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Appellate
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July 18, 2025
Competence Questions Prompt New Calif. Murder Trial
A potentially intellectually disabled man who was found guilty of killing a woman and burying her body in his backyard is entitled to a new trial, a California state appeals court has ruled, finding that the lower court didn't properly determine his competency.
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July 18, 2025
Judge Says She'd Block Birthright Order For Nationwide Class
A Maryland federal judge has said she can't rule on a bid to block President Donald Trump's birthright citizenship executive order for a proposed nationwide class since another preliminary injunction is on appeal, but that she would grant the request if the Fourth Circuit remanded to let her do so.
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July 18, 2025
Ill. Man Gets New Murder Trial Due To Improper Evidence
An Illinois state appeals court has reversed a murder conviction for a man for a second time after finding the lower court incorrectly allowed evidence of unrelated crimes to be brought up at trial.
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July 18, 2025
Boeing Urges 4th Circ. To Decertify 737 Max Investor Class
Boeing told the Fourth Circuit on Friday that a Virginia district court flouted U.S. Supreme Court precedent by certifying a class of investors alleging the company misrepresented the safety of its 737 Max 9 fleet after a door plug blowout, saying there's zero evidence backing the plaintiffs' damages theories.
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July 18, 2025
Oxford Shooting Victim's Estate Can Sue Cops, Court Finds
A Michigan appellate panel reopened a lawsuit from the father of a student killed in the Oxford High School shooting alleging state police failed to act on tips about the threat of an attack, finding a provision designed to extend filing deadlines for estates applies to claims against the state.
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July 18, 2025
4th Circ. Remands Insurance Award Feud Over FAA Confusion
In a published decision that refers to the Federal Arbitration Act as "not a triumph of legislative draftsmanship," the Fourth Circuit on Friday overturned the enforcement of an arbitral award favoring health insurance service providers that is being challenged over an arbitrator's alleged conflict of interest.
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July 18, 2025
Texas Appeals Court Says City Wanted Too Much In Royalties
A Texas appeals court affirmed a lower court's ruling against the city of Crowley, Texas, on Thursday, finding that the city's energy agreement with TotalEnergies E&P USA Inc. requires gas royalty payments to be calculated solely based on the market value of the gas at the point of sale.
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July 18, 2025
MSN Urges Fed. Circ. To Allow Launch Of Generic Entresto
MSN Pharmaceuticals asked the Federal Circuit on Friday to lift a temporary injunction and allow the company to launch a generic version of the blockbuster heart drug Entresto, a move MSN says would benefit the public by reducing costs for Medicare and Medicaid.
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July 18, 2025
Fed. Circ. Frees Medtronic From $125M Patent Judgment
The Federal Circuit on Friday overturned a more than $125 million judgment against Medtronic's CoreValve unit for infringing a Colibri Heart Valve LLC patent, saying changes made to the patent during examination mean that Medtronic should not have been found to infringe.
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July 18, 2025
DC Circ. Affirms Toss Of Tax Pros' PTIN User Fee Challenge
A D.C. federal court properly dismissed a lawsuit by tax return preparers challenging the IRS' process for issuing their special identification numbers, the D.C. Circuit ruled Friday, saying the suit violated rules against filing duplicate claims.
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July 18, 2025
Miami Official Loses Appeal To Toss $63.5M Judgment
The Eleventh Circuit has dismissed Miami City Commissioner Joe Carollo's appeal of the $63.5 million judgment against him for targeting a pair of business owners after they supported a political opponent, finding that he prematurely filed the appeal and then failed to amend it.
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July 18, 2025
3rd Circ. Says Gun Possession Requires Control Of Property
A Pennsylvania man convicted of drug charges should not have also been found guilty of illegal gun possession, the Third Circuit ruled Friday in a precedential opinion that addressed novel issues, reasoning that prosecutors failed to show how the home where the firearms were found was under his control.
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July 18, 2025
Texas Court Tosses Cities' Challenge To 'Death Star' Bill
A state appeals court tossed three Texas cities' challenge to a bill nicknamed the "Death Star," writing that they hadn't properly shown they'd be injured by the bill's mandate that state law preempt local ordinances.
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July 18, 2025
Off The Bench: Latest NASCAR Win, Trans Athlete Fights Ban
In this week's Off The Bench, Michael Jordan's racing team fails to bounce back right away from a tough defeat in its battle with NASCAR, a transgender woman fights a last-minute expulsion from a college women's track and field event, and a football player sees his window to playing an extra college season slammed shut by the NCAA and the Seventh Circuit.
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July 18, 2025
'Lost Services' Damages OK In Child Death Suits, Court Rules
A mother can pursue damages against a Detroit hospital for the loss of household services she would have received if her infant son had lived to adulthood, even after a recent Michigan Supreme Court ruling narrowed the available recovery, an appellate panel held.
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July 18, 2025
3rd Circ. Won't Halt Corteva Pension Judgment For Appeal
The Third Circuit has refused to halt judgment against Corteva Inc. and DuPont while they challenge a verdict in favor of employees who claimed the chemical companies failed to inform them about benefit changes stemming from a merger and spinoff, which netted the plaintiffs' counsel nearly $6.4 million in fees and costs.
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July 18, 2025
6th Circ. Won't Revive Ex-Ruby Tuesday Execs' Benefits Fight
The Sixth Circuit refused to reopen a suit from former Ruby Tuesday managers and executives alleging Regions Bank inadequately protected their retirement plan benefits that were liquidated in bankruptcy, concluding a lower court was right to end the case in the bank's favor.
