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Appellate
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May 20, 2025
Barclays Officials Beat Shareholder's Suit At NY High Court
New York's highest court on Tuesday rejected arguments that current and former officials of London-based Barclays PLC can be sued under New York law over a series of scandals that have rocked the bank, a decision that sparked rebuke from the court's chief judge.
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May 20, 2025
Split 5th Circ. Clears Ex-Texas Tech Dean In Free Speech Suit
A split Fifth Circuit panel ruled Tuesday that the qualified immunity doctrine shields a former Texas Tech University business school dean from First Amendment claims brought by a professor who alleged he was retaliated against for his anti-tenure views, while a dissenting judge criticized the majority for their truncated qualified-immunity analysis.
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May 20, 2025
4th Circ. Says Suit Over Copter Pilot's Death Must Go To Jury
The Fourth Circuit has reinstated a lawsuit by the widow of a crop-dusting pilot who crashed after his helicopter became tangled in a steel cable stretched over the property, ruling in a published opinion issued Monday that a jury must be the one to decide whether the landlord should have known that the wire posed a danger to the pilot.
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May 20, 2025
DC Circ. Won't Revive Okla. Tribe's Creek Land Dispute
The D.C. Circuit on Tuesday affirmed the dismissal of an Oklahoma tribe's challenge to a decision that rejected its proposed liquor ordinance in a dispute over shared jurisdiction with the Muscogee (Creek) Nation, agreeing with the district court that the complaint failed to identify a valid cause of action that entitles relief.
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May 20, 2025
Dem Lawmakers Reintroduce Supreme Court Ethics Bill
Two Democratic lawmakers on Tuesday reintroduced bills in the House and Senate that would require the U.S. Supreme Court to adopt a binding ethics code and create new recusal and disclosure standards for the nine justices.
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May 20, 2025
UPS Can't Escape $75M Crash Award To Brain-Damaged Baby
A Missouri appellate panel on Tuesday affirmed a jury's $65 million verdict plus about $10 million in interest in a suit accusing United Parcel Service of negligently causing a car crash resulting in a baby's brain damage, saying evidence regarding the driver's history of drug abuse was properly allowed.
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May 20, 2025
Full 11th Circ. Asked To Review Case Of Fla. Lodge Shooting
A Virginia insurer petitioned for a full Eleventh Circuit panel hearing to review a three-judge opinion holding that a jury should decide whether it was in bad faith to not settle a case of a woman who was killed in a Florida lodge shooting, saying the ruling could make insurance more expensive.
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May 20, 2025
Assessing The Design Patent Impact Of LKQ, One Year Later
It's been one year since the full Federal Circuit's LKQ v. GM decision threw out longstanding tests for determining if design patents are invalid as obvious, and attorneys say it's too soon to tell if the ruling will change invalidity results, but it has reshaped legal strategies.
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May 20, 2025
Ga. Panel Says Affidavit Won't Sink Couple's Surgery Suit
The Georgia Court of Appeals rejected Southern Regional Medical Center and one of its nurses' arguments that a trial court should have tossed a married couple's lawsuit over injuries stemming from a hysterectomy over their failure to attach a required affidavit to their complaint.
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May 20, 2025
4th Circ. Won't Revive Md. Retirees' Drug Benefits Case
The Fourth Circuit backed Maryland's defeat of a proposed class action alleging it broke promises made to retirees when it transitioned their prescription drug benefits to Medicare Part D, saying Tuesday that a lower court was right to toss the case.
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May 20, 2025
Wash. Panel Affirms Toss Of Vrbo Host's Rental Coverage Row
Washington appellate judges refused to revive a Vrbo host's suit against a Liberty Mutual unit and a company that arranged a policyholder's temporary housing while her home was being repaired, saying the companies did not breach a nonexistent contract with the host by ceasing to pay the policyholder's rent.
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May 20, 2025
The Alien Enemies Act Cases: A Roundup
Litigation over President Donald Trump’s March 14 proclamation invoking the 1798 Alien Enemies Act has moved at breakneck speed, spurring two U.S. Supreme Court decisions already while at least five different districts weigh his authority to invoke the wartime law. Here, Law360 catches you up on major developments in the litigation.
