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Appellate
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August 05, 2025
USPTO Urges Fed. Circ. To End Motorola's Fintiv Appeal
The U.S. Patent and Trademark Office stood by its acting leader's decision to shut down Motorola's challenge to various Stellar patents at the Patent Trial and Appeal Board, saying all of Motorola's appellate arguments at the Federal Circuit should be rejected.
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August 05, 2025
5th Circ. Says Texas Voter ID Law Is Legally Sound
A Fifth Circuit panel upheld a Texas law that requires voters to provide an identification number when voting by mail, finding the law complies with the Civil Rights Act and that the state designed it to combat mail-in ballot fraud.
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August 05, 2025
Fired NCUA Officials Urge DC Circ. To Return Them To Board
Two top credit union regulators fired by President Donald Trump are asking the D.C. Circuit to let them go back to work while it reviews a lower-court decision reinstating them, arguing their service is needed to prevent a painful impending snapback in interest-rate limits for federal credit unions.
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August 05, 2025
Fed. Circ. Presses Brita On Bid To Revive Water Filter Patent
A Federal Circuit panel Tuesday questioned Brita LP's effort to reverse a U.S. International Trade Commission decision that a water filter patent is invalid, suggesting the patent describes little more than an unpredictable scientific formula.
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August 05, 2025
Ex-USPTO Heads, Judges Oppose Anti-Patent Thicket Bill
A pro-innovation group composed of former U.S. Patent and Trademark Office officials and former Federal Circuit judges on Tuesday asked Congress to oppose a bill introduced last month that would limit so-called patent thickets used by pharmaceutical companies to restrict the production of generic counterparts to their drugs.
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August 05, 2025
Fed. Circ. Panel Feeling Deja Vu In Hoverboard IP Case
A Federal Circuit panel had little support for the owner of hoverboard design patents Tuesday, as the judges said much of its noninfringement appeal relies on concerns addressed in a prior appellate decision.
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August 05, 2025
Fed. Circ. Partly Revives Solar Panel Safety Patent Challenge
The Federal Circuit on Tuesday said the Patent Trial and Appeal Board has to take another look at one of renewable energy industry trade group SunSpec Alliance's arguments in its challenge to claims of a patent on safeguards for solar panels.
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August 05, 2025
10th Circ. Says No Signature Needed In Asylum Appeal
The Tenth Circuit on Tuesday revived a Salvadoran family's appeal of an immigration judge's denial of their asylum claim, ruling that the Board of Immigration Appeals wrongly rejected it over a missing signature that wasn't legally required.
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August 05, 2025
UBH Patients Score Partial Win In Mental Health Claims Fight
A California federal judge handed a partial win Tuesday to a class of participants in employee health benefit plans who sought coverage for mental health and substance use disorder treatments from United Behavioral Health, holding the company's overly restrictive guidelines breached fiduciary duties under federal benefits law.
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August 05, 2025
Fed. Hazmat Law Doesn't Bar Negligence Suit, 2nd Circ. Says
A Connecticut federal judge was wrong to find that the Hazardous Materials Transportation Act preempted a propane company's common-law negligence and recklessness claims over damage it suffered from a heating oil spill, the Second Circuit ruled Tuesday in restoring a lawsuit seeking more than $500,000 to cover remediation costs.
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August 05, 2025
McDermott Investors Say One Class Is Enough In Fraud Case
An employee retirement plan leading an investor class action against McDermott International Inc. asked the Fifth Circuit on Tuesday to reverse an order certifying two subclasses of investors based on whether they held stock before or after a 2018 merger.
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August 05, 2025
Ill. Appeals Court Backs Counsel Redo In Battery Case
An Illinois state appeals court has ruled that a man found guilty of domestic battery is entitled to a trial court hearing on a motion he personally lodged claiming his attorney was ineffective and that he was unfairly denied the hearing because of how he filed the request.
