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Appellate
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April 24, 2025
DC Circ. Fears Newman Atty Would Impeach Disabled Judges
The attorney fighting Federal Circuit Judge Pauline Newman's suspension alarmed the D.C. Circuit on Thursday when he argued that judges can only have their work taken from them if they voluntarily resign or are impeached.
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April 24, 2025
1st Circ. Revives Honeywell Ex-Manager's Bias Suit
The First Circuit on Thursday revived a former Honeywell Aerospace manager's employment discrimination claims against the aircraft manufacturer, ruling in a published opinion that a federal court in Puerto Rico erroneously tossed the former employee's case for being untimely.
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April 24, 2025
11th Circ. Considers Sackett's Impact In Clean Water Suit
Green groups and citizens who alleged Georgia's Sea Island resort misled the Army Corps of Engineers about a wetlands filling project urged the Eleventh Circuit to revive their suit Thursday, with the groups and resort arguing the Supreme Court's 2023 ruling in Sackett v. EPA worked in their favor.
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April 24, 2025
Funds Manager Raided Coffers Before Ouster, Court Told
A Texas appeals court on Thursday questioned whether multiple commercial real estate funds had taken a vote before ousting a former manager accused of helping himself to company accounts, asking during oral arguments if the funds had followed correct procedures.
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April 24, 2025
3rd Circ. Revives Sanctions For Undisclosed Bankruptcy Fees
Citing a "legal question of significant public importance," a Third Circuit Court of Appeals panel on Thursday reversed a district court's reversal of a bankruptcy judge's sanctioning of Spector Gadon Rosen & Vinci PC for pursuing additional fees initially undisclosed to the court from a bankrupt couple after agreeing to a flat amount.
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April 24, 2025
Ex-OneTaste Execs Ask Justices To Nix 'Stolen' Docs
Former OneTaste executives facing forced-labor conspiracy charges asked the U.S. Supreme Court on Thursday to bar allegedly stolen and attorney-client privileged documents from being used at a May trial, saying corporate legal communications are broadly at risk.
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April 24, 2025
10th Circ. Says City's COVID-19 Town Hall Calls Weren't Illegal
Albuquerque didn't break federal robocall laws when it sent residents automated calls to inform them that it would be hosting virtual public meetings during the early years of the coronavirus pandemic, the Tenth Circuit has ruled.
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April 24, 2025
AI Patents Face Eligibility Hurdles After 1st Fed. Circ. Case
The Federal Circuit's first-ever patent eligibility decision involving machine learning made clear that using artificial intelligence technology to make a task faster or more efficient is not sufficient, while leaving uncertainty about what type of technical improvements would pass muster, attorneys say.
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April 24, 2025
8th Circ. Quizzes SEC About Fate Of Climate Regs
The U.S. Securities and Exchange Commission has been ordered by the Eighth Circuit to say whether it plans to withdraw or rewrite corporate climate disclosure rules that it is no longer defending in court, with the litigation surrounding the rules being put on hold at the request of several blue states until the agency discloses next steps.
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April 24, 2025
9th Circ. Backs Oppenheimer Bid To Avoid FINRA Arbitration
The Ninth Circuit unanimously affirmed Thursday a lower court's ruling blocking two Washington state couples' bid to arbitrate claims against Oppenheimer & Co. Inc. before the Financial Industry Regulatory Authority, saying the couples weren't customers of the financial services company despite getting caught up in a former Oppenheimer employee's Ponzi scheme.
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April 24, 2025
Rivian Secures Calif. State Court Win Over Investors' IPO Suit
A California state appellate court affirmed the dismissal of a suit brought against Rivian Automotive accusing the electric vehicle manufacturer and its underwriters of misleading investors ahead of its blockbuster 2021 initial public offering, finding that Rivian's articles of incorporation direct any federal securities-related claims to federal court.
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April 24, 2025
Pardon Me? Why Offers To Secure Clemency Might Be A Scam
Some white collar lawyers and consultants say their clients are increasingly being solicited by potential scammers with promises to leverage supposed White House connections to secure pardons and other forms of clemency in exchange for big fees.
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April 24, 2025
9th Circ. Won't Rehear CashCall Appeal Of $134M CFPB Order
The Ninth Circuit on Thursday declined to rehear loan company CashCall's petition challenging $134 million in legal restitution it was ordered to pay to the Consumer Financial Protection Bureau over alleged unfair loan collection practices, rejecting its argument that legal restitution triggered its jury trial right and finding CashCall waived that right.
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April 24, 2025
Fed. Circ. Won't Let Fortnite Maker Run Back PTAB Fights
Epic Games failed to persuade a Federal Circuit panel on Thursday to undo the patent board's rejection of the video game company's efforts to invalidate patents that Fortnite's in-game communication programs were accused of infringing.
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April 24, 2025
Fed. Circ. Dunks Appeal Over Swimming Pool Design Patent
The Federal Circuit on Thursday refused to revive allegations that Latham Pool Products infringed a swimming pool design patent, affirming a Tennessee federal court's finding that the patented design and the accused pool were clearly distinct.
