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Featured
Justices Decline To Revisit Landmark Press Freedom Ruling
The U.S. Supreme Court on Monday denied casino mogul and Trump donor Steve Wynn's bid to overturn a landmark ruling on press freedom that established a high evidentiary standard for public figures to pursue defamation claims.
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April 14, 2025
Law Firm Fights 'Career Ending' Calif. Sanctions At Fed. Circ.
Three attorneys from Texas patent firm Ramey LLP asked the Federal Circuit to press pause on a California magistrate judge's sanctions against them, arguing that their case was not filed in bad faith, they were not practicing law in California without a license and the penalties imposed on them are too harsh.
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April 14, 2025
NJ High Court Advances DuPont Appeal In $1B Pollution Suit
The New Jersey Supreme Court will allow Chemours and E.I. du Pont de Nemours to appeal a trial court's ruling that a small New Jersey town has standing to bring its $1 billion pollution suit, according to a recent order.
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April 14, 2025
1st Circ. Can't Hear Class Suit Coverage Row, Oil Co. Says
A heating oil company urged the First Circuit to toss an appeal its insurers filed following a ruling that they must continue defending the company and several executives in a class action over alleged damage caused by oil containing elevated levels of biodiesel, saying the court doesn't currently have jurisdiction.
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April 14, 2025
Military Voters Say Ballots Should Count In NC High Court Race
Military and overseas voters registered in North Carolina are mounting a constitutional challenge to a Republican judge's efforts to discount their ballots, filing a federal lawsuit Monday just as the Democratic incumbent lost her bid to halt the ballot corrections process.
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April 14, 2025
Ex-Reed Smith Atty Gets Review Of NJ Bias Damages Limit
The New Jersey state appeals court has said it will consider a former Reed Smith LLP labor and employment lawyer's appeal of a ruling that damages in her gender discrimination suit against the firm can only go as far back as the start date of a New Jersey equal pay law.
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April 14, 2025
Takeda Gets Actos Case Paused For Class Cert. Review
A New York federal court has paused a lawsuit accusing Takeda Pharmaceuticals of inflating the price of its diabetes treatment, Actos, by delaying the entry of generic alternatives, and took a scheduled July trial off the calendar, as the company appeals a class certification ruling.
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April 14, 2025
Fed. Circ. Won't Allow Beer Co.'s 'Chicken Scratch' TM
The Federal Circuit declined to disturb the U.S. Patent and Trademark Office's refusal to register the mark "chicken scratch" for beer, affirming a finding that the proposed mark has a "similar commercial impression" to another mark already registered for restaurant services.
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April 13, 2025
DC Circ Limits CFPB Layoff Ban Amid Trump Admin Appeal
A D.C. Circuit panel has cleared a path for the Trump administration to resume job cuts at the Consumer Financial Protection Bureau as it pursues an appeal of a preliminary injunction barring it from shutting down the agency.
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April 11, 2025
NC Judge Keeps Bulk Of Win In High Court Ballot Fight
North Carolina's highest court on Friday largely let stand a lower appeals court ruling siding with the Republican challenger in the state's still-undecided Supreme Court race, declining to throw out ballots based on incomplete registrations but still drawing scathing rebukes from two justices who said their colleagues were rushing to a decision "in the dark of night."
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April 11, 2025
9th Circ. Revives AirDoctor's $2.5M Damages Bid In TM Suit
The Ninth Circuit on Friday revived AirDoctor's request for $2.5 million in damages after scoring default judgment against a competitor in a trademark infringement and unfair competition case over replacement air filters, noting the plaintiff isn't barred from actual damages just because it didn't seek a specific amount in its complaint.
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April 11, 2025
Pa. Bus Driver's Reinstatement Upheld In Harassment Case
A Pennsylvania transit workers union can keep its win against a regional public transit operator over the firing of a bus driver accused of harassment, a state appellate court concluded Friday, finding that an arbitration award that changed the firing to a suspension drew its essence from the collective bargaining agreement.
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April 11, 2025
Investor Properly Obtained Tax Liens, Conn. Justices Rule
An investor specializing in tax liens properly obtained assignments from a Connecticut city before seeking to force a social club's property into a foreclosure sale, the state's Supreme Court ruled on Thursday, criticizing how the case unfolded and clarifying a lower ruling that muddied the burden of proof.
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April 11, 2025
9th Circ. Won't Renew Wash. DACA Recipient's Loan Bias Suit
The Ninth Circuit declined on Friday to revive a woman's discrimination suit against a Washington credit union, saying she cannot show she was refused a car loan because of her status as a Deferred Action for Childhood Arrivals program recipient.
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April 11, 2025
Boeing Birth Defect Cases Paused Until Wash. Appeals Ruling
Lawsuits seeking to hold Boeing liable for birth defects sustained by children of the company's factory workers were put on hold, after a Washington state judge ruled that an appeals court must first decide if companies have a duty of care for the "not-yet-conceived offspring" of their employees.
