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Appellate
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January 17, 2025
High Court To Weigh Repeat Federal Prisoner Appeals
The U.S. Supreme Court agreed on Friday to hear a Florida man's challenge to his 24-year bank robbery sentence, a case that aims to resolve a circuit split over whether federal prisoners can file multiple motions to vacate their convictions.
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January 17, 2025
Fed. Circ. Won't Force Judge To Hold Trial In Viasat's IP Suit
The Federal Circuit on Friday shot down Viasat's petition that sought an order requiring Waco, Texas' U.S. District Judge Alan Albright to hold a trial in its flash memory patent suit against Japanese memory device company Kioxia.
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January 17, 2025
3rd Circ. Vexed By Remedies For Defunct Vax Mandate
The Third Circuit wrestled Friday with how it could remedy injuries claimed to be suffered by nurses who lost their jobs for not complying with New Jersey Gov. Phil Murphy's vaccine mandate for healthcare workers, asking what order it could give about something that is no longer in effect and about jobs they no longer have.
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January 17, 2025
Feds Urge 9th Circ. To Restore Threatened Seals' Habitat
The federal government has asked the Ninth Circuit to overturn an Alaska federal district court judge who vacated the National Marine Fisheries Service's designation of critical habitat for Pacific bearded seals and Arctic ringed seals.
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January 17, 2025
11th Circ. Urged To Reject Biz Owners' Tax Penalty Challenge
The owners of an electronic parts company who asked the Eleventh Circuit to reverse a tax penalty and find that Tax Court judges have unconstitutional job protections failed to link the two and are not entitled to tax relief, the U.S. government said Friday.
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January 17, 2025
NJ Beach Access Dispute Should Go To Trial, Panel Says
A New Jersey appellate court ruled against beachfront property owners embroiled in a dispute over a dune walkover that provided direct access to Normandy Beach, ruling that the validity of one claim should be determined in a trial.
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January 17, 2025
DC Circ. Sends LNG-By-Rail Rule Back To Drawing Board
The D.C. Circuit on Friday wiped out a Trump-era rule allowing liquefied natural gas to be transported by rail and said any replacement rule must contain an extensive environmental review given the catastrophic risks of an accident or spill.
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January 17, 2025
Mich. Local Power Rule Needs Stricter Scrutiny, 6th Circ. Says
A split Sixth Circuit panel said a requirement for Michigan electricity suppliers to source some of their power locally may be unconstitutional and must be reviewed again by a lower court because it disadvantages out-of-state energy producers.
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January 17, 2025
Weinstein Victim Asks To Drop LA Civil Rape Suit, For Now
A woman whom Harvey Weinstein was convicted of raping has moved to temporarily abandon her civil lawsuit against the disgraced movie mogul, nixing a scheduled March trial in California state court.
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January 17, 2025
Meet The Key Players In Tom Goldstein's Tax-Crimes Case
The tax-evasion indictment of U.S. Supreme Court expert lawyer and SCOTUSblog publisher Tom Goldstein features an eclectic cast of characters linked to his purported side career as a high-stakes poker player, including law firm partners, professional gamblers, a Texas billionaire, a movie producer and an actor.
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January 17, 2025
Philly Judge Rejects Ex-Kline & Specter Attorney's DQ Bid
A former Kline & Specter partner can't disqualify an attorney representing it from his lawsuit against the firm, a Philadelphia judge has determined, because he couldn't prove he had an attorney-client relationship with the lawyer before he resigned.
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January 17, 2025
4 Battles Over Gender-Affirming Care To Watch In 2025
The U.S. Supreme Court will rule on the federal government's challenge to Tennessee's ban on gender-affirming care for minors, and the Eleventh Circuit is considering a bid to upend federal rules extending the Affordable Care Act's nondiscrimination protections to transgender patients. Here, Law360 looks at four cases that could have ramifications for benefits law in 2025.
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January 17, 2025
1st Circ. Revives Biotech Worker's COVID-19 Vax Challenge
The First Circuit on Thursday resuscitated religious discrimination claims brought by a former pharmaceutical company employee who alleged her employer's COVID-19 vaccination mandate during the pandemic was in conflict with her sincerely held religious beliefs.
