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Appellate
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September 23, 2025
Minnesota's Deepfake Crackdown Foreshadows Legal Clashes
Minnesota's law cracking down on deepfake videos aimed at influencing elections has drawn separate court challenges to stop its enforcement, including one by X Corp., offering a glimpse into the hurdles other states and Congress may face as they address the proliferation of digital replicas created with artificial intelligence.
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September 23, 2025
NJ Justices Won't Hear Challenge To State Bar Diversity Plan
The New Jersey Supreme Court has allowed to stand an appellate decision approving a New Jersey State Bar Association system for fostering diversity in its leadership, which a state attorney accused of being a discriminatory quota system.
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September 23, 2025
Chemours Asks 4th Circ. To Toss Ohio River Pollution Order
Chemours told the Fourth Circuit a West Virginia federal judge botched the law and the science about the risks a forever chemical poses when he ordered its Washington Works facility to stop discharging permit-exceeding amounts of the substance into the Ohio River.
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September 23, 2025
Westlaw Notes Uncopyrightable, AI Company Tells 3rd Circ.
An artificial intelligence-powered legal search engine has asked the Third Circuit to reverse a district court's decision that its use of Westlaw headnotes did not constitute fair use, arguing its utilization of them "radically promoted scientific progress" and increased access to justice.
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September 23, 2025
Ga. Panel Says Kemp Doesn't Have To Probe Election Board
The Georgia Court of Appeals on Tuesday said a trial court rightly dismissed a suit that sought to force the state's governor to hold a hearing on ethics charges brought against three Republican members of the State Election Board.
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September 23, 2025
UBS Settles Long Tax Dispute With France For An €835M Fine
UBS has resolved its long-running tax dispute with France over cross-border transactions, agreeing to pay a fine of €835 million ($985 million), the company said Tuesday.
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September 22, 2025
Colo. Justices Unsure How To Interpret Open Records Law
Colorado Supreme Court justices grilled an attorney representing the state Monday about how its interpretation of Colorado's open records laws actually protects the identity of children, and whether its reading of the statute isn't overly broad.
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September 22, 2025
2nd Circ. Undoes $25M Restitution In Horse-Doping Case
A veterinarian convicted of conspiracy in a sprawling horse-doping scheme has escaped $25 million in restitution and is also off the hook for the $10.3 million forfeiture of funds tied to the sale of undetectable, performance-enhancement drugs, the Second Circuit said Monday.
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September 22, 2025
T-Mobile, Sprint Push DC Circ. To Revisit $92M FCC Fines
T-Mobile and Sprint are asking the full D.C. Circuit to review a $92 million fine from the Federal Communications Commission over their sale of sensitive user location data with third-party companies, asking for an en banc rehearing of their challenge after a three-judge panel unanimously affirmed the penalty last month.
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September 22, 2025
Freight Broker, Widow Tell 4th Circ. To Note Preempted Claims
Echo Global Logistics Inc. and a widow suing the freight broker over a 2022 South Carolina trucking accident have called the Fourth Circuit's attention to recent appellate decisions that have further divided courts considering whether freight brokers can be held liable for allegedly negligently picking motor carriers.
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September 22, 2025
Conn. Man Who Murdered Ex-Girlfriend Can't Blame Emotions
A man sentenced to 70 years in prison for murdering his ex-girlfriend in front of her 12-year-old son wasn't extremely emotionally disturbed, the Connecticut Supreme Court has found, affirming a trial court's decision preventing a jury from finding him guilty of a lesser charge on that basis.
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September 22, 2025
Justices Urged To Narrow Liability Defense In GEO Wage Row
Public Citizen urged the U.S. Supreme Court on Monday to rein in lower courts' interpretation of the 85-year-old Yearsley ruling, arguing it doesn't provide government contractors sovereign immunity derived from the government.
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September 22, 2025
DC Circ. Mulls International Media Funding, Firings
The D.C. Circuit is set to decide whether or not to allow the Trump administration to continue dismantling the agency that oversees state news broadcaster Voice of America after hearing consolidated arguments Monday morning in a quartet of cases challenging the shutdown.
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September 22, 2025
DOJ Urges 7th Circ. To Affirm Strike Of Ill. Assault Rifle Ban
The Department of Justice's civil rights chief told a Seventh Circuit panel on Monday that an Illinois law banning assault weapons and high capacity magazines is unconstitutional and that the appellate court set an "inaccurate standard" when it denied an earlier bid to block the law's enforcement.
