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Appellate
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May 22, 2025
Gov't Presses High Court To Hear Activist Investor Suit
The federal government Thursday urged the U.S. Supreme Court to hear a case accusing a series of closed-end funds of shutting an activist investor out of its voting rights, arguing that the investor's lawsuit threatens to have an "unpredictable impact" on the private fund industry.
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May 22, 2025
Alaska Airlines Grilled In Wash. COVID Workers' Comp Case
Members of Washington's highest court cast doubt Thursday about Alaska Airlines' stance in a flight attendant's COVID-19 workers' compensation case, with several justices seemingly frustrated by the employer's attempt to draw a line between covered occupational disease and sickness that develops during job-related travel.
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May 22, 2025
Hungarian Co. Fights Croatia Delay Bid In $236M Award Case
A Hungarian energy company has urged a D.C. federal court to nix Croatia's bid to stay a lawsuit aimed at enforcing a $236 million arbitral award against the country a month after it lost a motion to dismiss the suit.
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May 22, 2025
5th Circ. Revives 'Unclean Hands' Defense In Ch. 13
A Louisiana homeowner can head back to bankruptcy court to try to discharge a $75,000 judgment against him from a contractor who said it was stiffed, a panel of the U.S. Court of Appeals for the Fifth Circuit has ruled.
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May 22, 2025
Calif. Docs Bring FDA Stem Cell Regulation Fight To Top Court
Two California clinics that provide stem cell treatments are urging the U.S. Supreme Court to review a Ninth Circuit panel's finding that their treatments are "drugs" subject to Food, Drug and Cosmetic Act regulations.
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May 22, 2025
Justices Urged To Undo Denial Of Fast Track For Gastro Drug
Vanda Pharmaceuticals Inc. is asking the U.S. Supreme Court to reverse the Food and Drug Administration's decision denying fast-track approval for its gastroparesis drug tradipitant, saying it meets the statutory standard for fast-track review as a new treatment with the "potential to address unmet medical needs."
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May 22, 2025
Rehab Greenhouse Violated Zoning Rules, Conn. Justices Say
A drug rehab center's attempt to operate a 2,100-square-foot plastic greenhouse as a therapy facility on a northwestern Connecticut farm was an impermissible expansion of a previous nonconforming land use, the state's highest court ruled Thursday, overturning the center's earlier appellate court victory in a zoning dispute.
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May 22, 2025
Florida AG Wants Block On Immigration Law Paused
The state of Florida told the Eleventh Circuit Wednesday that a block on a state law criminalizing the entry of unauthorized immigrants should be paused, arguing that the law's challengers are trying to "push precedent past its breaking point" and have no standing to enforce federal immigration law.
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May 22, 2025
As Trump Wields FCA, Whistleblowers May See 'Dollar Signs'
The Trump administration's plan to use the False Claims Act to target diversity programs and alleged civil rights fraud steers a well-worn statute into uncharted territory, and could spur significant whistleblower activity amid high-profile battles with Harvard University, BigLaw firms and other institutions, experts told Law360.
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May 22, 2025
Sutter Health's $228.5M Antitrust Deal Gets Initial OK
A California federal judge on Thursday preliminarily approved Sutter Health's $228.5 million deal settling a 13-year case over claims the hospital chain boosted costs by pushing all-or-nothing networks on insurers, saying that after a trial and a Ninth Circuit reversal, "it's nice that we didn't have to try this case twice."
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May 22, 2025
6th Circ. Backs 3 Convictions In Toledo Drug Trafficking Ring
The Sixth Circuit stood by the convictions and sentences of three men Ohio jurors said committed what the panel called "a host of federal crimes related to trafficking in cocaine, cocaine base, and fentanyl," finding no errors in the lower court's proceedings that would warrant vacatur or reversal.
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May 22, 2025
No COVID-19 Coverage For Hotel REIT, Texas Panel Affirms
A group of insurers has no obligation to cover an Austin, Texas-based real estate investment trust's pandemic-related losses, a state appellate court ruled Thursday, finding that a contamination exclusion in the REIT's policies unambiguously bars coverage.