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April 24, 2025
Clyde & Co., Ex-Client Must Pay Firm's Share Of Settlement
A Florida appeals court Wednesday said Clyde & Co. LLP failed to protect another law firm's lien on a share of settlement proceeds from a wrongful death action when it wrote the settlement check in a way that it could be deposited only by the firm's former co-counsel.
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April 24, 2025
Pa. Justices To Say If Wage Law Permits Suits Over Late Pay
The Pennsylvania Supreme Court will determine if employees can sue for withheld wages and the liquidated damages state law allows if their employer misses payday but catches up more than a month later, the court announced Wednesday.
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April 24, 2025
Trump Admin Appeals Colo. Judge's Migrant Removal Bar
The Trump administration has asked the Tenth Circuit to quickly stay a Colorado federal judge's halt on removals of detained Venezuelan migrants accused of gang membership while it challenges the court's ability to "interfere with the president's core authority to protect the nation."
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April 24, 2025
Fed. Circ. Backs Samsung Win In Power Converter IP Fight
The Federal Circuit on Thursday backed the Patent Trial and Appeal Board's decision that two patents related to voltage switching power converters are invalid, handing a win to challengers including Samsung and Dell.
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April 24, 2025
Texas House Passes AI Porn Site Age Verification Bill
The Texas House approved Thursday an update to the state's porn site age verification law that would apply to websites that have publicly available artificial intelligence tools.
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April 24, 2025
MLB Wins Fla. Appeal In Ex-Player's Data Theft Suit
A Florida state appellate court handed a win to Major League Baseball in an ex-player's lawsuit alleging personal and business data was stolen in a "black ops" hack of his computers, finding that the claims were barred by the statute of limitations and were already decided in previous cases.
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April 24, 2025
SpaceX, NLRB Ask 5th Circ. To Pause Constitutionality Case
SpaceX and the National Labor Relations Board asked the Fifth Circuit to pause one of the rocket-maker's constitutional challenges to the board's structure, saying the board is investigating whether SpaceX is an air carrier whose labor-management relations are overseen by the National Mediation Board rather than the NLRB.
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April 24, 2025
Texas Court Allows State To Block Austin Pot Amnesty Law
A Texas appeals court on Thursday decided to allow the state to pursue an injunction blocking an Austin city law prohibiting enforcement of some cannabis crimes, saying the local ordinance is preempted by state law.
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April 24, 2025
Ill. Justices Affirm Venue Limits For Constitutional Challenges
The Illinois Supreme Court on Thursday upheld the limits to where constitutional challenges to a state statute, rule or executive order can be filed, saying that requiring the plaintiff in the underlying case to litigate in a different county "does not deprive it of the opportunity to be heard at a meaningful time and in a meaningful manner."
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April 24, 2025
6th Circ. Says Hairstylists Must Arbitrate Pay Claims
Hairstylists must arbitrate their claims that a barbershop chain misclassified them as independent contractors and denied them wages, a Sixth Circuit panel ruled, saying a federal court correctly enforced arbitration after severing its cost-shifting provision.
Expert Analysis
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Series
Florida Banking Brief: All The Notable Legal Updates In Q1
The first quarter of 2025 saw the Trump administration's crypto-forward approach permeate the banking industry, including Florida banking institutions, and a Fourth District Court of Appeal decision provide a new precedent for borrower/lender standing, say attorneys at Kozyak Tropin.
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Meta Case Brings Customer-Facing Statements Issue To Fore
Now that Facebook v. Amalgamated Bank has returned to California federal court after the U.S. Supreme Court in November found it improvidently granted certiorari, it will be worth watching whether customer-facing communications, such as Facebook's privacy policies, are found to be made in connection with the sale of a security, says Samuel Groner at Fried Frank.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Home Depot Ruling Tolls Death Knell For 'Silent Cyber'
The Sixth Circuit's recent ruling that Home Depot's insurers did not have to cover costs from a data breach hammered one more nail in the coffin of silent cyber, where coverage is sought under standard property or commercial general liability policies that were not intended to insure cyberattack claims, say attorneys at Zelle.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Texas Case Shows Why Juries Are Well-Suited To COVID Suits
The original jury verdict in Baylor College of Medicine v. Lloyd's, currently on appeal to the Texas Supreme Court after being overturned by an appellate panel, illustrates why COVID-19 business interruption claims with their case-specific facts need to be decided by juries, not by judges using a one-size-fits-all approach, says Jeremy Lawrence at Farella Braun.
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Filial Consortium Claims' Future After Conn. High Court Ruling
While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.
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4th Circ. Health Data Ruling Opens Door To State Law Claims
In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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2 Del. Rulings Reinforce Proof Needed For Records Demands
Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Justices May Clarify What IP Competitors In Litigation Can Say
If the U.S. Supreme Court agrees to weigh in on Atturo Tire v. Toyo Tire, it may be able to provide guidance on the murky questions surrounding what companies enforcing their intellectual property against competitors are allowed to say in public, say attorneys at Ballard Spahr.