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Appellate

  • July 14, 2025

    Ga. Judge Calls Atty 'Unworthy Of Belief' As Ethics Case Ends

    A Georgia superior court judge facing ethics charges on Monday urged the state's judicial watchdog to either privately reprimand or suspend her for no more than 30 days if it decides punishment is needed in the case brought against her by the state's Judicial Qualifications Commission. 

  • July 14, 2025

    TV Reporter Fights Town's Appeal After Broken Leg Trial Win

    A television reporter whose leg was broken when he was allegedly hit by a public power employee's truck in the parking lot of a town hall has urged North Carolina's highest court to uphold a jury verdict finding that his injury was a result of the town worker's negligence.

  • July 14, 2025

    11th Circ. Won't Reexamine Sentence Of Convicted Fla. Atty

    The Eleventh Circuit has rejected a Florida lawyer's request to reconsider her 75-month prison sentence for a COVID-19 loan fraud scheme.

  • July 14, 2025

    Mich. Justices Say GOP Can Challege Poll Worker Imbalance

    The Michigan Republican Party can sue to enforce a rule about the political makeup of poll workers, the Michigan Supreme Court said Monday, reversing a lower court's ruling.

  • July 14, 2025

    Supreme Court Clears Way For Education Dept. Layoffs

    The U.S. Supreme Court on Monday lifted a Massachusetts federal judge's order halting massive job cuts at the U.S. Department of Education, allowing the Trump administration to move forward with firing nearly 1,400 employees.

  • July 14, 2025

    End Of NJ Municipal Court Official's Harassment Suit Upheld

    A former New Jersey municipal court administrator cannot sue the state Administrative Office of the Courts in a sexual harassment case because she was never an employee of the office, the state Appellate Division said Monday in a published opinion.

  • July 14, 2025

    Ex-NFL Player Asks 5th Circ. To Keep $1.86M Fee Award Intact

    The National Football League's retirement plan had a chance to appeal a $1.86 million award of attorney fees to former running back Michael Cloud three years ago in his disability benefits suit, but it chose not to do so, Cloud told the Fifth Circuit in his pushback against the plan's latest appeal.

  • July 14, 2025

    Calif. Panel Keeps Charter PAGA Case Out Of Arbitration

    Charter Communications can't arbitrate an employee's Private Attorneys General Act suit because parts of the arbitration agreement are "unconscionable," a California appeals panel ruled, relying on the state Supreme Court's decisions addressing the same pact.

  • July 14, 2025

    Ex-Seward & Kissel Partner Joins EDNY As 1st Asst. US Atty

    U.S. Attorney Joseph Nocella Jr. announced Monday he has selected a former federal prosecutor and Seward & Kissel LLP partner to serve as first assistant U.S. attorney for the Eastern District of New York.

  • July 14, 2025

    2nd Circ. Won't Let UBS Arbitrate Fund Mismanagement Suit

    The Second Circuit on Monday affirmed a New York federal judge's decision rejecting UBS' bid to send a charitable trust's mismanaged funds suit to arbitration, finding that the bank knowingly relinquished the right to arbitrate "by acting inconsistently with that right."

  • July 14, 2025

    Calif. Panel Upends Arbitration Pact In Worker's Firing Suit

    A Charter Communications worker's wrongful termination suit should not have been sent to arbitration, a California appeals court said, after finding the company's alternative dispute resolution pact held one-sided provisions and made it difficult for employees to opt out.

  • July 11, 2025

    Meta Asks 9th Circ. To Bar Zuckerberg Depo In Privacy Suit

    Meta Platforms CEO Mark Zuckerberg is turning to the Ninth Circuit to free him from having to give a limited deposition in privacy litigation over a Facebook tool's alleged collection of patient health information, arguing that district courts are "deeply divided" on how to decide whether to allow executive depositions.

  • July 11, 2025

    Fla. Disinfectant Co. Seeks Stay From $5M Canada Judgment

    A Florida disinfectant company asked a state civil court to stay enforcement of a $5.1 million Canadian judgment over breaching a contract for electronic parts supplied during the COVID-19 pandemic, arguing the order was appealed and that the contract was obtained without approval. 

  • July 11, 2025

    4th Circ. Tosses Ex-Baltimore Prosecutor's Fraud Conviction

    A split Fourth Circuit on Friday tossed the mortgage fraud conviction of former Baltimore City State's Attorney Marilyn Mosby, finding that the jury was improperly instructed on where the crime occurred, but upheld her perjury conviction.

  • July 11, 2025

    DC Circ. Allows Gov't To Undo 9/11 Plea Deals

    A D.C. Circuit panel ruled on Friday that former Defense Secretary Lloyd Austin acted within the bounds of his legal authority when he yanked back plea deals from a trio of 9/11 co-conspirators that had already been signed.

