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Appellate
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April 25, 2025
Refusing Mental Healthcare Means Liability, Pa. Justices Rule
Physicians in Pennsylvania can be held liable for turning away a mental health patient who goes on to harm someone if that patient came to the hospital asking for help, the state Supreme Court ruled Friday.
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April 25, 2025
Okla. Backs Wind Farm At 10th Circ. In Osage Mineral Dispute
Oklahoma is backing Enel Power in its Tenth Circuit bid to undo a $4.2 million judgment and order requiring it to remove 84 wind turbines from the Osage Nation reservation, saying the project provides tax revenue, employment and a stable power source for tens of thousands of homes.
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April 25, 2025
Up Next At High Court: Class Cert., Religious Charter Schools
The U.S. Supreme Court will hear oral arguments in five cases this coming week, including in disputes over whether courts can certify classes of plaintiffs when some members haven't suffered an injury and whether students alleging disability discrimination in public schools must meet a higher standard of proof to bring claims under the Americans with Disabilities Act.
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April 25, 2025
FDIC Defends In-House Enforcement For Banking At 7th Circ.
The Federal Deposit Insurance Corp. has pushed back against a former Illinois community bank chairman's argument that the U.S. Supreme Court's recent Jarkesy decision prohibits the FDIC from using in-house proceedings to bring enforcement claims that seek civil penalties, saying that banking-related actions, like the one at issue, are "different" from what Jarkesy involved.
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April 25, 2025
Texas High Court Keeps Alive REIT's 'Short And Distort' Suit
The Texas Supreme Court found that a farmland-centered real estate investment trust's suit against a Dallas-based hedge fund could continue, but in a Friday opinion it also said a bid to dismiss the suit under the state's anti-SLAPP law could proceed on the merits.
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April 25, 2025
Patents Commissioner Hits Positive Note On Agency Reforms
At an event to celebrate World Intellectual Property Day on Friday, the U.S. Patent and Trademark Office's acting patent division leader acknowledged the changes underway at the agency under the Trump administration, but said one key metric is trending in the right direction: pending patent applications.
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April 25, 2025
Tesla, Allies Urge Reversal Of Musk's $56B Pay Veto
Pointing to solid Tesla stockholder approval of Elon Musk's $56 billion, multiyear compensation plan, the Chamber of Commerce's national office has urged Delaware's Supreme Court to reverse a Chancery Court strikedown of the plan and reconsider a $345 million winning-side class attorney fee.
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April 25, 2025
7th Circ. Upholds Mixed Verdict Over Rolling Paper Ads
The Seventh Circuit upheld all aspects of a mixed verdict in a dispute between two rolling paper companies, saying that manufacturer HBI International had not violated the Lanham Act but also leaving in place a nationwide injunction against some of the company's advertising practices.
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April 25, 2025
Calif. Justices Say Sauce Cos. Can't Cap Willful Injury Liability
The California Supreme Court held Thursday that New England Country Foods can seek unlimited damages against a competitor for allegedly stealing its barbecue sauce recipe, answering a certified question from the Ninth Circuit that a contract provision between the companies restricting liability for willful injury is unenforceable.
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April 25, 2025
Tort Report: Texas Justices Set Dram Shop Standard
The Texas Supreme Court's clarification of a bar's liability in a suit over the alleged overserving of alcohol and a suit over a Boeing whistleblower's suicide lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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April 25, 2025
Is The 'Prevailing Party' Over For Civil Rights Attys?
The U.S. Supreme Court's ruling that preliminary injunctions don't entitle civil rights plaintiffs to recoup attorney fees was partly an attempt to reduce lengthy fee litigation, but it may have also reduced litigants' ability to vindicate their rights in court.
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April 25, 2025
Off The Bench: NIL Deal Drama, Oakley v. MSG, Transfer Rules
In this week's Off The Bench, the landmark $2.78 billion settlement to compensate college athletes hits a snag, a former New York Knick's assault case against Madison Square Garden may be on shaky ground, and Vanderbilt University's quarterback fights to protect his successful challenge against the NCAA's eligibility rules.