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May 20, 2025
9th Circ. Says Dad Didn't Show Sons' Hardships If Deported
The Ninth Circuit on Tuesday rejected a Mexican father's bid for deportation relief based on extreme hardships he claimed his sons would face if they accompanied him to Mexico, saying in a published opinion that substantial evidence suggested otherwise.
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May 20, 2025
Texas A&M Says Prof's Pregnancy Leave Wasn't Under FMLA
Texas A&M University told a state appellate court that it should be freed from a lawsuit brought by a professor who was denied tenure because she technically never took family medical leave as she claimed.
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May 20, 2025
2nd Circ. Affirms Dismissal Of Lab's Payment Suit Against Cigna
The Second Circuit on Tuesday upheld the dismissal of a lawsuit that a New Jersey-based diagnostics laboratory brought to seek payments from Cigna Health & Life Insurance Co., holding that the lab's "failure to allege contract formation" defeated many of its claims and it has no standing under the Employee Retirement Income Security Act.
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May 20, 2025
Ill. Panel OKs $2.8M Foot Surgery Award, But Questions Bond
An Illinois jury's $2.8 million verdict against a podiatrist accused of botching two foot surgeries should stand, but the trial court should reconsider a higher appeal bond if the defendants decide to pursue further review, a state appellate panel said Monday.
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May 20, 2025
Ex-NCAA Basketball Players Appealing NIL Denial To 2nd Circ.
A group of 16 former men's basketball players suing the NCAA for unrealized name, image and likeness compensation filed notice Monday that they plan to appeal to the Second Circuit a New York federal court's decision to toss their lawsuit.
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May 20, 2025
NJ Justices Take Up Bond Marketing Suit Against Big Banks
The New Jersey Supreme Court will review a lower appellate court's ruling in favor of JPMorgan Chase & Co., Citigroup Inc., Wells Fargo and other big banks in a lawsuit accusing them of a scheme to inflate the interest rates of certain bonds, according to an order list the justices released Tuesday.
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May 20, 2025
Cozen O'Connor's Insurance Team Hires Former Deputy AG
Veteran insurer-side litigator Frank Toddre II has joined Cozen O'Connor in Las Vegas from Lewis Brisbois Bisgaard & Smith LLP, the business law firm announced, touting his experience as a former senior deputy attorney general in Nevada and a seasoned Ninth Circuit appellate and civil rights attorney.
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May 20, 2025
4th Circuit Won't Halt Order For Asylum-Seeker's Return
A divided Fourth Circuit denied the Trump administration's request to halt a district court order requiring the government to bring back a 20-year-old Venezuelan with a pending asylum application who was deported to a Salvadoran prison despite a class settlement barring his removal.
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May 20, 2025
Split 4th Circ. Finds Testimony Sufficed For Bad Advice Claim
A divided Fourth Circuit panel on Tuesday ordered the government to offer a North Carolina man another shot at a plea deal he rejected, finding his defense attorney's bad advice caused him to pass over the bargain and get saddled with a longer sentence.
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May 20, 2025
King & Spalding Pushes To Exit Long-Running Fla. Condo Suit
A Florida state appellate court has granted a temporary stay to a long-running dispute over a Miami Beach condominium's amenities in order to review King & Spalding LLP's petition to leave the case after its attorneys cited irreconcilable differences with its client, condo owner Bath Club Entertainment LLC.
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May 20, 2025
State AGs Back NJ Judicial Privacy Law At 3rd Circ.
Most states' attorneys general, along with law enforcement organizations and a data privacy group, have encouraged the Third Circuit to uphold a New Jersey judicial privacy measure, saying states have sovereignty to enact such laws in a time of increased threats against judges.
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May 20, 2025
1st Circ. Tosses Puerto Rican Players' MLB Antitrust Appeal
The First Circuit has dismissed an appeal in a wage-fixing antitrust action filed by minor league players against the MLB and its teams, finding the players committed a critical error by not objecting to a federal magistrate judge's recommendation to dismiss the underlying case.
