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Appellate
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June 16, 2025
6th Circ. Denies Mich. Gov.'s Rehearing Bid In Pipeline Suit
A three-judge panel of the Sixth Circuit on Monday rejected a request for a rehearing from Michigan Gov. Gretchen Whitmer, who had asked the appellate court to reconsider its earlier decision that she didn't have sovereign immunity from Enbridge Energy's lawsuit seeking to halt her efforts to shut down the Line 5 pipeline.
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June 16, 2025
Worker Asks 4th Circ. To Rethink Tossed Pregnancy Bias Suit
A former medical center worker who claims she was fired out of pregnancy bias urged the Fourth Circuit to reconsider upholding the dismissal of her suit, arguing the panel ignored evidence that she performed her job successfully when crediting her ex-employer's defense that she was fired for subpar work.
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June 16, 2025
4th Circ. Says No Premium Refunds Under Fed. Mortgage Law
A Virginia homeowner cannot recover premiums he'd prepaid for private mortgage insurance under a federal law mandating such insurance for certain borrowers, the Fourth Circuit ruled Monday, finding the Homeowners Protection Act of 1998's premium refund provisions do not extend to voluntary insurance cancellation agreements.
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June 16, 2025
High Court Will Hear Chevron, Exxon Pollution Liability Case
The U.S. Supreme Court agreed Monday to determine whether federal or state courts are the proper venue for Louisiana's bid to hold Chevron, Exxon Mobil and other major oil companies liable for damages to the state's coastal lands that were allegedly caused by World War II-era oil production activities.
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June 16, 2025
Fla. Justices To Weigh 'Blindfolded' Jury Selection Procedure
The Florida Supreme Court has agreed to consider whether a so-called blindfolded jury selection method was fair to a man serving a life sentence for a murder conviction.
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June 16, 2025
Winery Can't Overcome Ex-Atty's 'Negligence' In Noise Suit
The Pennsylvania Superior Court held in a precedential ruling that the negligence of a winery's former counsel in failing to communicate with the winery during litigation over operating in a neighborhood isn't a good enough reason to reverse an order shutting it down.
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June 16, 2025
Convict's Outbursts Didn't Warrant DQ, Conn. Justices Rule
A Connecticut trial court judge acted within his power to consider and then add three criminal contempt sentences to a murder convict's prison term after the defendant hurled a series of racial and profane attacks at the court when a habeas corpus hearing concluded, the state's highest court ruled Monday.
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June 16, 2025
NJ Atty Disciplined For Private Law Work On GC Role Time
A former general counsel for a New Jersey public agency previously fined for ethics breaches has now been censured, with the state Supreme Court issuing the discipline after finding he operated a private law practice out of his office at the agency.
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June 16, 2025
Fla. Judge Denies Ethics Breach Over Fake Recording
A judge in Broward County, Florida, pushed back on ethics charges accusing her of publicly sharing a fabricated recording of a chief judge disparaging another judge in her 2024 election campaign, saying her actions did not violate the Code of Judicial Conduct.
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June 16, 2025
5th Circ. Won't Keep Dish Bias Case Out Of Arbitration
The Fifth Circuit reinstated a Hispanic former Dish Network employee's suit claiming he was forced out in favor of a younger, white worker, but said the case had to remain in arbitration because he hadn't shown an agreement he signed was invalid.
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June 16, 2025
High Court Turns Down Influencer's Jury Right Appeal
The U.S. Supreme Court refused Monday to hear the case of a social media influencer who argued his case deserved to be heard by a jury after he was convicted of a misdemeanor in a bench trial.
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June 16, 2025
High Court Won't Revisit Landmark Religious Freedom Ruling
The U.S. Supreme Court vacated and remanded a case from a Roman Catholic diocese in New York on Monday, bypassing for now the chance to overturn a landmark ruling that restricts First Amendment religious freedom challenges.
