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February 27, 2025
Trump Admin Asks 1st Circ. To Let It Enforce Birthright Ban
President Donald Trump's administration on Thursday asked the First Circuit to let it begin enforcing its executive order restricting birthright citizenship while it appeals a Massachusetts federal judge's preliminary injunction.
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February 27, 2025
NLRB Tells 6th Circ. Constitution Args Can't Block Board Case
The National Labor Relations Board has asked the Sixth Circuit to deny an auto parts manufacturer's bid to pause an NLRB case on constitutional grounds, saying the company hasn't shown it would suffer the type of harm that justifies an injunction if the case moves forward.
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February 27, 2025
Fed. Circ. Upholds Netflix PTAB Win Over Chip Patent
Netflix persuaded the Federal Circuit to sign off Thursday on another one of the streaming company's wins at the patent board in its fight with a Broadcom subsidiary over chip technology.
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February 27, 2025
Conn. Supreme Court Snapshot: Water Rates, Judicial Attacks
An Eversource unit's request to offset inflation and $42 million in new infrastructure projects through rate hikes will top the Connecticut Supreme Court's March docket, with the justices examining another in a list of challenges to state regulators' attempts to keep a lid on customer costs.
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February 27, 2025
Justices Told Bose Ruling Will Deter Patent Settlements
A Bose rival is going to the U.S. Supreme Court after losing a Federal Circuit ruling last year that found its patents were doomed by the terms of how a related infringement case settled, warning that the decision would "dissuade parties from settlements."
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February 27, 2025
4th Circ. Rips 'Shaky At Best' Drug Price-Fixing Class Action
The Fourth Circuit backed the dismissal of a proposed class action accusing drug companies of conspiring to inflate the price of a drug for Huntington's disease, writing in the opinion that the allegations are "shaky at best," "sparsely pleaded" and "stretch civil RICO liability beyond its limits."
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February 27, 2025
Goldstein Urges Judge To Lift Device Monitoring Requirement
U.S. Supreme Court advocate and SCOTUSblog publisher Tom Goldstein asked a Maryland federal judge Thursday to nix a condition of his pretrial release that requires him to have monitoring equipment installed on his electronic devices.
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February 27, 2025
Trump Urges Ga. Justices To Leave Election Charges Nixed
President Donald Trump has urged the Georgia Supreme Court to uphold a state appellate decision that affirmed the dismissal of six counts in the state's election interference case.
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February 27, 2025
McCarter & English Wants $3.8M, Ex-Client Wants New Trial
Scarcely a month after the Connecticut Supreme Court ruled that McCarter & English LLP is not entitled to $3.6 million in punitive damages from a federal fee feud with ex-client Jarrow Formulas Inc., the firm has requested a nearly $3.8 million judgment against the supplement company, while Jarrow has requested reimbursement and a new trial.
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February 27, 2025
5th Circ. Backs Texas Medical Center's Race Bias Suit Win
The Fifth Circuit refused to revive a Black researcher's suit claiming a University of Texas medical center fired him because he complained that a supervisor made offensive comments and impeded his work, finding he'd failed to identify a non-Black employee who was treated better.
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February 27, 2025
Calif. Panel Won't Send Class Wage Suit To Arbitration
A California appeals court refused to overturn an order declining to send to arbitration a sanitation worker's wage and hour suit against his former employer, saying his Private Attorneys General Act claims were brought only on behalf of a class and therefore the case can stay in court.
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February 27, 2025
Colo. Justice Warns Attys Not To Dodge Tough Questions
A Colorado Supreme Court justice told lawyers Wednesday not to pivot after being asked a question during oral arguments, saying justices can sense a lawyer is avoiding a topic and will go after it with a "great, invisible hook."
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February 26, 2025
Bank Directors Back Ex-Rabobank Exec's High Court Bid
A bank director advocacy group has urged the U.S. Supreme Court to take up a former Rabobank compliance chief's challenge against the Office of the Comptroller of the Currency, arguing the agency engages in a practice of "regulation-by-dismissal" to the detriment of the banking industry.
