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Appellate
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April 02, 2025
Mich. Justices Say Pot Smell Not Enough For Police Search
The Michigan Supreme Court ruled Wednesday that the odor of marijuana alone cannot justify a warrantless vehicle search, overturning case law that dated from a time when using the drug was a crime in the Great Lakes State.
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April 02, 2025
Dish Says No Grounds For Cell Tower Co. To Toss Jury Verdict
Dish Wireless has urged the Colorado Court of Appeals to uphold a jury's verdict finding it didn't breach a cell tower lease deal by failing to pay millions in extra rent, arguing the cell tower company can't show its reading of the lease is the only reasonable one.
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April 02, 2025
Kove Wants Fed. Circ. To Back $673M IP Win Against Amazon
Software company Kove IO Inc. is defending a $673 million judgment it secured against Amazon in Illinois federal court last year, contesting Amazon's argument on appeal that the figure was won using cloud data storage patents that should be invalidated.
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April 02, 2025
Spanish Co. Says No Federal Jurisdiction In Finder's Fee Spat
Spanish company Delclaux Partners SA on Wednesday urged the Eleventh Circuit to vacate its loss in a dispute with Texas-based satellite technology company AST & Science LLC, arguing the federal district court never had jurisdiction over the simple breach of contract dispute.
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April 02, 2025
Fla. High Court Told Condo's Irma Claim Redo Lacked Key Info
An insurance company told the Florida Supreme Court on Wednesday that a Miami condominium's reopened claim for damage caused by Hurricane Irma wasn't sufficient to trigger a supplemental claim, arguing that state law required additional information regarding the initial loss.
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April 02, 2025
9th Circ. Gives Ex-CoreLogic Worker 2nd Shot At 401(k) Suit
The Ninth Circuit revived a suit Wednesday from a former CoreLogic worker who claimed the company stacked its retirement plan with costly and underperforming investment funds, ruling a district judge erred by tossing the case rather than giving the ex-worker a chance to revise his complaint.
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April 02, 2025
Jailed IRS Leaker Says Judge 'Predetermined' Sentence
The IRS contractor imprisoned for leaking thousands of tax returns, including those of President Donald Trump, to national media outlets asked the D.C. Circuit to rescind his sentence, saying a federal judge held off-the-record meetings that revealed her determination to deliver the maximum punishment.
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April 02, 2025
No-Fault Tolling Not Retroactive, Mich. Justices Say
The Michigan Supreme Court ruled Tuesday that an element of no-fault reforms pausing the one-year rule for recovery of personal injury protection benefits until an insurer formally issues a denial is not retroactive, finding the Legislature didn't clearly add retroactive language and that applying the provision to preamendment claims would impose new obligations on insurers.
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April 02, 2025
Mich. Justices Say 18-Year-Old Lifers Must Be Resentenced
People in Michigan serving mandatory life sentences with no chance of parole for offenses they committed as 18-year-olds are entitled to resentencing because such punishments are unconstitutional, regardless of when they were sentenced, the state's highest court said Tuesday.
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April 02, 2025
Mo. Court Finds Ambiguity Could Permit Virus Coverage
A vacation rental company may be entitled to coverage for pandemic-related losses from one insurer, a Missouri intermediate appellate court held, finding that an exception conflicting with an exclusion created ambiguity in favor of the insured, while upholding no-coverage rulings pertaining to other insurers.
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April 02, 2025
9th Circ. Doubts Bang Energy Founder's $272M Verdict Appeal
A Ninth Circuit panel expressed skepticism Wednesday about an attempt to undo Monster Beverage Corp.'s $272 million false advertising trial win against the founder of Vital Pharmaceuticals Inc., the now-defunct company behind Bang Energy drinks.
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April 02, 2025
Bidi Vapor Says FDA Denial Of E-Cig Was Unlawful
Vape company Bidi Vapor LLC urged the Eleventh Circuit on Wednesday to reverse a U.S. Food and Drug Administration decision denying its application to market a disposable e-cigarette, saying the agency acted unlawfully and ignored evidence the company presented.
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April 02, 2025
Ex-Bank VP's Defamation Claims Dismissed By NJ Panel
A former Pennsylvania bank vice president's claims of retaliation, defamation and trade libel were properly tossed by a New Jersey trial court that found the bank's statement that she had engaged in criminal behavior was substantially true even though she was never convicted of a crime, a state appellate panel said in a published opinion.
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April 02, 2025
Cal State Again Escapes Professor's Reimbursement Suit
California State University does not have to foot the bill for the computer a biology professor purchased at the onset of the COVID-19 pandemic, a state panel said, finding the state's Legislature intended for public entity employers to be exempt from laws mandating workers be reimbursed for business expenses.
