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Appellate
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November 18, 2025
Pa. Panel Says Burnt Weed Smell Justified Search
The Pennsylvania Superior Court on Tuesday refused to suppress evidence in a drug possession case, ruling that the odor of burnt marijuana creates probable cause for police officers to detain someone and search for drugs.
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November 18, 2025
Vt. High Court Upholds Revocation Of Pot Grower's License
The Vermont Supreme Court upheld the state's Cannabis Control Board's decision to pull a cultivator's license on allegations that the grower used a prohibited pesticide after being explicitly told not to, with the justices rejecting the company's request to review how the board weighed the evidence.
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November 18, 2025
Fed. Circ. Won't Check Decision Eroding $4M IP Judgment
The Federal Circuit won't rethink any part of a panel's decision that overruled most of a New York federal judge's $4 million infringement judgment against two hospitality providers in a multifaceted appeal over hookless shower curtains.
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November 18, 2025
Flagstar Urges 9th Circ. Redo For Escrow Interest Ruling
Flagstar Bank pushed the entire Ninth Circuit to reconsider its prior ruling in a putative class action that accused the bank of violating a California law that requires banks to make interest payments for escrow accounts connected to certain types of residential mortgage loans, arguing that the court deciding that the state law is not preempted by the National Bank Act clashes with the U.S. Supreme Court's decision in a similar case.
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November 18, 2025
6th Circ. Revives Deadly Force Suit Against Mich. Police
A divided Sixth Circuit panel found Tuesday that a pair of Lansing, Michigan, police officers are not entitled to qualified immunity for shooting and killing a man outside his home, reviving an excessive force claim against the officers.
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November 18, 2025
NJ Justices Asked How 'Beneficial Use' Should Affect Zoning
A Garden State town urged the New Jersey Supreme Court on Tuesday to provide a blueprint for how municipal zoning boards should evaluate variance applications under a nearly three-decade-old amendment to the state's land use law, arguing that a lower court did not give the update proper consideration when it overturned the town's denial of a senior living facility.
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November 18, 2025
Pa. Justice Spots 'Slippery Slope' In Trafficking Coverage Row
Justices on Pennsylvania's Supreme Court seemed wary Tuesday of creating a "slippery slope" where alleged violations of criminal law could be used by insurers to deny coverage under a "public policy exception," scrutinizing a suit in which insurers wanted out of defending a Philadelphia hotel accused of ignoring sex trafficking.
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November 18, 2025
Bristol-Myers Squibb Can Appeal Pension Suit To 2nd Circ.
Drugmaker Bristol-Myers Squibb and its investment manager can ask the Second Circuit to review a decision from September denying their motion to dismiss a pension dispute for lack of standing, a New York federal judge ruled.
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November 18, 2025
Feds Tell DC Circ. Congress OK'd Quick Removal Of Parolees
The Trump administration urged the D.C. Circuit to undo a federal judge's order placing limits on expedited removals, arguing that its hands are being tied in lawful efforts to deport noncitizens who were paroled into the country.
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November 18, 2025
Calif. Panel Won't Revive Hip Replacement Med Mal Suit
A California appeals panel won't reinstate a man's suit alleging he needed to have his hip replacement redone after his leg shrank two inches, saying he failed to rebut the doctor's expert testimony that the initial surgery was within the standard of care.
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November 18, 2025
Asst. Gets New Try At Religious Bias Suit Over Wash. Vax Rule
A divided Washington state appeals court panel said Tuesday a lower court was wrong to dismiss a legal assistant's lawsuit accusing the Washington State Attorney General's Office of wrongfully refusing her request for a religious accommodation to the state's COVID-19 vaccine mandate, reopening the suit.
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November 18, 2025
Atty Asks 5th Circ. To Address Outlying Matters In TM Case
An attorney locked in a trademark battle with Lewis Brisbois Bisgaard & Smith LLP asked the Fifth Circuit to address the case again Tuesday, saying it did not get to several outstanding issues that will affect the case in district court when it vacated the firm's $1 million damages award against him.