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June 16, 2025
High Court Skips Laches Question In Trademark Disputes
The U.S. Supreme Court on Monday declined to take up an appeal that asked if it is proper for courts to adopt state statutes of limitations in trademark disputes to determine whether a party took too long to sue.
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June 16, 2025
Justices Turn Away Merck's Bone Drug Warning Label Row
The U.S. Supreme Court on Monday rejected Merck Sharp & Dohme Corp.'s request to review a Third Circuit decision that more than 1,000 failure-to-warn claims over its osteoporosis drug Fosamax can continue despite the company's assertion that the litigation is barred by federal law.
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June 16, 2025
Justices Deny Challenge To Copyright's 'Discovery Rule'
The U.S. Supreme Court said Monday it will not revisit the so-called discovery rule, rejecting an appeal from a shoe designer who argued the justices needed to clarify whether it's appropriate to bring copyright claims outside the three-year statute of limitations.
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June 16, 2025
Justices Won't Review Ed Sheeran's 'Thinking Out Loud' Win
The U.S. Supreme Court on Monday denied a petition to review a ruling finding that Ed Sheeran's hit song "Thinking Out Loud" did not rip off Marvin Gaye's "Let's Get It On."
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June 16, 2025
Justices Take Up NJ Anti-Abortion Group's Subpoena Fight
The U.S. Supreme Court on Monday agreed to review the Third Circuit's dismissal of an anti-abortion pregnancy center's federal lawsuit challenging a subpoena from the New Jersey attorney general demanding information about its donors.
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June 16, 2025
High Court Skips NexStep's Patent Fight With Comcast
The U.S. Supreme Court on Monday rejected NexStep Inc.'s bid to revive its patent suit against Comcast in a case that had implicated patent law's doctrine of equivalents.Â
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June 16, 2025
Justices Again Refuse To Hear Trading Tech's Patent Case
The U.S. Supreme Court on Monday refused to reconsider its April decision not to hear Trading Technologies' appeal seeking to boost its $6.6 million trading patent win after the company claimed new developments and patent eligibility legislation warranted taking the case.
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June 13, 2025
7th Circ. Won't Revive RICO Claims Against Blood Test Co.
A group of pilots and other people required to undergo alcohol screening for their employment cannot pursue their Racketeer Influenced and Corrupt Organization Act claims against a drug testing company, the Seventh Circuit ruled Friday after finding that the complaint doesn't adequately tie the plaintiffs' injuries to the alleged fraudulent scheme.
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June 13, 2025
9th Circ. Allows ConocoPhillips Project To Proceed, For Now
The Ninth Circuit on Friday held that the U.S. Bureau of Land Management must reconsider a small part of its approval for the controversial ConocoPhillips Willow oil and gas project, though it stopped short of vacating existing approvals for the Arctic energy development and allowed the project to proceed.
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June 13, 2025
NY Supreme Court Bars ICE Office At Rikers, For Now
The New York Supreme Court on Friday blocked New York City Mayor Eric Adams from letting U.S. Immigration and Customs Enforcement open up an office at Rikers Island, saying that there was a "real and imminent risk" immigrant communities would lose trust in the city's government institutions absent an injunction.
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June 13, 2025
DC Circ. Knocks NLRB For 'Irrational' Impasse Analysis
The D.C. Circuit on Friday rejected the National Labor Relations Board's conclusions that a quarry operator unlawfully threatened to stop contributions to a pension fund for unionized workers, finding the board's "legal analysis is irrational" about whether the parties were at an impasse.
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June 13, 2025
10th Circ. Affirms Expert DQ In Sig Sauer Gun Discharge Suit
Gunmaker Sig Sauer Inc. scored a win at the Tenth Circuit on Friday with the panel disqualifying two experts who were ready to testify that its P320 pistol was defectively designed, giving the company an appeals court ruling to lean on as it continues to fend off a rash of suits claiming the gun fires unintentionally.
