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Appellate
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February 03, 2025
Texas Can Help Feds With Noncitizen Arrests, Judge Says
A Texas federal judge has modified an injunction blocking a controversial Texas immigration law to clarify that law enforcement in the Lone Star State can help federal agencies with initiatives to arrest and detain unauthorized immigrants.
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February 03, 2025
CFPB Small Biz Rules Outstrip Authority, 5th Circ. Hears
The Texas Bankers Association asked a Fifth Circuit panel on Monday to kill the Consumer Financial Protection Bureau's new small business minority data rule during oral arguments, while the panel questioned what to do with the case given the agency's leadership change.
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February 03, 2025
11th Circ. Bias Fight Could Set Bar For Trans Benefits Suits
The full Eleventh Circuit will hear arguments Tuesday from a Georgia county looking to overturn a trial court's ruling that found its health plan's denial of gender-affirming surgery violated federal anti-discrimination law, in a case that could help clarify how a 2020 U.S. Supreme Court decision impacts employee benefits.
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February 03, 2025
QBE Insurance, Walmart Cite Pending Opioid Appeal In Ark.
Walmart Corp. and a fleet of insurers notified Delaware's Supreme Court Monday that they are awaiting an Arkansas Court of Appeals hearing on challenges to a lower court's finding that Walmart is entitled to excess coverage for state and local government insurance suits arising from the opioid epidemic.
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February 03, 2025
NC Justices Urged To Reject Appeal Over Rate Hike Approvals
North Carolina's insurance commissioner urged the state's highest court to reject a policyholder's appeal challenging a series of insurer rate hike approvals in court, saying an appeals panel correctly found that the policyholder failed to support his claims that intervening in the preceding approval process was impossible.
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February 03, 2025
Fed. Circ. Questions Mitek's Fears Of USAA Check Patent Suit
A Federal Circuit panel appeared skeptical of banking software company Mitek Systems Inc.'s effort to revive a suit seeking a declaration that it is not infringing check deposit patents United Services Automobile Association has won millions from suing over, suggesting Monday it seems like Mitek won't also be sued.
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February 03, 2025
Attys Hope Ballot Case Clarifies Pennsylvania Constitution Clause
A Pennsylvania Supreme Court case questioning the constitutionality of a rule requiring undated or misdated mail-in ballots to be discarded is likely the last, and best, chance to settle one of the few open issues over voting in Pennsylvania, experts told Law360.
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February 03, 2025
PharmacyChecker's Legality Weighed In 9th Circ. Appeal
Judges on the Ninth Circuit went back and forth with lawyers on both sides of online drug comparison site PharmacyChecker's antitrust suit against LegitScript on Monday, questioning the latter's claims that PharmacyChecker's entire business is illegal because it facilitates the unsanctioned importation of foreign pharmaceuticals.
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February 03, 2025
9th Circ. Revives Church's Copyright Feud With Ex-Member
A Ninth Circuit panel on Monday gave new life to a copyright dispute between a Washington religious group and a former member who said he had the legal right to use the spiritual teachings of the group's founder, with an opinion noting the case's "strange bedfellow" mix of intellectual property law, estate law and religious writings.
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February 03, 2025
USAA Fails To Flip PTAB Loss In $218M EDTX Case
Federal Circuit judges decided Monday to affirm an administrative board's rulings that wiped out claims in two patents, including one that is tied to a $218.45 million jury verdict leveled against PNC Bank in a patent case in the Eastern District of Texas.
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February 03, 2025
Child Porn Victims Urge 9th Circ. To Revive Claims Against X
Child sex trafficking survivors urged the Ninth Circuit on Monday to revive allegations that X Corp. defectively designed its platform and knowingly benefited from sex trafficking when it refused to remove pornographic videos of the 13-year-old boys, arguing that X isn't shielded under Section 230.
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February 03, 2025
DC Circ. Rejects Newman's Bid To Unseal Suspension Docs
The D.C. Circuit on Monday denied U.S. Circuit Judge Pauline Newman's request to unseal documents about her suspension for refusing to participate in an investigation into her fitness, saying such documents are confidential unless both the judge under investigation and the chief judge agree to release them.
