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Appellate
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May 30, 2025
Mass. Can't Delay Developer's Suit Over Brownfields Credit
Massachusetts tax officials who have taken more than two years to consider the appeal of a denied brownfields tax credit must hand over the administrative record in the case so that a developer can pursue a motion for judgment on the pleadings, a state court justice has ordered.
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May 30, 2025
High Court Allows Feds To Revoke Immigrant Parole For Now
The U.S. Supreme Court ruled Friday that the Trump administration can revoke Biden-era temporary removal protections and work authorizations for more than half a million immigrants from Cuba, Haiti, Nicaragua and Venezuela, even as the sweeping policy change is being challenged in federal court.
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May 30, 2025
3rd Circ. Preview: Tribal Immunity Limits On Deck For June
The Third Circuit's June argument lineup will find a finance company fighting a proposed class action over allegedly predatory payday loan fees because of its tribal ties, while a plumbing company argues that it does not have to arbitrate a union grievance.
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May 29, 2025
Projects Get Some NEPA Relief, But How Much Is Unknown
The U.S. Supreme Court's decision limiting judicial review of environmental analyses of infrastructure projects, combined with the Trump administration's drive to ease approval processes, may boost developers' optimism — but the extent to which reviews can be narrowed remains unknown.
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May 29, 2025
Panel Clears Hospital Of Contempt In 'Audit Trail' Dispute
An Illinois appeals court on Thursday vacated a trial court's finding of contempt against a hospital in a suit over a newborn's injuries, saying there was insufficient evidence that a certain type of "audit trail" metadata existed in electronic health records.
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May 29, 2025
Texas Justices Keep Court Orders On $3.4B Water Pipeline
A Texas appeals court mostly kept intact court orders barring a groundwater company from interfering with several leases as a part of a $3.4 billion pipeline venture to supply water to San Antonio, finding in a Thursday opinion the company was undercutting its lessee.
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May 29, 2025
Harvard Taps Paul Weiss High Court Litigator For Board
Kannon Shanmugam, a Paul Weiss Rifkind Wharton & Garrison LLP partner and veteran U.S. Supreme Court litigator, has been selected to join the Harvard Corp. governing board, according to an announcement made Thursday.
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May 29, 2025
Insurer Waived Arbitration For Many Reasons, NJ Panel Rules
An insurer waived its right to arbitration for many reasons, a New Jersey appellate panel affirmed, finding a pier owner's coverage dispute concerning underlying litigation brought against it by public utilities blaming it for a fluid leak in the Hudson River must head to trial.
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May 29, 2025
Split 9th Circ. Says Spa's Rule On Certain Trans Women Biased
A divided Ninth Circuit refused to reinstate a Korean spa's constitutional challenge against the Washington State Human Rights Commission and ordered it to rescind its policy denying admission to trans women without gender-affirming surgery, noting Thursday the policy violated state law prohibiting discrimination based on sexual orientation and gender identity.
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May 29, 2025
Delaware Justices Asked To Review Corporate Law Rework
A biopharmaceutical company stockholder has sought direct certification of a derivative suit to Delaware's Supreme Court, asking for state constitutional review of legislation approved in March that limits avenues for challenges to some corporate acts.
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May 29, 2025
Conn. Group Home To Mediate $13.4M Death Appeal
An assisted-living facility and the mother of a resident who died in its care will enter mediation in an effort to settle their ongoing legal dispute, which has already resulted in a $13.4 million jury verdict, according to a new filing in the Connecticut Appellate Court.
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May 29, 2025
Restaurant Liable After Fraudster Steals $475K Settlement
A California appeals court has found in a case of first impression that a restaurant is responsible for $475,000 in settlement funds that its attorneys sent to a fraudster impersonating the other party in a personal injury suit, saying it missed a number of red flags in the impostor's correspondence.
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May 29, 2025
Colo. Court Says No Immunity For Telecom From Injury Suit
Colorado appellate judges on Thursday ruled that a telecommunications provider lacked authority over a sidewalk where a cyclist was injured and can't be shielded from liability by a recreational use law, reversing a trial court decision in favor of the company.
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May 29, 2025
8th Circ. Says Gov'ts Can't Give Up Eminent Domain Powers
An Eighth Circuit panel vacated an injunction barring a North Dakota county from taking private property it said was needed to build a bridge over the Little Missouri River, although the parties had already settled their claims in April.
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May 29, 2025
Tariff Rulings Undercut Trump's Trade Authority, Dealmaking
U.S. trading partners have inadvertently found new leverage in tariff negotiations with the Trump administration after federal courts found several of the president's duties were improperly imposed, raising larger questions about future tariff authorization in the midst of a global trade spat.
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May 29, 2025
Atty Urges 2nd Circ. To Resurrect Name Feud With Ex-Firm
A lawyer has asked the Second Circuit to revive claims against his former firm, which he alleges used his name and likeness after he was fired, saying a judge's dismissal of those claims ignored the harm he personally suffered and the requirements of the Lanham Act.
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May 29, 2025
7th Circ. Probes Hartford's Denial Of Benefits To Ex-PwC Exec
A Seventh Circuit panel weighing Thursday whether to restore long-term disability benefits to an ex- PricewaterhouseCoopers LLP executive with fibromyalgia asked her attorney and counsel for the insurer that denied benefits if the lower court should have considered prior claim history and a consultant's report finding her condition precluded "meaningful employment."