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August 05, 2025
2nd Circ. Nixes Madoff Feeder Fund Clawback Suits
About 300 clawback lawsuits filed by the liquidators of British Virgin Islands-based funds that invested in Bernard L. Madoff Investment Securities should be dismissed, a Second Circuit panel said on Tuesday, finding the deals were protected by the U.S. Bankruptcy Code's safe harbor for securities transactions.
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August 05, 2025
Homeowners Policy Doesn't Cover Shooting, 6th Circ. Says
State Farm has no duty to defend or indemnify a man facing wrongful death claims after he unintentionally shot and killed a woman in a domestic dispute, the Sixth Circuit affirmed Tuesday, finding that his intentional gunshots still created a foreseeable risk of harm and thus weren't an insurable accident.
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August 05, 2025
Infant Death Suit Reinstated Against Texas Hospital, Doctors
A Texas appeals panel on Tuesday reinstated a couple's suit against Texas Children's Hospital and doctors with Baylor College of Medicine over the death of their 5-week-old infant, finding the trial court abused its discretion in finding their expert report was insufficient to support their claims.
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August 05, 2025
DC Circ. Upholds Reincarceration Following Release Mistake
The D.C. Circuit ruled Tuesday that the lower court in the district did not violate the civil rights of a man who served 27 additional months in prison after the D.C. Department of Corrections accidentally released him and only discovered the error while he was incarcerated again for a different matter.
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August 05, 2025
Pa. Court Says State Can Suspend DUI Suspect's License
In a precedential ruling, Pennsylvania's Commonwealth Court has found that a state law stripping those suspected of DUI of their driver's licenses for one year if they refuse to be tested for intoxicating substances is constitutional, despite a driver's contrary assertions.
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August 05, 2025
RI Urges 1st Circ. To Toss Challenge To Pot License Regime
Rhode Island cannabis regulators on Tuesday urged the First Circuit to uphold the dismissal of a Florida entrepreneur's challenge to the state's marijuana licensure program and to reject his bid to have the case remanded back to lower district court.
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August 05, 2025
4th Circ. Faults Board For Shallow Review Of Asylum Case
The Fourth Circuit on Tuesday partially revived a Salvadoran woman's claim for asylum, finding that the Board of Immigration Appeals failed to properly assess whether she belonged to a legally protected social group.
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August 05, 2025
Ghislaine Maxwell Slams Feds' Bid To Unseal Grand Jury Docs
Ghislaine Maxwell, who is serving a 20-year prison sentence for trafficking children for late sex offender Jeffrey Epstein, urged a New York federal judge Tuesday to deny the government's bid to unseal grand jury transcripts, saying release of the sealed materials could jeopardize the appeal of her 2021 conviction.
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August 05, 2025
Yacht Listing Co. Tells 11th Circ. Sellers Agree To Arbitrate
A yacht listing service told the Eleventh Circuit that sellers agree to arbitrate any claims related to the platform when a broker lists their vessel, as it looks to force arbitration in a case accusing it of conspiring with others to inflate broker fees.
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August 05, 2025
Tenn. Executes Man With Intellectual Disability For 3 Murders
Tennessee on Tuesday executed Byron Black, who the state conceded had an intellectual disability and should have been removed from death row, for a 1988 triple murder.
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August 05, 2025
Ex-Patent Examiner Fights USPTO Exclusion At High Court
A former U.S. Patent and Trademark Office examiner wants the U.S. Supreme Court to review his exclusion from practicing before the agency, saying the justices should look at issues relating to a suspension he received and also federal civil rights protections.
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August 05, 2025
Gas Breaks Can't Justify Russian Fertilizer Duties, Fed. Circ. Told
The federal government improperly concluded that EuroChem's Russian imports to the U.S. were subject to countervailing duties because of natural gas subsidies those products benefited from, counsel representing the company told the Federal Circuit during oral arguments Tuesday.
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August 05, 2025
Law Profs Urge 11th Circ. To Toss Judge-Shopping Sanctions
A group of seven law school professors is urging the Eleventh Circuit to toss a sanctions ruling against three attorneys for judge shopping, arguing that federal law does not forbid the practice and citing the "potentially chilling effect the order will have on counsel, especially those involved in pro bono representation."
