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Featured
Justices Face Busy Summer After Nixing Universal Injunctions
The U.S. Supreme Court's decision to limit nationwide injunctions was one of its biggest rulings of the term — a finding the court is likely going to be dealing with all summer. Here, Law360 takes a look at the decision, how it and other cases on the emergency docket overshadowed much of the court's other work, and what it all means for the months to come.
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August 04, 2025
UT Austin Denies Threatening Prof Who Criticized Leaders
The University of Texas at Austin denied threatening a professor who publicly criticized its leadership, telling the Fifth Circuit that its employee has remained on staff three years after his speech was allegedly chilled and "refuses to take 'yes' for an answer."
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August 04, 2025
New Conn. Assault Trial Ordered Over Crucial Tattoo Evidence
A Connecticut appeals court has ordered a new trial for a man sentenced to over five years in prison for an assault at a Denny's, finding that his constitutional rights were violated when a trial court refused to allow potentially exculpatory evidence showing that, unlike the perpetrator, he had no tattoos.
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August 04, 2025
Judge Newman Contests Suspension Renewal At DC Circ.
The Federal Circuit's recent recommendation to continue U.S. Circuit Judge Pauline Newman's suspension makes clear her colleagues are looking to permanently remove her, the judge's attorney told the D.C. Circuit Monday.
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August 04, 2025
Trial Called Off After Judge Partly Clears Apple In Fintiv Row
Western District of Texas Judge Alan Albright called off a trial scheduled for Monday in Fintiv Inc.'s long-running mobile wallet patent case against Apple Inc., after he cleared Apple of infringing some claims and Fintiv opted to appeal rather than putting the remaining claims before a jury.
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August 04, 2025
DC Circ. Lets Trump Border Asylum Ban Continue, With Limits
The D.C. Circuit has allowed the Trump administration to continue enforcing a policy that largely bars asylum at the southern border for now, but said it can't deport noncitizens without honoring legal protections for those who fear torture or persecution.
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August 04, 2025
Subcontractor Can't Get Fees In Seattle Sewer Pipeline Saga
A Washington state appeals court panel will not let a subcontractor recoup roughly $500,000 in legal fees and costs tied to a construction firm's passthrough claims over a county-commissioned sewer pipeline project in Seattle, ruling on Monday the subcontractor was never dubbed the winner in the dispute.
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August 04, 2025
D.C. Circuit Court Backs FBI Agent's Bribery Sentence
The D.C. Circuit Court has affirmed a former FBI special agent's two-year sentence for taking a bribe in connection with a property-buying scheme, finding that he accepted at least $6,500 from a real estate developer in exchange for illegally sharing information from a protected database to which the FBI subscribed.
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August 04, 2025
4th Circ. Backs SBA In Denying COVID Loan Relief To Va. Biz
A global consultancy and risk management company lost its bid Monday to revive its loan repayment suit against the U.S. Small Business Administration, as the Fourth Circuit found that the SBA fairly concluded the $5 million loan was ineligible for COVID-19 debt relief.
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August 04, 2025
9th Circ. Rejects Most Of Sodexo's ERISA Arbitration Push
The Ninth Circuit said Monday that employers can't unilaterally change Employee Retirement Income Security Act-governed plans to require arbitration, backing the bulk of a trial court ruling that refused to throw out of court a nicotine fee lawsuit against food service company Sodexo.
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August 04, 2025
10th Circ. Ends Age Bias Suit After High Court Remand
The Tenth Circuit refused to let an ex-Halliburton employee continue fighting an age discrimination case that led the U.S. Supreme Court to rule that voluntarily dismissed suits can be reopened, ruling he hadn't shown there were extraordinary circumstances that warranted pulling his claims from arbitration.
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August 04, 2025
Fla. High Court Vacates Drug Charges Over Speedy Trial Rules
A Florida appeals court has permanently tossed a drug case against a man after a counting error led to him being held for over 180 days without a trial after being extradited from another state in violation of his right to a speedy trial.
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August 04, 2025
Chemical Group Says Fluoride Judge Got It Wrong
The American Chemistry Council told the Ninth Circuit that a California federal judge who ruled that current limits on fluoride in drinking water aren't protective enough misinterpreted the Toxic Substances Control Act and urged reversal of his decision.
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August 04, 2025
DOJ Defends IRS-ICE Data Sharing Pact In DC Circ.
The D.C. Circuit should reject four immigrant advocacy groups' push to prevent the IRS from disclosing confidential tax return information to immigration enforcement authorities, the government said Monday, arguing there's no concrete evidence that the information sharing will harm the groups' members.
