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High Court To Review Trump's Birthright Order
The U.S. Supreme Court agreed Friday to review the constitutionality of President Donald Trump's executive order aimed at limiting birthright citizenship, after lower courts unanimously found the order to contradict the U.S. Constitution and federal law.
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December 11, 2025
Trial Record Backs Gender-Affirming Care, Ohio Justices Told
A group of transgender youths and their families urged Ohio's highest court to affirm their win overturning state restrictions on gender-affirming care, arguing undisputed evidence at trial backed their arguments on the safety and effectiveness of the treatment.
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December 11, 2025
Life Insurers Exempt From Ill. Genetic Privacy Law, Court Says
An Illinois state appeals court affirmed the dismissal of a man's suit claiming two State Farm life insurers violated Illinois' genetic information privacy law, finding a section barring the use of genetic protected health information for underwriting purposes does not apply to life insurance companies.
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December 11, 2025
Tracking Challenges To USPTO's Discretion Policy
Leaders at the U.S. Patent and Trademark Office have significantly altered the Patent Trial and Appeal Board playing field since March, making changes to institution reviews that have led to unprecedented levels of petition denials. A steady stream of companies has challenged those changes through mandamus petitions to the Federal Circuit, and here Law360 tracks where those petitions stand.
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December 11, 2025
Pharmacies Battle For Coverage Of Opioid Lawsuit Claims
Publix Super Markets and a Georgia-based generic-drug wholesaler urged the Eleventh Circuit on Thursday to force their insurers to defend them in numerous lawsuits accusing the pharmacies of improperly distributing opioids, arguing their policies' coverage for "bodily injury" should include the suits.
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December 11, 2025
10th Circ. Reveals Judge Contacted Ex-Atty In 'Tiger King' Case
A Tenth Circuit panel considering a copyright infringement claim against Netflix over a video clip in its popular "Tiger King" docuseries has requested the parties' input on whether a judge on the panel should recuse himself after inadvertently contacting a former attorney of the plaintiff last month on an unrelated legal matter.
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December 11, 2025
CSX Seeks Rehearing In Conductor's Retaliation Suit
CSX Transportation Inc. is asking the Second Circuit to reconsider its recent decision reviving a former conductor's suit alleging he was fired in retaliation for reporting a hostile work environment, saying the panel wrongly overturned the circuit's own precedent.
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December 11, 2025
NJ Sens. Urge Cooperation On Next NJ US Attorney Nom
The New Jersey senators are looking to collaborate with the White House to find a new nominee for U.S. attorney for the District of New Jersey after the president's initial pick failed.
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December 11, 2025
5th Circ. Weighs Constitutionality Of Gun Dealer Licensing Law
A Fifth Circuit panel seemed dubious Thursday of a gun dealer's claim that licensing requirements imposed on firearm merchants run afoul of the Second Amendment, asking if the dealer was arguing that the federal government cannot regulate gun sellers.
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December 11, 2025
5th Circ. Backs Tex. Man's Convictions In $3.6M Fraud Scheme
The Fifth Circuit upheld conspiracy convictions for a Dallas man accused of fleecing a bank out of $3.6 million in renewed business loans, after rejecting his argument that the jury's learning of his brother's guilty plea tainted his case, ruling Wednesday that the plea did not directly implicate the man in the conspiracy.
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December 11, 2025
3rd Circ. Won't Toss Drug Plea Over Judge's Involvement
The Third Circuit on Thursday refused to vacate a plea agreement in a drug case, finding that while a Pennsylvania federal judge violated judicial rules by imposing a longer sentence than prosecutors wanted, the defendant was unable to prove that the interference substantially violated his rights.
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December 11, 2025
Mich. Justices Weigh If Quitting Can Start Whistleblower Clock
Michigan's Supreme Court justices on Thursday pressed an attorney for a school district on whether a buildup of alleged harassment can allow a worker to claim the adverse treatment forced them to resign — and whether that triggers the time window to bring a suit under the state's Whistleblower Protection Act.
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December 11, 2025
NJ Justices Say Teacher Was 'Essential' During Pandemic
An Ocean Township teacher who died from COVID‑19 in 2020 was an "essential employee" entitled to a statutory presumption that her illness was work-related, the New Jersey Supreme Court affirmed Thursday, rejecting the school district's arguments that the workers' compensation judge improperly granted summary relief without supporting affidavits.
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December 11, 2025
4th Circ. Suppresses Gun Found In Illegal Traffic Stop Search
A West Virginia man sentenced to more than two years in federal prison for illegal possession of a firearm should not have been searched during a 2023 traffic stop, a unanimous Fourth Circuit panel ruled Thursday, finding that a gun found on him should have been suppressed.
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December 11, 2025
6th Circ. Seems Skeptical Of Ex-Paralegal's Harassment Claim
The Sixth Circuit on Thursday seemed to lean toward a broad interpretation of a 2022 law that bars mandatory arbitration for sexual harassment cases, but appeared skeptical that a sexual harassment claim by a former Adams & Reese LLP paralegal passed muster.
