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Appellate

  • June 03, 2025

    Fla. Taking Halt Of Teen Social Media Law To 11th Circ.

    A Florida federal judge on Tuesday blocked the state from enforcing a new law that would ban children 13 and under and restrict 14- and 15-year-olds from social media after finding the measure is likely unconstitutional, prompting the state's attorney general to immediately appeal the ruling to the Eleventh Circuit.

  • June 03, 2025

    Google Taps Ex-SG, Munger Tolles Partner For Monopoly Fight

    Google has hired former U.S. Solicitor General and prominent U.S. Supreme Court attorney and Munger Tolles & Olson LLP partner Donald B. Verrilli Jr. to represent it in high-profile litigation accusing the tech giant of monopolizing the online search market, according to a notice filed in District of Columbia federal court Tuesday.

  • June 03, 2025

    6th Circ. Backs OSU In Diver's Sexual Abuse Claims

    A woman who was sexually abused by her diving coach while a teenager on the Ohio State University diving club can't sue the school, the Sixth Circuit ruled Monday, saying she filed her lawsuit too late because the statute of limitation on Title IX claims in Ohio is just two years.

  • June 03, 2025

    Prosecutors Take Second Stab At Convicting Dallas Developer

    Federal prosecutors started a second run at convicting a Dallas real estate developer of bribing two city council members, telling a jury during opening arguments Tuesday that the developer had a "silent partnership" with elected officials in exchange for favors.

  • June 03, 2025

    9th Circ. Skeptical About Nixing Wash. Bias Enforcement Ban

    The Ninth Circuit on Tuesday appeared hesitant to grant Washington state's bid to wipe out an injunction that bars it from enforcing state anti-discrimination law against a Christian employer that wants to hire co-religionists, but the judges signaled a willingness to depart from the trial court's rationale.

  • June 03, 2025

    Allstate Urges Ga. Panel To Undo Dismissal Sanction

    Allstate Fire And Casualty Insurance Co. urged the Georgia Court of Appeals to overturn a trial court's decision to sanction it by tossing its lawsuit over a liability policy issued to the owner of a car involved in a fatal accident.

  • June 03, 2025

    4th Circ. Revives Immigration Judges' Free Speech Suit

    The Fourth Circuit on Tuesday sent a free speech lawsuit brought by immigration judges back to district court, reasoning a lower court judge must first determine if a federal law is working as intended with respect to claims that might otherwise be handled administratively.

  • June 03, 2025

    9th Circ. Gives Crypto Victims Chance At Greater Recovery

    A Ninth Circuit panel found that a California federal court can reopen the restitution phase of a criminal crypto extortion case post-sentencing after the victims said they lost out on millions of dollars in recovery due to a miscommunication among government offices.

  • June 03, 2025

    6th Circ. Denies PBMs' Privilege Claim In Opioid MDL

    A Sixth Circuit panel on Tuesday denied a petition from Cigna's Express Scripts and UnitedHealth's Optum seeking to reverse discovery orders allowing certain personnel files and internal communications into the multidistrict opioid litigation, finding that the two pharmacy benefit managers failed to show extraordinary abuses justifying relief.

  • June 03, 2025

    Senators Preview Possible National Injunction Reforms

    A Senate hearing on Tuesday was marked largely by partisan fighting over whether federal courts have justifiably ruled against the Trump administration, but there were some hints that cooperation to rein in acknowledged litigation abuses such as forum shopping and universal injunctions might be possible.

  • June 03, 2025

    6th Circ. Sets New Jurisdiction Standard For 'Mixed Actions'

    An Ohio federal court erred by remanding declaratory claims over insurance coverage for underlying PFAS litigation to state court, the Sixth Circuit ruled, forging its own jurisdictional standard for what are known as mixed actions, or lawsuits that seek both coercive relief, like damages, and noncoercive relief, like a court declaration.

  • June 03, 2025

    Judge Blocks Foreign Enforcement In $102M Award Fight

    A New York federal judge has ordered the former owners of reorganized international shipping group Eletson Holdings Inc. to drop proceedings they initiated in Greece and the United Kingdom to enforce a $102 million arbitral award while he determines whether the award is fraudulent.

