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Appellate
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May 29, 2025
Calif. Justices Propose Tweaking Rules For Bar Examiners
The California Supreme Court has proposed changes to the administration of the state's troubled bar exam, circulating a slate of amendments designed to clarify the role of the Committee of Bar Examiners, including spelling out its duty to review and approve all questions used in the exam.
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May 29, 2025
DOJ Sidelines ABA From Vetting Trump's Judicial Picks
The Justice Department plans to direct judicial nominees away from a long-standing vetting process by the American Bar Association, labeling it an "activist organization," according to a Thursday letter by Attorney General Pamela Bondi.
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May 29, 2025
Judge Can't Buy Military Service Credits, NJ Panel Says
A New Jersey appellate panel Thursday backed the state pension board's determination that a workers' compensation judge can't buy 36 months of service credits based on his prior military service, ruling that the statute governing his pension does not allow for such a purchase.
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May 29, 2025
Ga. Justices Nix Reprimand For Solicitor General Over Theft
The Georgia Supreme Court has rejected former Hall County Solicitor General Stephanie Woodard's bid to receive a public reprimand after she pled guilty to stealing taxpayer dollars, finding that the suggested discipline is not enough.
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May 29, 2025
NJ Appeals Court Closes Anti-SLAPP Loophole
A New Jersey appeals court on Thursday reversed the dismissal of a Jewish newspaper's bid for counsel fees under the Garden State's Anti-SLAPP law in a suit over its circulation of a divorce flyer, ruling that a defendant can seek such fees under the law even if a plaintiff voluntarily dismisses their suit.
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May 29, 2025
Lindberg Can't Skirt $122M Contempt Order, NC Panel Told
Insurance companies that convicted billionaire Greg Lindberg allegedly bled dry told the North Carolina Court of Appeals not to let him duck a $122 million contempt order, saying he didn't even show up for the hearing and has done nothing since to purge his contempt.
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May 29, 2025
Split 5th Circ. OKs Acting NLRB GC's Drop Of Teamsters Case
A divided Fifth Circuit panel again blessed the National Labor Relations Board's order that supported a former acting general counsel's withdrawal of an unfair labor practice complaint against two Teamsters locals, analyzing the dispute on remand from the U.S. Supreme Court.
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May 29, 2025
High Court Pauses 5th Circ.'s Highland Ch. 11 Liability Ruling
The U.S. Supreme Court on Thursday allowed bankrupt hedge fund Highland Capital to continue shielding certain key parties in its Chapter 11 case from liability while the debtor appeals a Fifth Circuit decision striking down those protections.
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May 30, 2025
CORRECTED: Pa. Justices Keep Block On Voting Machine Data-Sharing
Pennsylvania's Supreme Court left intact a lower court's ruling that blocked a county from sharing data it gleaned from unauthorized third-party inspections of its voting machines after the 2020 election. Correction: An earlier version of this story misstated which Commonwealth Court order was affirmed. The error has been corrected.
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May 29, 2025
Fla. Panel Affirms Atty Conflict DQ In Construction Dispute
In a one-word opinion, Florida's Third District Court of Appeal affirmed a trial court's decision to disqualify a plaintiff's attorney in a long-running construction ownership dispute after finding he briefly represented the defendant's surety company in a related matter.
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May 29, 2025
High Court Restores Federal Approval Of Utah Oil Railway
The U.S. Supreme Court on Thursday upheld the federal government's approval of a rail project intended to haul crude oil out of Utah's Uinta Basin.
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May 29, 2025
ICE Lost Benefit Of The Doubt In SEVIS Fights, Attys Say
The Trump administration's inability to explain why numerous foreign students' visa records were terminated has landed the federal government multiple losses in courtrooms across the country, with federal judges unwilling to presume the government had a good reason for the cancellations.
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May 28, 2025
LADS Copyright Registration Error Revives Suit Against Agilis
The Eighth Circuit on Wednesday revived LADS Network Solutions Inc.'s lawsuit accusing Agilis Systems LLC of infringing its copyrighted software, saying there is a "genuine dispute" on whether inaccurate information in LADS copyright registration makes it invalid.
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May 28, 2025
Brookfield Wins Bid To Vacate Lima's Document Application
A New York federal judge has nixed discovery orders against global investment manager Brookfield sought by the Peruvian city of Lima as the city fights arbitral awards worth about $200 million based on alleged corruption, ruling the city can't prove it is an aggrieved party.
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May 28, 2025
5-Hour Energy Price Discrimination Suit Falls Short Again
A California federal judge ruled Wednesday that family-owned wholesalers proved competition with Costco in their price-discrimination suit against the maker of 5-Hour Energy and that the energy "shot" company offered Costco disproportionate promotions, but the wholesalers did not prove that this discrimination caused them antitrust injury.
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May 28, 2025
Del. Justices Won't Revive Raytheon Incentive Plan Suit
Delaware's highest court on Wednesday declined to revive a derivative suit accusing Raytheon Technologies Corp. directors of wrongly allowing a special committee to change an employee pension plan without stockholder approval, citing no support for alleged bylaw breaches or need for a stockholder vote.
