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Appellate
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April 07, 2025
Ruling Adds To Risk Of Patent Format Tied To Improvements
A Federal Circuit decision from last month has created pitfalls for entities using a type of patent claim that describes an improvement on previous technology, making the so-called Jepson format, which is already uncommon, even less appealing for applicants, attorneys said.
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April 07, 2025
Pa. Supreme Court Snapshot: Electric Bills, Jock Tax
The Pennsylvania Supreme Court will open its three-day session in Pittsburgh Tuesday with arguments over how to weigh when a coworker or co-owner shares in an employer's immunity from lawsuits under the state's workers' compensation law, and if electricity providers can get additional services put on the utility bills drawn up by power distributors.
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April 07, 2025
Policy Group Tells 4th Circ. Drug Discount Law Needs Reform
The Fourth Circuit on Monday allowed a Boston-based think tank to file an amicus brief supporting a district court's injunction against a West Virginia law that pharmaceutical companies and lobbyists claim unconstitutionally expands a federal drug discount program.
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April 07, 2025
NJ Panel Upholds Nix Of Police Unions' Retroactive Pay Suit
Two New Jersey police unions couldn't convince a state appeals court that Atlantic City and the state owed retroactive raises to officers, an appellate panel ruled Monday, finding a law focused on assisting municipalities with financial troubles supplants agreements about wage increases and promotions.
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April 07, 2025
9th Circ. Partially Reverses LA Port Co.'s Coverage Suit
The Ninth Circuit on Monday held that United National Insurance Company was obligated to defend a Los Angeles Port operator against pollution claims brought by the city, but said a district judge deprived the insurer of a jury trial on the operator's claimed defense costs due to the breach of contract.
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April 07, 2025
USAA Wants Full Fed. Circ. To Hear PNC's Patent Board Wins
A San Antonio-based bank that lost two of its patents covering technology used to deposit checks through smartphones — including one tied to a $218 million jury verdict against PNC Bank — is arguing that a Federal Circuit panel has allowed the patent board "to escape its obligation to explain itself."
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April 07, 2025
VLSI Argues Fintiv Memo Withdrawal Enhances PTAB Appeal
The U.S. Patent and Trademark Office's recent decision to withdraw guidance on its discretionary denial policy means the Federal Circuit should revive a VLSI Technology chip patent reviewed explicitly based on that policy, the patent owner said Friday.
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April 07, 2025
6th Circ. Says Job Performance Dooms Ex-Exec's Bias Suit
The Sixth Circuit backed security company Idemia's defeat of a former executive's lawsuit claiming he was forced out because he was over 50 and undergoing prostate cancer treatment, finding Monday he couldn't overcome the explanation that his boss had lost confidence in his leadership abilities.
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April 07, 2025
Fed. Circ. Stumbles Over The Word 'Unit' In Cross-Patent Fight
The Federal Circuit spent a chunk of its morning Monday grappling with whether a limitation in a patent specification describes a specific unit or a type of unit as it heard cross-appeals from Mondis Technology and LG Electronics in a patent fight they have been battling out for over a decade.
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April 07, 2025
Judges Probe Greek Air Force Contract Dispute's Timeliness
Skeptical Federal Circuit judges pushed Greece's Air Force on Monday to explain why its $21.75 million suit over faulty reconnaissance cameras wasn't untimely, saying it seemed to be aware of related issues years before suing the U.S. government.
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April 07, 2025
Justices Remove Bar On Venezuelan Removals
The U.S. Supreme Court on Monday ruled the Trump administration can move forward with its removal of alleged Venezuelan gang members from the United States under the Alien Enemies Act, vacating a D.C. federal judge's order that had temporarily blocked President Donald Trump's invocation of the 1798 wartime law.
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April 07, 2025
Monthly Merger Review Snapshot
The Federal Trade Commission sued to block GTCR BC's planned purchase of a medical device coatings company, the Justice Department's antitrust case against Live Nation survived a dismissal bid and a New York state court found a ski mountain deal hurt competition. Here, Law360 looks at the major merger review developments from March.
