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Appellate
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October 03, 2025
Ga. Judge 'Cannot Be Trusted,' Must Leave Bench, Panel Says
The Georgia Judicial Qualifications Commission is recommending that a judge who gave dishonest testimony regarding wide-ranging allegations of misconduct, including the illegal arrest and false imprisonment of a witness, should be kicked off the bench, saying that a judge who "cannot be trusted to tell the truth cannot be trusted to remain in office."
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October 03, 2025
Newman Opposes Fed. Circ.'s Stay Bid Amid Shutdown
The government shutdown is no excuse to halt proceedings in Judge Pauline Newman's case for reinstatement to the Federal Circuit, the judge said in an opposition, noting in a Friday filing that the Federal Circuit was seeking to delay its own litigation while pledging to deny similar motions that come before it.
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October 03, 2025
Justices To Weigh Compensation In Tax-Foreclosure Sale
The U.S. Supreme Court agreed Friday to take up a case contending that a deceased homeowner's estate was denied its constitutionally owed compensation when a Michigan county sold a tax-foreclosed property at a fraction of its fair market value.
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October 03, 2025
6th Circ. Won't Revive Religious Rehab Group's Land Use Suit
The Sixth Circuit refused to rescue a faith-based rehabilitation operator's claims that a Tennessee county unlawfully wielded land use laws to keep it from buying a new site, finding that the group's move to a nearby county was not a substantial burden on its religious exercise.
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October 03, 2025
DC Circ. Split On Challenge To IRS-ICE Info-Sharing Deal
D.C. Circuit judges seemed split Friday over whether an information-sharing agreement between immigration authorities and the IRS complies with taxpayer privacy protections, with one judge noting during oral arguments that the government immigration arm requesting the tax information appears unauthorized to make the requests.
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October 03, 2025
The Roberts Court At 20: How The Chief Is Reshaping America
Twenty years after John Roberts became the 17th chief justice of the United States, he faces a U.S. Supreme Court term that's looking transformative for the country and its institutions. How Justice Roberts and his colleagues navigate mounting distrust in the judiciary and set the boundaries of presidential authority appear increasingly likely to define his time leading the court.
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October 03, 2025
Stryker Gets Fed. Circ. To Ax Bone Fusion Patent Claims
The Federal Circuit on Friday reversed the Patent Trial and Appeal Board's findings that Stryker failed to show that certain claims were anticipated in a trio of OsteoMed patents relating to ways to secure bones together.
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October 03, 2025
Madigan Must Report To Prison As Ordered, 7th Circ. Says
The Seventh Circuit on Friday denied former Illinois House Speaker Michael Madigan's request to stay his impending surrender to serve a seven-year prison sentence for bribery and wire fraud as he appeals that conviction.
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October 03, 2025
Off The Bench: QB Wins In Court, 'Poaching' Feud Heats Up
In this week's Off The Bench, the NCAA's bid to overturn a football player's eligibility falls short, a transgender athlete wants a potential landmark U.S. Supreme Court case stopped, and a $55 million feud between two athletic conferences continues.
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October 03, 2025
4 Criminal Law Cases To Watch As Justices Return
A slate of upcoming arguments will offer the U.S. Supreme Court the opportunity to weigh criminal defendants' ability to pursue claims of double jeopardy, secure sentencing relief and confer with trial counsel during overnight pauses in their testimony.
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October 03, 2025
$1T Tesla Pay Proposal Sets Ambitious Goals For Musk
A massive pay proposal for Tesla CEO Elon Musk contains performance metrics that would make it tough for Musk to pull in the maximum pay available, even if the deal gets a green light from shareholders in November. Here are four things about the $1 trillion pitch that have caught attorneys' attention.
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October 03, 2025
Why The Criminal Defense Bar Will 'Learn A Lot' This Term
The U.S. Supreme Court's docket is packed with cases that hinge on issues of criminal law, teeing up a term that could affect the U.S. Sentencing Commission's powers and clarify where the justices stand on procedural and constitutional questions of criminal law, experts say.