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April 11, 2025
3M Fights 4th Circ. Bid To Undo Removal Of PFAS Suits
Lawsuits accusing 3M Inc. of "forever chemical" contamination of Maryland and South Carolina waterways should be kept in federal court, the company has argued, urging the Fourth Circuit to decline the states' request for full panel review.
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April 11, 2025
7th Circ. Asks For Ill. Justices' Input On Pollution Exclusion
A Seventh Circuit panel considering whether an insurer for Sterigenics and its former parent company could avoid paying $150 million in legal costs for defending the company from a torrent of pollution suits has asked the Illinois Supreme Court to weigh in on how to apply a pollution exclusion in the relevant policy.
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April 11, 2025
Ala. Justices Nix Owner Property Tax Break For LLC
An Alabama condominium was correctly reclassified for property tax purposes because the couple who own the property had transferred ownership to a limited liability company, the state Supreme Court ruled Friday.
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April 11, 2025
2nd Circ. Tosses Mid-Case Appeal In Asbestos Coverage Row
A Second Circuit panel dismissed on Friday a mid-case appeal in a dispute over coverage for hundreds of asbestos-related lawsuits, saying that resolving certified questions, including whether an insurer must defend a suit that doesn't name its policyholder, won't substantially advance the litigation.
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April 11, 2025
SEC, Ripple Put 2nd Circ. Case On Ice To Confirm Resolution
Blockchain firm Ripple Labs and the U.S. Securities and Exchange Commission told the Second Circuit to put their respective appeals on ice as they seek commission approval for an agreement to end the landmark enforcement action.
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April 11, 2025
Texas Justices Uphold City's Wastewater Release Permit
A Central Texas city can move forward with its treated wastewater discharge operations, the Texas Supreme Court ruled Friday, rejecting a challenge to an environmental permit that was based on an increase in dissolved oxygen in a nearby stream.
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April 11, 2025
5th Circ. Revives Unfair Competition Fight Over Arthritis Drug
The Fifth Circuit has revived Zyla Life Sciences LLC's lawsuit seeking to block Texas rival Wells Pharma from selling rheumatoid arthritis drug suppositories that aren't U.S. Food and Drug Administration-approved, rejecting Wells Pharma's argument that Zyla's state claims are preempted under federal law and noting that finding otherwise would have "staggering" implications.
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April 11, 2025
Pot Co. Brings Calif. Labor Peace Law Challenge To 9th Circ.
A cannabis retailer challenging the constitutionality of a California law that requires marijuana businesses to have labor peace agreements is bringing its legal battle to the Ninth Circuit.
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April 11, 2025
3rd Circ. Urged To Rethink Teamsters Fund's Win In $39M Row
Affiliates of a bankrupt dairy business are urging the Third Circuit to hold a full court rehearing on its split panel decision that a Teamsters union pension fund can sue them to enforce a $39 million settlement, arguing the law "simply does not say" what the majority ruled it says.
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April 11, 2025
4th Circ. Says Noncitizen Can't Evade Removal Over Theft
The Fourth Circuit said petit larceny is a crime of moral turpitude that makes a noncitizen ineligible to avoid deportation, holding there was "solid ground" to deny a Mexican national's attempt to evade removal based on her 2011 conviction for petit larceny.
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April 11, 2025
NJ AG Cleared To Appeal Ex-Prosecutor's Resignation Claim
The New Jersey Superior Court's Appellate Division granted Attorney General Matthew Platkin's request to rule on a lawsuit from a former Warren County prosecutor claiming that Platkin misled him into resigning from his post last year.
Editor's Picks
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12 Lawyers Who Are The Future Of The Supreme Court Bar
One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.
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How Reshaped Circuit Courts Are Faring At The High Court
Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.
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Law360's Guide To Biden's Judicial Picks
FINAL UPDATE January 14, 2025 | President Joe Biden put 235 lifetime judges on the federal bench which added to the courts' professional and demographic diversity — a sharp break from former President Donald Trump, whose confirmed judicial nominees were 84% white and 76% male.
Expert Analysis
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Defense Strategies After Justices' Personal Injury RICO Ruling
In Medical Marijuana v. Horn, the U.S. Supreme Court recently held that the Racketeer Influenced and Corrupt Organizations Act can be invoked by some plaintiffs with claims arising from personal injuries — but defense counsel can use the limitations on civil RICO claims to seek early dismissal in such cases, say attorneys at Debevoise.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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Opinion
The SEC Must Protect Its Best Tool For Discovering Fraud
By eliminating the consolidated audit trail's collection of most retail customer information, the U.S. Securities and Exchange Commission may squander a once-in-a-generation opportunity to deter securities market fraud and abuse, something new Chair Paul Atkins must ensure doesn't happen, says former SEC data strategist Hugh Beck.
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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.