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Appellate
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March 07, 2025
Apple Prevails In Watch Tech Patent Fight At Fed. Circ.
The Federal Circuit handed Apple a significant victory Friday in a dispute that might have led to a ban on imports of its smartwatches, affirming that a competing company's heart monitor patents are invalid and vacating a conflicting U.S. International Trade Commission decision that found the watches infringed those patents.
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March 07, 2025
Ex-Novo Nordisk Worker Can't Reopen Harassment Suit
A former employee of Novo Nordisk can't revive her lawsuit claiming she was let go because she is a Jewish woman and had a back and hip injury, a California state appeals court ruled, finding no issue with a trial court tossing the case after she failed to oppose the move.
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March 07, 2025
4th Circ. Set To Consider NASCAR Antitrust Injunction In May
The Fourth Circuit will hear arguments on May 9 as to whether NASCAR should be extricated from an injunction forcing it to offer charter contracts to two teams — including one co-owned by former NBA star Michael Jordan — that have accused the league of antitrust violations.
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March 07, 2025
1st Circ. Nixes Order Halting Foxconn Patent Arbitration
The First Circuit on Thursday nixed an order barring a subsidiary of Taiwanese electronics manufacturer Foxconn from pursuing arbitration in China of a patent dispute with a U.S. power systems manufacturer while related proceedings at the U.S. International Trade Commission are ongoing.
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March 07, 2025
Okla. Gov.'s Brother Can't Use McGirt Ruling to Avoid Ticket
Keith Stitt, brother of Oklahoma Gov. Kevin Stitt, can't dodge a speeding ticket on the back of a 2020 landmark U.S. Supreme Court ruling, a state appeals court panel said, arguing that the city of Tulsa, Oklahoma, maintains jurisdiction over the dispute.
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March 07, 2025
CPKC Rail Merger Enviro Review Needs Redo, DC Circ. Told
A group of Illinois towns told the D.C. Circuit on Friday that federal regulators relied on flawed train traffic data to approve Canadian Pacific's $31 billion merger with Kansas City Southern, failing to account for significant public safety and environmental harms to Windy City communities.
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March 07, 2025
Gas Station Asks 11th Circ. To Revive Pollution Coverage Suit
A Florida gas station owner asked the Eleventh Circuit on Friday to revive its lawsuit trying to get Nautilus Insurance Co. to cover the costs to clean up contamination caused by a leaking underground fuel tank, telling the appeals court the company did not learn of the leak until after the policy went into effect.
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March 07, 2025
For Many Biden Clemency Grantees, Freedom Is On Hold
Former President Joe Biden set records when he granted approximately 2,500 people clemency at the end of his term, but the process of getting out of prison for those people has not been so straightforward and two months later, a majority remain in custody.
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March 07, 2025
Texas High Court Passes On 1 Of 3 'Love Is Blind' Fights
The Texas Supreme Court on Friday declined to take up a dispute between the producers behind the Netflix reality series "Love Is Blind" and a former contestant, passing on one of three appeals that stem from the show's fifth season.
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March 07, 2025
9th Circ. Probes Ax Of Trader Joe's IP Suit Against Union
Ninth Circuit judges on Friday questioned a federal judge's decision to toss Trader Joe's trademark suit against a union selling merchandise with the grocers' name, with one saying it was "a little bit unusual" to have a determination about the likelihood of confusion decided at the motion to dismiss stage.
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March 07, 2025
Utah Court Affirms Walmart's Collective $52M Property Value
A trio of Utah-based Walmart retail properties were correctly assessed at a collective $52 million for property tax, a Utah appeals court said, finding that a lower court didn't make any errors when valuing the three properties.
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March 07, 2025
Prison Phone Co. Floats New FCC Rate Cap Plan
Prison phone company NCIC Correctional Services is hoping to kill several birds with one stone by presenting the Federal Communications Commission with a proposal it says would fix issues with a 2024 order changing how the phone prison payment system works and resolve some issues it has on appeal at the First Circuit.
