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Appellate
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June 09, 2025
Mich. Justices To Weigh Liability In Senior's Parking Lot Fall
The Michigan Supreme Court will consider an appeal application from a woman who argues that a property management company and a concrete contractor are liable for her injuries from tripping over a trench in the parking lot of her senior living facility.
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June 09, 2025
Pro Bono Civil Counsel Not A Guarantee, 7th Circ. Rules
In a precedential ruling, the Seventh Circuit has found that a federal court in Peoria, Illinois, did not err when it ended the search for a pro bono attorney to represent a prisoner in a civil rights suit over medical care provided behind bars because it could not find willing counsel.
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June 08, 2025
11th Circ. Denies Fla. AG's Bid To Unpause Immigration Law
The Eleventh Circuit on Friday denied Florida Attorney General James Uthmeier's bid to lift a block on a state law criminalizing the entry of unauthorized immigrants into the state, finding that Florida had failed to make a strong showing that it would fend off a challenge to the law.
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June 06, 2025
3rd Circ. Partially Undoes Chipotle's Change-Shorting Suit Win
The Third Circuit on Friday declined to fully undo Chipotle's win against a proposed class action that alleged it shortchanged customers during a COVID-19 pandemic coin shortage in 2020, reversing a lower court's determination that a Pennsylvania man waived a breach of contract claim by accepting his change without coins.
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June 06, 2025
High Court Says Software Glitch Led To Early Order List Drop
An "apparent software malfunction" caused the U.S. Supreme Court's order list to be issued early Friday, orders in which the justices granted certiorari in four cases and refused to take up a long list of other ones, including cases centered on Pennsylvania's election system and the Obama Presidential Center.
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June 06, 2025
Split DC Circ. Reinstates AP's White House Press Pool Ban
A split D.C. Circuit panel reinstated the White House's decision to ban the Associated Press from the press pool covering the Oval Office, Air Force One and Mar-a-Lago on Friday, while a dissenting judge criticized her colleagues' rationale as being nonsensical and upending longstanding First Amendment precedent and generations of tradition.
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June 06, 2025
Justices Won't Hear Obama Center Site Selection Complaints
The U.S. Supreme Court on Friday declined to consider claims that federal agencies failed to complete a full environmental review of plans to construct the Obama Presidential Center in Chicago's Jackson Park neighborhood.
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June 06, 2025
DC Circ. Backs FERC Extension For Southgate Pipeline Work
A D.C. Circuit panel on Friday affirmed the Federal Energy Regulatory Commission's construction deadline extension for the Mountain Valley Pipeline's southern spur, with one judge characterizing a suit challenging it as "typical" of litigation that has stymied American progress.
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June 06, 2025
Texas Court Says Doctor Can Be Sued For Service Dog Mauling
The Texas Supreme Court on Friday greenlit a suit accusing a gynecologist of negligently giving a patient a note stating that she required a service dog which later mauled a toddler, saying the alleged negligence is not a malpractice claim, therefore the plaintiffs did not need a medical expert's opinion.
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June 06, 2025
Supreme Court Limits Discovery In FOIA Suit Against DOGE
The U.S. Supreme Court halted discovery Friday into whether the Department of Government Efficiency is an agency subject to the Freedom of Information Act, but left the door open to future, more tailored inquiries about the inner workings of the initiative.
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June 06, 2025
Justices Reject Eligibility Appeal On Telemedicine Patents
The U.S. Supreme Court declined Friday to review a decision that telemedicine patents asserted against the U.S. government are invalid for claiming only abstract ideas, in the court's latest refusal to reconsider the standard for determining if inventions are eligible for patents.
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June 06, 2025
9th Circ. Mulls If Seagate Win Could Spur Antitrust Suits
A Ninth Circuit judge on a panel doubted Seagate Technology's request to reverse NHK Spring's partial win in an antitrust fight over hard drive components, observing Friday that Seagate's position may broaden antitrust liability and asking "how does this not open up the floodgates for a new plaintiffs' cottage industry?"
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June 06, 2025
Full 11th Circ. Asked To Rethink Workplace Attack Case
An employee has asked the en banc Eleventh Circuit to rethink its ruling that wholesale restaurant supply store McLane Foodservice Inc. is not liable for injuries suffered by an employee who was set on fire at work by a former partner, arguing it took too narrow a view on foreseeability.
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June 06, 2025
Wash. Panel Grills Ambulance Co. On Crash Immunity Defense
Washington appellate judges expressed skepticism on Friday regarding an ambulance company's stance that qualified immunity shielded it from a patient estate's $2.3 million jury verdict over a mid-transport crash, while also casting doubt on the family's contention that the defendant had forfeited its appeal rights.
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June 06, 2025
'Low-Hanging Fruit' In Devas Resolved, But Questions Remain
The U.S. Supreme Court's decision Thursday rejecting the Ninth Circuit's outlier interpretation of a jurisdictional question in a $1.3 billion arbitral award enforcement case came as no surprise to arbitration experts, who say they will nevertheless continue closely watching the case to see how outstanding issues are resolved.
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June 06, 2025
6th Circ. Sends GM Emissions Fraud Claims Back To Michigan
The Sixth Circuit on Friday partly revived drivers' claims alleging General Motors deceptively marketed Chevrolet Cruze vehicles as clean vehicles when they were actually outfitted with emissions-cheating software, punting a question of preemption back to Michigan federal court.
