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Immigration
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November 06, 2024
Fla. Can't Reclaim Medicaid Payments On Immigrant Care
A Florida appeals court on Wednesday reaffirmed a previous decision that the state Agency for Health Care Administration cannot claw back asserted overpayments of Medicaid funds hospitals received for emergency services provided to eligible unauthorized immigrants, ruling in the class action that a statutory change did not overrule the decision but merely clarified the law.
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November 06, 2024
Families Separated Under Trump Get $6.4M For Fees, Costs
A California federal judge has signed off on $6.4 million in attorney fees and costs, most going to American Civil Liberties Union counsel representing thousands of immigrant families that were separated under a Trump-era "zero-tolerance" policy.
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November 06, 2024
Feds Say No Grounds To Amend Suit In Contract Ratings Row
A Texas company suing the U.S. government over its performance ratings for work on a $789 million border fence contract and seeking to potentially amend its complaint missed the proper windows to do so and could not fix the suit's defects anyway, the government told a Court of Federal Claims judge.
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November 06, 2024
1st Circ. Tells Immigration Board To Rethink Torture Definition
The First Circuit has ordered the Board of Immigration Appeals to reconsider denying removal relief for a man wanted for murder in Jamaica, finding that the board incorrectly assumed that direct police participation was needed to back his fear of torture.
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November 06, 2024
Judge Says Asylum Delays Are Reasonable Given Backlogs
A Miami federal judge said Tuesday that a backlog of asylum applications is a fair reason for a four-year delay in processing the application of a Russian national who sued over the hold-up.
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November 06, 2024
The Legal Work Awaiting Attys During Trump's Second Term
Former President Donald Trump's return to the White House following his election victory on Tuesday is sure to bring a series of policy changes that will keep lawyers busy, particularly attorneys working in international trade, immigration, tax and antitrust.
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November 05, 2024
Trump Has Official Immunity. What About His Aides?
Whether the U.S. Supreme Court's decision on presidential immunity extends to subordinates who follow a president's orders has become a more pressing question in the wake of Donald Trump's projected election win, according to legal experts.
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November 05, 2024
How Trump Can Quash His Criminal Cases
Donald Trump's projected victory at the polls also translates to a win in the courts, as the second-term president will have the power to end both of his federal criminal cases. And the U.S. Supreme Court's decision on presidential immunity would shield him from any consequences for ordering his charges to be dismissed, experts say.
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November 05, 2024
An Early Look At Trump's Supreme Court Shortlist
With former President Donald Trump projected to win the 2024 presidential election and the Republicans' success in securing the U.S. Senate majority, Trump may now get the chance to appoint two more justices to the U.S. Supreme Court, cementing the court's conservative tilt for decades to come.
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November 05, 2024
GOP's Senate Win Hands Future Of The Judiciary To Trump
Republicans were projected to take back the White House and Senate and possibly the House early Wednesday, putting the GOP in position to back Donald Trump's agenda and his slate of young, conservative judicial nominees.
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November 05, 2024
The Firms With An Inside Track To A New Trump Admin
Law firms that have represented Donald Trump and the Republican Party on everything from personal legal woes to election-related lawsuits could see the risks of that work pay dividends as Trump is projected to secure a second term in office.
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November 05, 2024
Electors Explicitly Restrict Noncitizen Voting In 8 States
Voters across eight states approved Republican-backed ballot measures to amend state constitutions barring noncitizens from voting in state and local elections.
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November 05, 2024
Ariz. Voters Embrace Migrant Arrest And Removal Measure
The Arizona electorate voted in favor of giving state and local law enforcement authorities the power to arrest noncitizens crossing the border unlawfully, joining other states that have passed similar measures.
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November 05, 2024
Immigrant Bond Cos. Slam 'Knee-Jerk' CFPB In $811M Fight
Immigrant bond companies appealing an order to pay $811 million for allegedly abusive bonding practices have told the Fourth Circuit that the Consumer Financial Protection Bureau's attempt to uphold that sanction is "aimed at the heartstrings and meant to evince a knee-jerk reaction to conduct that was distasteful" but said there is "nothing that can be done to alter the past."
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November 05, 2024
Paxton Seeks Sanctions In Immigration Nonprofit Row
The office of Texas Attorney General Ken Paxton has asked an El Paso federal judge to sanction an immigrant rights nonprofit, claiming that it resisted a civil investigation by making misrepresentations to the court.
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November 05, 2024
2nd Circ. Blocks Schizophrenic Immigrant's Removal Order
The Second Circuit on Tuesday vacated an order for a man with schizophrenia to be removed to Jamaica, finding that an immigration judge had failed to adequately ensure that his court proceedings had safeguards to address his mental illness.
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November 05, 2024
Spousal Work Permit Rule Doesn't Need Rethink, Feds Say
The government urged the DC Circuit to deny a full panel hearing to a group of ex-information technology workers challenging a visa work rule, saying the workers hadn't shown that the rule exceeds the U.S. Department of Homeland Security's authority.