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February 26, 2025
Tesla Wins Punitive Damages Appeal In Fla. Fatal Crash Suit
Tesla Inc. won't face punitive damage claims in a lawsuit accusing it of causing a 2019 crash that killed a Model 3 driver, a Florida appeals court ruled Wednesday, saying the driver's widow failed to prove that the company likely knew its self-driving feature would cause death or great bodily injury.
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February 26, 2025
Walmart Injury Suit Wrongly Axed For Fraud, Panel Says
A Florida state appeals court on Wednesday revived a suit seeking to hold Walmart liable for injuries suffered by a woman who allegedly ate contaminated chicken from the store, saying possible lies the woman told during a deposition didn't warrant dismissal.
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February 26, 2025
Matterport Tells Del. Justices Ex-CEO Cash-Out Rulings Flawed
An attorney for 3-D building imaging company Matterport Inc. and an affiliate told Delaware's Supreme Court on Wednesday that the Court of Chancery relied on a "shockingly expansive" definition of the phrase "immediately following" in a decision that ultimately added $79 million to a former CEO's postmerger cash-out after Matterport's go-public sale.
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February 26, 2025
Colo. Panel Presses Plaintiff On Apparent Litigation Flip-Flop
A Colorado state appeals court judge asked a personal injury plaintiff on Wednesday how he can argue that a telecommunications company isn't a landowner under a recreational statute when he seemingly made the opposite argument earlier in the litigation.
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February 26, 2025
Frontier Airlines Rips Feds' DC Airport Slots Snub
Frontier Airlines Inc. has told the D.C. Circuit that the U.S. Department of Transportation unlawfully excluded it from competing for new slot exemptions at Ronald Reagan National Airport to operate long-distance flights, while carrier Spirit Airlines wants to have a say in the dispute.
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February 26, 2025
Holocaust Case Ruling Puts Similar Claimants In Tough Spot
The U.S. Supreme Court's decision on Friday rejecting an expansive view of a sovereign immunity exception appears to have put even longer odds on lawsuits filed by claimants suing over Nazi-looted property.
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February 26, 2025
GOP Reps. Criticize Judges At 'Impeachathon'
A trio of House Republicans on Wednesday unveiled a list of federal judges they're targeting for impeachment as they, along with presidential adviser Elon Musk, go after those who rule against the Trump administration's executive actions.
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February 26, 2025
LG Ad Co. Tells Del. Justices It Didn't Breach Deal With Firings
An attorney for TV data company Alphonso Inc. told Delaware's top court Wednesday that the Court of Chancery wrongly ruled last year that the company and its LG Electronics Inc.-controlled board lacked authority to fire five Alphonso co-founder executive officers and two pre-deal employees in a post-deal purge.
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February 26, 2025
Dewberry Ruling May Lead To More Defendants In TM Fights
Plaintiffs in trademark disputes likely will consider including multiple defendants in their complaints when it's unclear who holds the profits from the alleged infringement, according to intellectual property attorneys, after the U.S. Supreme Court remanded a case because nonparty affiliates of a defendant were ordered to pay an award that reached nearly $47 million.
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February 26, 2025
NLRB Asks 3rd Circ. To Save Post-Gazette Union's Power
The National Labor Relations Board told the Third Circuit Wednesday that an injunction is needed to save what is left of the union representing newsroom employees at the Pittsburgh Post-Gazette, though members of the panel questioned if the NewsGuild's alleged loss of bargaining power was due to the publisher's actions or a two-year-long strike.
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February 26, 2025
Karen Read Has Already Lost Double Jeopardy Bid, Court Told
Karen Read, the Massachusetts woman charged with running down her Boston police officer boyfriend, is not entitled to federal review of a state high court ruling rejecting her double jeopardy claim, prosecutors said in a Wednesday filing.
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February 26, 2025
5th Circ. Mulls Whether PPP Ineligibility Precludes Forgiveness
A Fifth Circuit panel seemed wary Wednesday of buying a truck dealer's argument that the U.S. Small Business Administration should forgive its PPP loan, pondering whether doing so could have far-reaching consequences for litigation surrounding CARES Act loans.
