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Appellate
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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.
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April 24, 2025
Trump Asks Justices To Lift Pause On Transgender Troop Ban
The Trump administration urged the U.S. Supreme Court on Thursday to lift a Washington federal judge's order prohibiting enforcement of the Pentagon's ban on transgender military service, arguing that the ruling contradicts two emergency docket orders issued during President Donald Trump's first term.
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April 24, 2025
Calif. Panel Says Insurance Adjuster's PAGA Suit Is Too Late
A former adjuster for an insurance claims management company was too late in filing his Private Attorneys General Act suit seeking penalties for unpaid overtime on behalf of other workers, a California appellate panel ruled, upholding a lower court.
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April 24, 2025
4th Circ. Won't Rehear Health Data Access Order Challenge
The Fourth Circuit has declined an electronic medical records firm's request for the appellate court to rethink a panel's decision to dismiss its appeal of an order forcing the company to let a nursing data business access its patient information.
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April 24, 2025
Trampoline Park's Discovery Nixed Arbitration, NJ Panel Says
A Garden State trampoline park waived its right to compel arbitration in a negligence case by taking part in extensive discovery before filing its motion, a New Jersey appellate panel ruled Thursday.
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April 24, 2025
Tax Cos. Head To 9th Circ. Over IRS Worker Credit Denials
Two tax assistance companies are appealing to the Ninth Circuit an Arizona federal court ruling denying their request to stop the IRS from issuing batch denials of thousands of pandemic-era worker credit claims, including those filed by their clients.
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April 24, 2025
Appeal Fast-Tracked In Feud Over Use Of Ex-Atty's Name
The Second Circuit has fast-tracked an appeal by a Connecticut attorney who lost a lawsuit over his former law firm's alleged unauthorized use of his name and likeness after his firing.
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April 23, 2025
No Need To Look At Tire IP Dispute, Toyo Tells Justices
Japanese tire giant Toyo Tire Corp. urged the U.S. Supreme Court on Wednesday not to examine a Federal Circuit ruling that discarded a $10 million award in a case that's been going on for over a decade around allegations of interfering with a rival's business through patent settlements with other companies.
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April 23, 2025
11th Circ. Considers Timeliness Of J&J Pelvic Mesh Claims
An Alabama couple urged the Eleventh Circuit on Wednesday to revive their lawsuit over injuries allegedly caused by pelvic mesh manufactured by Ethicon Inc. and its parent Johnson & Johnson, arguing that a district court wrongly found their claims were time-barred.
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April 23, 2025
Latest CFPB Layoffs Need Court's Scrutiny, DC Circ. Told
The National Treasury Employees Union has hit back at a Trump administration bid to resume mass layoffs of nearly all the Consumer Financial Protection Bureau's workforce, urging the D.C. Circuit to leave a federal judge's temporary restraining order in place.
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April 23, 2025
Firm Can't Fight Conn. Scam Suit Fee Rulings, Ex-Client Says
A Connecticut judge should not reconsider an award of attorney fees and interest against the law firm Mancini Provenzano & Futtner LLC because it already waived its arguments or brought them up in a pending appeal of a negligence judgment, a former client said this week.
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April 23, 2025
Judge's Same-Sex Wedding Ban Legal In Texas, Justices Hear
A Texas appeals panel balked at a state judge's argument that refusing to officiate same-sex marriages keeps with Texas law during oral arguments Wednesday, saying the discussion had gotten "far afield" of the issues before the court.
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April 23, 2025
Fed. Circ. Won't Revive Minority Farmer COVID Debt Relief Suit
The Federal Circuit declined to revive claims by socially disadvantaged farmers who said the government owes them millions of dollars after repealing a coronavirus pandemic-era debt relief program, ruling Tuesday the farmers failed to show the government had a mutual intent to enter a binding contract.
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April 23, 2025
Fed. Circ. Won't Immediately Pause Sanctions On IP Attys
A Federal Circuit judge on Wednesday declined to provide immediate relief to attorneys from Texas patent firm Ramey LLP fighting sanctions they've deemed "career ending," letting stand penalties coming due for practicing without licenses in California, among other conduct.
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April 23, 2025
Qualcomm Patent Revived As Fed. Circ. Axes Apple PTAB Win
The Federal Circuit on Wednesday reversed the Patent Trial and Appeal Board's invalidation of a Qualcomm circuit patent challenged by Apple, saying the board's decision was improperly based on an admission Qualcomm made in its patent about earlier technology.
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April 23, 2025
4th Circ. Says Immigration Board Evidence Standard Too High
The Fourth Circuit on Tuesday gave an Ethiopian man another chance to reopen his removal case following his marriage to an American woman, ruling that the Board of Immigration Appeals applied the wrong standard when it required that he provide "clear and convincing evidence" of his marriage's "bona fides."
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April 23, 2025
Fed. Circ. Agrees MS Generic Drug Didn't Infringe Metacel IP
The Federal Circuit on Wednesday backed a New Jersey federal judge's finding that Rubicon Research's generic version of Metacel's drug Ozobax does not induce doctors and patients to infringe a Metacel patent.
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April 23, 2025
Iraq's Counsel Can Stay In $120M Award Fight, DC Circ. Says
The D.C. Circuit has declined to nix Pierson Ferdinand LLP's appearance as counsel for Iraq in an appeal challenging the enforcement of a $120 million arbitral award issued to a Cypriot construction and engineering firm, rejecting the company's allegations that Iraq engaged in "gamesmanship."
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April 23, 2025
Fed. Circ. Passes Game Controller Patent Case Back To PTAB
Video game developer Valve on Wednesday won yet another chance to convince patent board judges to look at its challenge to claims in a rival's video game controller patent asserted in litigation in Washington federal court.
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April 23, 2025
Denver Water Says Dam Work Won't Hurt Environment
The utility Denver Water urged the Tenth Circuit to lift part of a Colorado district court's ruling that stopped construction of a new dam, arguing that allowing construction to go forward won't impact environmental issues that environmental groups are actually concerned about.
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.