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Appellate
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September 12, 2025
Fresh Angles On Display In ERISA Summer Filing Uptick
Attorneys dealing with a rise in Employee Retirement Income Security Act cases are paying close attention to a handful of recent suits with allegations that put a twist on traditional benefits disputes. Here, Law360 looks at three cases with fresh angles that lawyers are keeping an eye on.
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September 11, 2025
4th Circ. Uneasy Weighing SSA Data Case After Justices' Stay
The full Fourth Circuit on Thursday seemed inclined to maintain the government's access to U.S. Social Security Administration records since the U.S. Supreme Court granted the same relief in an emergency order, but also noted that the justices left them bereft of a blueprint for evaluating the merits of that access.
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September 11, 2025
Khalil Asks 3rd Circ. To Affirm His Release From ICE Detention
Mahmoud Khalil, the pro-Palestinian activist whom immigration officials are seeking to deport, urged the Third Circuit on Wednesday to affirm his release from immigration detention, saying a lower court got it right in several decisions that led to his release.
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September 11, 2025
Trump Wants Fed Gov. Cook Out Before Next Rate Meeting
The Trump administration asked the D.C. Circuit Thursday to halt a preliminary injunction barring the removal of Federal Reserve Gov. Lisa Cook, urging the appellate court to fast-track its decision in an effort to block Cook from participating in a meeting regarding interest rates next week.
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September 11, 2025
9th Circ. Says News Article Doesn't Doom Biotronik FCA Suit
The Ninth Circuit revived a False Claims Act suit alleging that Biotronik orchestrated an illicit compensation scheme to boost the implantation of its cardiac devices in patients at Cedars-Sinai Medical Center in Los Angeles, saying the whistleblower's complaint presents new information that is not barred by fraud allegations disclosed in an earlier news article.
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September 11, 2025
6th Circ. Says Papa John's Founder's Ex-PR Can't Arbitrate
The Sixth Circuit ruled Wednesday that a marketing agency Papa John's founder and former CEO accused of leaking comments that led to his resignation from the pizza company's board cannot ship his lawsuit to arbitration, saying in a published opinion that the agency had defaulted on its arbitration rights.
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September 11, 2025
Medicare Drug Pricing Plan Survives Novartis' 3rd Circ. Appeal
The Third Circuit ruled Thursday that the Centers for Medicare & Medicaid Services' ability to negotiate "maximum fair prices" with drugmakers doesn't violate their constitutional rights, rejecting an argument by Novartis Pharmaceuticals Corp. that the practice amounted to a raw deal for the pharmaceutical industry.
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September 11, 2025
Texas Justices Debate When Eco-Devo Public Purposes End
Texas Supreme Court justices seemed hesitant Thursday to give JPMorgan Chase Bank NA a green light to continue collecting payments on a $10 million economic development loan for a project that went belly up, asking what public purpose the payments would serve.
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September 11, 2025
6th Circ. Backs Toss Of Suit Over Alleged Jif Contamination
A Sixth Circuit panel affirmed a lower court win for J.M. Smucker Co. on Wednesday, saying customers in a proposed class action over a Jif peanut butter recall lacked proof that their specific items were contaminated with salmonella bacteria.
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September 11, 2025
1st Circ. OKs Freeze Of Planned Parenthood Medicaid Funding
The First Circuit on Thursday allowed the Trump administration to halt Medicaid reimbursements to Planned Parenthood and its affiliates, pausing a pair of lower court rulings that had blocked the funding cut.
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September 11, 2025
9th Circ. Revives 'Beauty' FX Copyright Verdict Against Disney
The Ninth Circuit on Thursday revived a verdict that Walt Disney Pictures vicariously infringed a digital effects company's facial-motion capture software by using it for the 2017 "Beauty and the Beast" film, saying the tech company presented sufficient evidence for jurors to find Disney could have stopped its effects contractor's infringement.
