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Appellate
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June 09, 2025
Senate Confirms Brett Shumate To Head DOJ Civil Division
The Senate voted 51-41 along party lines on Monday evening to confirm Brett Shumate to be assistant attorney general for the Civil Division of the U.S. Department of Justice.
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June 09, 2025
Patent Suit Against Sirius XM Gets 2nd Fed. Circ. Reprieve
The Federal Circuit on Monday revived a patent case against satellite radio company Sirius XM for a second time, reversing a lower court's ruling that a German research foundation's five-year delay in alleging infringement meant it was prohibited from pursuing the case.
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June 09, 2025
Veteran Appeals VA Discontinuation Of Trans Health Coverage
A transgender woman urged a veterans appeals court Monday to find that the Veterans Health Administration is wrongly refusing to refill her prescriptions for hormone therapy following a federal notice discontinuing gender-affirming care for veterans.
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June 09, 2025
8th Circ. Affirms Travelers Doesn't Owe $1.4M For Wall Failure
A Missouri property developer can't recover from Travelers $1.4 million for lost rental income and soft costs after a retaining wall failure caused delays at an apartment construction project, the Eighth Circuit ruled Monday.
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June 09, 2025
6th Circ. Urged To Revive Suit Over Student Loan Freeze
A Michigan think tank has urged the Sixth Circuit to revive its challenge to a Biden-era student loan forgiveness program during the COVID-19 pandemic, telling the appellate court that a district judge was wrong to find it didn't have standing. Â
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June 09, 2025
3rd Circ. Rejects Ralph Lauren's COVID-19 Coverage Appeal
The Third Circuit on Monday rejected a consolidated appeal from Ralph Lauren Corp. and luggage retailers Tumi Inc. and Samsonite LLC over property insurance coverage for COVID-19-related losses, finding a New Jersey Supreme Court decision from January 2024 wholly settled the matter.
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June 09, 2025
Philly Cut From American Airlines Suit After Contrary Takes
The city of Philadelphia was incorrectly kept in a slip-and-fall suit against it and American Airlines, the result of a tangled web of claims and cross-claims that saw two judges making contrary rulings in violation of court rules meant to keep members of the bench from overruling each other, a state appellate court ruled Monday.
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June 09, 2025
2nd Circ. Says Ecuadoran Can Be Extradited For Possible Rape
The Second Circuit ruled Monday that a New York federal judge rightly allowed for the extradition of an Ecuadoran man charged with sexual abuse in his home country, rejecting his argument that he hasn't been accused of an extraditable offense.
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June 09, 2025
Edwards Can't Get Fed. Circ. To Overrule PTAB Amendments
The Patent Trial and Appeal Board rightly held that amended claims of a Cardiovalve Ltd. heart valve implant aren't invalid, the Federal Circuit affirmed Monday.
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June 09, 2025
Businesses Warn Fed. Circ. Against Pausing Block On Tariffs
Thousands of businesses will suffer "irreparable harm" if the Federal Circuit halts the U.S. Court of International Trade's order that struck down President Donald Trump's global tariffs, a wine importer told the appellate court, urging against a long-term pause.
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June 09, 2025
Textron Can't Sidestep Plane Crash Case, NC Panel Told
The owner of a private plane that went down after its cables snapped during takeoff has told North Carolina's intermediate appeals court not to let Textron Inc. duck its products liability lawsuit, saying the conglomerate can be pulled into litigation in the Tar Heel State because it has done business there for decades.
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June 09, 2025
Justices Urged To Keep Pause On 'Breakneck' Gov't Overhaul
The U.S. Supreme Court should leave in place a California federal judge's order barring implementation of layoffs and reorganizations at various federal departments and agencies, several unions and nonprofits argued Monday, claiming a decision allowing the changes would irreversibly harm the federal government and render Congress and the judiciary powerless.
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June 09, 2025
Parker-Hannifin Urges Justices To Turn 6th Circ. ERISA Ruling
Parker-Hannifin Corp. urged the U.S. Supreme Court on Monday to reverse the Sixth Circuit's decision to revive investment mismanagement allegations against the company from employee 401(k) participants, arguing a circuit split had deepened since the company first petitioned for review of the case.
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June 09, 2025
Vice Chancellor Wants Clarity On Del. Corporate Law Change
Citing "an important and urgent" need, a Delaware vice chancellor has asked the state supreme court to rule on the constitutionality of recent corporate law amendments providing conflicted directors or controlling investors expanded "safe harbor" liability shields for contested actions.
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June 09, 2025
2nd Circ. Nixes Doc's Power Of Atty Deal In Patient ERISA Suit
The Second Circuit ruled Monday that a doctor couldn't use a power-of-attorney arrangement to sue on behalf of a patient who said their union's health plan illegally stuck them with a $150,000 medical bill, but directed a trial court to determine if the patient can pursue the case.
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June 09, 2025
NJ Bar Pushes To Keep Limit On Nonclient Malpractice Claims
The New Jersey State Bar Association is asking that state's Supreme Court not to expand plaintiffs' ability to sue attorneys for malpractice when they weren't those lawyers' clients, according to a Monday announcement.
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June 09, 2025
Sales Executive's Commissions Were Wages, NJ Panel Rules
A New Jersey trial court made a mistake when it ruled that commissions are not wages, a state appeals panel said Monday, reviving a sales executive's wage and hour suit against a technology services company.
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June 09, 2025
9th Circ. Awaits Justices' Ruling On Birthright Citizenship
A Ninth Circuit panel has elected to hold off on deciding whether to affirm a Washington federal court order blocking the Trump administration from limiting birthright citizenship until the U.S. Supreme Court rules on the matter.
