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June 27, 2025
Recently Retired US District Judge Joins JAMS In Los Angeles
Alternative dispute resolution service JAMS continues expanding its roster, announcing Thursday it has added a former California federal judge as one of its neutrals.
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June 27, 2025
Calif. Panel Tosses Hacking Case Against Ex-LA Prosecutor
A California state appeals court has ordered the dismissal of criminal claims against former Los Angeles Assistant District Attorney Diana Teran over her use of public sheriff's deputy files contained in a "confidential" database.
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June 27, 2025
Ga. Panel Fines Atty For 'Blatant Lack Of Professionalism'
The Georgia Court of Appeals on Friday backed the dismissal of a lawyer's libel suit against opposing counsel over a discovery dispute in a personal injury case, going so far as to slap the attorney with a fine for wasting its time with the "frivolous" appeal.
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June 27, 2025
Conn. Firm Wins Bias Suit Appeal By Fired Legal Assistant
Connecticut law firm Whitman Breed Abbott & Morgan LLC on Friday prevailed in an appeal brought by a former legal assistant who claimed she was wrongly fired for seeking to work entirely from home during the COVID-19 pandemic, with a three-judge panel holding that her proposed accommodation was not reasonable.
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June 27, 2025
4th Circ. Won't Undo Salvadoran's Illegal Reentry Conviction
A Fourth Circuit panel rejected a Salvadoran man's attempt to dismiss his charge, and eventual conviction, for illegally reentering the United States, saying he failed to demonstrate that his near decade-old removal order was "fundamentally unfair."
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June 27, 2025
Fed. Circ. Urged To Rethink Pool Design Patent Decision
A swimming pool design patent owner wants the full Federal Circuit to rethink a panel's refusal to revive allegations that Latham Pool Products infringed the patent, challenging the "problematic" test used in the case.
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June 27, 2025
Idaho Justices Dismiss Suit Over Skier's Death On Slopes
The Idaho Supreme Court has dismissed a widow's suit against Sun Valley Co. alleging the company was negligent and liable for the death of her husband from hitting a snow machine while skiing, finding that the machine was clearly marked in keeping with state law, and the skier had assumed the risks of the sport.
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June 27, 2025
3 DOL Policy Shifts On Benefits Attys' Radar
Since President Donald Trump's administration took over in January, the U.S. Department of Labor has changed its tack on several issues related to employee benefits. Here, Law360 looks at three moves that caught lawyers' attention.
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June 27, 2025
Justices Punt La. Voting Rights Case Despite Thomas Dissent
The U.S. Supreme Court surprisingly declined Friday to resolve a yearslong saga over voting rights and alleged racial gerrymandering, ordering new arguments over Louisiana's controversial congressional districts despite an impassioned protest from Justice Clarence Thomas.
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June 27, 2025
Texas High Court Overturns $116M Verdict In Fatal Crash Suit
The Texas Supreme Court on Friday tossed a $116 million jury verdict against trucking company Werner Enterprises Inc. over a crash that killed one child and paralyzed another, ruling that even though a company driver traveled at an unsafe speed, he was not to blame for the accident.
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June 27, 2025
Justices Uphold Texas Law Requiring Porn Site Age Checks
The U.S. Supreme Court on Friday said a Texas law requiring pornographic websites to verify visitors' ages could take effect, agreeing with a divided Fifth Circuit's decision to vacate an injunction while using a different standard of judicial review to evaluate the statute.
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June 27, 2025
Justices Say Md. Must Allow LGBTQ Storybook Opt-Out
The U.S. Supreme Court ruled Friday that a Maryland school district burdened parents' religious rights when it declined to provide opt-outs from a policy that introduced LGBTQ-themed storybooks into its K-12 English curriculum.
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June 27, 2025
Justices Salvage FCC Subsidy Fees, Reversing 5th Circ.
The U.S. Supreme Court on Friday upheld the funding mechanism for the Federal Communications Commission's $9 billion Universal Service Fund used to subsidize low-income phone service, rural broadband, and school, library and healthcare telecommunications connectivity.
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June 27, 2025
Justices Back Task Force That Sets ACA Care Requirements
The U.S. Supreme Court ruled Friday that the U.S. Department of Health and Human Services' secretary had authority over a preventive care task force, rejecting a constitutional challenge to an Affordable Care Act clause that requires health insurers to cover certain treatments at no cost to patients.
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June 27, 2025
Justices Limit Universal Injunctions But Defer On Citizenship
The U.S. Supreme Court ruled Friday that President Donald Trump can partially implement his executive order aimed at limiting birthright citizenship, in a ruling that significantly limits the ability of federal district court judges to issue nationally applicable orders against presidential edicts and policy initiatives.
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June 26, 2025
NY Court Suppresses Evidence Due To Cannabis Law Change
A man's guilty plea to possessing cocaine was vacated Thursday after a New York appeals court allowed suppression of evidence gleaned from a police search prompted by a cannabis smell, because the state barred this exact practice days after his indictment.
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June 26, 2025
Flaws In Expert Report Doom Mass. Suit Over Patient's Death
A Massachusetts appellate court on Thursday affirmed the dismissal of a medical malpractice suit blaming a physician assisting on a gastric sleeve surgery for the patient's death, saying the plaintiff's expert failed to identify the relevant standard of care for the assisting doctor.
