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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 17, 2025
BREAKING: Justices Give Cornell Workers Another Shot At ERISA Suit
The U.S. Supreme Court revived a class action Thursday from Cornell University workers who said their retirement plans were saddled with excessive fees, finding the Second Circuit shouldn't have nixed their claim that the plans' arrangements with recordkeepers violated federal benefits law.
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April 16, 2025
11th Circ. Revives FCA Claim Against Fla. Medical Suppliers
The Eleventh Circuit said Wednesday that a Florida district court rightly dismissed most of a False Claims Act lawsuit by two former employees of medical supply companies, reviving a single claim that it said was pleaded with enough specificity.
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April 16, 2025
Ed Martin Discloses Russia TV Spots, Coloring Books, Jan. 6
Ed Martin, President Donald Trump's nominee for U.S. attorney for the District of Columbia, has disclosed dozens of additional media interviews with right-wing and Russian-state outlets, according to a letter obtained on Wednesday by Law360.
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April 16, 2025
Fed. Circ. Won't Touch Meta's PTAB Win Against Xerox
A Federal Circuit panel on Wednesday quickly and without comment rejected a bid from Xerox Corp. to overturn a Patent Trial and Appeal Board decision in favor of Meta Platforms Inc. that found claims in a message distribution patent are invalid.
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April 16, 2025
Ex-Judges Say BIA Wrongly Looking For 'Sushi-Grade Tuna'
Former immigration judges and members of the Board of Immigration Appeals told the Eleventh Circuit on Wednesday that the BIA has recently departed from the clear error standard to reverse relief to those seeking protection under the Convention Against Torture, emphasizing that the error needs to smell like "five-week-old, unrefrigerated dead fish."
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April 16, 2025
Pa. Poultry Farm's Slaughter Methods Deemed Trade Secrets
The Pennsylvania Superior Court has ruled that an animal rights group cannot force a Lebanon County poultry farm to disclose its chicken slaughtering practices, with the court ruling that the materials sought were confidential trade secrets.
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April 16, 2025
Fed Circ. Affirms Greek Air Force Suit Was Untimely
A Federal Circuit panel issued a one-word judgment upholding a Court of Federal Claims ruling that a $22 million suit the Greece air force brought over faulty reconnaissance cameras bought through the U.S. Foreign Military Sales program was untimely.
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April 16, 2025
Wyo. Justices Skeptical Of State Abortion Bans' Legality
The Wyoming Supreme Court on Wednesday seemed poised to side with a lower court judge that recent abortion bans violate the state's constitution, hinting that the Legislature doesn't have the authority to determine when life begins and thus cannot establish a compelling interest for the laws.
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April 16, 2025
Limits On Conn. Biz Law Stay In Effect In Sandy Hook Case
A Connecticut appeals court's $150 million paring of a $1.44 billion judgment against Infowars host Alex Jones for defaming the Sandy Hook Elementary School shooting victims' families was a shift away from a broader view of the state's most popular business litigation statute, several experts told Law360.
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April 16, 2025
Koch, Chicken Buyers Spar Over $75M Deal Challenge
Restaurants challenging $75 million in settlements inked in the broiler chicken price-fixing litigation with Koch Foods Inc. and House of Raeford Farms Inc. told the Seventh Circuit the appeal should succeed because it includes more detail than a recently rejected challenge of a smaller deal with Simmons Foods Inc.
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April 16, 2025
3rd Circ. Says FAA Doesn't Apply To Drivers' Distributor Pact
The Third Circuit nixed on Wednesday a New Jersey lower court's order making a father-son delivery driver duo arbitrate their wage and hour claims against tortilla producer Gruma Corp., finding the Federal Arbitration Act does not apply to the parties' distributor contract.
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April 16, 2025
Carvana Stockholders Urge Revival Of Insider Trading Suit
Stockholder attorneys who saw unjust enrichment and fiduciary breach claims against Carvana Inc.'s directors, officers and controller scuttled in Delaware's Court of Chancery last year urged the state's justices Wednesday to revive claims against its controller, who allegedly relied on inside information while selling $3.7 billion of shares.
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April 16, 2025
Wash. Atty Disbarred For Blown Divorce Case, Blaming Client
A Seattle-area attorney has been disbarred for failing to file any pleadings in a divorce case, resulting in a default order keeping the client from his children, then repeatedly lying during disciplinary proceedings in an attempt to avoid the blame, according to records from the Washington State Bar Association.
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April 16, 2025
5th Circ. Says Late Settlement Notice Means No Coverage
A healthcare company was rightfully denied coverage for a settlement over the erroneous approval of a Florida Medicaid recipient's out-of-state treatment, a Fifth Circuit panel ruled, finding the company breached its policy when it failed to inform its insurer of the agreement in advance.