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May 22, 2025
Trip-And-Fall Jury Mistake Was Harmless, Panel Rules
The Connecticut Appellate Court on Thursday upheld a trip-and-fall defendant's trial court win after the plaintiff claimed the jury had been given an incorrect draft copy of interrogatories that did not cover the full scope of the claims, finding that the error was "harmless."
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May 22, 2025
Justices Allow Trump To Fire NLRB, MSPB Members, For Now
The U.S. Supreme Court on Thursday ruled two fired members of the National Labor Relations Board and the Merit Systems Protection Board cannot return to work while they challenge President Donald Trump's authority to fire them without cause, handing the president a win in his crusade against a 90-year-old precedent limiting his power to fire employees at independent agencies.
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May 22, 2025
3rd Circ. Wary Standing Exists In Business School Fraud Suit
The Third Circuit on Thursday appeared skeptical that a former Rutgers University student could bring a proposed class action alleging the university inflated its full-time MBA program's rankings, questioning how he could have been injured if he wasn't enrolled in the program.
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May 22, 2025
Pa. House Rep Asks 3rd Circ. For Immunity In Robocall Suit
Counsel for a member of the Pennsylvania House of Representatives told the Third Circuit on Thursday that a federal judge was wrong to conclude the lawmaker was not immune from a Telephone Consumer Protection Act lawsuit over recorded phone messages he sent to constituents.
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May 22, 2025
Ga. Attys Win Fight Over Lien Fees In Personal Injury Suit
The Georgia Court of Appeals has upheld a nearly $500,000 attorney's lien order requiring a man to pay his former legal team attorney fees, finding Thursday that the attorneys had reasonable cause to withdraw from guiding him in a personal injury suit against Whole Foods after he rejected a $2 million settlement offer and the attorney-client relationship "deteriorated."
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May 22, 2025
Michigan Seeks 6th Circ. Rehearing In Enbridge Pipeline Row
Michigan Gov. Gretchen Whitmer has asked the full Sixth Circuit to find she is protected by sovereign immunity from an Enbridge Energy lawsuit to halt her efforts to shut down an oil and natural gas pipeline.
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May 22, 2025
BigLaw Firms Insist Trump Deals Are Legal, Don't Alter Values
Nine BigLaw firms including Skadden Arps Slate Meagher & Flom LLP, Latham & Watkins LLP and Kirkland & Ellis LLP have written to members of Congress defending controversial agreements they made with the Trump administration to avoid executive orders targeting the firms, according to letters obtained by Law360 on Thursday.
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May 22, 2025
Ill. Justices Say Wholesalers Had Notice In Cilantro Dispute
A cilantro distributor should be able to pursue contribution claims against two wholesalers that allegedly sold tainted cilantro responsible for an E. coli outbreak, as the wholesalers' participation in litigation over the product gave them actual notice of the issues, the Illinois Supreme Court determined on Thursday.
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May 22, 2025
5th Circ. Denies Challenge To La. Oversight Of Carbon Wells
A Fifth Circuit panel said several environmental groups failed to show any imminent injuries stemming from a U.S. Environmental Protection Agency decision to approve Louisiana's plan to oversee carbon sequestration wells, and dismissed their challenge for lack of standing.
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May 22, 2025
Split NJ High Court OKs Atty Keyword Search With Disclaimer
A split New Jersey Supreme Court ruled Thursday that attorneys in the state may buy the search results for other attorneys' names as keywords as long as they inform prospective clients about the practice in a decision resolving a years-long ethics dispute.
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May 22, 2025
9th Circ. Says Ex-Intel Worker's ERISA Suit Short On Specifics
The Ninth Circuit declined Thursday to reinstate a former Intel worker's suit claiming the company pushed employees' retirement savings into hedge and private equity funds that performed worse than traditional assets, ruling he failed to show that any investment vehicles with similar risk-mitigation strategies pulled better returns.