  • June 03, 2025

    DC Circ. Rejects Tipster's Bid To Reverse IRS Award Denial

    The D.C. Circuit refused to reinstate a tipster's petition for a whistleblower award before the U.S. Tax Court claiming his former employer intentionally misclassified him as an independent contractor, ruling Tuesday the Tax Court lacked jurisdiction since he failed to show the agency acted on his tip.

  • June 03, 2025

    9th Circ. Wary Of Dormant Commerce Application To Cannabis

    A Ninth Circuit panel on Tuesday appeared skeptical that constitutional doctrine barring states from impeding interstate commerce should apply to the federally illegal marijuana market in a pair of cases involving cannabis business licenses in Washington state and Sacramento, California.

  • June 03, 2025

    3rd Circ. Flags 'Double-Counting' Damages In Trade Secrets Trial

    A Third Circuit panel on Tuesday seemed ready to double-check a jury's apparent double-counting of damages in a trade secrets case between two regulatory compliance businesses, noting that the jurors' math indicated they had multiplied an expert's estimate of allegedly ill-gotten profits, while the victor in the case cautioned against trying to divine the jury's thoughts.

  • June 03, 2025

    Peloton 'Hammered' Market With Infringing TM, 9th Circ. Hears

    A professional cyclist's fitness app company, World Champ Tech, urged the Ninth Circuit on Tuesday to reverse Peloton's summary judgment win on trademark claims over its "Bike+" brand, arguing the lower court erred by ignoring that Peloton "hammered the market" with its new brand despite knowing World Champ owned the mark.

  • June 03, 2025

    4th Circ. Again Decertifies Marriott Data Breach Classes

    The Fourth Circuit on Tuesday once again scrapped class certification of potentially millions of Marriott International Inc. guests in multidistrict litigation over a major data breach at the company's Starwood-branded hotels, finding the guests can't get around a class action waiver built into the rewards program.

  • June 03, 2025

    'Chintzy' Paramount Stole 'Top Gun' IP, 9th Circ. Told

    Counsel for the family of a journalist who sold the rights to a magazine story he wrote that inspired the 1986 movie "Top Gun" to Paramount Pictures urged the Ninth Circuit on Tuesday to revive their copyright suit over the 2022 film sequel, saying Paramount was "chintzy" in not negotiating another license.

  • June 03, 2025

    Accord Urges Justices To Reject 'Crush-Resistant' Oxy IP Row

    Accord Healthcare Inc. says the U.S. Supreme Court should reject bankrupt OxyContin maker Purdue Pharma LP's attempt to revive its legal effort to use patent laws to block the release of a competing, "crush-resistant" generic painkiller.

  • June 03, 2025

    Aaron Judge Wants Fed. Circ. To Back TM Win Over Slogans

    New York Yankees captain Aaron Judge and the Major League Baseball Players Association have asked the Federal Circuit to affirm a Trademark Trial and Appeal Board decision that blocked a Long Island man from registering trademarks for judicially themed slogans, such as "All Rise" and "Here Comes The Judge."

  • June 03, 2025

    Supreme Court Won't Hear Mich. Gym's COVID Closure Suit

    The U.S. Supreme Court on Monday said it would not hear a petition from a Michigan gym seeking compensation from the state for the economic losses it suffered after being forced to scale back services or close during the height of the COVID-19 pandemic.

  • June 03, 2025

    5th Circ. Panel Says Child Must Be Returned To Venezuela

    A split Fifth Circuit panel vacated a district court order barring the removal of a Venezuelan child who was brought by her mother to the U.S. without authorization, saying the child should be returned to Venezuela under the Hague Convention.

  • June 03, 2025

    Apple Challenging EU's Interoperability Requirements

    Apple is challenging new rules imposed by European enforcers that require iPhones and iPads to work more seamlessly with third-party devices, saying the rules create privacy and security risks for users and threaten to hamper innovation.

