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Appellate
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June 04, 2025
Deportees Urge Justices To Keep 'Basic Measure Of Fairness'
A class of deportees who are being sent to countries where they have no prior ties asked the U.S. Supreme Court on Wednesday to leave in place a preliminary injunction requiring that they be provided a meaningful opportunity to challenge their destinations, calling it "a basic measure of fairness."
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June 04, 2025
Fed. Circ. Upholds Moderna's IP Win Over COVID Vax
A Delaware federal judge rightly interpreted claims of two Alnylam Pharmaceuticals Inc. patents, which means Moderna Inc.'s COVID-19 vaccine doesn't infringe them, the Federal Circuit said Wednesday.
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June 04, 2025
Calif. Justices Asked To Clarify Limits Of Good Faith Defense
A worker's counsel urged the California Supreme Court on Wednesday to find that employers must show they proactively took steps to ensure its pay practices complied with state requirements to establish a good faith defense against liquidated damages, while the employer's counsel declined to address the merits of the appeal.
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June 04, 2025
Epic Wins IP Award Interest Fight With Tata At 7th Circ.
The Seventh Circuit on Wednesday sided with Epic Systems and ordered a lower court to recalculate interest on a $140 million punitive damages award it won against Tata Group in an intellectual property case, saying interest ran from the first judgment in 2017 even though an amended version was entered five years later.
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June 04, 2025
Damages Retrial Ordered In NC Massage Envy Sex Assault Suit
A North Carolina state appeals court on Wednesday ordered a new trial on damages in a suit over alleged sexual assaults at a Massage Envy location, finding the jury was improperly instructed on joint and several liability.
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June 04, 2025
Mo. Appeals Court Upholds City Tax On REIT's Rental Income
Healthcare real estate investment trust Ventas Inc.'s receipt of rental income earned from four medical office buildings in Kansas City, Missouri, is a business activity subject to the city's earnings tax, the Missouri Court of Appeals ruled, affirming a lower court decision.
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June 04, 2025
6th Circ. Pick Quizzed On Experience, Ties To Conservatives
The first batch of judicial nominees of President Donald Trump's second administration had their hearing before the Senate Judiciary Committee on Wednesday, during which a Sixth Circuit nominee fielded questions about litigants' obligation to follow court orders and her connection to Leonard Leo-affiliated groups following Trump bashing the former Federalist Society executive.
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June 04, 2025
NJ Judge Suspended Over Pro-Police 'Likes' On Facebook
A New Jersey municipal court judge was hit with a two-month suspension without pay beginning Wednesday after an advisory committee took issue with his Facebook activity indicating support for pro-police movements, political candidates, individual lawyers and law firms.
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June 04, 2025
Fed. Circ. Won't Revive $15M Patent Verdict Against Google
The Federal Circuit on Wednesday shot down an audio programming patent owner's request to undo a Delaware federal judge's ruling that threw out a $15.1 million jury verdict against Google.
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June 04, 2025
Conn. High Court Rules Atty, Ex's Alimony Deal Ambiguous
The ex-wife of a Shook Hardy & Bacon LLP managing partner will get another shot at additional alimony and child support after the Connecticut Supreme Court ruled Wednesday that the divorce agreement isn't clear about how his bonuses and profit share earnings impact her payout.
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June 04, 2025
Vape Cos. Urge 5th Circ. To Toss FDA Vape Marketing Rule
A group of small e-cigarette companies is asking the Fifth Circuit to revive their suit challenging the U.S. Food and Drug Administration's rule for premarket authorization of new tobacco products, saying the FDA failed to account for how the rule would affect small businesses.
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June 04, 2025
Chip Trade Secret Conviction Specific Enough, 1st Circ. Hints
The First Circuit on Wednesday appeared skeptical of arguments that jurors who convicted a former Analog Devices Inc. engineer of possessing trade secrets improperly glossed over the difference between what was described in the indictment and what was actually found during a search of his electronic devices.
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June 04, 2025
Ohio Justice Questions School Board's Tax Appeal Claim
An Ohio justice criticized a school board's claim that state law allows it to appeal administrative property valuation rulings to county courts when the board doesn't own the property at issue.
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June 04, 2025
Donlin Gold Says Vacatur Not Warranted In Alaska Mine Case
A recent U.S. Supreme Court decision confirms that government approvals for a large gold mine in Alaska should not be thrown out even if an agency botched some aspects of an environmental review, the company behind the project told a federal judge.
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June 03, 2025
5th Circ. Weighs Constitutionality Of Banking In-House Courts
A Fifth Circuit panel Tuesday heard a trio of cases contesting federal banking regulators' use of in-house proceedings to impose penalties, signaling interest in potential jurisdictional bars to such challenges but offering few clear clues about how it might rule.
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June 03, 2025
9th Circ. Skeptical Tribe Can Circumvent DOI For Recognition
A Ninth Circuit panel appeared skeptical Tuesday of the Chinook Indian Nation's bid to revive its suit seeking a declaration that it's a federally recognized tribe, with all three judges doubting whether federal courts can make a determination usually made by the U.S. Department of the Interior.
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June 03, 2025
Fla. Taking Halt Of Teen Social Media Law To 11th Circ.
A Florida federal judge on Tuesday blocked the state from enforcing a new law that would ban children 13 and under and restrict 14- and 15-year-olds from social media after finding the measure is likely unconstitutional, prompting the state's attorney general to immediately appeal the ruling to the Eleventh Circuit.
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June 03, 2025
Google Taps Ex-SG, Munger Tolles Partner For Monopoly Fight
Google has hired former U.S. Solicitor General and prominent U.S. Supreme Court attorney and Munger Tolles & Olson LLP partner Donald B. Verrilli Jr. to represent it in high-profile litigation accusing the tech giant of monopolizing the online search market, according to a notice filed in District of Columbia federal court Tuesday.
