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Appellate
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May 08, 2025
Listen: Prison Wages Debate Evolving With Petitions Pending
The debate regarding whether incarcerated people who perform work are employees and thus entitled to federal wage and hour protections is set to continue to develop. Listen to Law360 Explores: Subminimum Wage Part 2.
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May 08, 2025
Trump Names 8 More For US Attorney Spots
President Donald Trump has nominated eight more individuals for U.S. attorney posts, several of whom already are serving in the roles on an interim basis.
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May 08, 2025
Fed. Circ. Questions Roku Bid To Undo ITC Patent Loss
Roku's effort to revive its U.S. International Trade Commission remote control patent case against Universal Electronics and others drew skepticism from the Federal Circuit on Thursday, with the judges questioning Roku's claim the patent was wrongly found invalid and that the company has a domestic industry.
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May 08, 2025
10th Circ. Urged To Undo Insurers' Pollution Exclusion Win
A New Mexico property owner urged the Tenth Circuit to rethink its ruling that separate pollution exclusions in its commercial general liability policies entirely removed two insurers' duty to defend underlying environmental contamination claims, arguing the appeals court overlooked a significant principle under settled New Mexico insurance law.
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May 08, 2025
Fed. Circ. Weighs If Expert's Testimony Justifies Spine IP Loss
A Federal Circuit panel on Thursday considered how much an expert strayed from a lower court's claim construction in an inventor's patent infringement suit against DePuy Synthes, with one judge questioning if it was merely effective cross-examination that tripped the expert up, and not much more.
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May 08, 2025
Halkbank Wants Justices To Take 2nd Look At Immunity Claim
Turkish state-owned bank Halkbank has urged the U.S. Supreme Court to take a second look at an appellate decision holding it doesn't have common-law foreign sovereign immunity from money laundering allegations, arguing the decision "authorizes the first criminal trial of a foreign sovereign instrumentality in world history."
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May 08, 2025
3rd Circ. Rejects Challenge To Medicare Drug Price Program
The Third Circuit on Thursday rejected AstraZeneca's challenge to the Medicare drug price negotiation program, ruling that the pharmaceutical giant was unable to show how it is injured by the program's guidance or how it violates its due process rights.
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May 08, 2025
Indiana Dog Owner Pulled Back Into Bitten Woman's Lawsuit
An Indiana appeals court has revived a woman's negligence claims against the owner of a dog that bit her in the face, finding a jury should determine whether the owner should have been aware of the dog's dangerous propensities.
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May 08, 2025
NJ Transit Must Face Suit Over Light Rail Crossing Death
A New Jersey appellate panel overturned a trial court's decision granting New Jersey Transit immunity in a wrongful death lawsuit, saying that railroad immunity did not apply to a woman who was lawfully using a pedestrian crossing.
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May 08, 2025
Full DC Circ. Restores International Media Funding, For Now
The en banc D.C. Circuit on Wednesday restored federal grant funding to international broadcasters while the Trump administration appeals a lower court ruling blocking cuts to the agency that oversees Voice of America.
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May 08, 2025
6th Circ. Eyes Reviving Kellogg, FedEx Mortality Table Suits
The Sixth Circuit on Thursday appeared open to reviving suits against Kellogg and FedEx from married pensioners who alleged their employers' outdated actuarial assumptions shortchanged their joint-and-survivor benefits, with multiple judges seeming to doubt a lower court's assertion that employers had unfettered latitude when choosing what data to use.
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May 08, 2025
9th Circ. Says Oil Co. Marine Policy Doesn't Cover $8M Award
Lloyd's underwriters don't owe coverage for an $8.1 million award to the employer of a deckhand who was injured by defective mooring at a natural gas extraction platform, the Ninth Circuit held, saying coverage wasn't triggered under the platform owner's charterers legal liability policy.
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May 08, 2025
Ex-Fed. Circ. Judge Leaves Sullivan & Cromwell For Own Firm
Former Federal Circuit Judge Kathleen O'Malley has left Sullivan & Cromwell LLP and started her own consulting firm, she announced Thursday.
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May 08, 2025
Ga. Atty Wins Appeal In 'Too Broadly' Applied Fees Ruling
A Georgia Court of Appeals panel on Thursday threw out a trial court order requiring an Atlanta-based family law attorney and his client to pay about $86,484 in attorney fees from a contested divorce proceeding, finding that the trial court applied a statute "too broadly" among other missteps.
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May 08, 2025
11th Circ. Says Developer's I-20 Truck Stop Suit Out Of Gas
The Eleventh Circuit has backed a district court's dismissal of a property owner's suit challenging a metro Atlanta county ordinance that for years blocked him from developing his land into a QuikTrip gas station, ruling the county had a "rational basis" for its effective ban on new truck stops.
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May 08, 2025
Elizabeth Holmes Loses Bid For Full 9th Circ. Rehearing
The Ninth Circuit said Thursday it will not reconsider a panel decision refusing to throw out the conviction and 11-year prison sentence of Theranos Inc. founder Elizabeth Holmes.
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May 08, 2025
Fla. Judge To Get Reprimand For Calling Attorney An 'Ass'
The Florida Supreme Court on Thursday accepted a recommendation from the state's judicial disciplinary body to publicly reprimand a state judge who has apologized for calling an assistant state attorney an "ass" and making other inappropriate remarks directed toward prosecutors.
