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Appellate
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June 06, 2025
Split DC Circ. Reinstates AP's White House Press Pool Ban
A split D.C. Circuit panel reinstated the White House's decision to ban the Associated Press from the press pool covering the Oval Office, Air Force One and Mar-a-Lago on Friday, while a dissenting judge criticized her colleagues' rationale as being nonsensical and upending longstanding First Amendment precedent and generations of tradition.
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June 06, 2025
Justices Won't Hear Obama Center Site Selection Complaints
The U.S. Supreme Court on Friday declined to consider claims that federal agencies failed to complete a full environmental review of plans to construct the Obama Presidential Center in Chicago's Jackson Park neighborhood.
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June 06, 2025
DC Circ. Backs FERC Extension For Southgate Pipeline Work
A D.C. Circuit panel on Friday affirmed the Federal Energy Regulatory Commission's construction deadline extension for the Mountain Valley Pipeline's southern spur, with one judge characterizing a suit challenging it as "typical" of litigation that has stymied American progress.
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June 06, 2025
Texas Court Says Doctor Can Be Sued For Service Dog Mauling
The Texas Supreme Court on Friday greenlit a suit accusing a gynecologist of negligently giving a patient a note stating that she required a service dog which later mauled a toddler, saying the alleged negligence is not a malpractice claim, therefore the plaintiffs did not need a medical expert's opinion.
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June 06, 2025
Supreme Court Limits Discovery In FOIA Suit Against DOGE
The U.S. Supreme Court halted discovery Friday into whether the Department of Government Efficiency is an agency subject to the Freedom of Information Act, but left the door open to future, more tailored inquiries about the inner workings of the initiative.
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June 06, 2025
Justices Reject Eligibility Appeal On Telemedicine Patents
The U.S. Supreme Court declined Friday to review a decision that telemedicine patents asserted against the U.S. government are invalid for claiming only abstract ideas, in the court's latest refusal to reconsider the standard for determining if inventions are eligible for patents.
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June 06, 2025
9th Circ. Mulls If Seagate Win Could Spur Antitrust Suits
A Ninth Circuit judge on a panel doubted Seagate Technology's request to reverse NHK Spring's partial win in an antitrust fight over hard drive components, observing Friday that Seagate's position may broaden antitrust liability and asking "how does this not open up the floodgates for a new plaintiffs' cottage industry?"
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June 06, 2025
Full 11th Circ. Asked To Rethink Workplace Attack Case
An employee has asked the en banc Eleventh Circuit to rethink its ruling that wholesale restaurant supply store McLane Foodservice Inc. is not liable for injuries suffered by an employee who was set on fire at work by a former partner, arguing it took too narrow a view on foreseeability.
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June 06, 2025
Wash. Panel Grills Ambulance Co. On Crash Immunity Defense
Washington appellate judges expressed skepticism on Friday regarding an ambulance company's stance that qualified immunity shielded it from a patient estate's $2.3 million jury verdict over a mid-transport crash, while also casting doubt on the family's contention that the defendant had forfeited its appeal rights.
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June 06, 2025
'Low-Hanging Fruit' In Devas Resolved, But Questions Remain
The U.S. Supreme Court's decision Thursday rejecting the Ninth Circuit's outlier interpretation of a jurisdictional question in a $1.3 billion arbitral award enforcement case came as no surprise to arbitration experts, who say they will nevertheless continue closely watching the case to see how outstanding issues are resolved.
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June 06, 2025
6th Circ. Sends GM Emissions Fraud Claims Back To Michigan
The Sixth Circuit on Friday partly revived drivers' claims alleging General Motors deceptively marketed Chevrolet Cruze vehicles as clean vehicles when they were actually outfitted with emissions-cheating software, punting a question of preemption back to Michigan federal court.
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June 06, 2025
Texas Justices Ax Multiplaintiff 'Jurisdictional Loophole'
The Texas Supreme Court on Friday closed a "gaping jurisdictional loophole" that allowed defendants to challenge jurisdiction in just about any case involving multiple plaintiffs, saying the mere presence of multiple plaintiffs is not enough to invoke appellate review.
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June 06, 2025
Texas AG Says Trans Care Investigation Is Lawful
The Texas Attorney General's Office told the state's Supreme Court that a lower court went too far by blocking an investigation into an LGBTQ+ advocacy organization that allegedly had knowledge about outside parties performing gender-affirming care on minors, saying the court undermined the AG's investigative authority.
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June 06, 2025
NJ Court Blocks LTC Insurer's Bid For Triple-Digit Rate Hike
A New Jersey state appeals court on Friday backed the state's Department of Banking and Insurance in denying a long-term care insurer's request to increase its policy rates, agreeing that the proposed triple-digit rate increase on aging policyholders was excessive.
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June 06, 2025
Iraq Says $120M Pier Award Enforcement Must Be Thrown Out
Iraq has filed an appellate brief urging the D.C. Circuit to overturn a lower court ruling giving a Cypriot construction firm permission to enforce a nearly $120 million arbitral award it won in a dispute over a major port project.