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May 20, 2025
Doctor's Disability Bias Claim Too Late, Mass. Court Says
A former Brigham and Women's Hospital anesthesiologist and Harvard Medical School faculty member is time-barred from pursuing disability bias claims for actions by the hospital that he was aware of as early as 2006, an intermediate Massachusetts appellate court has concluded.
Expert Analysis
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Questions Remain After Justices' Narrow E-Rate FCA Ruling
The U.S. Supreme Court’s recent decision in Wisconsin Bell, holding that requests for reimbursement from the Federal Communications Commission's E-Rate program are subject to False Claims Act liability, resolves one important question but leaves several others open, says Jason Neal at HWG.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Colo. Anti-SLAPP Cases Highlight Dismiss Standard Disparity
A pair of recent decisions from the Colorado Court of Appeals highlights two disparate standards for courts evaluating anti-SLAPP motions: one that requires a court to accept the plaintiff's evidence as true and another that allows the court to assess its merits, says Jacob Hollars at Spencer Fane.
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Appealing An Interlocutory Order On Insurer Duty To Defend
A recent First Circuit decision on a motion regarding an insurer's duty to defend underlying litigation highlights how policyholders may be able to pursue immediate appeals of interlocutory orders, especially in light of other circuit courts' stances on this issue, say attorneys at Anderson Kill.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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Del. Supreme Court TripAdvisor Ruling May Limit 'MFW Creep'
The Delaware Supreme Court's recent Maffei v. Palkon ruling regarding TripAdvisor's proposed reincorporation to Nevada potentially signals a turning point in the trend of expanding the protections from Kahn v. M&F Worldwide to other types of transactions, says Andrew J. Haile at Elon University.
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9th Circ. Draws The Line On Software As A Derivative Work
The Ninth Circuit's recent decision in Oracle International v. Rimini Street clarifies the meaning of derivative work under the Copyright Act, and when a work based upon a preexisting item doesn't constitute a derivative, says John Poulos at Norton Rose.
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As Failure-To-Warn Preemption Wanes, Justices May Weigh In
Federal preemption of state failure-to-warn claims has long been a powerful defense in strict liability tort cases, but is now under attack in litigation over the weedkiller Roundup and other products — so the scope and application of preemption may require clarification by the U.S. Supreme Court, says Michael Sena at Segal McCambridge.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Justices' Certiorari Denial Leaves Interstate Tax Questions
Since the U.S. Supreme Court recently declined to review a Philadelphia resident’s claim that her Delaware state income taxes should be credited against her city wage tax liabilities, constitutional questions about state and local tax distinctions linger, and some states may continue to apply Supreme Court precedent differently, say attorneys at Dentons.
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Trending At The PTAB: Insights From 2024 Fed. Circ. Statistics
Looking at stats from the Federal Circuit's decisions in 219 Patent Trial and Appeal Board appeals last year sheds light on potential trends and strategy considerations that could improve appeals' chances of success, say attorneys at Finnegan.
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Will Independent Federal Agencies Remain Independent?
For 90 years, members of multimember independent federal agencies have relied on the U.S. Supreme Court's 1935 ruling in Humphrey's Executor v. U.S. establishing the security of their positions — but as the Trump administration attempts to overturn this understanding, it is unclear how the high court will respond, says Harvey Reiter at Stinson.
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High Court Sentencing Case Presents Legal Fork In The Road
On Feb. 25, the U.S. Supreme Court will hear arguments in Esteras v. U.S. about the factors trial courts may consider when imposing a sentence of imprisonment after revoking supervised release, and the justices’ eventual decision may prioritize either discretion or originalism, says Michael Freedman at The Freedman Firm.
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Del. Justices' D&O Ruling Clarifies 'Related' Claim Analysis
In its recent decision in the Alexion Pharmaceuticals coverage case, the Delaware Supreme Court adopted a "meaningful linkage" standard for relatedness analysis, providing further guidance to Delaware policyholders on how to navigate those directors and officers insurance disputes, say attorneys at Hunton.