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Appellate
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July 24, 2025
Ky. Clerk Seeks To Overturn Marriage Equality Ruling
A Kentucky clerk who made international headlines for refusing to issue marriage licenses in protest of the legalization of same-sex marriage asked the U.S. Supreme Court on Thursday to overturn its 2015 marriage equality decision after she unsuccessfully tried to shake a civil judgment against her.
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July 24, 2025
Panel OKs Atty As Expert In 'Vanishingly Rare' Med Mal Suit
A Texas appellate court said Thursday that allegations that a hospital negligently discharged a newborn to adoptive parents can be considered a medical malpractice claim, but said a family law attorney can also serve as an expert witness in a "vanishingly rare" case where an expert needn't be a physician.
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July 24, 2025
Feds Say 9th Circ. Order Supports Nixing Delay Of TPS End
The U.S. Department of Justice told the Ninth Circuit it can hear an immediate appeal of a district court's decision postponing the Trump administration's termination of temporary protected status for Venezuelans, citing a recent decision from the appeals court narrowing an injunction in a separate case.
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July 24, 2025
NY Court Bars Monitoring Of Domestic Violence Survivors
A New York state appellate court held Thursday that the Family Court acted unlawfully in placing a mother under the supervision of New York City's child welfare agency just because she has experienced domestic abuse, further curtailing a controversial practice that's already banned elsewhere in the state.
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July 24, 2025
9th Circ. Urged Not To Let $1.3B India Award Suit Drag On
Weeks after the U.S. Supreme Court overturned an outlier Ninth Circuit decision refusing to enforce a $1.3 billion arbitral award against India, an Indian satellite communications company's shareholders are now urging the circuit court to minimize or nix briefing on issues left open by the justices.
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July 24, 2025
Pa. Court Backs Use Of DNA From Trash In 1995 Rape Case
The Pennsylvania Superior Court on Thursday upheld the use of a John Doe warrant and decades-delayed DNA testing to identify and convict a man in 2024 for the violent rape of a Penn State student in 1995, saying in the precedent-setting opinion that police were allowed to collect DNA evidence from the man's trash years later.
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July 24, 2025
IRS Can Levy Religious Group's Property, Split 9th Circ. Says
The IRS can impose a lien on an Arizona residential property held by a religious organization to collect unpaid taxes owed by a bankrupt couple who had decision-making authority over the entity's finances and bank account, a divided Ninth Circuit ruled Thursday.
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July 29, 2025
CORRECTED: Nonprofit Attys Get OK To Appear In Yale Defamation Suit
The Connecticut Appellate Court on July 23 allowed six out-of-state attorneys representing special interest groups to appear in an appeal questioning whether an unapproved amicus brief in a separate case defamed an acquitted ex-Yale student.
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July 24, 2025
Insurer Asks 4th Circ. To Nix $1.1M Roof Damage Verdict
An insurer specializing in covering religious organizations asked the Fourth Circuit to set aside a $1.1 million jury verdict it faces over roof damage that a North Carolina church said was caused by snow, arguing the lower court's jury instructions adopted the wrong causation standard.
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July 24, 2025
NJ Attys Warn RICO Case Revival Would 'Chill' Lawyering
The New Jersey State Bar Association told a Garden State appellate court that lawyers across the state will be chilled from zealously advocating for their clients if it revives the state's racketeering indictment against two politically connected attorneys, making it the second attorney advocacy group to file a proposed amicus curiae brief in the case.
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July 24, 2025
Ex-Calif. Judge Says 'Trying To Do Too Much' Led To Backlog
A former California state appellate justice said health problems and a strong work ethic harmed his ability to handle his caseload quickly, leading to delays in hundreds of cases that precipitated ethics charges, telling a watchdog he "can only be faulted for trying to do too much under the circumstances."
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July 24, 2025
Senate Tees Up Vote On Emil Bove To 3rd Circ.
The Senate voted 50-48 on Thursday to tee up the confirmation of Emil Bove to the Third Circuit, which will likely happen next week.
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July 24, 2025
High Court Hits Pause On 8th Circ. Voting Rights Order
The U.S. Supreme Court on Thursday paused an Eighth Circuit order to vacate two North Dakota tribes' challenge to two of the state's voting laws that they allege will silence the state's Indigenous voters and disenfranchise millions across seven Midwestern states.
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July 24, 2025
Dish Network Can't Get Redo In $3.5M Auto Crash Suit
A New Jersey appeals panel won't let Dish Network Service LLC get a retrial following a $3.5 million verdict in favor of a woman grievously injured in a collision involving one of its drivers, rejecting its argument that the evidence didn't support the verdict.
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July 24, 2025
Chamberlain Hrdlicka Wins Bid To Arbitrate Malpractice Claim
Chamberlain Hrdlicka White Williams & Autry PC won a Texas state appellate decision Thursday forcing a former client to arbitrate his claims that the firm's alleged malpractice over a business restructuring ultimately cost him millions in a divorce.
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July 24, 2025
Fed. Circ. Backs Snap, Meta, X Win Over Xerox Patent
Xerox on Thursday lost its attempt to restore claims in a patent for providing personalized content to users after the Federal Circuit backed a Patent Trial and Appeal Board finding that Meta, X and Snap were able to show the claims were invalid.
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July 24, 2025
3rd Circ. Rules Philly Injection Site Equals Religious 'Person'
A nonprofit battling government resistance to its planned safe drug injection site in Philadelphia can qualify for religious freedom protections, the Third Circuit said in a precedential opinion on Thursday, reasoning the organization meets the definition of a "person" practicing religion.