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September 11, 2025
Moelis Says Pact Spurring Del. Corp. Law Rework Is Lawful
Attorneys for Moelis & Co. have told Delaware's justices that a stockholder agreement that solidified Ken Moelis' control of the investment bank was either valid or lawfully obtainable by other means before the Court of Chancery struck it down last year, with time to challenge key provisions long since expired.
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September 11, 2025
Russia To Seek Guidance From Justices In $50B Award Suit
Russia said Thursday it will ask the U.S. Supreme Court to review a D.C. Circuit decision reviving its bid to escape litigation to enforce $50 billion in arbitral awards against it, arguing the appellate decision "cements an irreconcilable conflict" with the Second and Fifth circuits.
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September 11, 2025
Insulin Makers Ask 2nd Circ. To Rethink Collusion Claims
Sanofi-Aventis US, Eli Lilly & Co., Novo Nordisk Inc. and AstraZeneca Pharmaceuticals LPÂ are asking for a rehearing after a Second Circuit panel revived a proposed class action from safety-net hospitals and clinics accusing the companies of increasing insulin drug costs by agreeing to limit participation in a discount program.
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September 11, 2025
11th Circ. Seeks Additional Briefing In Mortality Table Suit
The Eleventh Circuit has requested additional briefing on what the term "actuarial equivalence" meant when the Employee Retirement Income Security Act was enacted in an appeal by married utility company retirees who filed a class suit claiming their pension benefits were lowballed due to outdated mortality tables used in conversions.
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September 11, 2025
3rd Circ. Won't Toss Talc Co. Whittaker Clark & Daniels' Ch. 11
Defunct talc supplier Whittaker Clark & Daniels properly filed for Chapter 11 protection in 2023 and its bankruptcy case should not be dismissed, the Third Circuit has ruled, siding against talc claimants who argued the company already being in receivership precluded it from filing for bankruptcy.
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September 11, 2025
Insurers Claim 'Collusion' In Ga. School's $345M Abuse Deal
Five insurance companies urged the Georgia Court of Appeals Thursday to let them off the hook for a $345 million settlement between a private school and nearly two dozen men who said they were sexually abused as students, alleging the deal was "tainted by collusion" and well outside the bounds of their respective policies.
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September 11, 2025
Ga. Panel Sends Officer Crash Suit Back For Notice Review
The Georgia Court of Appeals Thursday said a trial court must reconsider whether a woman who sued the city of Savannah after a police officer allegedly injured her by causing her husband's motorcycle to topple sideways provided the city with an adequate ante litem notice.
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September 11, 2025
7th Circ. Backs $183M FCA Award Over Eli Lilly Drug Rebates
The Seventh Circuit refused on Thursday to unwind a whistleblower's $183 million trial win against Eli Lilly in a false claims case targeting more than a decade of drug rebate miscalculations, saying a jury reasonably found that the company knowingly "hid the truth" about how much it charged for Medicaid-covered drugs.
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September 11, 2025
Panel Says $4.5M Wrongful Death Award Lacked Evidence
A panel of the Michigan state appeals court on Wednesday undid a $4.5 million default judgment against a bus driver who ran over a man in Detroit, finding the estate of the man did not provide enough evidence to support the damages amount.
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September 11, 2025
Texas Justices Wary Of Letting Developers Out Of $75M Bond
Texas Supreme Court justices seemed hesitant Thursday to buy an argument from Greystar Development & Construction LP that it and other defendants on the hook for a $406 million judgment only need to collectively pay a $25 million bond for their appeal, saying the statute seemingly compels each individual defendant to pony up.
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September 11, 2025
Ga. Law Bars Broad Media Access To Executions, Court Told
Georgia officials Thursday told a state appellate court it should reject a nonprofit news organization's bid to force greater media access to executions, arguing the outlet is trying to rely on the type of third-party standing that was scrapped earlier this year by the state's Supreme Court.
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September 11, 2025
NC Justices Ponder How Much Of Firm Value Atty's Ex Gets
North Carolina's top court hinted Thursday that a solo attorney's ex-wife may be able to claim at least a morsel of his law firm's worth in their divorce, as the justices pondered whether to draw a distinction between two types of business value known as personal and enterprise goodwill.