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June 13, 2025
$1.6M Verdict Should've Been Trimmed Sooner, NJ Panel Says
A New Jersey trial court should've reduced a $1.6 million jury verdict to $200,000 sooner in an automobile accident dispute after the plaintiff told both the trial judge and judge in the defendant's bankruptcy proceedings he would seek only $200,000, a state appeals court ruled Friday.
Expert Analysis
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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A Closer Look At Money Laundering Sentencing Issues
Federal money laundering cases are on the rise, often involving lengthy prison sentences for defendants who have little to no criminal history, but a closer look at the statistics and case law reveal some potentially valuable arguments that defense attorneys should keep in their arsenal, says Sarah Sulkowski at Gelber & Santillo.
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Justices Likely To Issue Narrow Ruling In $1.3B Award Dispute
After last week's argument in Devas v. Antrix, the Supreme Court appears likely to reverse the holding that minimum contacts are required before a federal court may exercise personal jurisdiction over a foreign state and remand the case for further litigation on other important constitutional questions, say attorneys at Cleary.Â
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Pleading Rules At Stake In High Court Hamas Banking Case
While a case between victims of Hamas terrorist attacks and a Lebanese bank, recently argued before the U.S. Supreme Court, appears to ask a narrow question of which civil procedure rules apply to requests to reopen final judgments, how the justices rule could drastically change pleading strategies for future plaintiffs, say attorneys at Dorsey & Whitney.
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What's At Stake In High Court Transgender Care Suit
The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.
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Considerations As Trump Admin Continues To Curtail ÃÛÌÒÊÓÆµ
Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.
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6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'
The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.
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NCAA Rulings Signal Game Change For Athlete Classification
A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.
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Copyright Ruling Could Extend US Terminations Worldwide
If upheld on appeal, Vetter v. Resnik, a recent ruling from a Louisiana federal court, could extend the geographical scope of U.S. copyright termination rights to foreign territories, say attorneys at Manatt.
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Recent Cases Clarify FCA Kickback Pleading Standards
Two recently resolved cases involving pharmaceutical manufacturers may make it more difficult for False Claims Act defendants facing kickback scheme allegations to get claims dismissed for lack of evidence, say Li Yu at Bernstein Litowitz, Ellen London at London & Noar, and Gregg Shapiro at Gregg Shapiro Law.
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Bankruptcy Ruling Provides Guidance On 363 Asset Sales
HE v. Avadim Holdings, a recent ruling from the District of Delaware, underscores the principle that rejection of executory contracts does not unwind completed transfers of property and the importance of clear and precise language in sale orders and asset purchase agreements in bankruptcy cases, say attorneys at Eversheds Sutherland.
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FLSA Ruling Shows Split Over Court Approval Of Settlements
A Kentucky federal court's recent ruling in Bazemore v. Papa John's highlights a growing trend of courts finding they are not required, or even authorized, to approve private settlements releasing Fair Labor Standards Act claims, underscoring a jurisdictional split and open questions that practitioners need to grapple with, say attorneys at Vedder Price.
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Dewberry Ruling Is A Wakeup Call For Trademark Owners
The U.S. Supreme Court's decision in Dewberry v. Dewberry hones in on the question of how a defendant's affiliates' profits should be treated under the Lanham Act, and should remind trademark litigants and practitioners that issues involving monetary relief should be treated seriously, say attorneys at Finnegan.
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A Look At The Student Loan Case Pending At Supreme Court
The Trump administration is likely to drop the U.S. Supreme Court case of U.S. Department of Education v. Career Colleges and Schools of Texas after its review of the 2022 borrower defense to repayment rule, but any outcome will be significant for institutions participating in programs covered by Title IV of the Higher Education Act, say attorneys at Duane Morris.
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When Reincorporation Out Of Del. Isn't A Good Idea
While recent high-profile corporate moves out of Delaware have prompted discussion about the benefits of incorporation elsewhere, for many, remaining in the First State may be the right decision due to its deep body of business law, tradition of nonjury trials and other factors, say attorneys at Goodwin.