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March 07, 2025
Mich. Justices Ax Bid To Sue Pizza Delivery Driver's Employer
The Michigan Supreme Court on Friday dismissed an appeal from a woman who argued her settlement with a Jet's Pizza delivery driver who rear-ended her did not bar vicarious liability claims against his employer, while a dissenting justice called on the court to rethink the "counterintuitive" rule that prohibited her claims.
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March 07, 2025
Honda, Class Spar Over Defect Verdict And Fees At 9th Circ.
Class counsel representing a certified class of Illinois Honda owners urged the Ninth Circuit on Friday to reverse their partial summary judgment loss, along with a $1.5 million fee and cost award for securing a $1.4 million valve defect verdict, while Honda argued that the verdict should be tossed entirely.
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March 07, 2025
Conn. Justice Questions Fairness Of Water Rate Hike Rebuff
Connecticut's utility regulator may have treated an Eversource subsidiary unfairly when it told the company it could not increase consumers' water rates to make up for $42 million in capital expenditures, a state Supreme Court justice said Friday.
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March 07, 2025
Dem AGs Back NLRB In Appeal Over Board Functionality
Nearly two dozen Democratic attorneys general have backed the National Labor Relations Board in a Sixth Circuit fight over the agency's ability to adjudicate unfair labor practice cases, saying workers' rights under labor law would be trampled if the agency is restrained from performing its duties.
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March 07, 2025
Fed. Circ. Says Judge Misconstrued Term In Tactical Vest Row
A Federal Circuit ruling on Friday reversed a finding from a Florida federal judge on constructing the phrase "pull cord," reviving a fight over a patented system for making tactical vests easier to take off.
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March 07, 2025
Judicial Impeachment Calls Could Drive Anger At Bench
Twenty-nine years ago, then-U.S. Chief Justice William Rehnquist laid out a cautionary tale on impeachments of judges.
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March 07, 2025
Greenspoon Marder Beats Fla. Suit After Missed Arbitration
Greenspoon Marder LLP has secured a Florida state appellate decision that upheld the dismissal of a malpractice suit against the firm over its representation of a luxury concierge service because the business failed to comply with a court order to engage in arbitration.
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March 07, 2025
Off The Bench: NASCAR Feud Grows, ACC Peace, NCAA Wins
In this week's Off The Bench, NASCAR insists that the two teams suing it are the real antitrust bullies, the ACC keeps two valued and valuable members in the fold, and a baseball player ends his court fight to play another year in college.
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March 07, 2025
2nd Circ. Backs Warrantless Utility Pole Surveillance
The Second Circuit on Friday ruled that police using cameras mounted to utility poles to observe potential criminal activity without a warrant does not amount to an illegal search under the Fourth Amendment, comporting with other circuits that have pondered the same issue.
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March 07, 2025
NC High Court Hopeful Fights Judge's Recusal Over Donation
A Republican judge challenging ballots cast in the North Carolina Supreme Court race he lost by 734 votes said his colleague on the state Court of Appeals shouldn't be recused from hearing his case because he contributed to the GOP jurist's campaign, noting the panel hasn't even been selected yet.
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March 07, 2025
Mich. Justices Kick PFAS Rule Challenge Back To Panel
The Michigan Supreme Court on Friday punted 3M Co.'s challenge to state regulations limiting PFAS in tap water to a lower court to address subsequent regulatory developments and answer whether the company should have pursued an administrative appeal before suing.
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March 07, 2025
10th Circ. Urged To Reject Bid To Nix Microcaptive Notice
The federal government urged the Tenth Circuit to affirm a ruling that rejected a plumbing supply company's request to invalidate an IRS notice that added reporting requirements for certain microcaptive insurance arrangements, saying the lower court correctly found the suit would illegally hinder tax collection.
