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Appellate
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July 07, 2025
Annoyed Fed. Circ. Judge Unsure Where To Land In Drug Row
An irascible Federal Circuit judge chewed out both sides of the aisle Monday morning during arguments over a generic endocrine disorder drug, and although she accused one attorney of "beating a straw man to death," the judge said she still wasn't sure how she would decide the appeal.
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July 07, 2025
5th Circ. Says Apple Didn't Suppress Union In NYC
The Fifth Circuit on Monday reversed the National Labor Relations Board's ruling that Apple illegally interrogated a leader of a Manhattan store organizing campaign and confiscated union flyers, saying the manager's questions were benign and the confiscations were routine tidying.
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July 07, 2025
Fed. Circ. Digs Into Domestic Industry For Apple Watch Appeal
A Federal Circuit panel on Monday struggled with how to meet domestic industry requirements needed for the U.S. International Trade Commission to issue import bans, as it evaluated the agency's high-profile decision to keep certain Apple Watches out of the U.S.
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July 07, 2025
Pittsburgh Post-Gazette Says NLRB Can't Dictate Business
The publisher of the Pittsburgh Post-Gazette told the Third Circuit Monday that the National Labor Relations Board was impermissibly dictating business decisions for the struggling newspaper when it ruled the paper's contract proposals were unacceptable and made in bad faith.
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July 07, 2025
Ioengine Wants Fed. Circ. To Rethink IPR Estoppel Ruling
Ioengine LLC on Monday urged the Federal Circuit to rethink a panel's decision backing a jury's invalidation of its flash drive patents for being publicly available, saying the decision would upend a balance meant to protect patent owners against repetitive legal attacks.
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July 07, 2025
11th Circ. Backs Fla. County In Firing Over Anti-Gay Blog
The Eleventh Circuit has affirmed a lower court decision tossing a lawsuit brought by a former Miami-Dade County communications aide who was fired for authoring a transphobic and anti-gay blog post, ruling the county's interest in effectively fulfilling its responsibilities outweighed the aide's free speech rights.
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July 07, 2025
Progressive Gets Car Value Class Cert. Overturned At 3rd Circ.
The Third Circuit on Monday reversed a lower court's decision to certify classes of Pennsylvania drivers who accuse Progressive Insurance units of breaching their contracts by systematically underestimating the actual cash value of their totaled cars, finding that the lower court misapplied the standard to determine whether common issues predominate.
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July 07, 2025
Biggest Illinois Decisions Of 2025 So Far: A Midyear Report
State and federal courts have handed down rulings in Illinois cases so far this year that have clarified standing for data breach actions in the state's courts, affirmed coverage for attorney fees and costs paid as part of a settlement, and deemed insufficient a jury instruction frequently given in Illinois personal injury cases. Here's a breakdown of some of the biggest decisions courts have handed down in Illinois cases so far in 2025.
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July 07, 2025
Personal Injury & Med Mal Cases To Watch In 2nd Half Of 2025
The social media addiction multidistrict litigation against the biggest tech companies and a U.S. Supreme Court case regarding state medical malpractice lawsuit requirements are among the cases injury and malpractice attorneys will be following closely in the second half of 2025.
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July 07, 2025
Fed. Circ. Ponders If PTAB Developments Save 'Veto' Rule Suit
A Federal Circuit judge wondered Monday if developments concerning the U.S. Patent and Trademark Office director's discretionary denial process could breathe new life into advocacy groups' fight for a "veto" for small business patent owners defending themselves at the Patent Trial and Appeal Board.Â
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July 07, 2025
11th Circ. Backs UBS' $6.5M Arbitration Win
The Eleventh Circuit has rejected a Puerto Rican man's bid to vacate a roughly $6.5 million arbitration award given to UBS Financial Services Inc. that stems from a long-running account contract dispute, finding there was no misconduct in the proceedings.
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July 07, 2025
4th Circ. Revives SC Builder's Bid For Condo Repair Coverage
A Charleston builder will get a second chance at recouping the money it spent repairing a condo complex that flooded after the Fourth Circuit on Monday partially vacated a pretrial win favoring its insurer, finding there are still unanswered questions about whether certain costs might be covered under its policy.
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July 07, 2025
Feds Tell 9th Circ. Ayahuasca Church Not Owed $2M In Fees
Federal officials told the Ninth Circuit on Monday that a Phoenix-based church that reached an agreement with the government to use the psychedelic ayahuasca in religious ceremonies was not entitled to more than $2 million in attorney fees.
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July 07, 2025
Mich. Top Court Won't Hear COVID-19 Immunity Appeal
A split Michigan Supreme Court has decided to leave in place an appellate panel's ruling that a state pandemic-response law shields a hospital from malpractice and negligence claims brought by a woman who was admitted for COVID-19-related stress, with dissenting justices saying they have concerns with the lower court's rationale.