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May 22, 2025
2nd Circ. Won't Revive Court Interpreters' Pay Bias Suit
The Second Circuit on Thursday declined to reinstate a lawsuit from New York court interpreters alleging they are paid less than their federal counterparts because they are foreign born, saying the workers failed to show the state's court system acted with discriminatory intent.
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May 22, 2025
Mass. Justices Say Worker's Raise Doesn't Doom Bias Claim
Massachusetts' top court on Thursday found that an employer may still face a discrimination claim for an alleged retaliatory action for union activity, even if the move left the worker with a pay bump.
Expert Analysis
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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.
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Justices Likely To Issue Narrow Ruling In $1.3B Award Dispute
After last week's argument in Devas v. Antrix, the Supreme Court appears likely to reverse the holding that minimum contacts are required before a federal court may exercise personal jurisdiction over a foreign state and remand the case for further litigation on other important constitutional questions, say attorneys at Cleary.Â
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Pleading Rules At Stake In High Court Hamas Banking Case
While a case between victims of Hamas terrorist attacks and a Lebanese bank, recently argued before the U.S. Supreme Court, appears to ask a narrow question of which civil procedure rules apply to requests to reopen final judgments, how the justices rule could drastically change pleading strategies for future plaintiffs, say attorneys at Dorsey & Whitney.
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What's At Stake In High Court Transgender Care Suit
The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.
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Considerations As Trump Admin Continues To Curtail ÃÛÌÒÊÓÆµ
Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.
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6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'
The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.
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NCAA Rulings Signal Game Change For Athlete Classification
A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.
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Copyright Ruling Could Extend US Terminations Worldwide
If upheld on appeal, Vetter v. Resnik, a recent ruling from a Louisiana federal court, could extend the geographical scope of U.S. copyright termination rights to foreign territories, say attorneys at Manatt.
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Recent Cases Clarify FCA Kickback Pleading Standards
Two recently resolved cases involving pharmaceutical manufacturers may make it more difficult for False Claims Act defendants facing kickback scheme allegations to get claims dismissed for lack of evidence, say Li Yu at Bernstein Litowitz, Ellen London at London & Noar, and Gregg Shapiro at Gregg Shapiro Law.
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Bankruptcy Ruling Provides Guidance On 363 Asset Sales
HE v. Avadim Holdings, a recent ruling from the District of Delaware, underscores the principle that rejection of executory contracts does not unwind completed transfers of property and the importance of clear and precise language in sale orders and asset purchase agreements in bankruptcy cases, say attorneys at Eversheds Sutherland.
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FLSA Ruling Shows Split Over Court Approval Of Settlements
A Kentucky federal court's recent ruling in Bazemore v. Papa John's highlights a growing trend of courts finding they are not required, or even authorized, to approve private settlements releasing Fair Labor Standards Act claims, underscoring a jurisdictional split and open questions that practitioners need to grapple with, say attorneys at Vedder Price.
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Dewberry Ruling Is A Wakeup Call For Trademark Owners
The U.S. Supreme Court's decision in Dewberry v. Dewberry hones in on the question of how a defendant's affiliates' profits should be treated under the Lanham Act, and should remind trademark litigants and practitioners that issues involving monetary relief should be treated seriously, say attorneys at Finnegan.
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A Look At The Student Loan Case Pending At Supreme Court
The Trump administration is likely to drop the U.S. Supreme Court case of U.S. Department of Education v. Career Colleges and Schools of Texas after its review of the 2022 borrower defense to repayment rule, but any outcome will be significant for institutions participating in programs covered by Title IV of the Higher Education Act, say attorneys at Duane Morris.
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When Reincorporation Out Of Del. Isn't A Good Idea
While recent high-profile corporate moves out of Delaware have prompted discussion about the benefits of incorporation elsewhere, for many, remaining in the First State may be the right decision due to its deep body of business law, tradition of nonjury trials and other factors, say attorneys at Goodwin.