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June 03, 2025
6th Circ. Backs OSU In Diver's Sexual Abuse Claims
A woman who was sexually abused by her diving coach while a teenager on the Ohio State University diving club can't sue the school, the Sixth Circuit ruled Monday, saying she filed her lawsuit too late because the statute of limitation on Title IX claims in Ohio is just two years.
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June 03, 2025
Prosecutors Take Second Stab At Convicting Dallas Developer
Federal prosecutors started a second run at convicting a Dallas real estate developer of bribing two city council members, telling a jury during opening arguments Tuesday that the developer had a "silent partnership" with elected officials in exchange for favors.
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June 03, 2025
9th Circ. Skeptical About Nixing Wash. Bias Enforcement Ban
The Ninth Circuit on Tuesday appeared hesitant to grant Washington state's bid to wipe out an injunction that bars it from enforcing state anti-discrimination law against a Christian employer that wants to hire co-religionists, but the judges signaled a willingness to depart from the trial court's rationale.
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June 03, 2025
Allstate Urges Ga. Panel To Undo Dismissal Sanction
Allstate Fire And Casualty Insurance Co. urged the Georgia Court of Appeals to overturn a trial court's decision to sanction it by tossing its lawsuit over a liability policy issued to the owner of a car involved in a fatal accident.
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June 03, 2025
4th Circ. Revives Immigration Judges' Free Speech Suit
The Fourth Circuit on Tuesday sent a free speech lawsuit brought by immigration judges back to district court, reasoning a lower court judge must first determine if a federal law is working as intended with respect to claims that might otherwise be handled administratively.
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June 03, 2025
9th Circ. Gives Crypto Victims Chance At Greater Recovery
A Ninth Circuit panel found that a California federal court can reopen the restitution phase of a criminal crypto extortion case post-sentencing after the victims said they lost out on millions of dollars in recovery due to a miscommunication among government offices.
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June 03, 2025
6th Circ. Denies PBMs' Privilege Claim In Opioid MDL
A Sixth Circuit panel on Tuesday denied a petition from Cigna's Express Scripts and UnitedHealth's Optum seeking to reverse discovery orders allowing certain personnel files and internal communications into the multidistrict opioid litigation, finding that the two pharmacy benefit managers failed to show extraordinary abuses justifying relief.
Expert Analysis
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Justices' Labcorp Questions Explore Class Cert. Tensions
At the recent oral argument before the U.S. Supreme Court in Laboratory Corporation of America Holdings v. Davis, the justices' questioning highlighted a fundamental tension between constitutional standing requirements, the procedural framework of Rule 23, and the practical challenges of managing large, diverse classes in complex litigation, say attorneys at Winston & Strawn.
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Immunity Waiver Ruling A Setback For Ch. 7 Trustees
While governmental units should welcome the U.S. Supreme Court's recent decision in U.S. v. Miller restricting the reach of the Bankruptcy Code's sovereign immunity waiver, Chapter 7 trustees now have a limited ability to maximize bankruptcy estates, says Dan Prieto at Jones Day.
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Wash. Justices' Moonlight Ruling Should Caution Employers
The Washington Supreme Court's recent decision in David v. Freedom Vans, which limited when employers can restrict low-wage workers from moonlighting, underscores the need for employers to narrowly tailor restrictive covenants, ensuring that they are reasonable and allow for workforce mobility, say attorneys at Perkins Coie.
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What To Watch For As High Court Mulls NRC's Powers
If successful, Texas’ challenges to the U.S. Nuclear Regulatory Commission’s authority — recently heard by the U.S. Supreme Court and currently pending before a Texas federal court — may have serious adverse consequences for aspiring NRC licensees, including potential nuclear power plant operators, say attorneys at Haynes Boone.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Calif. Smoke Claim Ruling Gives Insurers Support On Denials
Far from being an outlier among ash, soot and smoke coverage cases, a California appellate court's recent opinion in Gharibian v. Wawanesa General Insurance reinforces the principle that policyholders must establish entitlement to coverage as a threshold matter, while supporting denials of coverage for meritless claims, says Kyle Espinola at Zelle.
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Cos. Face Enviro Justice Tug-Of-War Between States, Feds
The second Trump administration's sweeping elimination of environmental justice policies, programs and funding, and targeting of state-level EJ initiatives, creates difficult questions for companies on how best to avoid friction with federal policy, navigate state compliance obligations and maintain important stakeholder relationships with communities, say attorneys at Arnold & Porter.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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5th Circ. Ruling Is Latest Signal Of Shaky Qui Tam Landscape
In his recent concurring opinion in U.S. v. Peripheral Vascular Associates, a Fifth Circuit judge joined a growing list of jurists suggesting that the False Claims Act's whistleblower provisions are unconstitutional, underscoring that acceptance of qui tam relators can no longer be taken for granted, say attorneys at Miller & Chevalier.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Tracking The Evolution Of Liability Management Exercises
As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.
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Navigating Florida's Bad Faith Reforms After Appellate Ruling
A Florida appellate court's recent decision is among the first to interpret two significant amendments to the state's insurance bad faith law, and its holding that one of the statutes could not apply retroactively may affect insurers' interpretation of the other statute, say attorneys at Cozen O'Connor.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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A New Tool For Assessing Kickback Risks In Health Marketing
The Seventh Circuit's recent decision in U.S. v. Sorensen, reversing a conviction after trial of a durable medical equipment distributor, highlights two principle considerations for determining whether payments to marketers in healthcare are unlawful under the Anti-Kickback Statute, says Elisha Kobre at Sheppard Mullin.