Expert Analysis
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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3 Rulings May Reveal Next Frontier Of Gov't Contract Cases
Several U.S. Supreme Court decisions over the past year — involving wire fraud, gratuities and obstruction — offer wide-ranging and arguably conflicting takeaways for government contractors that are especially relevant given the Trump administration’s focus on diversity, equity and inclusion initiatives, say attorneys at Rogers Joseph.
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NCAA Settlement Kicks Off New Era For Student-Athlete NIL
A landmark settlement stemming from 15 years of litigation between schools and the NCAA reflects a major development in college athletics by securing compensation for usage of student-athletes' names, images and likenesses, and schools hoping to take advantage of new opportunities should take proactive steps to comply with new rules, say attorneys at Manatt.
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7th Circ. Insurance Ruling Resolves Major Jurisdictional Issue
The Seventh Circuit recently confirmed in StarStone Insurance v. Chicago that attorney fees and costs paid as part of a settlement are covered — while unexpectedly raising and answering a question of first impression about federal jurisdiction over foreign entities, says Lara Langeneckert at Barnes & Thornburg.
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DOJ May Rethink Banning Firearms For Marijuana Users
In light of various federal circuit court decisions and an executive order from President Donald Trump, U.S. Department of Justice enforcement policy now may be on the verge of changing decidedly in favor of marijuana users' gun rights, and could foreshadow additional marijuana-friendly reforms, says Jacob Raver at Dentons.
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EDNY Ruling May Limit Some FARA Conspiracy Charges
Though the Eastern District of New York’s recent U.S. v. Sun decision upheld Foreign Agents Registration Act charges against a former aide to New York Gov. Kathy Hochul, its recognition of an affirmative legislative policy to exempt some officials may help defendants charged with related conspiracies, say attorneys at ArentFox Schiff.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Fla. Workers' Comp Ruling Ups Bar For Emotional Injury Suits
A Florida appellate court’s recent opinion in Steak 'N Shake v. Spears requires that employees solely claiming emotional distress seek workers’ compensation before suing their employers, closing a potential loophole and reducing the potential proliferation of such disputes in Florida courts, says Rob Rogers at Kirwin Norris.
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Contract Disputes Recap: Spearin, Overpayments, Jurisdiction
Edward Arnold at Seyfarth examines three recent decisions addressing the limits of the Spearin doctrine in design-build contracts, the government's ability to recoup overpayments after a termination for convenience, and the Contract Disputes Act's strict and nonwaivable jurisdictional rules.
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What Calif. Appeals Split Means For Litigating PAGA Claims
After two recent California state appeals court rulings diverged on whether a former employee with untimely individual claims under the Private Attorneys General Act can maintain a representative action, practitioners' strategic agility will be key to managing risk and achieving favorable outcomes in PAGA litigation, say attorneys at Buchalter.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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NY Case Shows How LLC Agreements Can Be Amended
The New York Court of Appeals in Behler v. Tao recently held that a merger clause contained in an amended limited liability company agreement superseded and extinguished an alleged oral agreement between the parties, highlighting the importance of determining early how and when an LLC agreement may be amended, says Kerrin Klein at Olshan Frome.
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If Justices Accept, Maxwell Case May Clarify Meaning Of 'US'
If the U.S. Supreme Court agrees to take up Ghislaine Maxwell’s appeal, it could clarify the meaning of “United States” in the context of plea agreements, and a plain language interpretation of the term would offer criminal defendants fairness and finality, say attorneys at Kudman Trachten.
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The State Of Play In Copyright Protection For Floor Plans
With questions over copyright protections for floor plans potentially teed up in front of the U.S. Supreme Court, attorneys in the real estate industry should take steps to clarify and strengthen clients' rights and reduce the risk of litigation, says Dylan I. Scher at Quinn Emanuel.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.