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July 18, 2025
7th Circ. OKs FBI Withholding Of Ex-Atty's Informant Records
The Federal Bureau of Investigation did not violate the Freedom of Information Act by providing only some of the documents former lawyer Joel Brodsky requested related to his work as a confidential informant on corruption and murder investigations, the Seventh Circuit found on Friday, ruling that the FBI had properly justified its rationale.
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July 18, 2025
Cannabis And The Courts: A Midyear Litigation Review
In the first half of 2025, lawsuits taking aim at state hemp restrictions, putative residency criteria in cannabis licensure programs and the federal policy that keeps users and convicted sellers of pot from lawfully owning guns were all briefed in multiple appellate courts across the country.
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July 18, 2025
Meet The New Georgia Supreme Court Justice
The Georgia Supreme Court's incoming justice, Georgia Court of Appeals Judge Benjamin A. Land, touted his judicial restraint in a panel decision he authored that was later affirmed by the state's justices, while attorneys who've worked with him as a trial lawyer say he's "the most prepared lawyer in the courtroom."
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July 18, 2025
4th Circ. Backs $9M Classification Ruling Against Staffing Co.
A split Fourth Circuit panel will not scrap a $9 million judgment against a medical staffing company that the U.S. Department of Labor won in a suit alleging the company misclassified more than 1,000 nurses.
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July 18, 2025
Trump Asks Supreme Court To Decline Early Tariff Challenge
President Donald Trump's administration urged the U.S. Supreme Court to reject a request from Illinois-based toy makers to hear their challenge against the White House's global tariffs, arguing the justices should not "leapfrog" parallel proceedings in circuit courts.
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July 18, 2025
Judge Unsure Of Alternatives To Nationwide Birthright Ruling
A Massachusetts federal judge on Friday wrestled with how the government would implement any alternatives to a nationwide block on President Donald Trump's order limiting birthright citizenship and what type of decision would comply with recent high court precedent.
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July 18, 2025
DC Circ. Backs Crowley In GSA Audit Powers Fight
The General Services Administration lacked authority to audit bills Crowley Government Services Inc. submitted under a freight contract with U.S. Transportation Command since the company was not operating as a carrier, a split D.C. Circuit panel ruled Friday.
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July 18, 2025
Top 5 Energy Decisions Of 2025: A Midyear Report
A game-changing U.S. Supreme Court ruling that could significantly narrow federal environmental reviews of energy projects punctuated a busy first half of 2025 for the industry in the courts. Here are several court decisions that stood out for energy attorneys in the first half of this year.
Expert Analysis
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How High Court's Cornell Decision Will Affect ERISA Suits
The U.S. Supreme Court's recent decision in Cunningham v. Cornell, characterizing prohibited transaction exemptions as affirmative defenses, sets the bar very low for initiating Employee Retirement Income Security Act litigation, and will likely affect many plan sponsors with similar service agreements, says Carol Buckmann at Cohen & Buckmann.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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2nd Circ. Ruling May Aid Consistent Interpretation Of ADA
In Tudor v. Whitehall Central School District, the Second Circuit joined the majority of circuits by holding that an employee's ability to perform their job without an accommodation does not disqualify them from receiving one, marking a notable step toward uniform application of the Americans with Disabilities Act nationwide, says Michelle Grant at Wilson Elser.
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EPA's Proposed GHG Reform Could Hinder Climate Regulation
The Trump administration will reconsider the U.S. Environmental Protection Agency's landmark 2009 greenhouse gas endangerment finding, which could leave the U.S. federal government with no statutory authority whatsoever to regulate climate change or greenhouse gas emissions, says David Smith at Manatt.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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Fed. Circ. In March: Forfeiting Claim Construction On Appeal
The Federal Circuit's decision in Wash World v. Belanger last month confirms the importance of fair notice to the district court when determining forfeiture of an argument on appeal in the context of patent claim construction, allowing appellants to better gauge the appropriate framing of arguments that may be presented, say attorneys at Knobbe Martens.
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1st Circ. Ruling May Slow SEC Retail Investment Advice Cases
The First Circuit's recent ruling, finding the U.S. Securities and Exchange Commission did not substantiate its $93.3 million fine against a retail investment adviser, may raise the threshold on materiality findings in these cases and add a speed bump resulting in fewer such actions, say attorneys at Weil.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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6 Criteria Can Help Assess Executive Branch Actions
With new executive policy changes announced seemingly every day, several questions can help courts, policymakers and businesses determine whether such actions are proper, effective and in keeping with our democratic norms, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.
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Fed Circ.'s PTAB Ruling Highlights Obsolete Rationale
The Federal Circuit's recent decision in In re: Riggs shines a new light on its 2015 decision in Dynamic Drinkware v. National Graphics, and raises questions about why the claim support requirement established by Dynamic Drinkware exists at all, say attorneys at Patterson Belknap.
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Traversing The Shifting Sands Of ESG Reporting Compliance
Multinational corporations have increasingly found themselves between a rock and a hard place attempting to comply with EU and California ESG requirements while not running afoul of expanding U.S. anti-ESG regimes, but focusing on what is material to shareholder value and establishing strong governance can help, say attorneys at MoFo.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools
Amid multiple recent civil complaints alleging antitrust violations by providers and users of algorithmic pricing tools, such as RealPage and Yardi, digital-era measures should feature prominently in corporate compliance programs, including documentation of pro-competitive benefits and when to use disclosures, say attorneys at Morgan Lewis.
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Opinion
In Vape Case, Justices Must Focus On Agencies' Results
With the U.S. Supreme Court's ruling in U.S. Food and Drug Administration v. Wages and White Lion Investments having put off the question of whether agency decisions arrived at erroneously are always invalid, the court should give the results of agency actions more weight than the reasoning behind them when it revisits this case, says Jonathan Sheffield at Loyola University Chicago School of Law.