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Featured
Justices Face Busy Summer After Nixing Universal Injunctions
The U.S. Supreme Court's decision to limit nationwide injunctions was one of its biggest rulings of the term — a finding the court is likely going to be dealing with all summer. Here, Law360 takes a look at the decision, how it and other cases on the emergency docket overshadowed much of the court's other work, and what it all means for the months to come.
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August 07, 2025
2nd Circ. Says Trial Atty With Brain Disease Not 'Ineffective'
The Second Circuit on Thursday affirmed the convictions of a former New York City law enforcement union president along with its ex-financial adviser for defrauding members out of $500,000, rejecting among contentions that one defense lawyer's abilities were impaired at trial by a fast-moving neurodegenerative disease.
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August 07, 2025
Trump Admin Asks Justices To Halt ICE Arrest Limits In LA
The Trump administration on Thursday asked the U.S. Supreme Court to pause a California federal court's order temporarily blocking the government from conducting immigration arrests in the Los Angeles area without probable cause, arguing that it threatens officials' ability to enforce immigration laws.
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August 07, 2025
Mass. Court Clairifies Sentencing For Large Capacity Firearms
A Massachusetts appeals court clarified sentencing for unlawful possession of large capacity firearms and feeding devices Thursday, explaining the sentence for a non-licensed offender must have a maximum of at least 2.5 years, ordering resentencing of a man who faced up to one year and one day.
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August 07, 2025
9th Circ. Says Attys Can't Get $920K Fees For $8K Trial Win
The Ninth Circuit affirmed a lower court's decision Thursday to deny a request of over $920,000 in attorney fees from the creator of two strategic problem-solving charts following her jury trial win of $8,000 in a copyright infringement case, saying the district court property articulated the reasons for the denial.
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August 07, 2025
Insurers Say Property Co.'s $7M Ida Claim Must Be Arbitrated
A lower court order forcing a New Orleans property owner to arbitrate its $7 million Hurricane Ida damage claim against its domestic insurers should be reinstated, a group of carriers told the Fifth Circuit on Thursday, saying the New York Convention mandates the enforcement of the policy's arbitration provision.
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August 07, 2025
NY Court Affirms Assault Conviction, But Raises Jury Issue
A man convicted of assaulting a woman in his home with a hammer saw his convictions largely upheld by a New York state appellate court panel Thursday, but dissenting judges said that he deserved a new trial on grounds that an anonymous jury was used improperly.
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August 07, 2025
9th Circ. Revives Homeowners' 'Reverse Mortgage Loan' Suit
A Ninth Circuit panel has revived a proposed class action against a company offering homeowners cash in exchange for a slice of their home equity, finding a Washington couple has shown their arrangement amounted to a reverse mortgage loan subject to special statutory requirements.
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August 07, 2025
Colo. Court Backs Landlord's Right To 'Fees On Fees'
In the first Colorado appellate decision to consider whether a prevailing party may recover attorney fees incurred to enforce a contractual fee-shifting provision, a state appellate panel ruled Thursday that a Denver coffee shop's landlord is entitled to an award of such fees.
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August 07, 2025
Motorola Surveillance App Teed Up For 1st Circ. Review
The First Circuit should decide whether a Motorola app designed to allow police to record calls without informing the person on the other line was illegal in and of itself, said a Massachusetts federal judge overseeing a suit from four men who argue that it was.
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August 07, 2025
7th Circ. Affirms 25-Year Drug Sentence, OKs Voice ID At Trial
The Seventh Circuit on Thursday upheld a narcotics distribution conviction of a former owner of a Texas trucking company whose drug ring transporting hundreds of pounds of cocaine and heroin was discovered after a co-conspirator recorded a call with the man and provided a copy to federal agents.
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August 07, 2025
7th Circ. Affirms ExxonMobil's Win In Ex-Worker's Bias Suit
The Seventh Circuit has upheld summary judgment for ExxonMobil in a discrimination and retaliation suit brought by a former employee, saying that, while it was clear she worked in a "toxic" workplace, her allegations weren't supported by the evidence in the record.
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August 07, 2025
2nd Circ. Says Asylum Status Must Be Current For Green Card
Asylees seeking green cards must maintain their current asylum status when doing so, a split Second Circuit ruled in a published opinion Thursday, saying two individuals from Egypt and Guatemala couldn't seek lawful permanent residency because their asylum statuses had terminated.