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September 11, 2025
BofA Wants Quick 4th Circ. Appeal In 401(k) Forfeiture Suit
Bank of America wants to appeal a North Carolina federal court's denial of its dismissal bid in a proposed class action filed on behalf of 401(k) participants alleging the bank misspent forfeitures from workers' retirement plan.
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September 11, 2025
23 States Back High Court Stay Of FTC Dem's Reinstatement
Florida and 22 other states have urged the U.S. Supreme Court to grant the Trump administration's request to block a Democratic member of the Federal Trade Commission from serving on the commission while she challenges her firing.
Expert Analysis
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How Justices' Ruling Limits Options To Challenge DHS Orders
In Riley v. Bondi, the U.S. Supreme Court recently ruled that a 30-day deadline for challenging deportation orders begins when the U.S. Department of Homeland Security issues a final administrative review order, opening the door for the government to effectively bar circuit court review in future similar cases, says Kevin Gregg at Kurzban Kurzban.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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Purdue Case Could Transform Patent Obviousness Analyses
If accepted for review by the U.S. Supreme Court, Purdue Pharma v. Accord Healthcare — concerning whether Purdue's abuse-deterrent opioid formulation patents were invalid as obvious — could significantly shift how courts weigh secondary considerations in patent obviousness analyses, say attorneys at Lathrop.
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NM Cyber Ruling Will Spur Litigation As Coverage Remedy
In Kane v. Beazley, the New Mexico Court of Appeals recently found that a cyber liability provision insuring security breaches included coverage for funds transfer fraud, implicitly and incorrectly motivating policyholders to commence litigation to avoid contractual limitations on cyber coverages, say attorneys at Zelle.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.
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Texas' Cactus Ruling Clarifies 'Produced Water' Rules
The Texas Supreme Court's decision in Cactus Water Services v. COG Operating, holding that mineral interest lessees have the rights to water extracted alongside oil and gas, should benefit industry players by clarifying the rules — but it leaves important questions about royalties unresolved, say attorneys at Yetter Coleman.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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How Political Divisions Are Stalling Pa. Energy Development
Despite possessing the nation's second-largest natural gas reserves and a legacy of energy infrastructure, Pennsylvania faces a fragmented and politically charged path to developing the energy resources it will need in the future, thanks to legislative gridlock, divided public opinion and competing energy interests, says Andrew Levine at Stradley Ronon.
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How High Court Ruling Can Aid Judgment Enforcement In US
In CC/Devas (Mauritius) v. Antrix, a unanimous U.S. Supreme Court recently ruled that only two steps are required to keep a foreign sovereign in federal court, making it a little easier for investors to successfully bring foreign states and sovereign-owned and -controlled entities into U.S. courts, says Kristie Blase at Felicello Law.
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What High Court's Tenn. Trans Care Ruling Means Nationally
The U.S. Supreme Court's decision in U.S. v. Skrmetti, upholding a Tennessee ban on gender-affirming medical care for minors, is fairly limited in scope and closely tailored to the specific language of Tennessee's law, but it may have implications for challenges to similar laws in other states, say attorneys at Hall Render.
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Justices Rewrite Rules For Challenging Enviro Agency Actions
Three recent U.S. Supreme Court rulings — Nuclear Regulatory Commission v. Texas, Oklahoma v. U.S. Environmental Protection Agency and EPA v. Calumet Shreveport Refining — form a jurisprudential watershed in administrative and environmental law, affirming statutory standing and venue provisions as the backbone of coherent judicial review, say attorneys at GableGotwals.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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High Court ACA Ruling May Harm Preventative Care
The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.
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Opinion
Subject Matter Eligibility Test Should Return To Preemption
Subject matter eligibility has posed challenges for patentees due to courts' arbitrary and confusing reasoning, but adopting a two-part preemption test could align the applicant, the U.S. Patent and Trademark Office and the courts, says Manav Das at McDonnell Boehnen.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.