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October 03, 2025
8th Circ. Won't Review Teachers' Union Taxpayer Ruling
The full Eighth Circuit will not review a split panel decision ruling that taxpayers could challenge a Minnesota school district's paid leave policy that allows teachers to take paid time off to work for their union.
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October 03, 2025
Justices Agree To Hear Freight Broker Negligence Case
The U.S. Supreme Court on Friday agreed to address conflicting appellate court decisions on whether federal law shields freight brokers from state-based negligence and personal injury claims.
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October 03, 2025
Supreme Court Takes Up Cuba Seizure Law Cases
The U.S. Supreme Court on Friday agreed to consider two cases seeking clarity on a federal law enacted in 1996 that allows U.S. victims of property seizures by the Cuban government to seek damages from entities that subsequently used the property.
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October 02, 2025
Wrongful-Death Damages Cap Case Remanded To Trial Court
A state appellate panel on Thursday cosigned a Georgia Supreme Court opinion ordering a trial judge to reexamine whether a $7.2 million jury award in a medical malpractice case should be reduced to $350,000, saying it incorrectly applied the high court's precedent.
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October 02, 2025
Biz Org Says DC Circ. Must Rethink T-Mobile's Privacy Fine
The Chamber of Commerce is throwing its weight behind T-Mobile and Sprint as they ask the full D.C. Circuit to rethink the appellate court's decision not to knock out $92 million in fines the telecoms were slapped with for selling users' sensitive location data even after they knew it was being used inappropriately.
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October 02, 2025
11th Circ. Denies Stay In Settled Employee Stock Plan Suit
Two Eleventh Circuit judges denied a joint request to briefly pause and remand a proposed class-action lawsuit over control of equity in a stock ownership plan pitting a Georgia-based consulting firm and its employees against plan participants, despite the parties announcing a settlement has been reached.
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October 02, 2025
Citing Injunction Ruling, Judge Grants Class Cert. In TPS Suit
A California federal judge on Thursday certified three nationwide classes of immigrants from Honduras, Nicaragua and Nepal who claimed in litigation that Homeland Security Secretary Kristi Noem unlawfully terminated their temporary protected status designations, citing the U.S. Supreme Court's decision limiting lower courts' use of nationwide injunctions.
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October 02, 2025
Full 5th Circ. To Rehear Bid To Void DOT Airline Fees Rule
The full Fifth Circuit Thursday vacated a panel's January ruling that allowed for the redo of a Biden-era rule requiring airlines to more clearly disclose add-on fees upfront and agreed to consider a request from airlines that the rule itself be wiped off the books entirely.
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October 02, 2025
Ohio High Court Says Death Row Clemency Not Reviewable
A man convicted of murdering two people who had his death sentence commuted by the governor of Ohio to life in prison without parole can't have that sentence thrown out even though it was unavailable when he committed his crimes, the Ohio Supreme Court said Thursday, holding that courts have no say over the governor's clemency power.
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October 02, 2025
9th Circ. Rebuffs Flagstar's Escrow Interest Preemption Bid
The Ninth Circuit said Thursday that Flagstar Bank still owes a class of mortgage borrowers more than $9 million for unpaid escrow interest under a California law, ruling that a recent U.S. Supreme Court preemption case didn't upset circuit precedent on the issue.
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October 02, 2025
NC Court Rejects McGuireWoods' Immunity In Defamation Suit
A North Carolina appellate court dismissed an interlocutory appeal by McGuireWoods and a former partner in a defamation case over statements about an investigation into the onetime CEO of a managed care organization during a press conference, reiterating its opinion that the statements were "too far afield" to be considered part of a judicial proceeding.
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October 02, 2025
Peach State Panel Tosses $500K Verdict In Peach Picking Spat
The Georgia Court of Appeals ordered a new trial in a case where a jury awarded $500,000 worth of punitive damages to a peach grower who said his crop was ruined by another farmer, ruling that inadmissible evidence about their settlement talks was "likely significant" in securing the verdict.
