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Appellate
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September 26, 2025
Trump Says Cook Can't Rely On 'Mantra' Of Fed Independence
The Trump administration Friday fired back at Federal Reserve Gov. Lisa Cook's argument that the Fed's independence is at stake if the president is allowed to fire her, arguing before the U.S. Supreme Court that Cook invokes "the mantra of Federal Reserve independence" to impose removal protections Congress never enacted.
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September 26, 2025
Full Fed. Circ. Told There's Mixed Transfer Law In Patent Case
Software company VirtaMove Corp. is doubling down on efforts to keep its patent infringement suits against Amazon and Google in the Western District of Texas, telling the full Federal Circuit that a panel strayed from Fifth Circuit precedent by declining to disturb the suits' transfer to California.
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September 26, 2025
BIA Releases More Precedential Immigration Decisions
The Board of Immigration Appeals has released two more decisions designated as precedential, adding to the Trump administration's growing tally of opinions that are binding upon the board.
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September 26, 2025
Zillow Loses 9th Circ. Bid To Undo Investor Class Cert.
The Ninth Circuit on Friday affirmed a lower court's decision to grant class certification in an investor suit claiming Zillow Group Inc. oversold a now-shuttered home-buying program, rejecting the real estate listing site's arguments that the lower court did not correctly apply the U.S. Supreme Court's Goldman decision to the class certification bid.
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September 26, 2025
DC Circ. Examines FERC's Revised Grid Hookup Policy
The D.C. Circuit is set to decide whether the Federal Energy Regulatory Commission made a mistake when overhauling its policy for hooking up new power projects to the grid, after spending the entire morning and part of the afternoon Friday going over the penalty framework.
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September 26, 2025
Fed. Circ. Won't Gamble On Lottery Ticket Patent Without Suit
The Federal Circuit on Friday dismissed Interactive Communications International's appeal of a Patent Trial and Appeal Board decision declining to invalidate claims in a preprinted lottery ticket patent, saying the company lacks standing since it isn't facing a lawsuit by the patent owner.
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September 26, 2025
9th Circ. Nixes Murder Restitution Over Spousal Interest
The federal government cannot seize as restitution a retirement account belonging to a man sentenced to life in prison for murdering two of his U.S. Coast Guard colleagues at an Alaska maintenance facility in 2012 because his wife has an interest in the account, a Ninth Circuit panel ruled Friday.
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September 26, 2025
CareDx Asks 3rd Circ. To Rethink $45M False Ad Case
Medical testing company CareDx has asked the Third Circuit for a panel rehearing or a rehearing before the entire circuit to consider reinstating a $45 million jury award in a false advertisement case over genetic testing technology against rival Natera.
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September 26, 2025
Google Asks High Court To Pause Epic Play Store Order
Google has asked the U.S. Supreme Court to pause parts of the order won by Epic Games in its antitrust case targeting the tech giant's app store policies, saying the sweeping injunction threatens to create security and privacy concerns for millions of users.
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September 26, 2025
Boeing Pushes 9th Circ. To Rethink $72M Trade Secret Verdict
Boeing has urged the Ninth Circuit to reconsider an August decision reinstating a $72 million jury verdict against the aircraft giant in an electric jet startup's trade secret case, saying the appellate panel decision creates "confusion, conflict, and injustice."
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September 26, 2025
Citizens Lack Standing To Force Election Probe, Per Ga. Panel
The Georgia Court of Appeals said Friday that a trial court rightly scuttled a suit trying to force the appointment of a special prosecutor to probe a state official suspected of involvement in Georgia's election interference case, but the lower court failed to take the necessary step to dismiss the case outright.
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September 26, 2025
Agents Seek Stay In Fatal Ariz. Shooting Amid 9th Circ. Appeal
The federal government and three U.S. Customs and Border Patrol agents are asking an Arizona federal court to pause a lawsuit alleging the agents wrongfully shot and killed a Tohono O'odham Nation man until the Ninth Circuit weighs in on whether they are immune from the claims.
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September 26, 2025
Fla. Urges 11th Circ. To Remand Snap Inc. Suit To State Court
The Florida Office of the Attorney General urged the Eleventh Circuit to undo an order blocking enforcement of a law that requires Snap Inc. to limit teens' access to the platform, arguing the case belongs in state court.
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September 26, 2025
DC Circ. Won't Stop FDA From Approving Entresto Generic
The D.C. Circuit on Friday shot down Novartis' attempt to block the U.S. Food and Drug Administration's approval of a generic version of its most lucrative drug, the heart disease medication Entresto.
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September 26, 2025
2nd Circ. Urged To Rethink Afghan Central Bank Ruling
Victims of two terrorist attacks have called on the en banc Second Circuit to reconsider a panel's August decision rejecting their attempts to secure blocked funds held by the central bank of Afghanistan, arguing the panel ignored U.S. Supreme Court and Second Circuit precedents.
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September 26, 2025
Off The Bench: NCAA Mostly Beats Trans Suit, Faces Another
In this week's Off The Bench, the NCAA beat the majority of claims over its former transgender policy, but faced a new lawsuit in New York, along with the State University of New York, stemming from its current ban of transgender athletes competing in women's sports.
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September 26, 2025
Clinic Defends Legal Malpractice Suit Over Ex-Eagle's Case
A Philadelphia judge should overrule a law firm's attempts to fight malpractice claims tied to a professional negligence case brought by onetime Philadelphia Eagles safety Chris Maragos over his care following a knee injury, a medical clinic has argued, telling the court that the firm's objections are legally barred.