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May 29, 2025
Epic Seeks More Interest On Tata's $140M Punitive Award
Epic Systems argued Thursday that the Seventh Circuit should order a lower court to recalculate its post-judgment interest on a $140 million punitive damages award against Tata Group because interest should have run from its original 2017 judgment rather than the amended version entered five years later.
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May 29, 2025
2nd Circ. Upholds KeyBank Adviser's $1.1M Defamation Win
The Second Circuit on Thursday upheld a $1.1 million award against a brokerage firm accused of making defamatory remarks about a former employee, ruling that Financial Industry Regulatory Authority arbitrators did not disregard the law in handing down the punishment.
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May 29, 2025
Drugstores Say Texas Flouted Rules To Update Pharmacy Regs
The National Association of Chain Drug Stores Inc. told the Texas Supreme Court that updates to statewide policy governing how pharmacies report drug prices flouted Texas rulemaking procedures, telling the state's high court that even if the updates were "good policy" they weren't lawful.
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May 29, 2025
Neb. Tribe Challenges Army's Repatriation Law Interpretation
A Nebraska tribe has said the U.S. Army is introducing new errors into its Fourth Circuit arguments against efforts to repatriate the remains of two children from a Native boarding school cemetery in Pennsylvania, telling the appellate court the attempt to complicate a straightforward federal law should be rejected.
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May 29, 2025
Wash. Justices Upend Cannabis Co. Win In Wage Suit
Washington state's Department of Labor and Industries does not need to issue a formal letter demanding an employer pay a specific sum to employees before launching a wage and hour lawsuit, the state's supreme court held Thursday, upending a cannabis company's win in a lawsuit the agency launched against it.
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May 29, 2025
Apple Says Google Ruling Boosts Appeal Of $300M Verdict
Apple has told the Federal Circuit that its en banc decision ordering a new damages trial in a separate suit against Google bolsters its own appeal of a $300 million verdict against the tech giant for infringing standard-essential 4G patents owned by Optis.
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May 29, 2025
Mass. Justices Revive Atty's Suit Against 'Spiteful' Colleagues
Massachusetts' highest court Thursday revived part of a lawsuit brought by a former appellate court staff attorney who said he was intentionally undermined by supervisors, finding that he had made a reasonable showing that two of the three original defendants had demonstrated actual malice toward him.
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May 29, 2025
Trump Names 4 Jurists, State AG Official For Fla. Judgeships
President Donald Trump this week announced his nominations of four judges and a top official in the Florida Attorney General's Office to fill district judgeships in the Sunshine State's Middle and Southern Districts.
Expert Analysis
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.
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High Court Water Permit Ruling Lacks Specificity
The enforcement impact of the U.S. Supreme Court’s recent decision in San Francisco v. U.S. Environmental Protection Agency may not be significant, because while the ruling makes clear that certain water permit provisions must instruct permittees on how to achieve stated goals, it doesn’t clarify the level of necessary instruction, says Daniel Deeb at ArentFox Schiff.
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The Central Issues Facing Fed. Circ. In Patent Damages Case
The en banc Federal Circuit's pending review of EcoFactor v. Google could reshape how expert damages opinions are argued, and could have ripple effects that limit jury awards, say attorneys at McAndrews Held.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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How Fed. Circ. Ruling Complicates Patent Infringement Cases
The Federal Circuit's decision last month in Kroy IP Holdings v. Groupon may make defending patent infringement claims more challenging, time-consuming and expensive — but it has also complicated similar patent infringement proceedings involving the same patents and their appeals, say attorneys at Norton Rose.
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The Revival Of Badie Arbitration Suits In Consumer Finance
Plaintiffs have recently revived a California appellate court's almost 30-year-old decision in Badie v. Bank of America to challenge arbitration requirements under the Federal Arbitration Act, raising issues banks and credit unions in particular should address when amending arbitration provisions, say attorneys at Orrick.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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1st Circ. IMessage Ruling Illustrates Wire Fraud Circuit Split
The First Circuit’s recent decision that text messages exchanged wholly within Massachusetts but transmitted by the internet count as interstate commerce spotlights a split in how circuits interpret intrastate actions under the federal wire fraud statute, perhaps prompting U.S. Supreme Court review, say attorneys at ArentFox Schiff.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Justices' Revival Ruling In Bias Suit Exceeds Procedural Issue
The U.S. Supreme Court's recent ruling in Waetzig v. Halliburton allowed the plaintiff in an age discrimination lawsuit to move to reopen his case after arbitration, but the seemingly straightforward decision on a procedural issue raises complex questions for employment law practitioners, says Christopher Sakauye at Dykema.
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Cleanup Claim Characterization Key For Timeliness Inquiry
The Tenth Circuit's recent ruling in Atlantic Richfield Co. v. NL Industries, determining that ARCO's contribution claim was timely, highlights the importance of accurately characterizing a claim for recoupment of environmental cleanup costs as a cost-recovery action or contribution to avoid dismissal or recharacterization of the claim, say attorneys at Spencer Fane.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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A Closer Look At Money Laundering Sentencing Issues
Federal money laundering cases are on the rise, often involving lengthy prison sentences for defendants who have little to no criminal history, but a closer look at the statistics and case law reveal some potentially valuable arguments that defense attorneys should keep in their arsenal, says Sarah Sulkowski at Gelber & Santillo.