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June 06, 2025
Texas Justices Ax Multiplaintiff 'Jurisdictional Loophole'
The Texas Supreme Court on Friday closed a "gaping jurisdictional loophole" that allowed defendants to challenge jurisdiction in just about any case involving multiple plaintiffs, saying the mere presence of multiple plaintiffs is not enough to invoke appellate review.
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June 06, 2025
Texas AG Says Trans Care Investigation Is Lawful
The Texas Attorney General's Office told the state's Supreme Court that a lower court went too far by blocking an investigation into an LGBTQ+ advocacy organization that allegedly had knowledge about outside parties performing gender-affirming care on minors, saying the court undermined the AG's investigative authority.
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June 06, 2025
NJ Court Blocks LTC Insurer's Bid For Triple-Digit Rate Hike
A New Jersey state appeals court on Friday backed the state's Department of Banking and Insurance in denying a long-term care insurer's request to increase its policy rates, agreeing that the proposed triple-digit rate increase on aging policyholders was excessive.
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June 06, 2025
Iraq Says $120M Pier Award Enforcement Must Be Thrown Out
Iraq has filed an appellate brief urging the D.C. Circuit to overturn a lower court ruling giving a Cypriot construction firm permission to enforce a nearly $120 million arbitral award it won in a dispute over a major port project.
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June 06, 2025
Fed. Circ. Weighs Purview Over Acorda's $17M Arbitral Award
A Federal Circuit panel on Friday wrestled with its authority to consider arbitration appeals dealing with patent law, with at least one judge appearing skeptical that it could consider Acorda Therapeutics Inc.'s bid to increase a $16.6 million award in a fight with Alkermes PLC over a multiple sclerosis drug.
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June 06, 2025
Justices Skip Investment Adviser's Appeal Of $32M SEC Win
The U.S. Supreme Court on Friday declined to hear a lawsuit challenging the U.S. Securities and Exchange Commission's disgorgement powers, turning away an appeal brought by an investment adviser who was ordered to pay $32 million after a lower court found that he and his firm defrauded clients.
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June 06, 2025
NJ Panel Revives Contract Row Between Pot Co., Landlord
A New Jersey state appeals court on Friday revived a Paterson property owner's suit against a would-be dispensary and its principals alleging they broke a deal to share profits from the dispensary, finding that the trial court wrongly conflated the contract's requirement for local approval with a cannabis license.
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June 06, 2025
Argentina Tells DC Circ. $391M Award OK Must Be Nixed
Argentina has asked the D.C. Circuit to overturn a lower court decision ordering it to pay a $391 million arbitral award issued following a 15-year-old dispute over the renationalization of the country's state-owned airline.
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June 06, 2025
8th Circ. Rejects Farm Leasing Co.'s Switch To Amortization
The Eighth Circuit denied an Arkansas farm leasing company's action to amortize federal subsidy-eligible land to reduce its tax liability, affirming Friday that the company was not authorized to make such accounting changes without approval from the Internal Revenue Service.
Expert Analysis
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What's At Stake In High Court's Class Member Standing Case
The U.S. Supreme Court’s eventual decision in Labcorp v. Davis could significantly alter how parties prosecute and defend class actions in federal court, particularly if the court determines some proof of member standing is required before a class may be certified, say attorneys at Reed Smith.
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What Remedies Under New Admin's SEC Could Look Like
The U.S. Securities and Exchange Commission is likely to substantially narrow the remedies it pursues over the next few years, driven by the mounting challenges it faces in court, as well as the views of its incoming chair and fellow Republican commissioners on injunctions, penalties and disgorgement, say attorneys at Milbank.
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Patent Eligibility Insights From Fed. Circ.'s Drill Bit Ruling
The Federal Circuit's recent decision in US Synthetic Corp. v. ITC addresses critical issues in patent eligibility jurisprudence, especially regarding composition-of-matter claims and Section 101 challenges, says Daniel Yannuzzi at Sheppard Mullin.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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What SDNY Judge Can And Can't Do In Adams Case
The federal judge in the Southern District of New York overseeing the criminal case against New York City Mayor Eric Adams deferred making a decision on the government's motion to dismiss the indictment, and while he does have limited authority to deny the motion, that would ultimately be a futile gesture, says Ethan Greenberg at Anderson Kill.
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Drug Kickback Ruling Will Make FCA Liability Harder To Prove
The First Circuit's ruling in U.S. v. Regeneron Pharmaceuticals, requiring the government to prove but-for causation to establish False Claims Act liability based on violations of the Anti-Kickback Statute, raises the bar for FCA enforcement and deepens a circuit split that the U.S. Supreme Court may need to resolve, say attorneys at Baker Donelson.
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Notable Q4 Updates In Insurance Class Actions
In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.
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Expropriation Claims After Justices' Holocaust Asset Ruling
The U.S. Supreme Court's recent decision in Hungary v. Simon, rejecting Holocaust survivors' claims against the Hungarian government under the Foreign Sovereign Immunities Act's expropriation exception, continues the trend of narrowly interpreting that exception and offers important guidance for future plaintiffs considering such claims, say attorneys at MoloLamken.
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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.