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September 26, 2025
Court Agrees To Venue Transfer In Worker Death Suit
A Pennsylvania appeals court has agreed with a Philadelphia County trial court that a suit against Hanover Foods Corp. over the death of a worker who fell into a bean hopper properly belongs in York County.
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September 26, 2025
Judge Won't Halt EPA's $3B Climate Grant Cuts During Appeal
A Washington, D.C., federal judge denied conservation groups' and local governments' effort to stop the U.S. Environmental Protection Agency from ending a $3 billion climate grant program while they appeal the dismissal of their lawsuit.
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September 26, 2025
9th Circ. Halts Vegas Newspaper Ruling For High Court Appeal
The Ninth Circuit has stayed its ruling that a long-standing arrangement between the Las Vegas Sun and the Las Vegas Review-Journal is unlawful while the Sun appeals to the U.S. Supreme Court to preserve the pact.
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September 26, 2025
Mich. High Court To Revisit Wrongful Death Tolling Rule
The Michigan Supreme Court said on Friday it would weigh whether a required notice period for medical malpractice claims extends the time wrongful death plaintiffs may wait to sue, revisiting a question it decided in 2004.
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September 26, 2025
DC Circ. Revives FCA Suit Against US Cellular
U.S. Cellular Corp. must face a lawsuit from two whistleblowers alleging it used a sham business to fraudulently obtain discounted spectrum licenses through Federal Communications Commission auctions, a D.C. Circuit panel ruled Friday in overturning a lower court.
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September 26, 2025
High Court Pauses Distribution Of $4B Foreign Aid
The U.S. Supreme Court ruled Friday that the Trump administration can hold onto $4 billion in frozen foreign aid funding while Congress considers a proposal to cut it, pausing a lower court order that required the federal government to spend the money before the end of the month.
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September 26, 2025
Calif. Justices Approve Changes To Bar Exam Oversight Rule
The California Supreme Court has approved amendments to the state rules of court, in part to clarify oversight of the California bar exam in the wake of a botched administration in February.
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September 26, 2025
Texas High Court Won't Redo Med Mal Nonprofit Liability Case
The Texas Supreme Court said Friday it won't disturb its May ruling that nonprofit health organizations can be sued for the alleged medical malpractice of one of their physician employees.
Expert Analysis
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How Justices' Ruling Limits Options To Challenge DHS Orders
In Riley v. Bondi, the U.S. Supreme Court recently ruled that a 30-day deadline for challenging deportation orders begins when the U.S. Department of Homeland Security issues a final administrative review order, opening the door for the government to effectively bar circuit court review in future similar cases, says Kevin Gregg at Kurzban Kurzban.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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Purdue Case Could Transform Patent Obviousness Analyses
If accepted for review by the U.S. Supreme Court, Purdue Pharma v. Accord Healthcare — concerning whether Purdue's abuse-deterrent opioid formulation patents were invalid as obvious — could significantly shift how courts weigh secondary considerations in patent obviousness analyses, say attorneys at Lathrop.
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NM Cyber Ruling Will Spur Litigation As Coverage Remedy
In Kane v. Beazley, the New Mexico Court of Appeals recently found that a cyber liability provision insuring security breaches included coverage for funds transfer fraud, implicitly and incorrectly motivating policyholders to commence litigation to avoid contractual limitations on cyber coverages, say attorneys at Zelle.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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Texas' Cactus Ruling Clarifies 'Produced Water' Rules
The Texas Supreme Court's decision in Cactus Water Services v. COG Operating, holding that mineral interest lessees have the rights to water extracted alongside oil and gas, should benefit industry players by clarifying the rules — but it leaves important questions about royalties unresolved, say attorneys at Yetter Coleman.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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How Political Divisions Are Stalling Pa. Energy Development
Despite possessing the nation's second-largest natural gas reserves and a legacy of energy infrastructure, Pennsylvania faces a fragmented and politically charged path to developing the energy resources it will need in the future, thanks to legislative gridlock, divided public opinion and competing energy interests, says Andrew Levine at Stradley Ronon.
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How High Court Ruling Can Aid Judgment Enforcement In US
In CC/Devas (Mauritius) v. Antrix, a unanimous U.S. Supreme Court recently ruled that only two steps are required to keep a foreign sovereign in federal court, making it a little easier for investors to successfully bring foreign states and sovereign-owned and -controlled entities into U.S. courts, says Kristie Blase at Felicello Law.
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What High Court's Tenn. Trans Care Ruling Means Nationally
The U.S. Supreme Court's decision in U.S. v. Skrmetti, upholding a Tennessee ban on gender-affirming medical care for minors, is fairly limited in scope and closely tailored to the specific language of Tennessee's law, but it may have implications for challenges to similar laws in other states, say attorneys at Hall Render.
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Justices Rewrite Rules For Challenging Enviro Agency Actions
Three recent U.S. Supreme Court rulings — Nuclear Regulatory Commission v. Texas, Oklahoma v. U.S. Environmental Protection Agency and EPA v. Calumet Shreveport Refining — form a jurisprudential watershed in administrative and environmental law, affirming statutory standing and venue provisions as the backbone of coherent judicial review, say attorneys at GableGotwals.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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High Court ACA Ruling May Harm Preventative Care
The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.
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Opinion
Subject Matter Eligibility Test Should Return To Preemption
Subject matter eligibility has posed challenges for patentees due to courts' arbitrary and confusing reasoning, but adopting a two-part preemption test could align the applicant, the U.S. Patent and Trademark Office and the courts, says Manav Das at McDonnell Boehnen.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.