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Appellate
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March 21, 2025
NJ Panel Denies Bid To Block Affordable Housing Complex
A New Jersey appellate court refused to block a Rumson affordable housing project that was being challenged by local residents who said some of the proposed buildings are too tall.
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March 21, 2025
4th Circ. Revives TM Fight Over 'Westmont' Retirement Homes
A Virginia federal court incorrectly concluded that there could be no likelihood of confusion between two companies that operate retirement communities with the name "Westmont" because they are on opposite sides of the U.S., the Fourth Circuit said in remanding the case and ordering a more comprehensive analysis on potential consumer confusion.
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March 21, 2025
Gov't Backs GEO To Have Full 9th Circ. Mull $23.2M Wage Row
A Ninth Circuit panel disregarded Congress' wishes when it ordered the GEO Group to pay $23.2 million because it needed to pay detainees in a work program under Washington state's minimum wage, the government said, backing the company's bid for rehearing.
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March 21, 2025
Criminal Inaction Can Be Violence, Justices Rule In Mob Case
A divided U.S. Supreme Court on Friday upheld the conviction of an alleged New York mobster who argued he should not have been found guilty of a murder-for-hire scheme because he did not physically participate in the botched hit job.
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March 21, 2025
High Court Says Misleading Statements To FDIC Not Criminal
The U.S. Supreme Court on Friday overturned a Seventh Circuit ruling that upheld the conviction of a former Chicago alderman for making false statements about loans from a defunct bank, clarifying that the federal law in question criminalizes false statements but not those that are merely misleading.
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March 21, 2025
Fed. Circ. Backs Actavis' $12M Patent Suit Cost Deduction
Drugmaker Actavis can take a $12 million tax deduction for money it spent fending off lawsuits while securing approval to sell generic birth control and other drugs, the Federal Circuit ruled Friday, affirming the U.S. Court of Federal Claims' decision that the costs were deductible as ordinary business expenses.
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March 20, 2025
Judge Orders Feds To Explain If Removals Defied Injunction
U.S. District Judge James Boasberg on Thursday called the Trump administration's Thursday response to his inquiry into whether the deportation of Venezuelans violated his injunction "woefully insufficient," and gave the administration until Friday morning to fulfill its obligations and provide the court with an adequate response.
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March 20, 2025
9th Circ. Judge Takes Aim At Calif. Gun Ruling On YouTube
A Ninth Circuit judge on Thursday took to YouTube to issue a dissent over the court's decision to ban in California all high-capacity magazines for weapons, a move that several of his fellow judges lamented as "wildly improper" and said they needed to address "lest the genre proliferate."
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March 20, 2025
Sequoia Capital Rallies For Musk's $56B Tesla Pay Appeal
Venture capital firm Sequoia Capital Operations on Tuesday asked the Delaware Supreme Court for permission to back Elon Musk's appeal aimed at a Court of Chancery decision that had short-circuited the electric car company's 10-year, $55.6 billion compensation plan for the CEO.
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March 20, 2025
Calif. Panel Doubts Byron Allen's $100M McDonald's Suit
A California appeals panel expressed skepticism Thursday at an attempt by Byron Allen's television companies to revive their $100 million lawsuit accusing McDonald's of lying in a 2021 pledge to spend more advertising money on Black-owned media.
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March 20, 2025
Payday Lender Gets Appeal On Lawyer's Blackmail Conflict
The Second Circuit has decided to let a former payday lending executive, now incarcerated on charges that he ran a fraudulent $2 billion lending scheme, move ahead with a new appeal after hearing that his trial counsel faced blackmail from another client.
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March 20, 2025
11th Circ. Allows Remand Of EB-5 Suit To Fla. State Court
The Eleventh Circuit has dismissed the appeal of a Canadian citizen trying to compel arbitration and keep in federal court the suit accusing him of defrauding foreign investors, saying it doesn't have jurisdiction to review the order sending the case back to Florida state court.
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March 20, 2025
Texas Says Planned Parenthood Can't Get Atty Immunity
Texas has urged the full Fifth Circuit to reconsider a panel's decision concluding that Planned Parenthood is entitled to attorney immunity in a whistleblower suit accusing the organization of improperly billing Medicaid programs, saying state-law attorney immunity doesn't apply.
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March 20, 2025
FTC Asks 8th Circ. To Nix Click-To-Cancel Rule Challenges
The Trump administration's Federal Trade Commission isn't planning an about-face on the "click-to-cancel" rule debuted last year under the Biden administration, at least according to a recent filing asking the Eighth Circuit to dismiss a petition challenging the rule.
