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Appellate
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October 06, 2025
DJ Company Misclassified Workers, NJ Panel Rules
A New Jersey wedding DJ services company misclassified its entertainers as independent contractors rather than employees, the state appeals court ruled, affirming the state Department of Labor's $45,645 judgment against the company.
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October 06, 2025
Baseball's Antitrust Exemption Escapes High Court Review
The U.S. Supreme Court refused a request on Monday to review baseball's century-old exemption from antitrust law in a case from players accusing Major League Baseball and its teams of colluding to pay minor leaguers "poverty level" wages.
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October 06, 2025
Justices Won't Revisit Apache Land Exchange Dispute
The U.S. Supreme Court won't reconsider its decision to deny an Apache nonprofit's petition that looked to block the transfer of nearly 2,500 acres to a copper mining company it said would destroy an ancient Indigenous worship site.
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October 06, 2025
Mass. Justices Say Harvard Must Face Cadaver Theft Claims
Massachusetts' highest court on Monday reinstated claims against Harvard University over what one justice called a "ghoulish" and "macabre scheme" by its former medical school morgue manager to dissect, steal and sell body parts from donated medical research cadavers.
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October 06, 2025
Justices Won't Revive Church Shooting Claims Against Meta
The Supreme Court on Monday denied a petition from the family of a South Carolina state senator who died in the June 2015 shooting at Mother Emanuel AME Church in Charleston, leaving in place a Fourth Circuit decision finding their claims against Meta Platforms were barred by federal law.
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October 06, 2025
Justices Won't Hear Ex-Steel Co. Manager's Retaliation Suit
The U.S. Supreme Court refused Monday to review a suit brought by a former steel company manager who said lower courts let his former employer use unverified misconduct allegations to shield itself from claims that he was fired for speaking out about racial bias.
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October 06, 2025
High Court Won't Revisit Packaging Co.'s Win In ADA Case
The U.S. Supreme Court refused Monday to hear a former packing company worker's challenge to the dismissal of his suit claiming he was unlawfully placed on unpaid leave after he asked to be excused from climbing ladders because of an injury, letting the company's Sixth Circuit win stand.
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October 06, 2025
High Court Skips Review Of ERISA Liability For DuPont Heirs
The U.S. Supreme Court has declined to consider whether DuPont heirs should be held liable for alleged Employee Retirement Income Security Act violations for inadequately funding a now-insolvent trust established in 1947 by their grandmother to pay them and their workers retirement benefits.
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October 06, 2025
Ghislaine Maxwell's Appeal Is Rejected By Supreme Court
The U.S. Supreme Court on Monday declined to hear Jeffrey Epstein associate Ghislaine Maxwell's appeal of her 2021 sex trafficking conviction.
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October 06, 2025
High Court Won't Review NYC Bus Tour Antitrust Case
The U.S. Supreme Court refused on Monday to review a New York City tour bus operator's case accusing a group of rivals of combining their operations and using the partnership to squash competition for hop-on, hop-off tour bus service.
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October 06, 2025
Justices Skip Pa. GOP Challenge To Biden's Voting Order
The U.S. Supreme Court on Monday declined to take on Pennsylvania GOP lawmakers' challenge to former President Joe Biden's executive order expanding "get-out-the-vote" information, letting stand a ruling that the Republican politicians did not have standing to sue over the order.
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October 06, 2025
Justices Won't Review Live Nation's Arbitration Terms
The U.S. Supreme Court refused Monday to grant Live Nation's request for clarity about whether federal arbitration law covers "alternative" forms of arbitration after the Ninth Circuit found Ticketmaster's consumer arbitration agreement cannot be enforced in an antitrust case.
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October 06, 2025
Justices Deny SEC Whistleblower Award Calculation Appeal
The U.S. Supreme Court on Monday declined to take up two whistleblowers' case alleging the U.S. Securities and Exchange Commission shortchanged them after they helped to uncover purportedly the largest fraud in Texas history, after the pair argued the agency improperly and retroactively applied a rule amendment to dilute their awards.
