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Appellate
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March 25, 2025
Texas Panel Asks If Guadalupe Diversion Meshes With Law
A Texas appeals panel questioned the state on Tuesday on why it didn't conduct site-specific assessments before issuing a permit to divert water from the Guadalupe River, saying that the Texas Water Code appeared to conflict with the state's process.
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March 25, 2025
9th Circ. OKs Jan. 20 Pause On New Refugee Admissions
The Ninth Circuit granted in part Tuesday the Trump administration's emergency bid to stay a preliminary injunction barring President Donald Trump from suspending the U.S. refugee program, but clarified that refugees whose requests were processed prior to Trump's Jan. 20 order must be admitted.
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March 25, 2025
Dow, PPG Likely To Face Modesto's Contamination Claims
A California appellate court tentatively ruled Tuesday that the city of Modesto's claims against Dow Chemical and PPG Industries related to perchloroethylene in the city's soil and water at a dry-cleaning site that used a solvent they manufactured weren't filed too late, saying the allegations were encompassed in the original 1998 complaint.
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March 25, 2025
Insurers Claim 4th Circ. Must Revisit Ruling For Aluminum Co.
Insurers in a coverage cap dispute with an aluminum company have asked the Fourth Circuit to reconsider an opinion holding that an ambiguous policy provision must be construed in the company's favor, calling it contrary to South Carolina law.
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March 25, 2025
Fed. Circ. Upholds Meta's PTAB Win On Xerox Message Patent
The Federal Circuit on Tuesday shot down Xerox Corp.'s bid to overturn a Patent Trial and Appeal Board decision that claims in its message distribution patent were invalid, handing a win to Meta in the tech giant's challenge to the patent.
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March 25, 2025
6th Circ. Won't Rethink Ruling On 'Captive Audience' Memo
A Sixth Circuit panel on Tuesday said it wouldn't rethink its ruling that a Michigan construction trade group lacks standing to challenge the constitutionality of a memo from the National Labor Relations Board former general counsel regarding employers' anti-union meetings.
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March 25, 2025
Insurance Mogul Seeks To Overturn $122M Contempt Order
A convicted billionaire embroiled in lawsuits over the demise of his insurance empire wants out of a nine-figure contempt order, telling the North Carolina Court of Appeals that neither he nor his company has the ability to pay more than $122 million to purge the contempt.
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March 25, 2025
Calif. Justices Reject Fees For Hyundai Drivers In Settled Case
A California couple who settled a lemon law dispute with Hyundai Motor America during trial for less than what the carmaker had previously offered cannot recover their costs from Hyundai because they did not win a judgment and are not the prevailing party, the state supreme court ruled.
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March 25, 2025
Mich. Legislators Tell Justices They Can Sue Over Voting Laws
Eleven Republican Michigan lawmakers have asked the U.S. Supreme Court to find they have standing to challenge the validity of ballot initiatives that expanded early voting and voter registration in Michigan and placed redistricting in the hands of a citizen commission.
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March 25, 2025
Drug Co. Wants Fed. Circ. To Undo Pfizer COVID Patent Win
A Boston drug developer that lost its infringement case against Pfizer over the New York company's blockbuster Paxlovid COVID-19 treatment has told the Federal Circuit that a contentious issue regarding a typo in a patent document should have gone to a jury.
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March 25, 2025
Delaware Legislature Passes Divisive Corporate Law Rework
Delaware lawmakers overwhelmingly approved and sent to the state's governor Tuesday legislation that eases restrictions on some conflicted corporate acts and limits some stockholder document inspection demands, after House members overwhelmingly shot down five amendments aimed at limiting the measure's reach.
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March 25, 2025
Split 10th Circ. Finds Arbitrator Went Too Far With USW Award
A divided Tenth Circuit panel concluded Tuesday that an arbitrator went beyond his powers when finding salaried employees at an HF Sinclair facility in Wyoming must be part of a bargaining unit represented by the United Steelworkers, saying the issue was not brought to arbitration by either party.
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March 25, 2025
ND Justices Weigh Liberty Rights In Abortion Ban Challenge
North Dakota's top court on Tuesday wrestled with whether a recently passed anti-abortion law violates personal liberty rights and questioned both sides about the meaning of exceptions to the ban written into the law.