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November 18, 2025
1st Circ. May Nix Trump Funding Freeze In 'Weird' Case
The First Circuit on Tuesday hinted that a federal judge may have been in bounds when blocking the Trump administration from withholding certain funds for states, expressing skepticism that the judge's order was improper or overly broad.
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November 18, 2025
Fed. Circ. Voids Allergan's $39M Trial Win Over Eyelash Patent
The Federal Circuit on Tuesday reversed a $39 million verdict against Sandoz in Allergan's suit accusing it of infringing an eyelash growth drug patent, finding a Colorado federal jury should have found the patent claim at issue invalid for inadequate written description.
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November 18, 2025
11th Circ. Won't Revive Oil Contract Suit Against Siemens
The Eleventh Circuit has upheld the dismissal of a Saudi company's business interference complaint against Siemens Energy Inc. because Siemens, as the owner of the company's joint venture partner, was not a stranger to the agreement.
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November 18, 2025
Trump Can't Revive $475M Libel Suit Against CNN At 11th Circ.
The Eleventh Circuit upheld a ruling Tuesday tossing President Donald Trump's $475 million lawsuit alleging CNN defamed him by repeatedly calling Trump's 2020 presidential election fraud claims a "Big Lie," agreeing with the lower court that Trump failed to adequately allege CNN's "subjective" statements about Trump's conduct were false.
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November 18, 2025
Ill. Panel Says Court Misapplied Drug Charge Immunity Law
An Illinois appeals court revived a man's methamphetamine possession charges, ruling that he is not protected from prosecution by state drug harm reduction laws.
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November 18, 2025
9th Circ. Doubts Suit Over Seattle's Response To BLM Protest
The Ninth Circuit appeared skeptical Tuesday about reviving claims that the city of Seattle violated the constitutional rights of two businesses by abandoning several city blocks during the 2020 Black Lives Matter protests, with one judge questioning whether city officials put them in a "more dangerous situation" than others in the neighborhood.
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November 18, 2025
Juror Discharge Prompts New Trial In NY Murder Attempt Case
A New York state appeals court on Tuesday ordered a new trial for a man sentenced to 14 years in prison in 2022 for attempted murder and other crimes in New York City, finding that the discharge of a juror for allegedly not speaking enough English wasn't supported by the record.
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November 18, 2025
Polaris Hits Back At 'Settled Expectations' Fed. Circ. Fight
Polaris PowerLED says Sandisk Technologies Inc.'s Federal Circuit challenge to the U.S. Patent and Trademark Office's denial of patent reviews based on a patent owner's "settled expectations" is not any different from similar cases that have been rejected by the circuit court.
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November 18, 2025
3rd Circ. Backs Burger King's Win In Miscarriage Bias Suit
The Third Circuit upheld an arbitrator's ruling that Burger King didn't discriminate against an ex-employee's pregnancy when her superiors wouldn't relieve her when she miscarried during a shift, finding the arbitrator rationally determined that bias did not infect company decision-making.
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November 18, 2025
YouTube Channel Can't Recover Costs In IP Fight After Appeal
A man who claimed co-authorship of a disclaimer notice used on a YouTube channel about mental health has persuaded an appellate court to set aside an order requiring him to pay the legal costs of the educational platform he was suing for copyright infringement after proving that the previous judge ignored key parts of his plea.
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November 18, 2025
4th Circ. Restores Trade Secrets Suit Against Insurance Execs
The Fourth Circuit on Tuesday revived insurer Sherbrooke Corp.'s claims of trade secrets theft against three former executives, disagreeing with a district judge who found that the company had not made enough of an effort to guard the software in question.
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November 18, 2025
Rumble Alerts 9th Circ. To Recusal Bid Over Google Ties
Days after Rumble asked a California federal judge to consider recusal in the event the Ninth Circuit revives its antitrust lawsuit against Google, the video-sharing site flagged its recusal bid to the Ninth Circuit itself, filing a motion for judicial notice of the district court judge's friendship with Google's top in-house litigation chief.
