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Appellate
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March 19, 2025
Texas Justices OK With Venue Appeal Despite 'Politics' Involved
A Texas Supreme Court justice lamented Wednesday that venue choice has become "a matter of politics," but told counsel for the family of a girl killed when a bus ran into her that the law seemingly gives the opposing party the right to appeal a venue decision from the trial court.
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March 19, 2025
DC Circ.'s Copyright Denial Of AI Art Is A Sign Of Future Fights
A computer scientist's quest to register artwork made by his artificial intelligence system hit another roadblock this week when the D.C. Circuit concluded that only human authors qualify for copyright protection, but his case foreshadows complex questions that courts and perhaps Congress will have to grapple with as the technology evolves.
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March 19, 2025
Fed. Circ. Says Lacking License Dooms DOD Fuel Deal Protest
The Federal Circuit refused Wednesday to revive a case challenging a $134 million sole-source fuel supply contract for the U.S. military in Djibouti, saying the challenger wasn't eligible for the deal even if the Defense Logistics Agency had opened it up to competition.
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March 19, 2025
Ex-U.S. Rep. Loses 2nd Circ. Appeal In Insider Trading Case
Former Indiana Rep. Stephen Buyer has failed to convince the Second Circuit to overturn his insider trading conviction or to grant him a new trial, with the appellate court ruling Wednesday to keep his 22-month sentence intact.
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March 19, 2025
Ga. Justices Consider Election Board's Rulemaking Authority
Georgia's Supreme Court justices on Wednesday considered whether a trial court judge correctly blocked the enforcement of controversial State Election Board rules put in place before last year's general election, weighing arguments about whether the rulemaking aligned with the constitution's separation of powers.
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March 19, 2025
Retirees' Discovery Bid Rejected In Hilton Pension Suit
A D.C. federal judge on Wednesday refused to reopen discovery in a decades-old suit against Hilton Hotels Corp. filed by retirees who won on claims that the company violated federal benefits law by shortchanging their pensions, citing a lack of evidence in the record that Hilton wasn't complying with the court's judgment.
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March 19, 2025
Fla. Court Affirms Boardwalk Easement, Despite Defunct Law
Florida's First District Court of Appeal confirmed Wednesday that Walton County, Florida, had a right to a public easement on a beach, finding it need not have exercised that right before the federal government repealed the law under which the land was conveyed to private owners.
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March 19, 2025
Ill. Justices Probe Wholesalers' Knowledge Of Tainted Cilantro
Justices on Illinois' top court on Wednesday pressed attorneys in a case over allegedly contaminated cilantro to address when two wholesalers had actual knowledge the product may have made people sick, and what moment triggered a duty by a distributor to give notice for an implied warranty of merchantability claim.
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March 19, 2025
8th Circuit Rejects Minn. Tribe's Jurisdiction Rehearing Bid
The Eighth Circuit on Wednesday denied a Minnesota tribe's request for a panel or en banc rehearing on a decision to remand and vacate its challenge over law enforcement jurisdiction on its reservation after it told the court last month that its assessment of the case conflicts with precedent.
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March 19, 2025
Texas Justices Skeptical Boeing Can Dodge Airline Union Suit
Texas Supreme Court justices seemed wary of Boeing Co.'s argument that a pilot's union can't sue over lost compensation after a pair of deadly crashes involving the company's 737 Max airplanes, saying during oral arguments Wednesday it was seemingly making "policy arguments for Congress."
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March 19, 2025
Fed. Circ. Backs Partial Ax Of 'Money Mart' TM In Pawn Fight
The Federal Circuit has backed the Trademark Trial and Appeal Board's finding that two Dollar Financial Group trademark registrations for the phrase "Money Mart" can't be used for pawn brokerages and pawn shops.
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March 19, 2025
White House Says It Will Obey Court Orders But Faults Judges
White House Press Secretary Karoline Leavitt said on Wednesday the Trump administration will comply with court orders, but continued to escalate its verbal attacks on the judiciary.
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March 19, 2025
Plane Parts Maker Beats NC Appeal In Fatal Crash Suit
Continental Aerospace Technologies Inc. defeated an appeal of its win in a products liability lawsuit stemming from the deaths of two pilots who crashed in one of the manufacturer's planes, with the North Carolina Court of Appeals ruling the plaintiffs failed to differentiate their claims of a defective engine manual with those about the allegedly faulty aircraft.
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March 19, 2025
Procedural Flub Ends Peeping Nurse Appeal, NC Panel Says
A North Carolina state appellate panel on Wednesday axed an appeal in a negligence suit alleging a county allowed a nursing assistant to secretly film women at a county-owned clinic, saying the court lacks jurisdiction because the order being appealed wasn't final.
