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April 08, 2025
NY High Court Probes If State Emissions Cap Preempts City's
New York's highest court questioned Tuesday why the state Legislature did not explicitly state that it meant for a 2019 climate law to preempt a law regulating greenhouse gas emissions that New York City passed earlier that year, amid property owners' challenge to the city law.
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April 08, 2025
Justices Reshape Terrain For Alien Enemies Act Removals
The U.S. Supreme Court's Monday ruling allowing the Trump administration to resume deportations of alleged gang members under the 1798 Alien Enemies Act has experts relieved that the justices affirmed due process rights, but worried about how and where they will be exercised.
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April 08, 2025
Singapore Court Nixes Railway Award Over Copy-Paste Issue
Singapore's highest court on Tuesday affirmed the nixing of an arbitral award issued in an Indian railway contract dispute that incorporated an "extensive" amount of passages copied and pasted from separate, related awards, saying a reasonable observer would likely conclude that the tribunal's decision was biased.
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April 08, 2025
Medicare Drug Price Plan Tramples Constitution, 3rd Circ. Told
New Jersey federal court rulings preserving the Centers for Medicare & Medicaid Services' ability to negotiate prices with drug companies should be overturned on constitutional grounds, pharmaceutical giants Novo Nordisk and Novartis told the Third Circuit during oral arguments Tuesday.
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April 08, 2025
2nd Circ. Hints Healthcare Co. Is Bound To $1.3M OT Deal
A Connecticut company could be bound by a plan to settle class action overtime wage claims for $1.34 million despite attempting to back out of an unsigned settlement agreement and hiring new counsel several months later, a Second Circuit panel hinted on Tuesday.
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April 08, 2025
New Mexico High Court Reaffirms Language Access Rights
The New Mexico Supreme Court on Tuesday reaffirmed its commitment to provide access to language services for non-English speakers, saying an executive order by President Donald Trump designating English as the country's official language doesn't alter the state's law, constitution or legal obligation to its citizens.
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April 08, 2025
Colo. Appeals Court Urged To Toss Transportation Fees
Colorado's 2021 transportation funding law violates the state Taxpayer's Bill of Rights and related provisions, an anti-tax group told an appeals court panel Tuesday, urging it to reverse a district court order that stopped its lawsuit.
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April 08, 2025
Houston Atty Asks Court To Back $6.3M Verdict Against Rival
A Houston attorney urged a Texas appellate court Monday to back a $6 million verdict against a rival lawyer he accused of stealing his files in an attempt to recruit clients to file malpractice suits.
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April 08, 2025
Contractor's Win In Insurance Fraud Suit Upheld By 6th Circ.
A Sixth Circuit panel affirmed Continental Building Co.'s defeat of a lawsuit that leveled insurance fraud claims at the general contractor, finding a subcontractor failed to trace its losses to Continental's claim that it defaulted on a contract.
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April 08, 2025
Feds Take Aim At Judge's Toss Of Bergdahl Conviction
The U.S. Department of Justice has told the D.C. Circuit it was "inappropriate on every level" for a district court judge to throw out the court-martial conviction and sentence of former U.S. Army Sgt. Bowe Bergdahl, who deserted his post in Afghanistan.
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April 08, 2025
Ranch Seller Lied To 'Yellowstone' Creator, Justices Told
A Texas appeals panel questioned Tuesday whether the former owner of a 600-acre, $10 million ranch knew about a significant roof leak before he sold the property to "Yellowstone" creator Taylor Sheridan, asking if the seller had indeed told his employee to "keep your mouth shut" about the leak.
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April 08, 2025
4th Circ. Says Insurer Needn't Chip In For $9M Fatal Fire Deal
A Munich Re unit needn't contribute to The Travelers Indemnity Co.'s $9 million settlement of suits brought over a fatal apartment fire, the Fourth Circuit ruled Tuesday, saying the unit's policy issued to a North Carolina county's emergency services department did not also extend coverage to its 911 call center.
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April 08, 2025
Texas Court Upholds Jurisdiction Over Some Asbestos Claims
A Texas appellate court affirmed Tuesday that insurers involved in litigation brought by the trustee of a bankrupt Kentucky machine company seeking coverage in connection with asbestos-related injury litigation can't escape jurisdiction, but contradicted the lower court by denying jurisdiction over certain American insurers regarding non-Texas claims.