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November 18, 2025
Ill. Justices Mull If Permits Override Pollution Exclusions
Counsel for a sterilization company and its former parent seeking defense costs for hundreds of lawsuits over ethylene oxide emissions at a suburban Chicago facility urged the Illinois Supreme Court on Tuesday to find a pollution exclusion in their insurance policy doesn't apply to emissions allowed under a state permit, insisting the policyholders are not polluters under Illinois law or "in the general sense of the word."
Expert Analysis
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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Female Athletes' NIL Deal Challenge Could Be Game Changer
A challenge by eight female athletes to the NCAA’s $2.8 billion name, image and likeness settlement shows that women in sports are still fighting for their share — not just of money, but of respect, resources and representation, says Madilynne Lee at Anderson Kill.
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9th Circ. Ruling May Help Pharma Cos. Avert Investor Claims
The Ninth Circuit's recent decision affirming the dismissal of a securities fraud class action alleging that Talphera deceived investors by marketing a drug with a misleading slogan should give plaintiffs pause before filing similar complaints where snappy slogans are accompanied by copious clarifying information, say attorneys at Simpson Thacher.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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What's At Stake In High Court's Ill. Ballot Deadline Case
In Bost v. Illinois State Board of Elections, the U.S. Supreme Court will hear arguments next week on whether and when candidates for office have standing to bring prospective challenges to election laws, raising broader issues about the proper timing of federal court election litigation, say Richard Pildes and Samuel Ozer-Staton at NYU School of Law.
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How Okla. High Court Ruling Will Alter Workers' Comp. Cases
The Oklahoma Supreme Court's recent decision in OBI Holding Company v. Schultz-Butzbach confirms that workers' compensation claims should move through the system without needless delay, which means attorneys on both sides will need to adjust how they handle such claims, says Steven Hanna at Gilson Daub.
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Kimmel 2nd Circ. Victory Holds Novel Copyright Lessons
The Second Circuit's recent decision in Santos v. Kimmel, dismissing a copyright infringement claim against Kimmel for airing Cameo videos recorded by former U.S. Rep George Santos, examines the unusual situation of copyrighted works created at the request of the alleged infringer, say attorneys at Venable.
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2 Rulings Highlight IRS' Uncertain Civil Fraud Penalty Powers
Conflicting decisions from the U.S. Tax Court and the Northern District of Texas that hinge on whether the IRS can administratively assert civil fraud penalties since the U.S. Supreme Court’s 2024 decision in SEC v. Jarkesy provide both opportunities and potential pitfalls for taxpayers, says Michael Landman at Bird Marella.
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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Contract Disputes Recap: Details, Instructions, Obligations
Recent decisions from the Armed Services Board of Contract Appeals and the Civilian Board of Contract Appeals offer critical insights into contractor reliance on government specifications, how instructions can affect a contractor’s dispute rights and how both factor into the larger claims process, says Sarah Barney at Seyfarth.
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Lessons As Joint Employer Suits Shift From Rare To Routine
Joint employer allegations now appear so frequently that employers should treat them as part of the ordinary risk landscape, and several recent decisions demonstrate how fluid the liability doctrine has become, says Thomas O’Connell at Buchalter.
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Utilizing 6th Circ.'s Expanded Internal Investigation Protection
A recent Sixth Circuit decision in In re: FirstEnergy demonstrates one way that businesses can use a very limited showing to protect internal investigations from discovery in commercial litigation, while those looking to force production will need to employ a carefully calibrated approach, say attorneys at Brownstein Hyatt.
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3rd Circ. Clarifies Ch. 11 3rd-Party Liability Scope Post-Purdue
A recent Third Circuit decision that tort claims against the purchaser of a debtor's business belong to the debtor's bankruptcy estate reinvigorates the use of Chapter 11 for the resolution of nondebtor liability in mass tort bankruptcies following last year's U.S. Supreme Court ruling in Purdue Pharma, say attorneys at Sullivan & Cromwell.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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Evaluating The Current State Of Trump's Tariff Deals
As the Trump administration's ambitious tariff effort rolls into its ninth month, and many deals lack the details necessary to provide trade market certainty, attorneys at Adams & Reese examine where things stand.