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April 02, 2025
Fed. Circ. Partly Revives Website Patent Suit Against GoDaddy
The Federal Circuit on Wednesday revived Express Mobile's claims that website hosting platform GoDaddy infringes a pair of patents covering ways to build a website, but refused to undo a finding that GoDaddy didn't infringe a trio of other patents.
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April 02, 2025
Law Profs Back Cert. Reversal In Boeing Stock-Drop Fight
Law professors and former U.S. Securities and Exchange Commission officials urged the Fourth Circuit to undo class certification for Boeing investors who accused the company of overstating the safety of its 737 Max fleet, calling the certification order a "master class" in misinterpreting precedent.
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April 02, 2025
Pipe Inspector's Pay Wasn't A Salary, 6th Circ. Rules
An employment agency didn't calculate a pipe inspector's pay on a salary basis but rather calculated his compensation daily, a split Sixth Circuit panel ruled, flipping a Tennessee federal court's decision deeming him overtime-exempt under the Fair Labor Standards Act.
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April 02, 2025
Norfolk Southern Investors Appeal Train Derailment Ruling
Shareholders of railroad operator Norfolk Southern Corp. have gone to the Second Circuit seeking to revive a proposed class action accusing the company of making false claims about its commitment to safety ahead of a 2023 derailment and toxic chemical spill in East Palestine, Ohio.
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April 02, 2025
1st Circ. Says Judge Too Hasty In Handing SEC $93M Win
The First Circuit on Tuesday vacated a $93 million judgment against a Massachusetts-based financial services firm, finding the lower court jumped the gun in granting an early win to the U.S. Securities and Exchange Commission.
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April 02, 2025
6th Circ. Upholds Convictions In Whitmer Kidnap Plot
A panel of the Sixth Circuit affirmed the convictions of two men for participating in a plot to kidnap Michigan Gov. Gretchen Whitmer in 2020, rejecting several arguments challenging the sufficiency of the government's evidence and the trial judge's decisions.
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April 02, 2025
Man To Plead Guilty To Justice Kavanaugh Murder Attempt
A California man charged with attempting to kill U.S. Supreme Court Justice Brett Kavanaugh has agreed to plead guilty and forgo a trial originally scheduled for this summer, according to Maryland federal court filings Wednesday.
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April 02, 2025
3rd Circ. Says CVS Sex Bias Arbitration Fight Needs 2nd Look
The Third Circuit on Wednesday rejected a former CVS worker's argument that a 2022 federal law shielded her sex harassment case from mandatory arbitration, but it revived her suit to give the trial court a chance to explore whether the arbitration pact at issue was valid.
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April 02, 2025
Justices Broaden RICO Reach To Personal Injuries
The U.S. Supreme Court on Wednesday expanded the type of civil actions that can be brought under a federal racketeering statute, asserting that claims stemming from personal injuries are redressable if they can be shown to have caused economic harm.
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April 02, 2025
Supreme Court Backs FDA Block Of Flavored Vapes
The U.S. Supreme Court on Wednesday overruled a determination that the U.S. Food and Drug Administration acted arbitrarily when it rejected an e-cigarette company's applications to market flavored vape products.
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April 01, 2025
Trump Admin Layoffs 'Probably Broke Laws,' Judge Says
A Maryland federal judge ruled Tuesday that the Trump administration "probably broke the laws that regulate en masse terminations of government employees," ordering the federal government to reinstate thousands of probationary employees who were abruptly fired from their jobs in 19 states and the District of Columbia.
Expert Analysis
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Lessons Learned From 2024's Top ADA Decisions
Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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The 6 Most Significant FCRA Litigation Developments Of 2024
From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.
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Fed. Circ. In December: A Patent Prosecution History Lesson
Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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What To Watch For In The 2025 Benefits Landscape
While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.
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Reviewing 2024's Crucial Patent Law Developments
As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.
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Contract Disputes Recap: Adjustments, Preclusion, Waivers
Ken Kanzawa at Seyfarth examines three recent decisions from the Civilian Board of Contract Appeals, the U.S. Court of Federal Claims and the Armed Services Board of Contract Appeals that examine distinctions between requests for equitable adjustments and claims, forum selection and res judicata, and the waiver of penalties for expressly unallowable costs.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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10 Noteworthy CFPB Developments From 2024
In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Justices May Find Gov't Can Keep Fraudulent Transfer Benefit
Based on the justices' questions at the recently argued U.S. v. Miller, the Supreme Court appears prepared to hold that the U.S. — unlike any other creditor — is permitted to retain the benefits of a fraudulent transfer to the detriment of other bankruptcy creditors, says Kevin Morse at Clark Hill.