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March 07, 2025
Goldstein Must Be Tracked Amid 'Ongoing' Crimes, Feds Say
The federal government has doubled down on allegations that U.S. Supreme Court advocate and SCOTUSblog publisher Tom Goldstein has been secretly moving cryptocurrency, urging a federal judge to keep monitoring his electronic devices to prevent him from fleeing tax evasion charges.
Expert Analysis
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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NY Plastic Pollution Verdict May Not Bode Well For Other Suits
The dismissal of New York state's public nuisance complaint against PepsiCo over pollution of the Buffalo River with the company's single use plastic bottles may not augur well for similar lawsuits filed by Baltimore and Los Angeles County, although tort law varies from state to state, say attorneys at Winston & Strawn.
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What To Expect From Federal Cybersecurity Policy In 2025
There are 12 cyber policy questions to keep an eye on as the new administration and Republican control of Congress present an opportunity to advance less regulatory approaches and revisit some choices from the prior administration, say attorneys at Wiley.
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Bid Protest Spotlight: Certification, Lateness, SBA Eligibility
In this month's bid protest roundup, Cody Fisher at MoFo examines three recent decisions from the U.S. Court of Appeals for the Federal Circuit and the U.S. Government Accountability Office that address the treatment of a proposal that was timely submitted but received late, and highlight nuances of certification and small business eligibility requirements.
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How Decline Of Deference Will Affect Trump Policymaking
An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.
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Series
Ohio Banking Brief: All The Notable Legal Updates In Q4
Ohio's banking and financial services sector saw several significant developments in the fourth quarter of 2024, including a landmark Uniform Commercial Code ruling, adjustments to the state's Homebuyer Plus Program and the launch of the state's first women-led bank, says attorney Alex Durst.
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6 Predictions For Cyber Risk And Insurance In 2025
This year is likely to bring with it some thorny and expensive cyber challenges, including increased ransomware activity, more data breach class actions and continued efforts to define business interruption loss calculations, say attorneys at Wiley.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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Opinion
Courts Must Curb The Drug Price Negotiation Program
The Inflation Reduction Act's drug price negotiation program upends incentive structures that drive medical innovation, and courts must act appropriately to avoid devastating consequences for American healthcare and the pharmaceutical industry, says Jeff Stier at the Consumer Choice Center.
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E-Discovery Quarterly: Rulings On Custodian Selection
Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.
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Opinion
Section 230 Debates Will Continue, With Or Without TikTok
Regardless of whether TikTok is forced to shut down in the U.S. in the coming weeks, legal disputes will continue over social media platforms' responsibility under Section 230 of the Communications Decency Act for harms allegedly caused by content shared on their apps, says Carla Varriale-Barker at Segal McCambridge.
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Surprise NC COVID Ruling Revises Reasonable Expectations
The North Carolina Supreme Court's recent finding in favor of policyholders in a suit for business interruption coverage due to COVID-19 shutdown orders runs contrary to most other state and federal courts' holdings on the issue, and may revitalize the reasonable expectations doctrine in the state, say attorneys at Goldberg Segalla.
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Impact Of Successful Challenges To SEC's Rulemaking Ability
In 2024, the U.S. Securities and Exchange Commission faced significant legal challenges to its aggressive rulemaking agenda as several of its rules were vacated by the Fifth Circuit, which could hinder the SEC's ability to enact rules extending beyond express statutory authority in the future, say attorneys at Debevoise.
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5 Transition Tools Trump Could Use To Implement His Agenda
President-elect Donald Trump will have several tools available to him to halt or otherwise claw back federal regulations promulgated during the Biden administration, including reconciliation, executive orders and memoranda, say attorneys at Gibson Dunn.
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When Judging Product Label Claims, Follow The Asterisk
A recurring question in false advertising class actions is whether misleading or ambiguous statements on a product's front label can be cured by information on the back label — but recent decisions from the Ninth Circuit suggest that a front-label asterisk can help alert consumers to seek further clarification, say attorneys at Hunton.