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June 09, 2025
Mich. Justices To Weigh Liability In Senior's Parking Lot Fall
The Michigan Supreme Court will consider an appeal application from a woman who argues that a property management company and a concrete contractor are liable for her injuries from tripping over a trench in the parking lot of her senior living facility.
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June 09, 2025
Pro Bono Civil Counsel Not A Guarantee, 7th Circ. Rules
In a precedential ruling, the Seventh Circuit has found that a federal court in Peoria, Illinois, did not err when it ended the search for a pro bono attorney to represent a prisoner in a civil rights suit over medical care provided behind bars because it could not find willing counsel.
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June 08, 2025
11th Circ. Denies Fla. AG's Bid To Unpause Immigration Law
The Eleventh Circuit on Friday denied Florida Attorney General James Uthmeier's bid to lift a block on a state law criminalizing the entry of unauthorized immigrants into the state, finding that Florida had failed to make a strong showing that it would fend off a challenge to the law.
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June 06, 2025
3rd Circ. Partially Undoes Chipotle's Change-Shorting Suit Win
The Third Circuit on Friday declined to fully undo Chipotle's win against a proposed class action that alleged it shortchanged customers during a COVID-19 pandemic coin shortage in 2020, reversing a lower court's determination that a Pennsylvania man waived a breach of contract claim by accepting his change without coins.
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June 06, 2025
High Court Says Software Glitch Led To Early Order List Drop
An "apparent software malfunction" caused the U.S. Supreme Court's order list to be issued early Friday, orders in which the justices granted certiorari in four cases and refused to take up a long list of other ones, including cases centered on Pennsylvania's election system and the Obama Presidential Center.
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June 06, 2025
Split DC Circ. Reinstates AP's White House Press Pool Ban
A split D.C. Circuit panel reinstated the White House's decision to ban the Associated Press from the press pool covering the Oval Office, Air Force One and Mar-a-Lago on Friday, while a dissenting judge criticized her colleagues' rationale as being nonsensical and upending longstanding First Amendment precedent and generations of tradition.
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June 06, 2025
Justices Won't Hear Obama Center Site Selection Complaints
The U.S. Supreme Court on Friday declined to consider claims that federal agencies failed to complete a full environmental review of plans to construct the Obama Presidential Center in Chicago's Jackson Park neighborhood.
Expert Analysis
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Corp. Transparency Act's Future Under Treasury's Bessent
The Corporate Transparency Act’s ultimate fate faced uncertain terms at the end of 2024, but new U.S. Department of the Treasury Secretary Scott Bessent's statements and actions so far demonstrate that he does not intend to ignore the law, though he may attempt to make modifications, say attorneys at Taylor English.
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Serta Ruling Further Narrows Equitable Mootness In 5th Circ.
The Fifth's Circuit recent Serta bankruptcy decision represents a further hardening of its view of the equitable mootness doctrine, and may set up a U.S. Supreme Court review of the doctrine in the near future, say attorneys at Cleary.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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Takeaways From Oral Argument In High Court Trademark Case
Unpacking oral arguments from Dewberry Group v. Dewberry Engineers, which the U.S. Supreme Court is expected to rule on this year, sheds light on the ways in which the decision could significantly affect trademark infringement plaintiffs' ability to receive monetary damages, say attorneys at Buchanan Ingersoll.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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4 Potential Effects Of 3rd Circ.'s Coinbase Ruling
The Third Circuit's recent landmark decision in Coinbase v. U.S. Securities and Exchange Commission that the SEC's refusal to engage in rulemaking to clarify its stance on crypto enforcement was "insufficiently reasoned" could have wide-ranging impacts, including on other cases, legislation and even the SEC's reputation itself, says Daniel Payne at Cole-Frieman.
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Disability Ruling Guides On Cases With Uncertain Causation
In Dime v. MetLife, a Washington federal court’s recent ruling in favor of a disability claimant instructs both claimants and insurers on the appropriate standard for establishing and making a disability determination when there is limited medical evidence explaining the disability’s cause, says Mark DeBofsky at DeBofsky Law.
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National Bank Act Rulings Facilitate More Preemption Analysis
Two recent National Bank Act preemption decisions from an Illinois federal court and the Ninth Circuit provide the first applications of the U.S. Supreme Court’s May ruling in Cantero v. Bank of America, opening the potential for several circuit courts to address the issue this year, say attorneys at Moore & Van Allen.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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Opinion
New DOJ Leaders Should Curb Ill-Conceived Prosecutions
First-of-their-kind cases have seemingly led to a string of overly aggressive prosecutions in recent years, so newly sworn-in leaders of the U.S. Department of Justice should consider creating reporting channels to stop unwise prosecutions before they snowball, says Jonathan Porter at Husch Blackwell.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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What Justices' FLSA Ruling Means For 2-Step Collective Cert.
The U.S. Supreme Court's recent decision in EMD Sales v. Carrera may have sounded the death knell for the decades-old two-step process to certify collective actions under the Fair Labor Standards Act, which could lead more circuits to require a preponderance of the evidence showing that members are similarly situated, says Steven Katz at Constangy.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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SEC Motion Response Could Reveal New Crypto Approach
Cumberland DRW recently filed to dismiss the U.S. Securities and Exchange Commission’s enforcement action against it for the unlawful purchase and sale of digital asset securities, and the agency's response should unveil whether, and to what extent, the Trump administration will relax the federal government’s stance on digital asset regulation, say attorneys at O'Melveny.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.