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August 07, 2025
Fla. Court Tosses Habeas Bid In Robbery Case
A Florida appeals court has ruled that an indictment in a robbery and assault case cannot be overturned by a self-filed habeas petition from the defendant who claims the charging document lacked sufficient evidence about the date and time of the burglary assault charges.
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August 07, 2025
9th Circ. Backs Seattle's Win In Housing Ordinance Suit
The Ninth Circuit affirmed Seattle's lower court victory against a suit filed by landlords challenging a 2017 city housing law that, among other restrictions, prevents landlords from requiring prospective tenants to disclose whether or not they have criminal records.
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August 07, 2025
4th Circ. Revives Suit Over Threats To Trans Teen At School
A split Fourth Circuit panel on Thursday partially revived a grandmother's suit against the Appomattox County School Board and several of its employees over their handling of her grandchild's apparent gender transition, saying she sufficiently alleged that the school acted with "deliberate indifference" to threats against the child.
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August 07, 2025
6th Circ. Halts FirstEnergy Production Of Bribery Probe Docs
The Sixth Circuit on Thursday prevented shareholders of FirstEnergy Corp. from immediately accessing investigative documents prepared by BigLaw firms in the wake of a $1 billion bribery scandal, ruling that the utility company was likely to succeed in its claims that the disclosures were protected by attorney-client privilege.
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August 07, 2025
5th Circ. Strikes Guatemalan's Reentry Reporting Mandate
A Fifth Circuit panel vacated a condition of a Guatemalan citizen's supervised release that requires him to report to a probation office every time he enters the United States, citing a conflict between the court's oral and written sentencing.
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August 07, 2025
Connecticut Litigation Highlights In The 1st Half Of 2025
Two separate royalty disputes — one $90 million, the other $4 million — involving two giants in the alcoholic beverages market are among the top corporate cases that crossed Connecticut court dockets in the first half of 2025.
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August 07, 2025
5th Circ. Denies Fees For Activision After Call Of Duty TM Win
The Fifth Circuit has found a Texas federal judge did not abuse his discretion when he denied video game publisher Activision's request for attorney fees after defeating a trademark infringement suit brought by a former professional wrestler.
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August 07, 2025
10th Circ. Upholds Okla. Law Banning Trans Care For Minors
The Tenth Circuit declined to block an Oklahoma law banning gender-affirming care for transgender minors, ruling that a recent U.S. Supreme Court opinion backing a similar law from Tennessee undermines state residents' claims that the statute is discriminatory.
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August 07, 2025
GOP States Push 5th Circ. To Rethink Migrant Arrest Ruling
A coalition of 23 Republican-led states urged the Fifth Circuit to rethink its decision upholding the block of a Texas law allowing state officials to arrest people suspected of crossing the border unlawfully, writing that the decision "diminished every state's sovereignty."
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August 07, 2025
False Light Claims Barred After 1 Year, NJ Justices Rule
The New Jersey Supreme Court on Thursday held that false light invasion of privacy claims are subject to a one-year statute of limitations, backing a lower court's decision to toss a Garden State man's suit over comments that he dealt drugs to high school students.
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August 07, 2025
5th Circ. Sends Refinery Biofuel Exemption Fight To DC Circ.
A Fifth Circuit panel on Thursday sent a string of small refinery cases challenging the U.S. Environmental Protection Agency's denial of renewable fuel blending requirement waivers over to the D.C. Circuit.
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August 07, 2025
NJ Panel Restores Infant Death Suit Over Alleged Misdiagnosis
A New Jersey state appeals court on Thursday revived a medical malpractice lawsuit filed by the parents of a 3-week-old infant who died just hours after being discharged from a hospital, finding the trial court wrongly excluding expert testimony that could support claims of misdiagnosis and improper care by multiple healthcare providers.
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August 07, 2025
Federal Courts Disclose New Cyberattacks On PACER System
The federal judiciary on Thursday disclosed there have been escalating cyberattacks on its case management system, putting sealed and sensitive case documents at risk, and that it is taking steps to strengthen its security.
Editor's Picks
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How GOP Judges Teed Up 4th Circ.'s Supreme Court Shutout
No appeals court found the U.S. Supreme Court's latest term less endearing than the Fourth Circuit, where a supersize shutout accentuated a multiyear slump for the once-favored circuit and repeatedly vindicated conservative dissenters on the left-leaning bench.