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October 02, 2025
8th Circ. Won't Rehear Worker's Wrongful THC Firing Case
The Eighth Circuit on Wednesday declined to review its decision affirming a win for Peco Foods Inc. against a worker who claims he was wrongfully fired after testing positive for THC, keeping in place a panel ruling that Arkansas' at-will employment doctrine allowed for the termination.
Expert Analysis
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Justices' Age Verification Ruling May Lead To More State Laws
The U.S. Supreme Court’s recent Free Speech Coalition v. Paxton ruling, permitting a Texas law requiring certain websites to verify users’ ages, significantly expands states' ability to regulate minors’ social media access, further complicating the patchwork of internet privacy laws, say attorneys at Troutman.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Reel Justice: 'Oh, Hi!' Teaches Attys To Return To The Statute
The new dark comedy film “Oh, Hi!” — depicting a romantic vacation that turns into an inadvertent kidnapping — should remind criminal practitioners to always reread the statute to avoid assumptions, meet their ethical duties and finesse their trial strategy, says Veronica Finkelstein at Wilmington University School of Law.
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Patent Ambiguity Persists After Justices Nix Eligibility Appeal
The Supreme Court recently declined to revisit the contentious framework governing patent eligibility by denying certiorari in Audio Evolution Diagnostics v. U.S., suggesting a necessary recalibration of both patent application and litigation strategies, say attorneys at Skadden.
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Justices' Decision Axing Retiree's ADA Claim Offers Clarity
The U.S. Supreme Court's holding in Stanley v. City of Sanford that protections under Title I of the Americans with Disabilities Act don't extend to retirees potentially limits liability by giving employers additional support to challenge complaints, and highlights the need for proactive policy management to mitigate risk, say attorneys at Jackson Lewis.
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Fed. Circ. In June: Transitional Phrases In Patent Claims
The Federal Circuit's recent decision in Eye Therapies v. Slayback Pharma takes on the rarely addressed topic of transitional phrases in patent claims, providing some useful lessons regarding restating claim language and broadly distinguishing prior art, say attorneys at Knobbe Martens.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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What To Do When Congress And DOJ Both Come Knocking
As recently seen in the news, clients may find themselves facing parallel U.S. Department of Justice and congressional investigations, requiring a comprehensive response that considers the different challenges posed by each, say attorneys at Friedman Kaplan.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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Eye Drop Ruling Clarifies Importance Of Patent Phrasing
The Federal Circuit's recent ruling in Eye Therapies v. Slayback, rejecting the Patent Trial and Appeal Board's interpretation of "consisting essentially of," highlights the importance of using clear and consistent terms throughout a patent's filing history to shield it against future challenges, says Liliana Di Nola-Baron at Panitch Schwarze.
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Midyear Rewind: How Courts Are Reshaping VPPA Standards
The first half of 2025 saw a series of cases interpreting the Video Privacy Protection Act as applied to website tracking technologies, including three appellate rulings deepening circuit splits on what qualifies as personally identifiable information and who qualifies as a consumer under the statute, say attorneys at Perkins Coie.
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How Justices' Ruling On NEPA Reviews Is Playing Out
Since the U.S. Supreme Court's May decision in Seven County Infrastructure Coalition v. Eagle County, narrowing the scope of agencies' required reviews under the National Environmental Policy Act, the effects of the ruling are starting to become visible in the actions of lower courts and the agencies themselves, say attorneys at Saul Ewing.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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Reverse Bias Rulings Offer Warning About DEI Quotas
Several recent holdings confirm that targeted or quota-based diversity programs can substantiate reverse discrimination claims, especially when coupled with an adverse action, so employers should exercise caution before implementing such policies in order to mitigate litigation risk, says Noah Bunzl at Tarter Krinsky.