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January 17, 2025
Justices To Hear Ex-Marine's Bid For PTSD Compensation
The U.S. Supreme Court on Friday agreed to take up the appeal of a former U.S. Marine who says that the Federal Circuit misstepped by limiting the retroactive special compensation he could receive for combat-related post-traumatic stress disorder to six years because he filed late.
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January 17, 2025
Trump Opposes DA Willis' Bid To Return To Ga. Election Case
President-elect Donald Trump urged the Georgia Supreme Court on Friday not to review the state intermediate court's ruling that disqualified Fulton County District Attorney Fani Willis from prosecuting the Georgia election interference case.
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January 17, 2025
EBay Can't Appeal Punitive Damages Ruling In Stalking Case
A Massachusetts federal judge has denied a request by eBay Inc. to ask the First Circuit whether it should have to face the possibility of punitive damages in a civil suit brought by a Bay State couple who say the e-commerce company waged a stalking and intimidation campaign against them.
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January 17, 2025
What To Expect From Trump's Judicial Nominations
President-elect Donald Trump is taking office with 45 judicial vacancies, which is far less than the 100 plus seats he came in with in 2017, but more seats could open up if a fair number of sitting conservatives take the opportunity to ensure a Republican president names their successor.
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January 17, 2025
Attorney General Nominee Bondi Outlines Ethics Parameters
Pam Bondi, President-elect Donald Trump's pick for attorney general, outlined in an ethics agreement posted on Friday how she intends to avoid possible conflicts of interest with her previous positions, such as her role as a partner at a lobbying firm, and how she will divest from Trump's media company.
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January 17, 2025
Supreme Court Upholds TikTok Sale-Or-Ban Law
The U.S. Supreme Court upheld a federal law Friday requiring TikTok to be divested from its Chinese parent company by Sunday or face a nationwide ban.
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January 16, 2025
Calif.'s Chief Justice On Preparing For Trump, AI
California Supreme Court Chief Justice Patricia Guerrero told reporters Thursday that the judiciary is preparing for the possibility that the Trump administration will target state courthouses to arrest unauthorized immigrants, and described how the judiciary plans to evaluate the ethical use of artificial intelligence in the judicial process.
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January 16, 2025
Teradyne Tells 9th Circ. Jury Should Weigh Copyright Row
Teradyne urged the Ninth Circuit on Thursday to revive its allegations Astronics Test Systems lifted its copyrighted code to sell competing digital test instruments, arguing there are factual disputes a jury should have resolved, including whether Astronics' copying was fair use and the amount of code used.
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January 16, 2025
Trump Taps Williams & Connolly's Sarah Harris As Acting SG
Sarah M. Harris of Williams & Connolly LLP will serve as acting U.S. solicitor general for President-elect Donald Trump while his permanent pick undergoes the confirmation process.
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January 16, 2025
SEC's General Counsel Barbero To Exit As Trump Takes Office
The U.S. Securities and Exchange Commission announced Thursday that General Counsel Megan Barbero will depart the agency on the day of President-elect Donald Trump's inauguration, capping a nearly two-year run that saw the agency face setbacks to its regulatory powers before conservative courts, but also notch some important wins.
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January 16, 2025
Intel Says Prior Art Ruling Bolsters Its Case Against VLSI
The Federal Circuit's recent decision clarifying when patent applications can be counted as prior art should be taken into account as the court reviews whether the Patent Trial and Appeal Board rightfully invalidated a VLSI Technology patent, challenger Intel Corp. said Thursday.
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January 16, 2025
DC Circ. Mulls 'Colorability' In India's Test Of $156M Award
A D.C. Circuit panel wrestled Thursday with what constitutes a "colorable" assertion of sovereign immunity in arbitration enforcement proceedings as India seeks to undo a $155.8 million judgment against it stemming from an arbitration over a soured satellite licensing deal.
Expert Analysis
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What 7th Circ. Collective Actions Ruling Means For Employers
With the Seventh Circuit’s recent Fair Labor Standards Act ruling in Vanegas v. Signet Builders, a majority of federal appellate courts that have addressed the jurisdictional scope of employee collective actions now follow the U.S. Supreme Court's limiting precedent, bolstering an employer defense in circuits that have yet to weigh in, say attorneys at Jackson Lewis.