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Circuit-By-Circuit Recap: Justices Send Message To Outliers
It was a tough term at the U.S. Supreme Court for two very different circuits — one solidly liberal, one solidly conservative — that had their rulings overturned in eye-popping numbers. But it was another impressive year for a relatively moderate circuit that appears increasingly simpatico with the high court.
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The Funniest Moments Of The Supreme Court's Term
After justices and oral advocates spent much of an argument pummeling a lower court's writing talents, one attorney suggested it might be time to move on — only to be told the drubbing had barely begun. Here, Law360 showcases the standout jests and wisecracks from the 2024-25 U.S. Supreme Court term.
Expert Analysis
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Cos. Must Tailor Due Diligence As Trafficking Risks Increase
As legislators, prosecutors and plaintiffs attorneys increasingly focus on labor and sex trafficking throughout the U.S., companies must tailor their due diligence strategies to protect against forced labor trafficking risks in their supply chains, say attorneys at Steptoe.
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Unpacking The Supreme Court's Views On Judgment Finality
The U.S. Supreme Court's June opinion in BLOM Bank SAL v. Honickman reaffirmed that the bar for reopening a final judgment remains exceptionally high — even when the movant seeks to amend their complaint based on a new legal development, say attorneys at Venable.
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Asbestos Ruling Cements All Sums Coverage Precedent In SC
With its recent decision in Protopapas v. Travelers, the South Carolina Court of Appeals becomes the highest court in South Carolina to adopt the all sums allocation approach for long-tail claims, providing key appellate precedent to support policyholders' efforts to maximize their coverage, say attorneys at Anderson Kill.
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M&A Ruling Reinforces High Bar For Aiding, Abetting Claims
The Delaware Supreme Court's recent decision in In re: Columbia Pipeline may slow the filing of aiding and abetting claims against third-party buyers in situations where buyers negotiate aggressively, putting buy-side dealmakers' minds at ease that they likely won't be liable for seeking the best possible deal, say attorneys at Simpson Thacher.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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What To Expect As Calif. Justices Weigh Arbitration Fee Law
If the California Supreme Court’s upcoming ruling in Hohenshelt v. Superior Court holds that the Federal Arbitration Act does not preempt the California Arbitration Act's strict fee deadlines, employers and businesses could lose the right to arbitrate over minor procedural delays, say attorneys at Bird Marella.
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2 Circuit Court Rulings Offer A Class Certification Primer
Two recent decisions from the Third and Sixth Circuits provide guidance on the rigorous analysis of predominance that courts might require for class certification, and insights into how defendants might oppose or narrow potential class actions, say attorneys at DLA Piper.
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Supreme Court's Criminal Law Decisions: The Term In Review
Though the U.S. Supreme Court’s criminal law decisions in its recently concluded term proved underwhelming by many measures, their opinions revealed trends in how the justices approach criminal cases and offered reminders for practitioners, says Kenneth Notter at MoloLamken.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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2nd Circ. Reinforces Consensus On Vacating Foreign Awards
In Molecular Dynamics v. Spectrum Dynamics Medical, the Second Circuit recently affirmed that federal district courts do not possess subject matter jurisdiction to vacate foreign arbitral awards, strengthening this consensus across the circuits most active in recognition and enforcement actions, says Ed Mullins at Reed Smith.
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What Dismissal Rulings May Mean For ERISA Forfeiture Cases
Following an influx of Employee Retirement Income Security Act class actions challenging the long-standing practice of plan sponsors using plan forfeitures to offset employer contributions, recent motion to dismiss rulings and a U.S. Department of Labor amicus brief may encourage more courts to reject plaintiffs' forfeiture theories, say attorneys at Mayer Brown.
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Justices' Age Verification Ruling May Lead To More State Laws
The U.S. Supreme Court’s recent Free Speech Coalition v. Paxton ruling, permitting a Texas law requiring certain websites to verify users’ ages, significantly expands states' ability to regulate minors’ social media access, further complicating the patchwork of internet privacy laws, say attorneys at Troutman.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Reel Justice: 'Oh, Hi!' Teaches Attys To Return To The Statute
The new dark comedy film “Oh, Hi!” — depicting a romantic vacation that turns into an inadvertent kidnapping — should remind criminal practitioners to always reread the statute to avoid assumptions, meet their ethical duties and finesse their trial strategy, says Veronica Finkelstein at Wilmington University School of Law.