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Appellate
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October 08, 2025
Chiquita Victims Urge 11th Circ. To Revive Claims Over Killings
Family members of victims of paramilitary violence in Colombia asked the Eleventh Circuit Wednesday to revive their claims against Chiquita Brands International Inc. executives, arguing they had provided enough information to show the killings were committed "under color of law" as required by the Torture Victim Protection Act.
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October 08, 2025
Mich. Justice Unsure Gov. Exempt From 1-Year Claim Deadline
Michigan's chief justice said Wednesday she was "struggling" with an immigration legal assistance group's contention that a one-year notice deadline for claims against the state doesn't apply to suits against the governor.
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October 08, 2025
Immigration Judges Can Reject Stipulations, BIA Rules
The Board of Immigration Appeals has backed an immigration judge's decision to reject an agreement between the U.S. Department of Homeland Security and a Honduran transgender woman seeking to avoid deportation, holding that judges are free to accept or reject such agreements.
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October 08, 2025
Welder Asks Fla. High Court To Revive Whistleblower Claims
A welder mechanic asked the Florida Supreme Court on Wednesday to revive his whistleblower retaliation claims against his former employer, Gulf Power Co., arguing that state law requires only that he reasonably believed a violation of law or regulation occurred, not that he have to prove an actual violation.
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October 08, 2025
FirstEnergy Investors Seek Clarity On 6th Circ. Privilege Order
FirstEnergy investors asked the Sixth Circuit Wednesday to clarify a recent ruling blocking them from accessing internal investigation documents in a lawsuit over a $1 billion bribery scandal, arguing that the company is holding up depositions due to its misreading of the court's opinion.
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October 08, 2025
3rd Circ. Upholds Ruling In Debt Collector's Trade Secrets Suit
A Third Circuit let stand a ruling that work passwords are not trade secrets and that the Computer Fraud and Abuse Act is inapplicable to workplace policy violations in an appeal from a debt collection company suing two former employees.
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October 08, 2025
3rd Time's The Charm? The Tax Court's Odyssey In Medtronic
A U.S. Tax Court judge has been sent back to the drawing board once again in the long-running transfer pricing litigation brought by Medtronic, raising questions about how much weight the court must give to IRS transfer pricing regulations and how much authority it has to go its own way.
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October 08, 2025
5th Circ. Says Some NOLA Rental Rules Are Unconstitutional
A Fifth Circuit panel partially revived a proposed class action filed by homeowners and two companies challenging New Orleans' short-term rentals regulations, ruling in a published opinion that some of the regulations are unconstitutional.
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October 08, 2025
The Legal Advocacy Behind Fan Fiction's Biggest Site
A nonprofit that appears on the docket as a friend of the court in some of the most important copyright cases at the U.S. Supreme Court and federal appeals courts is also responsible for running one of the largest fan fiction sites on the internet.
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October 08, 2025
High Court Open To Allowing USPS 'Campaign Of Terror' Suit
The U.S. Supreme Court appeared likely Wednesday to let a Texas woman pursue claims that U.S. Postal Service workers engaged in an alleged "racially motivated harassment campaign," with several justices doubting that a federal tort law immunized the service from being held liable for intentional delivery failures.
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October 08, 2025
Mich. Justices Weigh Axing Slip-And-Fall Visitor Categories
A Michigan Supreme Court justice said Wednesday she is "troubled" by a longstanding practice that calls for different standards of care for different types of property visitors in slip-and-fall cases, asking why volunteers and those coming to do business should be treated differently, as the court considers a pair of cases that could upend decades-old precedent.
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October 08, 2025
11th Circ. Urged To Keep Ga.'s E-Commerce Regs On Ice
Internet trade group NetChoice urged the Eleventh Circuit Wednesday to leave in place an injunction that for more than a year has kept Georgia from enforcing new requirements on e-commerce platforms, arguing the state's law tries to push past a regulatory "ceiling" already imposed by federal law.