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March 19, 2025
Mich. Senate Asks High Court To Fast-Track Stalled Bill Case
The Michigan Senate has appealed directly to the Great Lakes State's highest court, saying the court's swift intervention is needed to resolve a "constitutional confrontation" that arose when the House refused to send passed legislation to the governor.
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March 19, 2025
7th Circ. Orders Tax Court To Clarify ESOP Suit Dismissal
The Seventh Circuit axed the U.S. Tax Court's dismissal of a transit company's suit over an employee stock ownership plan, saying the lower court must specify that it lacked the authority to review the case because it was filed before the IRS completed an exam.
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March 19, 2025
8th Circ. Upholds No-Coverage Ruling In Floor Paint Suit
A flooring company's insurer has no duty to cover roughly $134,000 in costs to remove and replace a vinyl floor because of a subcontractor's shoddy painting, the Eighth Circuit ruled Wednesday, rejecting the company's position that an exception in a faulty work exclusion applied to restore coverage.
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March 19, 2025
6th Circ. Says Pharmacist Doesn't Owe Tax On Forfeited IRA
A pharmacist doing time for running a Kentucky pill mill doesn't owe taxes on his forfeited retirement account, the Sixth Circuit ruled Wednesday, reversing a U.S. Tax Court decision that upheld what the appeals court described as an unexpected punishment.
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March 19, 2025
Activist Asks 9th Circ. To Revive Meta, Twitter RICO Fight
Political activist Laura Loomer urged the Ninth Circuit on Wednesday to revive her latest racketeering lawsuit alleging Meta and Twitter conspired with the government to censor conservative voices, arguing the lawsuit is distinct from three prior suits in part because this case involves accounts she used as a political candidate.
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March 19, 2025
10th Circ. Says 'Corner-Crossing' Hunters Didn't Trespass
A Tenth Circuit panel has ruled that Wyoming hunters who used an A-frame ladder to cross over private property to access public lands didn't trespass, finding an 1885 American frontier law protects the public's right to "corner-cross" and access public lands that are otherwise enclosed by private property.
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March 19, 2025
Mich. Judges Fret Over Danger Of Proposed Disclosure Rules
Michigan Supreme Court justices on Wednesday heard feedback on proposed changes to judicial canons to broaden judges' financial disclosure requirements and expressed concern over the need to balance transparency and accountability with the safety of judges and their families amid a rise in threats against the judiciary.
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March 19, 2025
Ohio Opioid Judge Says Texas Court Should Hear Appeal Bid
An Ohio federal judge overseeing multidistrict opioid litigation denied Albertsons Cos.' request to appeal its summary judgment loss in the bellwether case brought by a Texas county, saying Wednesday that since pretrial proceedings are now done, the appeal should head to the appellate court for the Lone Star State.
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March 19, 2025
3rd Circ. Passes On Appeal Of NJ Judicial Privacy Law Ruling
Data brokers cannot consolidate dozens of lawsuits in federal court that claim they violated the New Jersey data privacy statute known as Daniel's Law, after the Third Circuit declined to revisit an earlier ruling that sent the lawsuits back to state court.
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March 19, 2025
Law360 Announces The Members Of Its 2025 Editorial Boards
Law360 is pleased to announce the formation of its 2025 Editorial Advisory Boards.
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March 19, 2025
Legal Advertising Co. Escapes Texas Hurricane Ad Suit
An Arizona-based legal advertising company has ducked barratry claims in Texas over its efforts to attract victims of Hurricane Ida, with a state appeals panel affirming a trial court's ruling that the state court lacked jurisdiction over the company's work with Louisiana residents.
Expert Analysis
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Looking Back At 2024's Noteworthy State AG Litigation
State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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The Compliance Trends And Imperatives On Tap In 2025
The corporate ethics and compliance landscape is rapidly evolving, posing challenges from conflicting stakeholder expectations to technological disruptions, and businesses will need to explore human-centered, data-driven and evidence-based practices, says Hui Chen at CDE Advisors.
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Opinion
Congress Should Finally Add Clarity To Section 101
With both the U.S. House of Representatives and Senate introducing bills to provide guidance on what qualifies as patentable subject matter under the Patent Act, Congress will hopefully put an end at last to 10 years of uncertainty surrounding the question, says David Carstens at Carstens Allen.
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5 Advertising Law Trends To Watch In 2025
Although advertisers are encouraged by the incoming Trump administration's focus on deregulation, this year could feel like wading through uncharted waters, and decreased federal government regulation may mean increased state regulation, say attorneys at Reed Smith.
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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.