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August 04, 2025
Circuit Split On Geofence Warrants 'Intolerable,' Justices Told
A Fourth Circuit panel skirted the issue when it was deciding the appeal of a man who was convicted on robbery charges using a geofence warrant to pinpoint his location, but now that man wants the U.S. Supreme Court to decide whether such warrants are constitutional.
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August 04, 2025
Catching Up With Delaware's Chancery Court
Last week at the Delaware Court of Chancery, insurance brokerage and risk management giant Marsh & McLennan Cos. sought injunctive relief in a new suit accusing U.S. affiliates of London-based Howden Holdings Ltd. of a poaching scheme that involved over 100 M&M employees resigning on July 21.Â
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August 04, 2025
D.C. Circuit Upholds FCC's Foreign Sponsorship Rule
The D.C. Circuit upheld the Federal Communications Commission's 2024 foreign sponsorship disclosure rule for broadcasters Friday, rejecting arguments that the rule violated First Amendment speech protections and even reprimanding the premature leaking of nonpublic rulemaking details to broadcasters, calling the process a "new low" of industry capture.
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August 04, 2025
Anthropic Asks 9th Circ. To Review Authors' Class Cert.
Anthropic PBC has asked the Ninth Circuit to review a California federal judge's class certification of a group of authors suing over use of their books to train artificial intelligence, saying the judge had rushed to approve a class of nearly seven million potential claimants.
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August 04, 2025
Conn. Justices Block Rehab Center's Bid To Halt Rival Permit
A northwestern Connecticut drug rehabilitation facility lacks standing to challenge the state Department of Public Health's approval of a small-town rival's permit, the Connecticut Supreme Court ruled Monday, holding that a statute does not require regulators to consider effects on local competition when OK'ing new healthcare facilities.
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August 04, 2025
3rd Circ. Denies Tribal Lender Immunity In Payday Loan Suit
The Third Circuit ruled Monday that tribal immunity doesn't shield GreatPlains Finance LLC from class claims over payday loan interest rates, reasoning that a judgment wouldn't affect the tribe's revenue.
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August 04, 2025
4th Circ. Says Lead Paint Suit Rightly Returned To State Court
The Fourth Circuit has affirmed the remand of a proposed class action alleging a television tower owner and a painting company blasted lead-based paint off the tower and into surrounding neighborhoods, finding the case fits within the "local controversy" exception in the Class Action Fairness Act.
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August 04, 2025
Connecticut Justices Say Atty Due Extra $300K For ID Theft
The Connecticut Supreme Court ruled on Monday that an attorney whose identity was stolen by scammers can receive punitive damages under the state's unfair trade practices statute in addition to a separate award of treble damages under a different law, holding that a lower court misjudged the allowable recovery.
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August 04, 2025
7th Circ. Won't Put Chicago Climate Change Suit On Hold
The Seventh Circuit will not pause the execution of a lower court order remanding Chicago's climate change lawsuit against fossil fuel companies to state court, a decision the companies have asked the circuit court to review.
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August 04, 2025
Mich. High Court Says Cellphone Search Was Too Sweeping
A split Michigan Supreme Court has refused to toss a number of charges for larceny, receiving stolen property and safe-breaking, ruling that the defendant did not receive ineffective counsel when his attorney failed to challenge an overly broad warrant issued to search his phone.
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August 04, 2025
Condo Can't Boot Unit Owner After Assault, Mass. Court Says
A Massachusetts condominium association cannot force a unit owner charged with assaulting another resident to vacate his property, an intermediate state appellate court said Monday.
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August 02, 2025
9th Circ. Backs Limits On ICE Immigration Sweeps In LA
The Ninth Circuit preserved most of a district court's temporary block on the Trump administration making immigration arrests in the Los Angeles area without probable cause, rejecting the government's request for a stay during its appeal.
Editor's Picks
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How GOP Judges Teed Up 4th Circ.'s Supreme Court Shutout
No appeals court found the U.S. Supreme Court's latest term less endearing than the Fourth Circuit, where a supersize shutout accentuated a multiyear slump for the once-favored circuit and repeatedly vindicated conservative dissenters on the left-leaning bench.
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Circuit-By-Circuit Recap: Justices Send Message To Outliers
It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.
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The Funniest Moments Of The Supreme Court's Term
After justices and oral advocates spent much of an argument pummeling a lower court's writing talents, one attorney suggested it might be time to move on — only to be told the drubbing had barely begun. Here, Law360 showcases the standout jests and wisecracks from the 2024-25 U.S. Supreme Court term.
Expert Analysis
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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.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.