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April 25, 2025
Uber Asks NC Panel To Toss 3rd Suit Over Trucker Death
Uber's trucking and logistics arm has asked a North Carolina state appeals court to dismiss a packaging company's declaratory judgment suit over a trucker's death, arguing Friday that it is already facing two suits over the incident in other states and the lower court should not have let the case continue.
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April 25, 2025
Pa. Justices Clarify Property Use Statuses In Condemnations
The Pennsylvania Supreme Court on Friday reversed a lower court decision that determined that two separated land parcels shouldn't be considered and valued as a single parcel that's used for a single unified purpose.
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April 25, 2025
NJ Industrial Remediation Claims Not Time-Barred, Panel Says
A Garden State appellate panel on Friday revived New Jersey's suit seeking the remediation of a contaminated industrial property in the city of Camden and associated damages, ruling that the state's remediation claims are not time-barred.
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April 25, 2025
3rd Circ. Nixes Legal Group's Win In Pa. Voter Records Case
The Third Circuit overturned a victory for a conservative legal group that seeks to scour state voter registries for ineligible voters, finding Friday the group had not shown harm from Pennsylvania's denial of records in a way that went against the purpose of the National Voter Registration Act.
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April 25, 2025
10th Circ. Backs Spirit Aero's $31M Clawback From Ex-CEO
The Tenth Circuit on Friday backed Spirit AeroSystems Inc.'s decision to claw back $31 million worth of stock awards because a former CEO violated his noncompete agreement with the aircraft structure manufacturer, holding a lower court properly ruled the employment pact was enforceable under Kansas law.
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April 25, 2025
Apache Want To Pause Enviro Study Until High Court Ruling
An Apache nonprofit has urged an Arizona federal judge to issue an emergency injunction barring the government from transferring an ancient worship site to a mining company until the U.S. Supreme Court can rule on the group's petition, which seeks to block the endeavor.
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April 25, 2025
11th Circ. Backs FDA In Denial Of Bidi's Vape Application
The Eleventh Circuit has affirmed the denial of a marketing application for a tobacco-flavored electronic cigarette made by Bidi Vapor LLC, finding that the U.S. Food and Drug Administration did not act arbitrarily or capriciously in finding that the company failed to show the product would promote public health.
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April 25, 2025
Wells Fargo Looks To Upend $22M Disability Bias Loss
Wells Fargo is turning to the Fourth Circuit to challenge a $22.1 million verdict in an Americans with Disabilities Act case claiming the banking giant fired an investment director for requesting telework, according to a North Carolina federal court filing.
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April 25, 2025
2nd Circ. Rejects Tesla Buyer's Deceptive-Ad Case
The Second Circuit on Friday rejected an appeal from a Tesla buyer who claimed he was misled about his car's self-driving capabilities, ruling that he'd waited too long to bring the proposed class action.
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April 25, 2025
5 Issues Benefits Attys Want The Gov't To Shed Light On
The first three months of President Donald Trump's administration have left lawyers who represent employers and benefit plans hungry for clarity on issues like cryptocurrency as a 401(k) investment and coverage for gender-affirming care. Here, Law360 looks at five areas where attorneys are hoping for guidance or regulations.
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April 25, 2025
9th Circ. Won't Revive 'Recalcitrant' Atty's Judicial Complaint
The Judicial Council of the Ninth Circuit will not revive a judicial complaint brought against a federal judge by an attorney who was held in contempt and taken into custody for repeated outbursts and arguing with the judge during a 2021 jury trial.
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April 24, 2025
Circuit-By-Circuit Guide As Justices Confront Class Cert. Split
The U.S. Supreme Court is set for climactic arguments over class certification standards that have cleaved circuits from coast to coast for much of the past two decades, teeing up a make-or-break ruling for many class actions and a transformative event for legal practice in the swelling litigation realm.
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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.
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.