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February 03, 2025
Del. Justices Uphold $10.4B Anaplan Inc.'s Thoma Bravo Sale
Agreeing that a fully informed "Corwin cleansing" vote washed away stockholder objections to a post-signing $400 million trimming of a $10.7 billion deal, Delaware's Supreme Court on Monday dismissed a challenge to Thoma Bravo's acquisition of software-as-a-service company Anaplan Inc. in June 2022.
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February 03, 2025
7th Circ. Says Row Over Pilot Contracts Belongs In Arbitration
The Seventh Circuit has ruled that the Teamsters' challenge to prehire employment agreements with two airlines providing for incentive payments to newly hired pilots must be resolved in arbitration rather than federal court, saying the airlines did enough to show that the incentives are justified by the collective bargaining agreements.
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February 03, 2025
Feds Back Out Of Trans Ga. Deputy's 11th Circ. Rehearing
The U.S. Department of Justice said Friday that it was pulling out of supporting a Georgia transgender sheriff's deputy's bid to have gender-affirming surgery covered by her county government, just days before her case is set to be reheard by the full Eleventh Circuit.
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February 03, 2025
Sotomayor Clears Path For Retrial In Landmark Graft Case
U.S. Supreme Court Justice Sonia Sotomayor lifted a temporary pause Monday on a public corruption case that resulted in a landmark 2023 decision eliminating the right-to-control theory of fraud, clearing the way for a retrial on a traditional theory of property fraud.
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February 03, 2025
Trial Court Won't Pause Google Search Case For Apple Appeal
A D.C. federal court refused on Sunday to pause the remedies phase of the landmark monopolization case targeting Google's search dominance while Apple appeals a decision refusing to allow it to participate.
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February 03, 2025
Texas Appeals Court Wipes Exxon's $2.5M Oil Cleanup Verdict
A Texas appeals court has wiped a more than $2.5 million verdict for ExxonMobil Pipeline Co., finding that successive owners of its pipeline hadn't agreed to assume the cleanup costs of an oil spill.
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February 03, 2025
NC Justice Urges 4th Circ. To Keep Vote Battle In Federal Court
An incumbent North Carolina justice urged the Fourth Circuit on Monday to keep control of her opponent's challenge to November's election results, rejecting the challenger's claim that developments in state court have rendered the federal case moot.
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February 03, 2025
COVID Test Row Hinges On Appeal Notice, 2nd Circ. Hints
A Second Circuit appellate judge suggested Monday that a union benefit plan may not have been acting fully aboveboard when it did not notify a Connecticut medical practice of an appeal process after it denied reimbursements for COVID-19 testing, but he also met the practice's accusations with skepticism.
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February 03, 2025
Panel Backs Sanctions For Frivolous Bid In Malpractice Case
A New Jersey appeals court said Monday that a New York attorney's motion to vacate an almost $450,000 judgment after a jury found him negligent in a divorce action could only be seen as frivolous, affirming the trial court's award of nearly $8,000 in attorney fees as a sanction.
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February 03, 2025
2nd Circ. Affirms Lawyer's Asylum Fraud Conviction
The Second Circuit on Monday affirmed the convictions of an immigration attorney and the former CEO of an immigration services firm for coaching asylum-seekers to lie about facing persecution in their home countries, rejecting the pair's arguments that there was insufficient evidence and that the jury was given improper instructions.
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February 03, 2025
Power Cos., States Ask DC Circ. To Dispose Of Coal Ash Rule
The U.S. Environmental Protection Agency acted arbitrarily and well beyond its authority when it enacted a new rule to strengthen federal regulations for coal ash, a score of electric utility entities and Republican-led states told the D.C. Circuit.
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February 03, 2025
Calif. City On The Hook In Contractor Wage Fight, Panel Says
The city of Long Beach, California, could be required to foot the bill for arbitration awards rendered against an oil company subcontractor in workers' wage lawsuits, a state appellate panel ruled, saying an arbitration decision holds as much weight as any other court order and can trigger liability for indemnity.