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October 08, 2025
7th Circ. Backs DePaul In Ex-Instructor's Race Bias Suit
The Seventh Circuit on Wednesday upheld DePaul University's win over a former religious studies instructor's suit claiming he wasn't rehired because he's Arab American, finding he couldn't overcome the school's explanation that he was let go because of allegations he'd sexually assaulted a student.
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October 08, 2025
Trump Admin Cites Shutdown In Bid For CFPB Case Delay
Amid growing calls for the full D.C. Circuit to revisit a recent panel ruling that would allow mass layoffs at the Consumer Financial Protection Bureau, the Trump administration is asking for a pause in the case until after the government shutdown is over.
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October 08, 2025
Power Cos. Want In On Challenge To W.Va. Regional Haze Plan
American Electric Power Co. Inc. and FirstEnergy Corp. subsidiaries are asking the Fourth Circuit to uphold a federally approved air quality plan for West Virginia that spared their facilities from some potentially expensive upgrades.
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October 08, 2025
NBA Video Privacy Law Review Premature, Plaintiff Tells Justices
A website user urged the U.S. Supreme Court not to weigh in on the Second Circuit's decision last year that revived his lawsuit accusing the NBA of illegally sharing his viewing activity with Meta, arguing that the suit's second dismissal this week and his planned appeal "might complicate the court's review."
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October 08, 2025
Justices Probe Standing In Suit Over Ill. Ballot Counting
The U.S. Supreme Court on Wednesday appeared open to reviving an Illinois congressman's suit challenging the state's policy of counting certain ballots after Election Day, with several justices pressing counsel for the state to address whether its position would require courts to analyze a candidate's potential success in an election to determine their standing to sue.
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October 08, 2025
Ind. Justices Toss Tax Challenge Over Homestead's Scope
Indiana homeowners who claim that the 1-acre limit for the state's reduced homestead tax rate is unconstitutional failed to show that property beyond that limit is used as part of their primary residence, which undercuts their case, the state Supreme Court ruled Wednesday.
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October 08, 2025
Army Finds Support At Fed. Circ. In Fight Over COVID Delays
A Federal Circuit judge appeared skeptical that the U.S. Army Corps of Engineers should compensate a contractor for fees incurred during the 2020 COVID-19 shutdown, saying it likely falls under protected government activity.
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October 08, 2025
State Farm Unit Needn't Pay For $2.5M Assault Judgment
A State Farm unit has no obligation to pay a $2.5 million judgment entered against a homeowners insurance policyholder after he attacked his housemate, a California state appeals court affirmed, finding that the victim's injuries were not the result of an accident for purposes of the policy.
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October 08, 2025
3rd Circ. Clarifies Good Conduct Credits For Prison Terms
In a precedential ruling Wednesday, the Third Circuit clarified how good conduct credits for inmates serving time can be applied, finding that the credit of 54 days per year can be prorated to 28 days for the last six months of a man's 17-and-a-half-year sentence.
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October 08, 2025
NJ US Atty Appointment Was 'Shell Game,' 3rd Circ. Told
Two New Jersey criminal defendants this week blasted the Trump administration's attempt to name Alina Habba as U.S. attorney for the state after her interim term ended, telling the Third Circuit that the government's plan was a "shell game."
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October 08, 2025
2nd Circ. Skeptical Of Reviving NY Teamsters Pension Suit
The Second Circuit appeared unlikely Wednesday to revive a New York Teamsters worker's proposed class action alleging mismanagement by the caretakers of his multiemployer pension plan, as multiple judges seemed to doubt that the complaint contained enough evidence of a deficient process to manage fees and investments.
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October 08, 2025
Conn. High Court OKs DNA Taken From Trash Sans Warrant
In a decision setting standards for privacy, Connecticut's highest court upheld the conviction of a man sentenced to 72 years in prison for a series of 1984 home invasion sexual assaults, finding that police were allowed to take his trash to obtain DNA without a warrant.
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October 08, 2025
Black NC Voters Take Redistricting Case To 4th Circ. Again
Two Black voters have urged the Fourth Circuit to hear as soon as possible their case alleging the North Carolina General Assembly unlawfully redrew state senate districts in a way that diluted the voting power of Black residents.
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.