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May 28, 2025
Pulitzer Board Can't Pause Trump Defamation Suit In Florida
A Florida state appellate court on Wednesday denied a bid by the Pulitzer Prize Board to pause a defamation lawsuit brought by Donald Trump after claiming the litigation would interfere with his presidential duties, ruling that temporarily halting the case is "solely in his prerogative."
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May 28, 2025
Justices Told Del. Expert Law Doesn't Apply In Federal Court
A retired attorney who claims he was negligently injured by healthcare providers urged the U.S. Supreme Court on Tuesday to hold that a Delaware federal court need not apply a state statute requiring an expert affidavit for all medical malpractice suits.
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May 28, 2025
Highland Wants High Court To Preserve Ch. 11 Liability Shield
Defunct hedge fund Highland Capital Management has asked the U.S. Supreme Court to keep its Chapter 11 plan in place while it appeals a reversal from the U.S. Court of Appeals for the Fifth Circuit, saying it needs to keep its fiduciaries protected lest its former CEO mire them in litigation.
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May 28, 2025
1st Circ. Revives Hedge Fund Priest's SEC Fee Bid
A Greek Orthodox priest and hedge fund founder who partially defeated an SEC suit at trial will have his request the agency pay his attorney fees reconsidered following a First Circuit ruling that a lower court should consider the gap between the SEC's requested relief and the relief it obtained.
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May 28, 2025
NRC Has No Defense For New License Rules, DC Circ. Told
Two anti-nuclear power groups are contending before the D.C. Circuit that the U.S. Nuclear Regulatory Commission is offering inconsistent arguments in defense of updated regulations for renewing nuclear power plant operating licenses.
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May 28, 2025
Ga. Justices Uphold $1.75M Award, Despite Ex Parte Emails
The Georgia Supreme Court has upheld a $1.75 million arbitration award in a dispute between a medical provider and its contractor, finding the provider was not prejudiced by the contractor's ex parte communications with an arbitrator.
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May 28, 2025
Feds Tell Justices 9th Circ. Wrongly OK'd CWA Citizen Suit
The federal government is urging the U.S. Supreme Court to sink an environmental group's Clean Water Act citizen suit seeking to enforce the terms of a Washington state-issued pollutant-discharge permit that is stricter than the law requires.
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May 28, 2025
5 Federal Circuit Clashes To Watch In June
The Federal Circuit will hear cases in June that include an attempt to revive and expand a discarded $64 million trade secrets judgment against Goodyear, and a dispute between drugmakers Acorda and Alkermes that asks when licensees who pay royalties on expired patents can get a refund in arbitration.
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May 28, 2025
Regeneron Urges Judge In FCA Kickback Suit To Set Trial Date
Regeneron Pharmaceuticals Inc. on Wednesday pressed a Massachusetts federal judge to ready a long-running False Claims Act suit for a jury and reject the government's second bid for a pretrial win under a different legal theory following a First Circuit setback.
Expert Analysis
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.
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High Court Water Permit Ruling Lacks Specificity
The enforcement impact of the U.S. Supreme Court’s recent decision in San Francisco v. U.S. Environmental Protection Agency may not be significant, because while the ruling makes clear that certain water permit provisions must instruct permittees on how to achieve stated goals, it doesn’t clarify the level of necessary instruction, says Daniel Deeb at ArentFox Schiff.
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The Central Issues Facing Fed. Circ. In Patent Damages Case
The en banc Federal Circuit's pending review of EcoFactor v. Google could reshape how expert damages opinions are argued, and could have ripple effects that limit jury awards, say attorneys at McAndrews Held.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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How Fed. Circ. Ruling Complicates Patent Infringement Cases
The Federal Circuit's decision last month in Kroy IP Holdings v. Groupon may make defending patent infringement claims more challenging, time-consuming and expensive — but it has also complicated similar patent infringement proceedings involving the same patents and their appeals, say attorneys at Norton Rose.
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The Revival Of Badie Arbitration Suits In Consumer Finance
Plaintiffs have recently revived a California appellate court's almost 30-year-old decision in Badie v. Bank of America to challenge arbitration requirements under the Federal Arbitration Act, raising issues banks and credit unions in particular should address when amending arbitration provisions, say attorneys at Orrick.
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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1st Circ. IMessage Ruling Illustrates Wire Fraud Circuit Split
The First Circuit’s recent decision that text messages exchanged wholly within Massachusetts but transmitted by the internet count as interstate commerce spotlights a split in how circuits interpret intrastate actions under the federal wire fraud statute, perhaps prompting U.S. Supreme Court review, say attorneys at ArentFox Schiff.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Justices' Revival Ruling In Bias Suit Exceeds Procedural Issue
The U.S. Supreme Court's recent ruling in Waetzig v. Halliburton allowed the plaintiff in an age discrimination lawsuit to move to reopen his case after arbitration, but the seemingly straightforward decision on a procedural issue raises complex questions for employment law practitioners, says Christopher Sakauye at Dykema.
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Cleanup Claim Characterization Key For Timeliness Inquiry
The Tenth Circuit's recent ruling in Atlantic Richfield Co. v. NL Industries, determining that ARCO's contribution claim was timely, highlights the importance of accurately characterizing a claim for recoupment of environmental cleanup costs as a cost-recovery action or contribution to avoid dismissal or recharacterization of the claim, say attorneys at Spencer Fane.
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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.