  • June 03, 2025

    2nd Circ. Says Social Worker Can't Challenge NY Abortion Law

    The Second Circuit on Tuesday rejected a social worker's constitutional challenge to a New York law decriminalizing abortion, finding that she lacked standing to sue because she couldn't identify any specific fetus facing harm.

  • June 03, 2025

    Mich. High Court To Weigh Warrantless DNA Testing Legality

    The Michigan Supreme Court will consider whether to take on an appeal from a man convicted of murder who says the police's warrantless testing of his clothes while he was jailed on unrelated warrants was unlawful.

Expert Analysis

  • Takeaways From Alaska Justices' Pollution Exclusion Ruling

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    A recent Alaska Supreme Court ruling that a total pollution exclusion in a homeowners policy didn't bar coverage for carbon monoxide poisoning shows that even when policy language appears unambiguous on its face, courts can still consider the reasonable expectations of an insured to determine applicability, say attorneys at Hunton.

  • What's At Stake As 9th Circ. Eyes Cultural Resource Damages

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    In Pakootas v. Teck Cominco, the Ninth Circuit is faced with the long-unresolved question of whether cultural resource damages are recoverable as part of natural resource damages under the Superfund law — and the answer will have enormous implications for companies, natural resource trustees and Native American tribes, says Sarah Bell at Farella Braun.

  • Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration

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    The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.

  • Bid Protest Spotlight: Instructions, Price Evaluation, Standing

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    In this month's bid protest roundup, Caitlin Crujido at MoFo looks at three recent decisions that consider a contractor's attempt to circumvent unambiguous solicitation instructions, the fairness of an agency's price evaluation and whether a protestor that would be unable to perform even if sucessful has standing.

  • E-Discovery Quarterly: The Perils Of Digital Data Protocols

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    Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.

  • Defense Strategies After Justices' Personal Injury RICO Ruling

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    In Medical Marijuana v. Horn, the U.S. Supreme Court recently held that the Racketeer Influenced and Corrupt Organizations Act can be invoked by some plaintiffs with claims arising from personal injuries — but defense counsel can use the limitations on civil RICO claims to seek early dismissal in such cases, say attorneys at Debevoise.

  • Series

    Law School's Missed Lessons: Preparing For Corporate Work

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    Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.

  • Opinion

    The SEC Must Protect Its Best Tool For Discovering Fraud

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    By eliminating the consolidated audit trail's collection of most retail customer information, the U.S. Securities and Exchange Commission may squander a once-in-a-generation opportunity to deter securities market fraud and abuse, something new Chair Paul Atkins must ensure doesn't happen, says former SEC data strategist Hugh Beck.

  • Series

    Florida Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of 2025 saw the Trump administration's crypto-forward approach permeate the banking industry, including Florida banking institutions, and a Fourth District Court of Appeal decision provide a new precedent for borrower/lender standing, say attorneys at Kozyak Tropin.

  • Meta Case Brings Customer-Facing Statements Issue To Fore

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    Now that Facebook v. Amalgamated Bank has returned to California federal court after the U.S. Supreme Court in November found it improvidently granted certiorari, it will be worth watching whether customer-facing communications, such as Facebook's privacy policies, are found to be made in connection with the sale of a security, says Samuel Groner at Fried Frank.

  • A Cold War-Era History Lesson On Due Process

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    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

  • Home Depot Ruling Tolls Death Knell For 'Silent Cyber'

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    The Sixth Circuit's recent ruling that Home Depot's insurers did not have to cover costs from a data breach hammered one more nail in the coffin of silent cyber, where coverage is sought under standard property or commercial general liability policies that were not intended to insure cyberattack claims, say attorneys at Zelle.

  • Series

    Improv Makes Me A Better Lawyer

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    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

  • How BigLaw Executive Orders May Affect Smaller Firms

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    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

  • Texas Case Shows Why Juries Are Well-Suited To COVID Suits

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    The original jury verdict in Baylor College of Medicine v. Lloyd's, currently on appeal to the Texas Supreme Court after being overturned by an appellate panel, illustrates why COVID-19 business interruption claims with their case-specific facts need to be decided by juries, not by judges using a one-size-fits-all approach, says Jeremy Lawrence at Farella Braun.

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