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Considering Possible PR Risks Of Certain Legal Tactics
Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.
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Perspectives
DC Circ. Seizure Ruling Deepens 4th Amendment Circuit Split
The D.C. Circuit’s recent Asinor v. District of Columbia decision, holding that the government’s continued possession of seized property must be reasonable, furthers a split among circuit courts and portends how the text, history and tradition method might influence Fourth Amendment cases, say Ty Howard and Wayne Beckermann at Bradley Arant.
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Defamation Law Changes May Be Brewing At Supreme Court
The U.S. Supreme Court's significant rightward shift has produced dramatic changes in many areas of the law, and the long-standing "actual malice" standard protecting speech about public figures could be the next precedent to fall, say attorneys at Paul Hastings.
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It's No Longer Enough For Firms To Be Trusted Advisers
Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.
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Breaking Down Director Review Timing At The PTAB
Attorneys at Fish & Richardson examine the complexities of director review of a Patent Trial and Appeal Board ruling, including timelines for requests and decisions, and how these factors influence related district court cases.
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Behind 3rd Circ. Ruling On College Athletes' FLSA Eligibility
The Third Circuit's decision that college athletes are not precluded from bringing a claim under the Fair Labor Standards Act raises key questions about the practical consequences of treating collegiate athletes as employees, such as Title IX equal pay claims and potential eligibility for all employment benefits, say attorneys at Debevoise.
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Patent Lessons From 4 Federal Circuit Reversals In July
The Federal Circuit’s July reversal of four cases, all of which were Patent Trial and Appeal Board decisions, highlights lessons for patent practitioners regarding the scope of estoppel provisions, potential issues with obtaining certain substitute claims, and more, say Denise De Mory and Li Guo at Bunsow De Mory.
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'Greenhushing': Why Some Cos. Are Keeping Quiet On ESG
A wave of ESG-related litigation and regulations have led some companies to retreat altogether from any public statements about their ESG goals, a trend known as "greenhushing" that was at the center of a recent D.C. court decision involving Coca-Cola, say Gonzalo Mon and Katie Rogers at Kelley Drye.
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Video Game Release Highlights TM Pitfalls Of App Store
The upcoming release of poker video game Balatro in Apple's App Store underscores the tradeoff of keyword advertising and trademark protection for indie developers who, unlike corporate counterparts, lack resources but seek to maximize the reach of their game, say Parmida Enkeshafi and Simon Pulman at Pryor Cashman.
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Opinion
More Guidance Needed On Appellate Amicus Recusals
Instead of eliminating the right for amici to file briefs on consent, as per the recently proposed Federal Appellate Rules amendment, the Judicial Conference's Committee on Codes of Judicial Conduct should issue guidance on situations in which amicus filings should lead to circuit judge recusals, says Alan Morrison at George Washington University Law School.
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Mich. Whistleblower Ruling Expands Retaliation Remedies
The Michigan Supreme Court's recent Occupational Health and Safety Act decision in Stegall v. Resource Technology is important because it increases the potential exposure for defendants in public policy retaliation cases, providing plaintiffs with additional claims, say Aaron Burrell and Timothy Howlett at Dickinson Wright.
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Patent Owner Estoppel Questions In The Wake Of SoftView
The U.S. Patent and Trademark Office's seldom-litigated Rule 42.73(d)(3) on Patent Trial and Appeal Board estoppel was recently brought to the forefront in the Federal Circuit's SoftView v. Apple decision, highlighting uncertainties in this aspect of patent practice, say David Haars and Richard Crudo at Sterne Kessler.
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What VC Fund Settlement Means For DEI Grant Programs
An unexpected settlement in American Alliance for Equal Rights v. Fearless Fund, based on specific details of an Atlanta venture capital fund's challenged minority grant program, leaves the legal landscape wide open for organizations with similar programs supporting diversity, equity and inclusion to chart a path forward, say attorneys at Moore & Van Allen.
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Nuclear Waste Storage Questions Justices May Soon Address
The petition for the U.S. Supreme Court to review U.S. Nuclear Regulatory Commission v. Texas stands out for a number of reasons — including a deepening circuit split regarding the NRC's nuclear waste storage authority under the Atomic Energy Act, and broader administrative law implications, say attorneys at MoloLamken.