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March 20, 2025
Judge Won't Let Meijer Appeal Takeda's Arbitration Mandate
A Massachusetts federal judge refused Thursday to let Meijer immediately appeal his order letting Takeda Pharmaceutical force the grocery chain into arbitration and out of its role as a representative of a proposed class of direct purchasers suing over delayed generics to a constipation drug.
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March 20, 2025
'Skill Games' Don't Define One's Character, Court Says
Pennsylvania regulators can't judge owners and operators of so-called skill games terminals as lacking "good character" solely because the Pennsylvania Gaming Control Board has concerns about the legality and effects of the games, the state Supreme Court ruled Thursday.
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March 20, 2025
Utah High Court Leaves Youth Climate Claims Down For Now
The Utah Supreme Court on Thursday found that a group of youths hasn't shown it has grounds to pursue a lawsuit against the state over its energy policies that allegedly contribute to climate change.
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March 20, 2025
SEC Says 'Personnel Changes' Are Delaying 8th Circ. Briefing
The U.S. Securities and Exchange Commission has been granted more time to respond to an Eighth Circuit appeal questioning its definition of securities dealer, as the agency has said one attorney's exit has made it too difficult to stick to the prior briefing schedule.
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March 20, 2025
DOJ Drops Biden-Era Suit Over Texas Migrant Arrest Law
The U.S. Department of Justice has asked a federal judge to dismiss its challenge to a Texas law that allows state officials to arrest people suspected of crossing the border unlawfully and empowers state judges to order their removal.
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March 20, 2025
State AGs Want 11th Circ. Redo Of FCC Robocall Reg Ruling
Attorneys general from more than half the states and Washington, D.C., are urging the full Eleventh Circuit to reverse a panel decision that nixed a federal rule restricting the use of comparison shopping sites to generate robocall leads.
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March 20, 2025
8th Circ. Won't Pause FTC's Insulin Pricing Case
The Eighth Circuit refused Thursday to pause the Federal Trade Commission's in-house case accusing Caremark Rx, Express Scripts and OptumRx of artificially inflating insulin prices while the pharmacy benefit managers challenge the constitutionality of the proceedings.
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March 20, 2025
Mich. Judge Warns No-Fault Rulings Rely On 'Slick' Ground
A Michigan appellate judge on Wednesday flagged potentially flawed reasoning behind recent appellate decisions regarding minimum bodily injury no-fault coverage under state law, but joined a majority panel in finding an insurer must pay the statutory minimums for a fatal crash because the policyholder did not select a lower option.
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March 20, 2025
4th Circ. Skeptical Of Ex-Fire Captain's Free Speech Suit
A former Lynchburg, Virginia, fire captain faced an uphill battle Thursday to persuade a Fourth Circuit panel to revive his suit alleging he was unconstitutionally fired for social media posts that citizens called transphobic and racist, with one judge saying his posts created an "appalling situation."
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March 20, 2025
Walgreens Can't Dodge Wash. Law In 'Non-Drowsy' Label Suit
The Washington Supreme Court said Thursday that Walgreens could not avoid claims under the state's consumer protection law alleging its "non-drowsy" cough medicine label was deceptive, rejecting the retailer's contention that the law's safe harbor provision shielded it from a proposed class action in Illinois federal court.
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March 20, 2025
Progressive Wins $25M Appeal In Fla. Vehicle Injury Suit
A Florida state appellate panel reversed a $25 million judgment against Progressive American Insurance Co. in a lawsuit brought by a pedestrian who was struck by a car, finding that the insurer wasn't given the required 60-day notice to address any bad faith dispute before a complaint was filed.
Expert Analysis
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5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle
The Fifth Circuit's recent en banc opinion vacating Nasdaq's board diversity listing rule wades into the hotly debated topic of diversity, equity and inclusion initiatives at a time when many public companies are navigating the attention that DEI commitments are drawing from activists and shareholders, say attorneys at Debevoise.
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Lessons Learned From 2024's Top ADA Decisions
Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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The 6 Most Significant FCRA Litigation Developments Of 2024
From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.
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Fed. Circ. In December: A Patent Prosecution History Lesson
Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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What To Watch For In The 2025 Benefits Landscape
While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.
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Reviewing 2024's Crucial Patent Law Developments
As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.
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Contract Disputes Recap: Adjustments, Preclusion, Waivers
Ken Kanzawa at Seyfarth examines three recent decisions from the Civilian Board of Contract Appeals, the U.S. Court of Federal Claims and the Armed Services Board of Contract Appeals that examine distinctions between requests for equitable adjustments and claims, forum selection and res judicata, and the waiver of penalties for expressly unallowable costs.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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10 Noteworthy CFPB Developments From 2024
In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.