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December 11, 2025
Split Pa. Panel Blocks Police Reports On Liquor Licensee
A trial court was wrong to deny a Philadelphia establishment's appeal for renewal of its liquor license, since nearly a dozen police reports the court considered should have been excluded as hearsay, a split appellate panel said Thursday.
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December 11, 2025
Duolingo, CoStar Prevail In Font Patent Fight At Fed. Circ.
The Federal Circuit on Thursday refused to revive a pair of computer font patents challenged by Duolingo Inc. and CoStar Realty Information Inc., backing the Patent Trial and Appeal Board findings that the patents were invalid.
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December 11, 2025
Natural Gas Tax Nixed For Wash. Silicon Maker On Appeal
A Washington state maker of silicon materials used in solar semiconductors qualified for a tax exemption for natural gas purchased for use in its manufacturing process, an appeals court said Thursday, reversing a state board.
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December 11, 2025
MVP: Jenner & Block's Adam Unikowsky
Adam Unikowsky of Jenner & Block LLP's appellate practice got a U.S. Supreme Court victory in February on behalf of unemployment claimants. He also obtained a Second Circuit panel majority win for Uber and Postmates in a proposed antitrust class action and a partial win at the First Circuit in a challenge to a Rhode Island toll on tractor trailers, earning him a spot as one of the 2025 Law360 Appellate MVPs.
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December 11, 2025
Ga. Justices Leave $500K Atty Fee Lien In Place
The Georgia Supreme Court decided it won't review a lower appellate court's ruling that upheld a nearly $500,000 lien awarded to a team of Atlanta personal injury lawyers who said they were bilked by a former client.
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December 11, 2025
6th Circ. Panel Shows No Leanings On PBM Jurisdiction Fight
A Sixth Circuit appeals panel gave few hints Thursday on whether it would send back to state court a lawsuit from Ohio alleging that pharmacy benefit managers were driving up prescription prices through rebate schemes.
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December 11, 2025
Grassley Urges White House To Step It Up On Noms
Sen. Chuck Grassley, chair of the Senate Judiciary Committee, had a message for the White House Thursday: "Get on the ball" with nominations for U.S. attorneys and the judiciary.
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December 11, 2025
Feds Challenge Utah Tribe's 1800 Act Land Ownership Claim
The federal government is asking the D.C. Circuit to reject a bid by the Ute Indian Tribe to reverse a lower court decision that denied it ownership of 1.5 million acres of U.S. land, saying the challenge is based on mischaracterizations of a 19th century law.
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December 11, 2025
Full 11th Circ. Won't Review Marijuana Enhancement Sentence
The Eleventh Circuit, in refusing to rehear the decision, has upheld a 15-year prison sentence for a man who claimed an enhancement to a federal firearms conviction for a marijuana offense violated his rights under the equal protection clause of the Constitution.
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December 10, 2025
Hyundai Attacks Judge's 'Disdain For Arbitration' At 9th Circ.
Hyundai urged the Ninth Circuit Wednesday to revive its bid to arbitrate litigation over an alleged defect in its Palisade SUVs, saying that a district court judge erred by rejecting an arbitration agreement within a contract for complimentary "connected" services and arguing that the order "drips with disdain for arbitration."
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December 10, 2025
Pelosi Attack Footage Unfairly Swayed Jurors, 9th Circ. Told
David DePape urged the Ninth Circuit Wednesday to vacate his conviction and 30-year prison sentence for attempting to kidnap then-House Speaker Nancy Pelosi and assaulting her husband, arguing the trial judge committed multiple errors, including admitting prejudicial footage of Pelosi's husband lying in a pool of blood.
Editor's Picks
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4 Top Supreme Court Cases To Watch This Term
After a busy summer of emergency rulings, the U.S. Supreme Court will kick off its October 2025 term Monday with only a few big-ticket cases on its docket — over presidential authorities, transgender athletes and election law — in what might be a strategically slow start to a potentially momentous term. Here, Law360 looks at four of the most important cases on the court's docket so far.
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Justices To Confront Divisive Cases On Rights, Power, Liberty
The U.S. Supreme Court is poised to confront a slate of divisive issues in its upcoming term that begins Monday, with voting rights, transgender equality, religious freedom, immigration detention, and criminal procedure all on the docket.
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The Roberts Court At 20: How The Chief Is Reshaping America
Twenty years after John Roberts became the 17th chief justice of the United States, he faces a U.S. Supreme Court term that's looking transformative for the country and its institutions. How Justice Roberts and his colleagues navigate mounting distrust in the judiciary and set the boundaries of presidential authority appear increasingly likely to define his time leading the court.