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July 07, 2025
Texas Appeals Court Finds $50M Dubai Judgment Was Unfair
A Texas appeals court has found that a $50 million judgment issued by a United Arab Emirates court system against executives who allegedly fled the country after committing fraud could not stand under state law, saying the UAE court system never provided the executives adequate notice.
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July 07, 2025
EPA, Enviro Orgs. Fight Over 'Big Bill's' Impact On Funding Case
Green groups fighting to reclaim grant funding frozen by the U.S. Environmental Protection Agency asked the D.C. Circuit on Monday to reject the agency's argument that Congress's recent tax and policy bill means their lawsuit should be dismissed.
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July 07, 2025
8th Circ. Won't Rehear ND Tribe's Voting Rights Dispute
The Eighth Circuit won't rehear a bid by two North Dakota tribes to overturn its decision that vacated their challenge to two of the state's voting laws after the panel found that provisions of the Voting Rights Act don't give private citizens the right to sue over dilution claims.
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July 07, 2025
Crypto Group, Treasury Drop 11th Circ. Tornado Cash Case
Crypto think tank Coin Center Inc. and the U.S. government have ended their battle over the Biden-era blacklisting of Tornado Cash now that the U.S. Treasury Department has removed the crypto mixing service from its list of blocked entities and a federal judge has deemed the designation unlawful.
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July 07, 2025
Split 5th Circ. Upholds Block Of Texas' Migrant Arrest Law
A split Fifth Circuit panel left intact a district court order blocking the enforcement of a Texas law that allows state officials to arrest people suspected of crossing the border unlawfully and empowers local judges to order their removal.
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July 07, 2025
Newark Property Buyer Wins Appeal Over Axed $32.8M Sale
A New Jersey appellate panel on Monday upheld a trial court's ruling that a real estate investment firm properly terminated its $32.8 million purchase agreement for a mixed-use building in Newark after receiving a noncompliant estoppel certificate from one of the tenants, rejecting the seller's argument that the certificate's deficiencies were immaterial.
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July 07, 2025
Mich. Justices Say PIP Claims Can Be Revived After Transfer
Michigan's highest court has determined that those who transfer legal claims over personal injury protection benefits to third parties may still be able to pursue those claims in court if they are later transferred back, ruling against Progressive and a public transit authority.
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July 07, 2025
Energy Co. Says $7.6M Award Result Of 'Classic' Contract Law
An energy company that ended a contract with a Houston Ship Channel facility over a lack of dock space is asking an appeals court to back its $7.6 million award, writing that the lack of availability was a clear violation of its original agreement.
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July 07, 2025
Biggest Enviro Cases To Watch In 2025: Midyear Report
Law360 previews the lawsuits environmental attorneys will be watching closely during the second half of 2025, including the Trump administration's challenge to states' efforts to slow climate change, a lawsuit seeking to continue federal funding for climate change projects and product liability cases over forever chemicals in consumer goods.
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July 07, 2025
Non-Attys Eyed To Tackle Civil Justice Gap In Ga. Pilot
A Georgia Supreme Court committee has proposed the state start a pilot program to train non-attorneys to handle some legal tasks in evictions and other housing cases and consumer-debt matters, saying this "'assisted pro se' model" would improve rural and low-income people's access to civil legal services.
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July 07, 2025
Fed. Circ. Affirms Cisco's Defeat Of $371M Patent Suit
The Federal Circuit on Monday declined to revive software company Egenera's $371 million patent lawsuit against Cisco, affirming lower court findings that the communications giant didn't infringe.
Expert Analysis
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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.
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Opinion
Legacy Of 3 Justices Should Guide Transgender Rights Ruling
Three Republican-appointed U.S. Supreme Court justices — Anthony Kennedy, Sandra Day O'Connor and David Souter — gave rise to a jurisprudence of personal liberty that courts today invoke to protect gender-affirming care, and with the court now poised to decide U.S. v. Skrmetti, it must follow the path that they set, says Greg Fosheim at McDermott.
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How IPR Estoppel Ruling May Clash With PTAB Landscape
Though the Federal Circuit's narrowing of inter partes review estoppel in Ingenico v. Ioengine might encourage more petitions, tougher standards for discretionary denial established by the U.S. Patent and Trademark Office could be a counterbalancing factor, say attorneys at Troutman Pepper.
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Texas Ruling Emphasizes Limits Of Franchisors' Liability
The Texas Supreme Court's recent ruling in Massage Heights Franchising v. Hagman, holding that a franchisor was not liable to a customer for the actions of a franchisee's employee, helps clarify the relative roles and responsibilities of the parties in such situations — and the limits of franchisors' duty of care, say attorneys at Polsinelli.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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Justices' Charter School Tie Delays Church-State Reckoning
The U.S. Supreme Court’s recent deadlock in Oklahoma Statewide Virtual Charter School Board v. Drummond, blocking the creation of the nation’s first religious charter school, preserved the separation of church and state for now, but offered little reassurance about its continued viability, says Jeffrey Sultanik at Fox Rothschild.