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April 07, 2025
Conn. Healthcare Facility Seeks To Flip $13.4M Death Verdict
An assisted living facility has asked the Connecticut Appellate Court to throw out a $13.4 million jury verdict surrounding a patient's death, arguing his estate improperly added a time-barred Patient Bill of Rights claim months before trial and didn't adequately prove a breathing apparatus failed.
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April 07, 2025
9th Circ. Says Teamsters Didn't Taint UPS Election
Teamsters representatives didn't taint the results of a UPS union representation election by chatting with workers in a warehouse parking lot while the vote went on inside, a Ninth Circuit panel ruled Monday, saying the representatives' "brief conversations with three voters … did not constitute objectionable electioneering or voter intimidation."
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April 07, 2025
Top Court To Weigh Limits On Atty-Client Talks During Recess
The U.S. Supreme Court said Monday it will take up the Sixth Amendment case of a man convicted of murder who was not allowed to consult with his lawyer about his testimony during a 24-hour break that came in the middle of his time on the stand.
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April 07, 2025
Ga. Appeals Court Rips Judge For Denying Recusal Bid
A Georgia Court of Appeals panel on Monday stripped a child custody case from a Fulton County judge after finding he improperly denied a mother's recusal motion instead of referring it to another jurist.
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April 07, 2025
Mass. Firm Prevails Over Ex-Attys In Stolen Client Files Saga
A Massachusetts appeals panel has found that a law firm may recoup damages from its former attorneys who are accused of smuggling out client files to start a new shop while still employed, the latest ruling in a yearslong legal battle that has played out across the state's trial, appellate and supreme courts.
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April 07, 2025
11 States Tell 6th Circ. To Ax Mich. Conversion Therapy Ban
Eleven U.S. states led by Iowa and South Carolina urged the Sixth Circuit to strike down Michigan's ban on conversion therapy for minors, saying the law censors therapists' speech.
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April 07, 2025
GOP Judge's Ballot Challenge Returns To NC High Court
The North Carolina State Board of Elections and state Supreme Court Justice Allison Riggs have asked her colleagues on the high court bench to take up her Republican opponent's election protests following his victory in the intermediate appeals court.
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April 07, 2025
Conn. High Court Snapshot: Atty's 'Double' ID Theft Damages
When it convenes for its next term, Connecticut's highest court will weigh whether an attorney whose identity was stolen can skirt a panel's ruling that he is not entitled to a "double recovery" of damages, and it will consider an insurance agent's responsibilities when a policyholder's coverage is canceled.
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April 07, 2025
Meta May Not Scroll Past 'Clever' Instagram Addiction Suit
Meta Platforms Inc. may struggle to convince Massachusetts' top court to dismiss a suit claiming it illegally hooks kids on Instagram, according to experts, who credit the state's attorney general for a creative legal strategy to thwart web platforms' usual defenses.
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April 07, 2025
Mass. High Court Ponders 'Reasonable' Wear In Lease Dispute
Massachusetts justices on Monday grappled with defining "reasonable" wear and tear on a rental property as they considered whether a property owner can require tenants to have their apartments professionally cleaned when moving out.
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April 07, 2025
Justices Enter Fray Over Criminal Restitution As Punishment
The U.S. Supreme Court agreed Monday to wade into what counsel for a convicted Georgia bank robber called a "deeply entrenched" circuit split over the constitutionality of a federal law that requires criminals to continue paying restitution with compounding interest for decades after conviction.
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April 07, 2025
Justices Won't Hear Lion Air Family's Boeing Jury Trial Bid
The U.S. Supreme Court on Monday declined to hear a challenge to a more than century-old law governing fatal accidents on the high seas, curtailing an effort from the estate of a 737 Max crash victim to get Boeing to face a jury trial over the 2018 Lion Air incident.
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April 07, 2025
Justice Roberts Pauses Return Order In Deportation Case
Chief Justice John Roberts hit pause Monday on a federal judge's order requiring the Trump administration to quickly bring back a Maryland man who was mistakenly deported to El Salvador and imprisoned there, freeing the administration from a late night compliance deadline.
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.