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January 31, 2025
Pipeline Inspector Asks Justices To Deem Him An Employee
A former pipeline inspector for energy industry service provider Killick Group has petitioned the U.S. Supreme Court to review a Fifth Circuit decision classifying him as an independent contractor not eligible for overtime, saying Friday the high court should resolve a circuit split on the factors determining employee status.
Expert Analysis
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What Loper Bright And Trump 2.0 Mean For New Transpo Tech
The U.S. Supreme Court's recent ruling in Loper Bright Enterprises v. Raimondo, combined with the incoming Trump administration's deregulatory agenda, will likely lead to fewer new regulations on emerging transportation technologies like autonomous vehicles — and more careful and protracted drafting of any regulations that are produced, say attorneys at Venable.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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Alpine Ruling Previews Challenges To FINRA Authority
While the D.C. Circuit's holding that the Financial Industry Regulatory Authority can't expel member firm Alpine prior to U.S. Securities and Exchange Commission review was relatively narrow, it foreshadows possibly broader constitutional challenges to FINRA's enforcement and other nongovernmental disciplinary programs, say attorneys at Stradley Ronon.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Can Romania Escape Its Arbitral Award Catch-22?
Following a recent European Union General Court decision, Romania faces an apparent stalemate of conflicting norms as the country owes payment under an International Centre for Settlement of Investment Disputes award, but is prohibited by the European Commission from making that payment, say attorneys at Orrick.
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7th Circ. Ruling Muddies Split On Trade Secret Damages
The Seventh Circuit's recent endorsement in Motorola v. Hytera of a Second Circuit limit on avoided-cost damages under the Defend Trade Secrets Act contradicts even its own precedents, and will further confuse the scope of a developing circuit conflict that the U.S. Supreme Court has already twice declined to resolve, says Jordan Rice at MoloLamken.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Using Data To Inform Corporate Disclosure Decisions
With today’s market volatility and regulatory factors requiring public companies to confront competing transparency and protection demands, incorporating stock price reaction analysis of company-specific news into the controller's role could be beneficial for disclosure determinations, say Liz Dunshee at Fredrikson & Byron and Nessim Mezrahi at SAR.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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5th Circ. Crypto Ruling Shows Limits On OFAC Authority
The Fifth Circuit's recent decision that immutable smart contracts on the Tornado Cash crypto-transaction software protocol are not "property" subject to Office of Foreign Assets Control jurisdiction may signal that courts can construe OFAC's authority more restrictively after Loper Bright, say attorneys at Morgan Lewis.
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Risk Disclosure Issue Remains After Justices Nix Meta Case
After full briefing and argument, the U.S. Supreme Court recently dismissed Facebook v. Amalgamated Bank as improvidently granted, leaving courts with the tricky endeavor of determining when the failure to disclose a past event in an Item 105 risk disclosure is materially misleading, say attorneys at Lowenstein Sandler.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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The Malpractice Perils Of Elder Abuse Liability
Recent cases show that the circumstances under which an attorney may be sued for financial elder abuse remain unsettled, but practitioners can avoid these malpractice claims altogether by taking proactive steps, like documenting the process of evaluating a client's directives under appropriate standards, says Edward Donohue at Hinshaw & Culbertson.
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Fed. Circ. Ruling Shows Importance Of Trial Expert Specificity
The Federal Circuit’s recent ruling in NexStep v. Comcast highlights how even a persuasive expert’s failure to fully explain the basis of their opinion at trial can turn a winning patent infringement argument into a losing one, say attorneys at Barnes & Thornburg.
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Think Like A Lawyer: Note 3 Simple Types Of Legal Complexity
Cases can appear complex for several reasons — due to the number of issues, the volume of factual and evidentiary sources, and the sophistication of those sources — but the same basic technique can help lawyers tame their arguments into a simple and persuasive message, says Luke Andrews at Poole Huffman.