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June 06, 2025
Fed. Circ. Weighs Purview Over Acorda's $17M Arbitral Award
A Federal Circuit panel on Friday wrestled with its authority to consider arbitration appeals dealing with patent law, with at least one judge appearing skeptical that it could consider Acorda Therapeutics Inc.'s bid to increase a $16.6 million award in a fight with Alkermes PLC over a multiple sclerosis drug.
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June 06, 2025
Justices Skip Investment Adviser's Appeal Of $32M SEC Win
The U.S. Supreme Court on Friday declined to hear a lawsuit challenging the U.S. Securities and Exchange Commission's disgorgement powers, turning away an appeal brought by an investment adviser who was ordered to pay $32 million after a lower court found that he and his firm defrauded clients.
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June 06, 2025
NJ Panel Revives Contract Row Between Pot Co., Landlord
A New Jersey state appeals court on Friday revived a Paterson property owner's suit against a would-be dispensary and its principals alleging they broke a deal to share profits from the dispensary, finding that the trial court wrongly conflated the contract's requirement for local approval with a cannabis license.
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June 06, 2025
Argentina Tells DC Circ. $391M Award OK Must Be Nixed
Argentina has asked the D.C. Circuit to overturn a lower court decision ordering it to pay a $391 million arbitral award issued following a 15-year-old dispute over the renationalization of the country's state-owned airline.
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June 06, 2025
8th Circ. Rejects Farm Leasing Co.'s Switch To Amortization
The Eighth Circuit denied an Arkansas farm leasing company's action to amortize federal subsidy-eligible land to reduce its tax liability, affirming Friday that the company was not authorized to make such accounting changes without approval from the Internal Revenue Service.
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June 06, 2025
Stewart Says PTAB Should 'Never' Cancel IP As A Sanction
The acting director of the U.S. Patent and Trademark Office revived Longhorn Vaccines & Diagnostics LLC patent claims on Thursday that her predecessor had invalidated to punish Longhorn for misconduct.
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June 06, 2025
NY Tribe Urges Supreme Court To Overturn Eel Fishing Ruling
A Long Island tribe is asking the U.S. Supreme Court to undo a Second Circuit ruling that rejected its challenge to New York's regulations on eel fishing harvests, arguing that if the decision is held, it would set a precedent allowing district courts to give up their gatekeeping roles on expert testimony.
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June 06, 2025
Free Speech Shields Rehab From Permit Suit, Court Says
A Connecticut drug treatment facility does not have to face claims, including unfair trade practices, lodged by a prospective competitor amid a contentious permit battle, a state appellate panel ruled Friday, finding that the state's anti-SLAPP statute is fatal to the case.
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June 06, 2025
Split DC Circ. Says IAF CEO Can Stay In Role
A split D.C. Circuit panel refused to block the reinstatement of the head of a federal agency that invests in Latin America and the Caribbean, concluding that the Trump administration's firing of the official was "likely invalid."
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June 06, 2025
9th Circ. Won't Boost Interest Rate For Worker's FMLA Win
The Ninth Circuit declined to upend an order applying the federal rate instead of a higher Washington state rate when calculating prejudgment interest that a federal jury awarded to a worker in his lawsuit accusing a manufacturer of firing him for taking leave, saying his federal claim guided his litigation strategy.
Expert Analysis
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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How Justices Rule On Straight Bias May Shift Worker Suits
Following oral argument at the U.S. Supreme Court in Ames v. Ohio Department of Youth Services, in which a heterosexual woman sued her employer for sexual orientation discrimination, the forthcoming decision may create a perfect storm for employers amid recent attacks on diversity, equity and inclusion, say attorneys at Proskauer.
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How Del. Supreme Court, Legislature Have Clarified 'Control'
The Delaware Supreme Court's January decision in In re: Oracle and the General Assembly's passage of amendments to the Delaware General Corporation Law this week, when taken together, help make the controlling-stockholder analysis clearer and more predictable for companies with large stockholders, say attorneys at Baker Botts.
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Service By Token Is Transforming Crypto Litigation Landscape
As the Trump administration advocates a new course of cryptocurrency regulation, courts in the U.S. and abroad are authorizing innovative methods of process service, including via nonfungible tokens and blockchain messaging, offering practical solutions for litigators grappling with the anonymity of cyber defendants, says Jose Ceide at Salazar Law.
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Fed. Circ. In Feb.: Lessons On Cases With Many Patent Claims
The Federal Circuit's decision in Kroy IP v. Groupon last month establishes that inter partes review petitioners cannot rely on collateral estoppel to invalidate patent claims after challenging a smaller subset, highlighting the benefit that patent owners may gain from seeking patents with many claims, say attorneys at Knobbe Martens.
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PG&E Win Boosts Employers' Defamation Defense
A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.
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Justices' False Statement Ruling Curbs Half-Truth Liability
The U.S. Supreme Court’s recent Thompson v. U.S. decision clarified that a federal statute used to prosecute false statements made to bank regulators only criminalizes outright falsehoods, narrowing prosecutors’ reach and providing defense counsel a stronger basis to challenge indictments of merely misleading statements, says Tamara de Silva at De Silva Law Offices.
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Jurisdiction Argument In USAID Dissent Is Up For Debate
A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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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.