the community for having what they thought were naked pictures of a juvenile on...
Bridge News Urges FCC to Drop Unprecedented Early Renewal Demand
Bridge News asks @FCC to reconsider early renewal notices: "The directive is unprecedented, and contrary to past Commission practice and policy. The only issue for which Bridge News LLC is being 'investigated' involves a factually-settled matter concerning an...
State Prediction Market Bills Are Premature Legal Time‑Wasters
"Wallach described state prediction market bills as misguided and premature 'time-wasters' because the federal preemption fight remains unresolved. “Once enacted into law, these bills become automatic tickets to federal court,” Wallach presciently wrote. https://t.co/VqYcJMgYbU
States Must Challenge CFTC’s Ignored Gaming Contract Ban
States should be keying in on the CFTC's failure to enforce Rule 40.11(a)'s ban on gaming contracts. A government agency's failure to enforce its laws is contrary to the public interest--a key inquiry on a motion for preliminary injunction. My...
Hire a Lawyer: Founder Hits Effectiveness Ceiling
Being your own biz + tax lawyer is impossible. At a minimum it’s not effective. If you are emotionally invested - you can’t also be detached & logical which is 100% needed in biz + tax. And...
QB's Lawsuit Spotlights NIL, Betting, Eligibility Clash
Texas Tech QB Brendan Sorsby sues the NCAA in a case that blends NIL, sports betting, addiction and eligibility. It's a sports law bonanza for the 2020s. My @Sportico legal take: https://t.co/vxGlqC47jh.
DOJ Pulls Misfiled New Hampshire Filing Meant for Minnesota
Just another normal day at DOJ where they have to withdraw a filing in New Hampshire that was intended for Minnesota.
Kalshi Seeks Ninth Circuit Stay to Block State Court Remand
NEW: Kalshi has filed another emergency motion for a stay pending appeal with the Ninth Circuit, but this one is to prevent the Washington federal district court from immediately remanding the Washington State AG's civil enforcement action vs. Kalshi back...
Plan Early to Shield Seniors From POA Predators
The Invisible Threat - protecting parents from financial power of attorney threats. The most dangerous time for a senior is when they are in a “cognitive gray area” and haven’t yet put their protections in place. Proactive planning ensures that...
Draft CLARITY Act Adds ‘Specific Intent’ Shield for Crypto Developers
The new CLARITY Act draft adds a “specific intent” standard that would prevent crypto developers from being charged for creating software. The bill needs to pass before the Memorial Day recess. Three crypto lawyers give passage odds on @DEXintheCityPod. @kkirkbos @TuongvyLe12...
Judge Orders VOA to Deliver Reconstitution Plan Within Week
In the Voice of America cases, Judge Lamberth granted plaintiffs' motion to enforce. The government needs to produce a previously mentioned "Reconstitution Plan" for the agency within seven days, followed by biweekly status reports. https://t.co/6j6Ap3mdaH