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Appellate
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August 05, 2025
Alaska Airlines Can't Nix Flight Attendant's Surgery Win
A Washington state appeals court won't disturb a jury's finding that a flight attendant was entitled to coverage of a spine surgery for an injury she sustained while working for Alaska Airlines, saying the trial court judge rightly rejected the airline's proposed jury instruction for its confusion.
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August 05, 2025
DC Circ. Remands Yukos' $50B Award Suit Against Russia
The D.C. Circuit on Tuesday ordered a lower court to reconsider Russia's bid to escape a long-running case to enforce $50 billion in arbitral awards issued to former shareholders of Yukos Oil Co., ruling the court must independently determine whether an underlying arbitration agreement exists.
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August 05, 2025
Ex-Supreme Court Clerk, AG Counselor Joins Haynes Boone
Haynes Boone announced Tuesday that it has added a partner who has clerked for two U.S. Supreme Court justices and served as counselor to the U.S. attorney general.
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August 04, 2025
9th Circ. Says Rival Vegas Newspapers' Deal Was Not LegalÂ
The Ninth Circuit handed a win to a Las Vegas newspaper formerly owned by the late billionaire Sheldon Adelson in antitrust litigation accusing the daily of trying to ruin its liberal rival, saying Monday that the papers' joint operating agreement should be dissolved as "unlawful and unenforceable."
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August 04, 2025
5th Circ. Says Appeal Over Mexican Bank Discovery Looks Moot
The Fifth Circuit pushed a Mexican businessman to explain how his appeal was not moot after a special master was appointed to review documents relating to an alleged fraud against Mexican financial institutions, saying Monday the businessman has seemingly already gotten the relief he sought.
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August 04, 2025
Holtec Tells 6th Circ. Arb. Award Should Have Been Vacated
Holtec International asked the Sixth Circuit on Monday to reverse a lower court's decision declining to vacate a union arbitration award the company argued should have named a subsidiary instead, saying the court used a doctrine meant to correct naming errors to upend the statute of limitations for modifying arbitration awards.
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August 04, 2025
CIA Officers Press 4th Circ. To Uphold Bar On DEIA Firings
A group of intelligence officers urged the Fourth Circuit on Friday to affirm a federal judge's order blocking the Trump administration from terminating them for their involvement with diversity, equity, inclusion and accessibility-related assignments in the CIA and Office of the Director of National Intelligence.
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August 04, 2025
5th Circ. Pushes FERC To Justify Keeping Pipeline Rate Cap
A Fifth Circuit panel on Monday challenged the Federal Energy Regulatory Commission's position that two pipeline owners have monopolistic power, suggesting that's not the case if customers have other routes for distributing oil.
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August 04, 2025
11th Circ. Says Bakery Co. Can't Dodge $15.6M Pension Bill
The Eleventh Circuit backed a pension fund's calculations that a wholesale bakery company may have to pay as much as $15.6 million after exiting the benefits plan, ruling it properly applied a credit outlined in the Multiemployer Pension Plan Amendments Act.
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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
DC Circ. 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
DC Circ. 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.
Expert Analysis
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How Justices' Ruling Limits Options To Challenge DHS Orders
In Riley v. Bondi, the U.S. Supreme Court recently ruled that a 30-day deadline for challenging deportation orders begins when the U.S. Department of Homeland Security issues a final administrative review order, opening the door for the government to effectively bar circuit court review in future similar cases, says Kevin Gregg at Kurzban Kurzban.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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Purdue Case Could Transform Patent Obviousness Analyses
If accepted for review by the U.S. Supreme Court, Purdue Pharma v. Accord Healthcare — concerning whether Purdue's abuse-deterrent opioid formulation patents were invalid as obvious — could significantly shift how courts weigh secondary considerations in patent obviousness analyses, say attorneys at Lathrop.
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NM Cyber Ruling Will Spur Litigation As Coverage Remedy
In Kane v. Beazley, the New Mexico Court of Appeals recently found that a cyber liability provision insuring security breaches included coverage for funds transfer fraud, implicitly and incorrectly motivating policyholders to commence litigation to avoid contractual limitations on cyber coverages, say attorneys at Zelle.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.
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Texas' Cactus Ruling Clarifies 'Produced Water' Rules
The Texas Supreme Court's decision in Cactus Water Services v. COG Operating, holding that mineral interest lessees have the rights to water extracted alongside oil and gas, should benefit industry players by clarifying the rules — but it leaves important questions about royalties unresolved, say attorneys at Yetter Coleman.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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How Political Divisions Are Stalling Pa. Energy Development
Despite possessing the nation's second-largest natural gas reserves and a legacy of energy infrastructure, Pennsylvania faces a fragmented and politically charged path to developing the energy resources it will need in the future, thanks to legislative gridlock, divided public opinion and competing energy interests, says Andrew Levine at Stradley Ronon.
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How High Court Ruling Can Aid Judgment Enforcement In US
In CC/Devas (Mauritius) v. Antrix, a unanimous U.S. Supreme Court recently ruled that only two steps are required to keep a foreign sovereign in federal court, making it a little easier for investors to successfully bring foreign states and sovereign-owned and -controlled entities into U.S. courts, says Kristie Blase at Felicello Law.
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What High Court's Tenn. Trans Care Ruling Means Nationally
The U.S. Supreme Court's decision in U.S. v. Skrmetti, upholding a Tennessee ban on gender-affirming medical care for minors, is fairly limited in scope and closely tailored to the specific language of Tennessee's law, but it may have implications for challenges to similar laws in other states, say attorneys at Hall Render.
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Justices Rewrite Rules For Challenging Enviro Agency Actions
Three recent U.S. Supreme Court rulings — Nuclear Regulatory Commission v. Texas, Oklahoma v. U.S. Environmental Protection Agency and EPA v. Calumet Shreveport Refining — form a jurisprudential watershed in administrative and environmental law, affirming statutory standing and venue provisions as the backbone of coherent judicial review, say attorneys at GableGotwals.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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High Court ACA Ruling May Harm Preventative Care
The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.
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Opinion
Subject Matter Eligibility Test Should Return To Preemption
Subject matter eligibility has posed challenges for patentees due to courts' arbitrary and confusing reasoning, but adopting a two-part preemption test could align the applicant, the U.S. Patent and Trademark Office and the courts, says Manav Das at McDonnell Boehnen.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.