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October 06, 2025
Justices Won't Hear Coinbase's Calif. Arbitration Challenge
The U.S. Supreme Court on Monday declined to take up a case from Coinbase over whether federal arbitration laws preempt a California high court precedent that enabled a group of users to keep the crypto exchange in court over claims it misrepresented the security of its platform.
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October 06, 2025
Supreme Court Declines To Revisit McGirt Tribal Jurisdiction
The U.S. Supreme Court declined to hear a Cherokee Nation member's challenge to his conviction over a speeding ticket issued by Tulsa, Oklahoma, police on Creek land that he argues runs afoul of the court's 2020 landmark decision holding that only federal and tribal governments can prosecute Native Americans on tribal lands.
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October 06, 2025
Justices Will Not Review Question Of Credit Union's Liability
The U.S. Supreme Court on Monday declined to take up a petition to overturn a Fourth Circuit ruling that found banks cannot be held liable for fraudulent fund transfers made from their accounts without having "actual knowledge" that there were discrepancies between the intended beneficiary and the account receiving the deposit.
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October 06, 2025
Justices Deny Certiorari In Auditor's $1.5M Retaliation Suit
The U.S. Supreme Court on Monday declined to hear Axos Bank's petition challenging a $1.5 million award to a former auditor who claimed he was fired for whistleblowing, rejecting a matter that concerns how companies defend against such retaliation claims.
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October 06, 2025
High Court Refuses To Review Revived SAP Tying Claims
The U.S. Supreme Court denied a request on Monday from German software giant SAP to review a ruling that revived Teradata's antitrust claims over the alleged tying of software and database products.
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October 06, 2025
High Court Turns Down 6 Patent Cases At Start Of Term
The U.S. Supreme Court on Monday rejected six petitions in patent-related cases, taking some of its first actions on intellectual property matters this term.
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October 06, 2025
Justices Seek US Opinion On $419M Arbitration Question
The U.S. Supreme Court on Monday requested that the federal government weigh in on Spain's petition challenging a D.C. Circuit decision laying a path to enforce some $419.45 million in arbitral awards against it, a case that the country argues raises two questions of "critical importance" for foreign sovereigns.
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October 06, 2025
High Court Passes On Halkbank's Immunity Claims
The U.S. Supreme Court on Monday declined to take up Halkbank's claims that it has common-law foreign sovereign immunity from criminal charges alleging the bank laundered about $1 billion in sanctioned Iranian oil proceeds.
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October 06, 2025
Justices Won't Review Blacklisting Case Against LegitScript
The U.S. Supreme Court refused Monday to review a bid from LegitScript to duck an antitrust case accusing it of blacklisting a drug price checking website despite contentions that it facilitates illegal imports of prescription drugs.
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October 06, 2025
Justices Won't Hear Nissan Sunroof Defect Class Spat
The U.S. Supreme Court on Monday declined to take up Nissan North America Inc.'s bid to unravel certified classes of drivers alleging the automaker sold vehicles with defective panoramic sunroofs, a case that sought additional clarity on standards that might allow uninjured plaintiffs to pursue class claims against corporate defendants.
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October 06, 2025
Justices Won't Review Ex-BigLaw Atty's OneCoin Conviction
The U.S. Supreme Court on Monday declined to take up a former Locke Lord LLP partner's appeal of his conviction and prison sentence for helping launder roughly $400 million in proceeds from the infamous OneCoin cryptocurrency scheme.
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October 06, 2025
High Court Rejects USAA Appeal Over Patent Invalidations
The U.S. Supreme Court refused Monday to review the invalidation of two USAA patents in litigation against PNC Bank after USAA argued the Federal Circuit blessed a contradictory ruling in a nearly identical patent review.
Expert Analysis
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
IRS Should Work With Industry On Microcaptive Regs
The IRS should engage with microcaptive insurance owners to develop better regulations on these arrangements or risk the emergence of common law guidance as taxpayers with legitimate programs seek relief in the federal courts, says Dustin Carlson at SRA 831(b) Admin.