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September 22, 2025
5th Circ.'s 340B Ruling 'Limited,' Pharma Cos. Tell 4th Circ.
The Fifth Circuit's recent refusal to block a Mississippi law regulating the delivery of discounted drugs to rural providers can't be wielded by West Virginia in its battle over the law's constitutionality because of the distinctions between the two state laws, a coalition of pharmaceutical companies told the Fourth Circuit.
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September 22, 2025
Ga. College Can't Slip $240K Loss For Athletic Conference Exit
A rural Georgia college will be forced to pay $240,000 in damages to the athletic conference it left several years ago after the Georgia Court of Appeals backed the conference Monday in a dispute over whether their contract's fee provision was enforceable.
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September 22, 2025
J&J Ruling Misapplied Goldman Precedent, 3rd Circ. Told
The U.S. Chamber of Commerce and other business organizations are supporting Johnson & Johnson's call for the full Third Circuit to reconsider a ruling that the groups argue could "saddle" companies with investor class-action suits through the misapplication of a recent U.S. Supreme Court ruling.
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September 22, 2025
Newman Urges Full DC Circ. To Let Judges Sue Their Courts
U.S. Circuit Judge Pauline Newman has invoked a D.C. Circuit panel's "implicit invitation" for the full court to reconsider precedent limiting the rights of disciplined judges, as she continues to fight her suspension.
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September 22, 2025
Catching Up With Delaware's Chancery Court
Last week, Match.com secured approval for a $30M settlement over its 2019 reverse spinoff from IAC, and Vice Chancellor Morgan T. Zurn urged decorum among Delaware lawyers, comparing recent legal turmoil to dark times in British monarchy history. Here's the latest from the Chancery Court.
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September 22, 2025
Tech Groups Ask To Maintain Block On Fla. Social Media Law
Tech industry organizations and civil rights groups threw their support behind two groups challenging a Florida law banning children 13 and under from social media, telling the Eleventh Circuit the law is an unconstitutional regulation of speech.
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September 22, 2025
Experian Asks 4th Circ. To Reverse Arb. Ruling In FCRA Suit
Consumer reporting agency Experian has asked the Fourth Circuit to overturn a lower court's decision concerning the arbitration of a lawsuit brought by a consumer falsely reported as dead, saying the judge was wrong not to enforce clauses in the consumer's agreement that delegated such decisions to an arbitrator.
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September 22, 2025
Fla. Panel Reinstates Norfolk Southern Cancer Death Suit
A Florida state appeals panel has reinstated a woman's suit against Norfolk Southern Railway Co. alleging it was negligent in causing her husband to develop leukemia from exposure to diesel exhaust, finding that the trial court wrongly excluded her expert.
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September 22, 2025
Split Pa. Panel Clarifies Limits Of Vehicle Search Consent
A split Pennsylvania Superior Court panel held in a precedential ruling that a defendant asking a police officer to search his vehicle for his phone and keys does not give law enforcement permission to rummage through bags and other items in the car.
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September 22, 2025
Ohio Court Grants New Murder Trial Due To Race Bias Worry
A Black man sentenced to more than 37 years for murder and other charges is owed a new trial, an Ohio appeals court found, because his attorney should have been able to question potential jurors regarding racial bias regardless of the fact that the victim was also Black.
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September 22, 2025
Porsche Crash Suit Isn't Double Recovery, Conn. Justices Told
A Porsche driver who suffered property damage losses after another man struck him wouldn't score a double recovery if allowed to challenge Nationwide, his own insurer, for separately pursuing the driver allegedly at fault, the Connecticut Supreme Court heard Monday.
Expert Analysis
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2nd Circ. Reinforces Consensus On Vacating Foreign Awards
In Molecular Dynamics v. Spectrum Dynamics Medical, the Second Circuit recently affirmed that federal district courts do not possess subject matter jurisdiction to vacate foreign arbitral awards, strengthening this consensus across the circuits most active in recognition and enforcement actions, says Ed Mullins at Reed Smith.
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What Dismissal Rulings May Mean For ERISA Forfeiture Cases
Following an influx of Employee Retirement Income Security Act class actions challenging the long-standing practice of plan sponsors using plan forfeitures to offset employer contributions, recent motion to dismiss rulings and a U.S. Department of Labor amicus brief may encourage more courts to reject plaintiffs' forfeiture theories, say attorneys at Mayer Brown.
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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.