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May 08, 2025
Fla. Judge Suspended For Spreading Campaign Gossip
A Florida state judge will be suspended for 10 days without pay after she admitted that actions she took during her 2022 reelection campaign violated the code of judicial conduct, the state Supreme Court ruled Thursday.
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May 08, 2025
RI Urges 1st Circ. Not To Remand Pot Residency Rule Fight
Rhode Island's cannabis regulator on Thursday urged the First Circuit not to remand a dismissed challenge to the state's marijuana licensing program, accusing the Florida entrepreneur who made that bid of attempting an "end-run around the appellate process."
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May 08, 2025
Miami Atty Disbarred Over Insistence Of Foreclosure Fraud
The Florida Supreme Court disbarred a Miami attorney after accusations that he misled courts, impugned judges and brought frivolous pleadings over his insistence that clients' homes were fraudulently foreclosed, despite previous suspensions from allegations of similar conduct in the past.
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May 08, 2025
Gotion EV Battery Plant Opponents Meet Skeptical 6th Circ.
A Sixth Circuit panel appeared unswayed Thursday by the argument that a district court can't order a town to support an electric vehicle battery components factory, though the judges also probed whether the company really faces irreparable harm if its plans don't come to fruition.
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May 08, 2025
Conn. High Court Snapshot: Rehab Permit And Towing Tiff
The Connecticut Supreme Court, in its upcoming term, will consider whether an existing substance abuse treatment center has the right to challenge the opening of a competitor nearby, and determine if a murder suspect is owed a new trial over an allegedly botched jury poll.
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May 08, 2025
DOJ Civil Rights Appellate Leader Joins Crowell & Moring
Crowell & Moring LLP hired the acting deputy chief of the Justice Department's Civil Rights Division's Appellate Section as a senior counsel who will be based in Washington focusing on a range of higher education matters, the firm announced Thursday.
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May 08, 2025
Asbestos Spinoff Ch. 11 Could Upend US Law, 4th Circ. Told
Georgia-Pacific's asbestos unit Bestwall and injury claimants on Thursday accused each other of trying to fundamentally rewrite U.S. law as they argued before the Fourth Circuit on the claimant committee's attempt to have Bestwall's Chapter 11 case thrown out of court.
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May 08, 2025
2nd Circ. Revives Arbitration In Hurricane Damage Suit
The Second Circuit on Thursday revived a bid by surplus insurers seeking to arbitrate claims over hurricane-related property damage in Louisiana, in a ruling that overturns its own precedent on the interpretation of a treaty governing international arbitration.
Expert Analysis
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Series
Exercising On My Peloton Bike Makes Me A Better Lawyer
While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
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5 Drug And Device Developments That Shaped 2024
The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
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Lessons From United's Axed Win In Firing Over Online Pics
In Wawrzenski v. United Airlines, a California state appeals court revived a flight attendant’s suit over her termination for linking photos of herself in uniform to her OnlyFans account, providing a cautionary tale for employers navigating the complexities of workplace policy enforcement in the digital age, say attorneys at ArentFox Schiff.
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Reviewing The High Court's Approach To Free Speech Online
As the U.S. Supreme Court began addressing the interplay between the First Amendment and online social media platforms, its three opinions from last term show the justices adopting a nuanced approach that recognizes that private citizens, public employees and online platforms all have First Amendment rights, say attorneys at Jenner & Block.
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Series
In The CFPB Playbook: A Sprint To The Finish Line
The fourth quarter of 2024 was an impressive demonstration of the Consumer Financial Protection Bureau's ability to regulate, enforce and supervise, even on borrowed time following the election results, and we should expect the current bureau to run nonstop until Jan. 20, say attorneys at Covington.
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Mich. Ruling Offers View On 'Occurrence' Coverage Definition
As demonstrated by a Michigan state court in its recent decision finding per-wound insurance coverage for a school shooting, the amount of coverage available under occurrence-based policies often depends on how courts interpret "occurrence," say attorneys at Hunton.
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Rejoinder Strategy After Allergan Double-Patenting Case
A closer look at last year's Allergan v. MSN case at the Federal Circuit highlights the importance of rejoinder during patent prosecution in view of the risks associated with obviousness-type double patenting based on later-filed applications in the same patent family, say attorneys at BCLP.
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What FARA Enforcement In 2024 Reveals For The Year Ahead
A number of developments, from indictments to legislation, shaped the Foreign Agents Registration Act enforcement landscape last year, and following the U.S. Department of Justice's recently released long-awaited proposed amendments to the law, 2025 shows no signs of slowing down, says Tessa Capeloto at Wiley.
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Exploring Venue Strategy For Trump-Era Regulatory Litigation
Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
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Lessons Learned From 2024's Top FMLA Decisions
Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.
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5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle
The Fifth Circuit's recent en banc opinion vacating Nasdaq's board diversity listing rule wades into the hotly debated topic of diversity, equity and inclusion initiatives at a time when many public companies are navigating the attention that DEI commitments are drawing from activists and shareholders, say attorneys at Debevoise.
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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.