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June 26, 2025
Movie Cos. Ask 10th Circ. To Redo 'Inconsistent' Labor Ruling
Two Hallmark-contracted movie studios asked the Tenth Circuit to rehear a claim from the National Labor Relations Board that the studios violated federal labor laws by refusing to rehire striking employees, calling the previous panel opinion both "inconsistent" and "confusing at best."
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June 26, 2025
Ga. Appeals Court Reverses Sanctions In Sinkhole Fight
The Georgia Court of Appeals has reversed a trial court's decision to strike the complaint of a property owner over discovery violations in a fight over a sinkhole, ruling that Peachtree Renaissance Property LLC was not given a fair hearing before the sanctions were handed down.
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June 26, 2025
Fla. Lawyers Suspended For Online Criticism Of Judge
Florida's high court on Thursday approved a one-month suspension for a father-daughter team of attorneys for their online comments criticizing a judge who reversed a $2.75 million jury verdict in favor of a doctor who sued for discrimination, finding that there were also mitigating factors in the attorneys' cases.
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June 26, 2025
Immigrants Tell 1st Circ. DHS Can't Justify Parole Program Ax
A class of nearly 500,000 immigrants from Cuba, Haiti, Nicaragua and Venezuela told the First Circuit on Wednesday that the Trump administration can't show that a Massachusetts federal judge abused her discretion in blocking the government's rescission of temporary Biden-era removal protections.
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June 26, 2025
Ex-Trump Atty Chesebro Disbarred In NY For Fake Elector Plot
President Donald Trump's former attorney Kenneth Chesebro, the so-called "architect" in the plot to use fake electors to overturn Georgia's 2020 election results, has been disbarred from practicing law in the state of New York, according to a unanimous decision issued on Thursday.Â
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June 26, 2025
Mass. Court Lets Man Try Again To Escape Ankle Monitor
A convicted rapist in Massachusetts who spent nearly 16 years in prison will get a second shot at challenging how long he must wear a GPS monitor now that he's been released, after a state appellate court on Thursday ruled a lower court did not properly weigh his constitutional rights.
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June 26, 2025
Wash. High Court Says State CBAs Are Private Until Funded
The agency that negotiates Washington state employees' union contracts can reject public records requests for bargaining-related documents until the contracts are finalized and funded, the Washington Supreme Court held in an 8-1 vote Thursday, upholding a Washington Court of Appeals decision.
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June 26, 2025
SMU Law Professor's Tenure Suit Partly Revived By 5th Circ.
The Fifth Circuit on Wednesday partially revived a former Southern Methodist University law professor's suit over the denial of her tenure application following a ruling last month by the Texas Supreme Court.
Expert Analysis
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Wash. Justices' Moonlight Ruling Should Caution Employers
The Washington Supreme Court's recent decision in David v. Freedom Vans, which limited when employers can restrict low-wage workers from moonlighting, underscores the need for employers to narrowly tailor restrictive covenants, ensuring that they are reasonable and allow for workforce mobility, say attorneys at Perkins Coie.
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What To Watch For As High Court Mulls NRC's Powers
If successful, Texas’ challenges to the U.S. Nuclear Regulatory Commission’s authority — recently heard by the U.S. Supreme Court and currently pending before a Texas federal court — may have serious adverse consequences for aspiring NRC licensees, including potential nuclear power plant operators, say attorneys at Haynes Boone.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Calif. Smoke Claim Ruling Gives Insurers Support On Denials
Far from being an outlier among ash, soot and smoke coverage cases, a California appellate court's recent opinion in Gharibian v. Wawanesa General Insurance reinforces the principle that policyholders must establish entitlement to coverage as a threshold matter, while supporting denials of coverage for meritless claims, says Kyle Espinola at Zelle.
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Cos. Face Enviro Justice Tug-Of-War Between States, Feds
The second Trump administration's sweeping elimination of environmental justice policies, programs and funding, and targeting of state-level EJ initiatives, creates difficult questions for companies on how best to avoid friction with federal policy, navigate state compliance obligations and maintain important stakeholder relationships with communities, say attorneys at Arnold & Porter.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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5th Circ. Ruling Is Latest Signal Of Shaky Qui Tam Landscape
In his recent concurring opinion in U.S. v. Peripheral Vascular Associates, a Fifth Circuit judge joined a growing list of jurists suggesting that the False Claims Act's whistleblower provisions are unconstitutional, underscoring that acceptance of qui tam relators can no longer be taken for granted, say attorneys at Miller & Chevalier.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Tracking The Evolution Of Liability Management Exercises
As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.
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Navigating Florida's Bad Faith Reforms After Appellate Ruling
A Florida appellate court's recent decision is among the first to interpret two significant amendments to the state's insurance bad faith law, and its holding that one of the statutes could not apply retroactively may affect insurers' interpretation of the other statute, say attorneys at Cozen O'Connor.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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A New Tool For Assessing Kickback Risks In Health Marketing
The Seventh Circuit's recent decision in U.S. v. Sorensen, reversing a conviction after trial of a durable medical equipment distributor, highlights two principle considerations for determining whether payments to marketers in healthcare are unlawful under the Anti-Kickback Statute, says Elisha Kobre at Sheppard Mullin.
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Maximizing Employer Defenses After Calif. Meal Waiver Ruling
A California state appeals court's recent decision in Bradsbery v. Vicar Operating, finding that revocable meal period waivers prospectively signed by employees are enforceable, offers employers four steps to proactively reduce their exposure to meal period claims and bolster their defenses in a potential lawsuit, say attorneys at Fisher Phillips.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.