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April 08, 2025
Fed. Circ. Considers Sandoz's Bid To Undo $39M Patent Loss
The Federal Circuit on Tuesday grappled with Sandoz's challenge to a $39 million verdict against it in Allergan's eyelash growth drug patent infringement case, with one judge questioning the generic-drug maker's argument that a decade-old decision involving a similar patent forestalls the current case.
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April 08, 2025
Private Owner Subject To Prevailing Wage, Pa. Justices Told
Counsel for the Pennsylvania Bureau of Labor Law Compliance told the state Supreme Court on Tuesday that contractors who constructed a state police barracks were entitled to pay in line with public works projects, arguing that private financing and ownership of the building doesn't negate the prevailing wage.
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April 08, 2025
9th Circ. To Hear Remaining AB 5 Challenge
A Ninth Circuit panel is set to hear arguments Wednesday in likely the last ongoing high-profile challenge to California's Assembly Bill 5, leaving a potential path to striking down the independent contractor classification law's application to the trucking industry.
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April 08, 2025
Pacira Reaches IP Deal Allowing Generic Painkiller In 2030
Pacira BioSciences has agreed to settle a series of patent infringement lawsuits against Fresenius Kabi and other pharmaceutical companies over Pacira's drug Exparel, a long-acting injectable for managing postsurgical pain.
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April 08, 2025
9th Circ. Wary Of Judge Becoming 'King' Of Veteran Housing
The Ninth Circuit appeared skeptical Tuesday of a California federal court's decision to establish control over a U.S. Department of Veterans Affairs facility due to inadequate homelessness measures, with one panel member expressing concern the district judge gave himself the overbroad powers of a "king."
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April 08, 2025
Tribal Leaders Not Immune From Extortion Law, Justices Told
The government is urging the U.S. Supreme Court to reject claims by the former head of a Native American tribe who says the federal law against extortion does not apply to him or other tribal leaders.
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April 08, 2025
3M Tells 2nd Circ. Conn. PFAS Suit Belongs In Federal Court
3M Co. on Monday told the Second Circuit that Connecticut's lawsuit accusing the company of polluting the environment with forever chemicals contained in its consumer products belongs in federal court.
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April 08, 2025
2nd Circ. Sinks Marital Bias Suit From Wendy Williams' Ex
The Second Circuit reversed a win Tuesday for the ex-husband of television personality Wendy Williams in his suit claiming he lost his producer gig after Williams asked him for a divorce, issuing a ruling that clarified the scope of New York City's marital bias law.
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April 08, 2025
Photographer Tells 9th Circ. Kat Von D Tattoo Is Not Fair Use
A photographer has urged the Ninth Circuit to reverse a jury verdict that found celebrity tattoo artist Kat Von D did not infringe a Miles Davis picture that was the basis for a tattoo she drew, saying her company admitted that it was "100%" the same as the photograph.
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April 08, 2025
Drew Eckl Takes Breakaway Firm Dispute To Ga. High Court
Drew Eckl & Farnham LLP told the Georgia Supreme Court that Burke Moore Law Group LLP — started by former Drew Eckl partners and others — was wrongly allowed to escape arbitration over fees between the firm and the ex-partners, arguing that Burke Moore implicitly consented to arbitration by participating without objecting to jurisdiction.
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April 08, 2025
Split 4th Circ. Lifts Block On DOGE's Access To Gov't Data
A split Fourth Circuit panel paused Monday a ruling blocking the Department of Government Efficiency from accessing sensitive information on millions of Americans held by the U.S. Department of the Treasury, U.S. Department of Education and the Office of Personnel Management, while a dissenting judge disagreed "with all the energy an old judge can muster."
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April 08, 2025
2nd Circ. Rejects Biden Diary Thief's Appeal Over Medical Info
The Second Circuit denied an appeal on Tuesday from a woman who pled guilty to stealing a diary belonging to former President Joe Biden's daughter, rejecting her arguments that a judge was wrong to allow a probation officer to disclose her presentencing report and prior medical records to mental health providers without first obtaining consent.
Expert Analysis
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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.
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Justices May Find Gov't Can Keep Fraudulent Transfer Benefit
Based on the justices' questions at the recently argued U.S. v. Miller, the Supreme Court appears prepared to hold that the U.S. — unlike any other creditor — is permitted to retain the benefits of a fraudulent transfer to the detriment of other bankruptcy creditors, says Kevin Morse at Clark Hill.