Expert Analysis
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2nd Circ. Halkbank Ruling Shifts Foreign Immunity Landscape
Following the Second Circuit’s recent common law immunity ruling in U.S. v. Halkbank, foreign state-owned banks, wealth funds and other entities now must seriously consider the risk of criminal liability for commercial activity that violates U.S. laws, say attorneys at Debevoise.
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Justices Must Weigh Reach Of Civil RICO In Cannabis Case
Oral arguments in Medical Marijuana Inc. v. Horn suggest that a majority of the U.S. Supreme Court may agree that a truck driver's losing his job after unknowingly ingesting THC and failing a drug test does not merit a racketeering claim — but the court may not buy the other side's theory of the case either, say attorneys at Lewis Baach.
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Patent Marking Steps After Fed. Circ. Opens Lanham Act Door
Following the Federal Circuit’s recent ruling in Crocs v. Effervescent, which seemingly revives private actors’ ability to bring false patent marking claims under the Lanham Act, marketing and legal teams should be careful to avoid advertisement language that implies nonexistent patent rights, says Jeffrey Ratinoff at Spencer Fane.
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Litigation Strategies In View Of New Double Patenting Rulings
Recent Federal Circuit decisions, including in Allergan v. MSN, raise several issues that patent owners should understand and consider addressing proactively regarding obviousness-type double patenting, at least in their prosecution strategies, say attorneys at Dentons.
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Promoting Diversity In The Selection Of ADR Neutrals
Excerpt from Practical Guidance
Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.
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Series
Playing Ultimate Makes Us Better Lawyers
In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron.
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High Court 'Violent Crimes' Case Tangled Up In Hypotheticals
In Delligatti v. U.S., the U.S. Supreme Court will hear arguments next week on whether attempted murder constitutes a crime of violence, and because the court’s interpretive approach thus far has relied on hairsplitting legal hypotheticals with absurd results, Congress should repeal the underlying statute, say attorneys at Patterson Belknap.
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Tracking The Slow Movement Of AI Copyright Cases
The tech community may be expecting a prompt resolution on whether products generated by artificial intelligence are a fair use of copyrighted works, but legal history shows that a response to this question — at the heart of over 30 pending cases — will take years, say attorneys at White & Case.
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How Property Insurance Coverage Shrank After The Pandemic
Insurers litigating property claims are leveraging rulings that provided relief in the COVID-19 context to reverse the former majority rule on physical loss or damage in all contexts, say attorneys at Reed Smith.
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Considering Chevron's End Through A State Tax Lens
States took the lead in encouraging Chevron's demise, turning away from Chevron-type deference in state tax administration ahead of the U.S. Supreme Court’s Loper Bright decision, a trend likely to accelerate as courts take a more active role in interpreting tax laws, say attorneys at Eversheds Sutherland.
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Curious Case Of FTC's Amicus Brief In Teva Fed. Circ. Appeal
Attorneys at BCLP explore the Federal Trade Commission's backing of Amneal's Orange Book-delisting efforts on Teva ahead of a key Federal Circuit hearing in a case between the two pharmaceutical companies, and wonder if the FTC amicus brief indicates a future trend, especially in the next administration.
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E-Discovery Quarterly: Recent Rulings On Metadata
Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.
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When 'Patented' Goes Beyond Inventorship In False Ad Cases
The Federal Circuit's recent false advertising holding in Crocs v. Effervescent is significant because it offers a nuanced yet realistic understanding of what false claims about a product's status as "patented" can mean, say attorneys at McDermott.
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2nd Circ. Hostile Workplace Ruling Widens Arbitration Pitfalls
The Second Circuit’s recent decision, affirming the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act applies to a worker whose workplace hostility claims arose before the law’s 2022 enactment, widens the scope of the law — and the risks of unenforceable arbitration agreements for employers, say attorneys at Hinshaw.
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2nd Circ. Maxwell Ruling Adds To Confusion Over NPA Reach
The Second Circuit’s recent decision upholding Ghislaine Maxwell’s conviction made an analytical leap in applying plea agreement precedent to a nonprosecution agreement, compounding a circuit split and providing lessons for defense counsel, say attorneys at Kropf Moseley.