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November 05, 2024
On The Ground: How Attorneys Safeguarded The Election
Attorneys worked tirelessly Tuesday to support citizens and election workers on the final day of voting in one of history's most contentious presidential contests.
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November 04, 2024
Justices Revive Immigration Case In Light Of Loper Bright
The U.S. Supreme Court on Monday vacated a Second Circuit decision denying a Chinese national's appeal of an immigration judge's removal order, citing its recent Loper Bright decision overturning decades-old precedent instructing judges about when they could defer to federal agencies' interpretations of law in rulemaking.
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November 04, 2024
Hit-And-Run Is Moral Turpitude, Immigration Board Says
A divided panel of the Board of Immigration Appeals upheld a removal order for a man convicted of striking an individual dead while driving intoxicated and fleeing the scene, finding that his actions constitute a crime of moral turpitude.
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November 04, 2024
Texas Border Buoy Trial Delayed After En Banc Ruling
An Austin federal judge paused an impending bench trial between the Biden administration and the state of Texas over a 1,000-foot buoy barrier in the Rio Grande, reopening discovery Monday in the wake of an en banc circuit court opinion that slammed the judge for ordering the removal of the buoys.
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November 04, 2024
Justices To Review 30-Day Appeal Window In Removal Case
The U.S. Supreme Court on Monday accepted a case that could resolve a circuit split on whether noncitizens with final removal orders must appeal to courts within 30 days of the order, or 30 days after administrative appeals conclude.
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November 01, 2024
USCIS Moves To Toss Regional Centers' EB-5 Guidance Fight
U.S. Citizenship and Immigration Services has urged a D.C. federal judge to toss a lawsuit alleging that it unlawfully changed the minimum investment period for foreign investors seeking green cards, saying it did not create a legislative rule but merely interpreted one.
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November 01, 2024
#MeToo, Except For Migrants Fleeing Gender-Based Violence
Women fleeing gender-based violence face an uphill battle in a U.S. asylum system that has long been perceived as largely geared toward victims of state persecution and has yet to absorb the #MeToo movement's cultural shift.
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November 01, 2024
Army Allies Slam Bid To Trim Visa Case For Pending Plan
Afghan and Iraqi military translators slammed U.S. immigration officials' efforts to trim their lawsuit challenging delays with their visa applications, telling a D.C. federal court that the Biden administration's plan to streamline visa processing is not yet final.
Expert Analysis
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Series
After Chevron: Courts Will Still Defer To Feds On Nat'l Security
Agencies with trade responsibilities may be less affected by Chevron’s demise because of the special deference courts have shown when hearing international trade cases involving national security, foreign policy or the president’s constitutional authority to direct such matters, say attorneys at Venable.
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What 7th Circ. Collective Actions Ruling Means For Employers
With the Seventh Circuit’s recent Fair Labor Standards Act ruling in Vanegas v. Signet Builders, a majority of federal appellate courts that have addressed the jurisdictional scope of employee collective actions now follow the U.S. Supreme Court's limiting precedent, bolstering an employer defense in circuits that have yet to weigh in, say attorneys at Jackson Lewis.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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A Preview Of AI Priorities Under The Next President
For the first time in a presidential election, both of the leading candidates and their parties have been vocal about artificial intelligence policy, offering clues on the future of regulation as AI continues to advance and congressional action continues to stall, say attorneys at Mintz.
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How Methods Are Evolving In Textualist Interpretations
Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.
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Why Attorneys Should Consider Community Leadership Roles
Volunteering and nonprofit board service are complementary to, but distinct from, traditional pro bono work, and taking on these community leadership roles can produce dividends for lawyers, their firms and the nonprofit causes they support, says Katie Beacham at Kilpatrick.
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Firms Must Offer A Trifecta Of Services In Post-Chevron World
After the U.S. Supreme Court’s Loper Bright Enterprises v. Raimondo decision overturning Chevron deference, law firms will need to integrate litigation, lobbying and communications functions to keep up with the ramifications of the ruling and provide adequate counsel quickly, says Neil Hare at Dentons.
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5 Tips To Succeed In A Master Of Laws Program And Beyond
As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.
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Series
Being An Opera Singer Made Me A Better Lawyer
My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.
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How Law Firms Can Avoid 'Collaboration Drag'
Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.
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Opinion
Litigation Funding Disclosure Key To Open, Impartial Process
Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.
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What NFL Draft Picks Have In Common With Lateral Law Hires
Nearly half of law firm lateral hires leave within a few years — a failure rate that is strikingly similar to the performance of NFL quarterbacks drafted in the first round — in part because evaluators focus too heavily on quantifiable metrics and not enough on a prospect's character traits, says Howard Rosenberg at Baretz+Brunelle.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.