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April 16, 2025
Fed. Circ. Won't Revive MIT Patent In Electric Vehicle Fight
The Federal Circuit on Wednesday refused to revive a technology company's patent covering a wireless charging system created by the Massachusetts Institute of Technology, backing a Patent Trial and Appeal Board finding that the challenged claims were too obvious to warrant patent protection.
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April 16, 2025
Justices Urged To Deny Insurers' Tribal Jurisdiction Challenge
The Suquamish Tribe told the U.S. Supreme Court it shouldn't hear a group of insurers' bid to litigate COVID-19-related property insurance claims outside tribal court, arguing the Ninth Circuit correctly held that the insurers' coverage of tribal property sufficiently established tribal jurisdiction.
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April 16, 2025
8th Circ. Vacates Block On Iowa Immigration Law
An Eighth Circuit panel has vacated its decision barring Iowa from enforcing a state law that criminalizes noncitizens who enter the state after deportation from the U.S., after the Trump administration voluntarily dropped the suit that the Biden administration had launched against the state.
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April 16, 2025
Mass. High Court Revives BU Contract Suit Against Architect
Massachusetts' highest court ruled Wednesday that a six-year limit on tort claims due to design defects in a construction project under a Boston University athletic field doesn't apply to a contract dispute between the school and an architectural firm that explicitly agreed to cover such costs.
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April 16, 2025
Exxon Urges Justices To Resolve Seized Cuba Property Claim
Exxon Mobil Corp. asked the U.S. Supreme Court to scrutinize a ruling frustrating its attempts to collect damages from Cuban property confiscated decades ago, arguing the Trump and Biden administrations' opposing stances on such lawsuits present a chance for the court to settle the political debate.
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April 16, 2025
Paralegal Tells NC Justices Not To Disturb Appellate Victory
The convicted former paralegal of a disbarred attorney has urged North Carolina's highest court to let stand an intermediate appellate ruling offering her another chance to dismiss the state's embezzlement charges against her, arguing the decision doesn't meet the high bar for review.
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April 16, 2025
Locke Lord Escapes Refinery's Suit Over $2.5M Loss
A New Jersey state appeals court said Wednesday Locke Lord LLP's office in the state isn't a strong enough tie to establish jurisdiction in an oil company's legal malpractice suit over the company's $2.5 million loss connected to a North Dakota refinery project.
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April 16, 2025
Schumer Looks To Block Trump NY US Attorney Nominations
Senate Minority Leader Chuck Schumer, D-N.Y., announced on Wednesday he is exercising his power to block two of President Donald Trump's nominations for U.S. attorneys, which could set up an early test for preserving the long-standing Senate blue slip tradition.
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April 16, 2025
7th Circ. Judge Doubts CTA Worker's Signal Chat Claims
A Seventh Circuit judge on Wednesday expressed skepticism that a lower court erred in tossing a former Chicago Transit Authority employee's retaliation suit as a sanction for spoiling evidence, saying he changed his story about how electronic phone messages were deleted after a Signal executive said the initial explanation was technologically impossible.
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April 16, 2025
Reed Smith Wins Stay Order In Eletson Shipping Feud
For now, Reed Smith will not be compelled to turn over a client file to the new owners of reorganized international shipping group Eletson, following a temporary stay issued by the Second Circuit amid the BigLaw firm's fight to continue representing the company's prebankruptcy shareholders.
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April 15, 2025
9th Circ. Nixes JustAnswer Arbitration Bid In Membership Suit
The Ninth Circuit on Tuesday denied website JustAnswer's bid to force into arbitration a putative class action accusing it of trapping customers into expensive subscriptions, ruling that no contract requiring arbitration was formed between JustAnswer and individuals who were allegedly roped into recurring subscriptions costing up to $60 per month.
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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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Takeaways From Alaska Justices' Pollution Exclusion Ruling
A recent Alaska Supreme Court ruling that a total pollution exclusion in a homeowners policy didn't bar coverage for carbon monoxide poisoning shows that even when policy language appears unambiguous on its face, courts can still consider the reasonable expectations of an insured to determine applicability, say attorneys at Hunton.
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What's At Stake As 9th Circ. Eyes Cultural Resource Damages
In Pakootas v. Teck Cominco, the Ninth Circuit is faced with the long-unresolved question of whether cultural resource damages are recoverable as part of natural resource damages under the Superfund law — and the answer will have enormous implications for companies, natural resource trustees and Native American tribes, says Sarah Bell at Farella Braun.
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Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration
The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.
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Bid Protest Spotlight: Instructions, Price Evaluation, Standing
In this month's bid protest roundup, Caitlin Crujido at MoFo looks at three recent decisions that consider a contractor's attempt to circumvent unambiguous solicitation instructions, the fairness of an agency's price evaluation and whether a protestor that would be unable to perform even if sucessful has standing.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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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.