Expert Analysis
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Key Crypto Class Action Trends And Rulings In 2025
As the law continued to take shape in the growing area of crypto-assets, this year saw a jump in crypto class action litigation, including noteworthy decisions on motions to compel arbitration and class certification, says Justin Donoho at Duane Morris.
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NBA, MLB Betting Indictments: Slam Dunks Or Strikeouts?
Recent fraud charges against bettors, NBA players and MLB pitchers raise questions about what the government will need to prove to prosecute individuals involved in placing bets based on nonpublic information, and it could be a tough sell to juries, say attorneys at Ford O'Brien.
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Series
Knitting Makes Me A Better Lawyer
Stretching my skills as a knitter makes me a better antitrust attorney by challenging me to recalibrate after wrong turns, not rush outcomes, and trust that I can teach myself the skills to tackle new and difficult projects — even when I don’t have a pattern to work from, says Kara Kuritz at V&E.
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Eveready Vs. Squirt: How Trademark Surveys Fare In 9th Circ.
An analysis of how two consumer surveys for measuring confusion in trademark disputes perform in the Ninth Circuit across pivotal points in trademark cases' progression reveals insights not only on how the two formats stack up against each other, but also how to maximize a survey's effectiveness, say attorneys at Dorsey.
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Series
The Biz Court Digest: Welcome To Miami
After nearly 20 years in operation, the Miami Complex Business Litigation Division is a pioneer upon which other jurisdictions in the state have been modeled, adopting many innovations to keep its cases running more efficiently and staffing experienced judges who are accustomed to hearing business disputes, say attorneys at King & Spalding.
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Identifying And Resolving Conflicts Among Class Members
As the Fifth Circuit's recent decision in Nova Scotia Health Employees' Pension Plan v. McDermott International illustrates, intraclass conflicts can determine the fate of a class action — and such conflicts can be surprisingly difficult to identify, says Andrew Faisman, a clerk at the U.S. District Court for the Southern District of New York.
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1st-Of-Its-Kind NIL Claim Raises Liability Coverage Questions
The University of Georgia Athletic Association recently sought to compel arbitration against former UGA football player Damon Wilson in a first-of-its-kind legal action for breach of a name, image and likeness contract, highlighting questions around student-athlete employment classification and professional liability insurance coverage, says Sarah Abrams at Baleen Specialty.
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Rule Update May Mean Simpler PFAS Reports, Faster Timeline
The U.S. Environmental Protection Agency's recently proposed revisions to the Toxic Substances Control Act's per- and polyfluoroalkyl substances reporting rule would substantially narrow reporting obligations, but if the rule is finalized, companies will need to prepare for a significantly accelerated timeline for data submissions, say attorneys at Alston & Bird.
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Navigating The New Patchwork Of Foreign-Influence Laws
On top of existing federal regulations, an expanding wave of state legislation — placing new limits on foreign-funded political spending and new registration requirements for foreign agents — creates a confusing compliance backdrop for corporations that demands careful preplanning, say attorneys at BakerHostetler.
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AI Evidence Rule Tweaks Encourage Judicial Guardrails
Recent additions to a committee note on proposed Rule of Evidence 707 — governing evidence generated by artificial intelligence — seek to mitigate potential dangers that may arise once machine outputs are introduced at trial, encouraging judges to perform critical gatekeeping functions, say attorneys at Lankler Siffert & Wohl.
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Series
The Law Firm Merger Diaries: Getting The Message Across
Communications and brand strategy during a law firm merger represent a crucial thread that runs through every stage of a combination and should include clear messaging, leverage modern marketing tools and embrace the chance to evolve, says Ashley Horne at Womble Bond.
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How High Court Could Upend Campaign Spending Rules
In National Republican Senatorial Committee v. Federal Election Commission, the U.S. Supreme Court will hear arguments about the constitutionality of coordinated party contribution spending caps, and its decision will have immediate practical effects just as the 2026 election gets underway, says Bill Powers at Spencer Fane.
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Previewing Justices' Driver Arbitration Exemption Review
The U.S. Supreme Court's forthcoming decision in Flowers Foods v. Brock, addressing whether last-mile delivery drivers are covered by the Federal Arbitration Act's exemption for transportation workers, may require employers to reevaluate the enforceability of arbitration agreements for affected employees, say attorneys at Sullivan & Cromwell.
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Opinion
Horizontal Stare Decisis Should Not Be Casually Discarded
Eliminating the so-called law of the circuit doctrine — as recently proposed by a Fifth Circuit judge, echoing Justice Neil Gorsuch’s concurrence in Loper Bright — would undermine public confidence in the judiciary’s independence and create costly uncertainty for litigants, says Lawrence Bluestone at Genova Burns.
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How Fed. Circ. Shaped Subject Matter Eligibility In 2025
The Federal Circuit's most impactful patent eligibility decisions this year, touching on questions about obviousness and abstractness, provide a toolbox of takeaways that can be utilized during patent preparation and prosecution to guard against potential challenges, says Reilley Keane at Banner Witcoff.