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FLSA Interpretation Patterns Emerge 1 Year After Loper Bright
One year after the U.S. Supreme Court's monumental decision in Loper Bright Enterprises v. Raimondo, four distinct avenues of judicial decision-making have taken shape among lower courts that are responding to their newfound freedom in interpreting the Fair Labor Standards Act through U.S. Department of Labor regulations, say attorneys at Kutak Rock.
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A Pattern Emerges In Justices' Evaluation Of Veteran Statute
The recent Soto v. U.S. decision that the statute of limitations for certain military-related claims does not apply to combat-related special compensation exemplifies the U.S. Supreme Court's view, emerging in two other recent opinions, that it is a reviewing court's obligation to determine the best interpretation of the language used by Congress, says attorney Kenneth Carpenter.
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Fed. Circ. In May: Evaluating Opportunistic Trademark Filings
The Federal Circuit's decision last month in the "US Space Force" trademark case gives the Trademark Trial and Appeal Board additional clarity when working through opportunistic trademark filings, particularly when the mark's value is primarily due to the potential value of a false connection, say attorneys at Knobbe Martens.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.
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Drawbacks For Taxpayers From Justices' Levy Dispute Ruling
The Supreme Court's June decision in Commissioner v. Zuch, holding the Tax Court lacks jurisdiction to resolve disputes where the IRS has stopped pursuing a levy, may require taxpayers to explore new tactics for mitigating the increased difficulty of appealing their liability via collection due process hearings, says Matthew Roberts at Meadows Collier.
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In NRC Ruling, Justices Affirm Hearing Process Still Matters
The U.S. Supreme Court's decision in Nuclear Regulatory Commission v. Texas safeguards the fairness, clarity and predictability of the regulatory system by affirming that to challenge an agency's decision in court, litigants must first meaningfully participate in the hearing process that Congress and the agency have established, says Jonathan Rund at the Nuclear Energy Institute.
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What Baseball Can Teach Criminal Attys About Rule Of Lenity
Judges tend to assess ambiguous criminal laws not unlike how baseball umpires approach checked swings, so defense attorneys should consider how to best frame their arguments to maximize courts' willingness to invoke the rule of lenity, wherein a tie goes to the defendant, says Jonathan Porter at Husch Blackwell.
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Tips For Litigating Apex Doctrine Disputes Amid Controversy
Litigants once took for granted that deposition requests of high-ranking corporate officers required a greater showing of need than for lower-level witnesses, but the apex doctrine has proven controversial in recent years, and fights over such depositions will be won by creative lawyers adapting their arguments to this particular moment, say attorneys at Hangley Aronchick.
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Series
Performing As A Clown Makes Me A Better Lawyer
To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.
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9th Circ. Ruling Is Turning Point For Private Funds In 401(k)s
The Ninth Circuit's decision in Anderson v. Intel reinforces that the Employee Retirement Income Security Act's duty of prudence permits fiduciaries to use private market assets in diversified funds, yet it also exposes the persistent litigation and regulatory uncertainties that continue to temper wider adoption in 401(k) plans, say attorneys at Debevoise.
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Perspectives
Justices' Sentencing Ruling Is More Of A Ripple Than A Wave
The U.S. Supreme Court’s decision last week in Esteras v. U.S., limiting the factors that lower courts may consider in imposing prison sentences for supervised release violations, is symbolically important, but its real-world impact will likely be muted for several reasons, say attorneys at Perkins Coie.
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DOJ Atty Firing Highlights Tension Between 2 Ethical Duties
The U.S. Department of Justice's recent firing of a prosecutor-turned-whistleblower involved in the Abrego Garcia v. Noem case illustrates the tricky balancing act between zealous client advocacy and a lawyer’s duty of candor to the court, which many clients fail to appreciate, says David Atkins at Yale Law School.
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Series
Law School's Missed Lessons: Rejecting Biz Dev Myths
Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.