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July 24, 2025
5th Circ. Tells School District To Rehire Fired Worker
The Fifth Circuit said an ex-maintenance worker who won his wrongful termination suit against a school district should be reinstated, faulting the lower court for finding that he couldn't be given a job because his previous position had been filled.
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July 24, 2025
NC Urges 4th Circ. Not To Block Vape Regs During Appeal
North Carolina officials are urging the Fourth Circuit to deny a bid by vape interests to block enforcement of a new state vaping regulation while they appeal their case, saying the plaintiffs have already tried, and failed, three times to show they deserve an injunction.
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July 23, 2025
9th Circ. Upholds Birthright Citizenship EO Injunction
The Ninth Circuit on Wednesday affirmed a lower court's preliminary injunction blocking President Donald Trump's executive order limiting birthright citizenship in a legal challenge by four states, ruling in a published opinion that Trump's order contradicts the "plain language" of the 14th Amendment's citizenship clause.
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July 23, 2025
8th Circ. Hands MyPillow CEO Win In 'Prove Mike Wrong' Fight
The Eighth Circuit on Wednesday unwound a software developer's success in forcing Mike Lindell to pay up on the $5 million "Prove Mike Wrong Challenge" by showing the MyPillow CEO was wrong about the 2020 presidential election, saying an arbitration panel overstepped in awarding the prize money.
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July 23, 2025
Apple Beats Consumer Suit Over ICloud Storage At 9th Circ.
A Ninth Circuit panel affirmed Wednesday the dismissal of a proposed class action claiming Apple misled consumers about how much iCloud storage they were getting, finding that no reasonable person would expect the 200GB plan she bought would stack on top of Apple's free 5GB and that Apple's conduct wasn't deceptive.
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July 23, 2025
Full Fed. Circ. Won't Disturb Machine Learning Patent Ruling
The full Federal Circuit on Wednesday declined to reconsider its first-ever patent eligibility decision involving machine learning, leaving in place a panel's April findings that applying established machine learning methods to a new area cannot be patented.
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July 23, 2025
9th Circ. Clarifies Bored Ape NFTs Are Trademarkable Goods
The Ninth Circuit issued a significant ruling for digital asset creators Wednesday finding that Yuga Labs' Bored Ape Yacht Club nonfungible tokens are protectable "goods" under federal law, while also reversing Yuga Labs' $8 million summary judgment win and ruling that a jury must decide whether rival NFTs confuse consumers.
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July 23, 2025
Hinshaw Must Face Malpractice Suit, Fla. Panel Says
A Florida appeals panel overturned Wednesday a lower court decision favoring Hinshaw & Culbertson LLP in a malpractice claim brought by a pilot safety training company, ruling that the company didn't abandon its claims by settling an underlying arbitration.
Expert Analysis
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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How High Court's Cornell Decision Will Affect ERISA Suits
The U.S. Supreme Court's recent decision in Cunningham v. Cornell, characterizing prohibited transaction exemptions as affirmative defenses, sets the bar very low for initiating Employee Retirement Income Security Act litigation, and will likely affect many plan sponsors with similar service agreements, says Carol Buckmann at Cohen & Buckmann.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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2nd Circ. Ruling May Aid Consistent Interpretation Of ADA
In Tudor v. Whitehall Central School District, the Second Circuit joined the majority of circuits by holding that an employee's ability to perform their job without an accommodation does not disqualify them from receiving one, marking a notable step toward uniform application of the Americans with Disabilities Act nationwide, says Michelle Grant at Wilson Elser.
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EPA's Proposed GHG Reform Could Hinder Climate Regulation
The Trump administration will reconsider the U.S. Environmental Protection Agency's landmark 2009 greenhouse gas endangerment finding, which could leave the U.S. federal government with no statutory authority whatsoever to regulate climate change or greenhouse gas emissions, says David Smith at Manatt.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.
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Fed. Circ. In March: Forfeiting Claim Construction On Appeal
The Federal Circuit's decision in Wash World v. Belanger last month confirms the importance of fair notice to the district court when determining forfeiture of an argument on appeal in the context of patent claim construction, allowing appellants to better gauge the appropriate framing of arguments that may be presented, say attorneys at Knobbe Martens.
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1st Circ. Ruling May Slow SEC Retail Investment Advice Cases
The First Circuit's recent ruling, finding the U.S. Securities and Exchange Commission did not substantiate its $93.3 million fine against a retail investment adviser, may raise the threshold on materiality findings in these cases and add a speed bump resulting in fewer such actions, say attorneys at Weil.
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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6 Criteria Can Help Assess Executive Branch Actions
With new executive policy changes announced seemingly every day, several questions can help courts, policymakers and businesses determine whether such actions are proper, effective and in keeping with our democratic norms, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.
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Fed Circ.'s PTAB Ruling Highlights Obsolete Rationale
The Federal Circuit's recent decision in In re: Riggs shines a new light on its 2015 decision in Dynamic Drinkware v. National Graphics, and raises questions about why the claim support requirement established by Dynamic Drinkware exists at all, say attorneys at Patterson Belknap.
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Traversing The Shifting Sands Of ESG Reporting Compliance
Multinational corporations have increasingly found themselves between a rock and a hard place attempting to comply with EU and California ESG requirements while not running afoul of expanding U.S. anti-ESG regimes, but focusing on what is material to shareholder value and establishing strong governance can help, say attorneys at MoFo.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools
Amid multiple recent civil complaints alleging antitrust violations by providers and users of algorithmic pricing tools, such as RealPage and Yardi, digital-era measures should feature prominently in corporate compliance programs, including documentation of pro-competitive benefits and when to use disclosures, say attorneys at Morgan Lewis.