  • July 11, 2025

    6th Circ. Tosses Arbitration Denial In FCA Minivan Fire MDL

    A Michigan federal judge flubbed it when he denied Fiat Chrysler's bid to push into arbitration some of the plug-in hybrid minivan drivers who claim in multidistrict litigation that their vehicles could spontaneously explode, the Sixth Circuit ruled Thursday, saying the judge tipped the scales against the automaker by raising arguments the drivers hadn't mentioned.

  • July 11, 2025

    5th Circ. Cites Expert Errors In Rejecting BP Spill Sinus Claims

    The Fifth Circuit has ended a cleanup worker's toxic tort lawsuit against BP Exploration & Production Inc. claiming he suffered sinus issues from cleaning up the 2010 Deepwater Horizon spill, saying his experts' testimony, some of which was riddled with errors, was properly ejected by the trial court.

  • July 11, 2025

    Colo. Court Mostly Backs Coal Mine In Water Permit Dispute

    A Colorado appeals court said that most of the stormwater discharges produced by a mining company in Gunnison County do not require a permit, reversing lower court and administrative judge rulings.

  • July 11, 2025

    Slack Investor Wants 2nd Shot Before High Court

    An investor leading a proposed class action against Slack Technologies LLC is asking the U.S. Supreme Court to finish what it started, petitioning the justices to clarify a point they declined to rule on two years ago when they limited investors' ability to sue newly public companies.

  • July 11, 2025

    4th Circ. Backs 'GT Racing' Gaming Chair Social Media Block

    The Fourth Circuit on Friday upheld a lower court's decision blocking gaming chair company Wudi Industrial from using the trademark "GT Racing" in its social media accessible in European countries for certain goods.

  • July 11, 2025

    Courts Face Early Push To Expand Justices' Injunction Ruling

    In the two weeks since the U.S. Supreme Court curtailed federal judges' ability to issue universal injunctions, Trump administration attorneys have begun pushing to expand the decision's limits to other forms of relief used in regulatory challenges and class actions. So far, judges don't appear receptive to those efforts. 

  • July 11, 2025

    Success Tricking FDA Shouldn't Protect Merck, Justices Told

    Physicians asked the U.S. Supreme Court to review a decision immunizing Merck & Co. from antitrust claims over submissions it made to federal regulators over its mumps vaccine, arguing the Third Circuit went far beyond its peers in holding that deceiving the government isn't illegal if the deception worked.

  • July 11, 2025

    Fed. Circ. Questions Patent Ownership After J&J's $20M Loss

    The Federal Circuit appeared somewhat skeptical Friday that an orthopedic surgeon held onto the rights of knee replacement patents that he disputably assigned elsewhere, which would endanger the $20 million infringement verdict he won against a Johnson & Johnson unit.

  • July 11, 2025

    Ohio Panel Orders Resentencing In Firearms Case

    An Ohio appeals panel has upheld the conviction of a Cleveland man convicted of murder and aggravated assault but ordered that he must be resentenced after a state trial court judge incorrectly applied a sentencing enhancement when calculating his prison time.

  • July 11, 2025

    9th Circ. Upholds Feds' Arctic Ringed Seal ESA Protections

    The Ninth Circuit on Friday upheld the federal government's Endangered Species Act protections for Arctic ringed seals and rejected Alaska's effort to roll them back.

Expert Analysis

  • A Closer Look At Money Laundering Sentencing Issues

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    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.

  • Justices Likely To Issue Narrow Ruling In $1.3B Award Dispute

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    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. 

  • Pleading Rules At Stake In High Court Hamas Banking Case

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    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.

  • What's At Stake In High Court Transgender Care Suit

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    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.

  • Considerations As Trump Admin Continues To Curtail ÃÛÌÒÊÓÆµ

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    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.

  • 6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'

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    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.

  • NCAA Rulings Signal Game Change For Athlete Classification

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    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.

  • Copyright Ruling Could Extend US Terminations Worldwide

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    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.

  • Recent Cases Clarify FCA Kickback Pleading Standards

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    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.

  • Bankruptcy Ruling Provides Guidance On 363 Asset Sales

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    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.

  • FLSA Ruling Shows Split Over Court Approval Of Settlements

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    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.

  • Dewberry Ruling Is A Wakeup Call For Trademark Owners

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    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.

  • A Look At The Student Loan Case Pending At Supreme Court

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    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.

  • When Reincorporation Out Of Del. Isn't A Good Idea

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    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.

  • Perspectives

    11th Circ. Ruling Shows How AEDPA Limits Habeas Relief

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    The Eleventh Circuit's recent decision to uphold an Alabama man's death sentence reveals how the Antiterrorism and Effective Death Penalty Act can prevent meaningful review and has eroded the power of habeas corpus petitions by forcing federal courts to pay extraordinary deference to state-level rulings, says Paul Shechtman at Yale Law School.

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