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March 25, 2025
Justices Grapple With Circuit Courts' Clean Air Act Authority
U.S. Supreme Court justices on Tuesday indicated they want to preserve circuit courts' jurisdiction over certain regional Clean Air Act disputes but recognized that Congress deliberately prioritized the D.C. Circuit's authority in many important areas of the law.
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March 25, 2025
'Biased' Arbitration At Stake As Flores, NFL Speak To 2nd Circ.
A Second Circuit panel weighing former NFL coach Brian Flores' discrimination suit against the league acknowledged Tuesday that shipping the aggrieved coach's dispute to arbitration could pave a new course in corporate dispute settlement.
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March 25, 2025
Sam Smith Tune Gets Close Listen In 9th Circ. Copyright Fight
A Ninth Circuit panel considered Tuesday whether to resurrect a copyright lawsuit over pop stars Sam Smith and Normani's 2019 hit "Dancing With a Stranger," with one appellate judge observing that the song's hook shares lyrics, pitches and rhythm with that of a 2015 track called "Dancing With Strangers."
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March 25, 2025
NC Justices Agree To Hear Traffic Stop Smell Test Appeal
The North Carolina Supreme Court has agreed to take up an appeal of a man's conviction for possession of a firearm by a felon after he argued that the smell of cannabis and cologne are not sufficient to justify searching his vehicle at a traffic stop.
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March 25, 2025
San Diego Airport Authority Backs Alaska Air's DCA Flight Slot
The San Diego County Regional Airport Authority is backing federal transportation regulators' decision to grant Alaska Airlines a slot exemption for long distance flights out of Ronald Reagan Washington National Airport, telling the D.C. Circuit that Alaska's direct flights to San Diego "would produce enormous savings, efficiency, and benefits to the public at large."
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March 25, 2025
NJ Casinos Urge 3rd Circ. Not To Revive Room-Pricing Suit
Atlantic City casino-hotel owners have told the Third Circuit a lower court was right to toss a case accusing them of inflating room rates by using the same software to set prices because there's no problem with multiple businesses separately choosing to use the same service.
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March 25, 2025
Pro Tennis Player Asks 11th Circ. To Affirm $9M Abuse Ruling
A professional tennis player who was awarded $9 million over claims of sexual abuse from her coach has asked the Eleventh Circuit to uphold the ruling, arguing that a Florida federal court properly found the training facility should have done more to protect her based on the evidence.
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March 25, 2025
2nd Circ. Backs Broad Reading Of ADA In Teacher's PTSD Suit
The Second Circuit revived a teacher's suit Tuesday claiming her school district failed to accommodate her PTSD with afternoon work breaks, upending a lower court's finding that the district wasn't required to provide the breaks because she could perform her key duties without them.
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March 25, 2025
No Caprice In OSHA's Work Citation Rules, 11th Circ. Hears
The Occupational Safety and Health Administration urged the Eleventh Circuit Tuesday to ignore a Georgia roofing contractor's claims that it can't be on the hook for a $158,000 fine under the agency's "capricious" multiemployer citation rule, alleging the company's counsel told it to avoid being caught on the work site to dodge liability.
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March 25, 2025
ITC, Chinese Co. Urge Justices To Skip Coke Sweetener Case
A Chinese company and the U.S. International Trade Commission are urging the U.S. Supreme Court to reject a case from the company that developed the artificial sweetener used in Coke Zero and that wants to keep patents that were filed at the patent office after the drinks went on sale.
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March 25, 2025
Judge Orders HUD To Reinstate $30M In Housing Grants
A Massachusetts federal judge temporarily revived $30 million in housing anti-discrimination grants slashed by the Trump administration, explaining that his hands are essentially tied by a First Circuit ruling in a separate case reinstating teacher training grants.
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March 25, 2025
Doctor Defends Exam Saying Judge Newman Is Fit To Serve
A neurosurgeon who examined Federal Circuit Judge Pauline Newman and declared her fit to serve on the bench pushed back Tuesday on criticism of his evaluation made by doctors retained by the appeals court's other judges, who have suspended the 97-year-old jurist.
Expert Analysis
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What FARA Enforcement In 2024 Reveals For The Year Ahead
A number of developments, from indictments to legislation, shaped the Foreign Agents Registration Act enforcement landscape last year, and following the U.S. Department of Justice's recently released long-awaited proposed amendments to the law, 2025 shows no signs of slowing down, says Tessa Capeloto at Wiley.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Lessons Learned From 2024's Top FMLA Decisions
Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.
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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.