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Appellate
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October 24, 2025
Judiciary Panel Eyes Rules For Class Cert., Litigation Funding
Federal judiciary advisers set the stage Friday for new and far-reaching rules involving two sets of highly contentious topics: long-simmering demands for greater transparency in third-party litigation funding and calls for closer scrutiny of class action issues, including payouts to class counsel, certification standards and financial perks for plaintiffs.
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October 24, 2025
Inventors Explore Funding, Celebrate Stewart And Newman
Suspended Federal Circuit Judge Pauline Newman and deputy U.S. Patent and Trademark Office Director Coke Morgan Stewart provided encouragement to members of US Inventor Friday as the inventors heard each other's stories, learned the logistics of protecting or losing their patents, and gained tips on financing their litigation.
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October 24, 2025
DC Circ. Wonders If Prosecutor's Bias Suit Was Killed Early
The D.C. Circuit may revive the discrimination claims of an assistant U.S. attorney in Washington who says she was given more work than her white male colleagues, not because the panel took much stock in her claims, but because the lower court improperly quashed them.
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October 24, 2025
Justices' Whistleblower Denial Has Some Attys Fearing A Chill
The U.S. Supreme Court's decision not to take up a whistleblower award calculation appeal has highlighted a long-running concern that whistleblowers could be left out in the cold if the company they expose falls into bankruptcy before they get awards to which they would otherwise be entitled.
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October 24, 2025
Justices Told AI Innovation At Risk From Fed. Circ. Patent Ax
Artificial intelligence company Recentive Analytics Inc. has asked the U.S. Supreme Court to undo the Federal Circuit's invalidation of patents it accuses Fox Corp. of infringing, saying the decision "effectively declared a vast swath of AI and machine-learning innovation as categorically unpatentable," threatening the technology's future.
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October 24, 2025
Calif. Dialysis Bill Violates Free Speech, 9th Circ. Told
Attorneys for healthcare providers, dialysis patients and a charity urged the Ninth Circuit in a Friday hearing to reverse a district court ruling upholding part of a California law capping profits for dialysis providers that donate to a charitable fund that then supports insurance payments for the providers' patients.
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October 24, 2025
Fla. Court Says Freight Broker Must Face Fatal Crash Suit
A Florida appeals court has revived a suit seeking to hold a trucking broker liable for a fatal crash involving a big rig hauling beer for Anheuser-Busch, saying the safety exception of the Federal Aviation Administration Authorization Act applies, so the negligence claim is not preempted by federal law.
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October 24, 2025
Groups Ask Justices To Limit Jurisdiction In Audi Defect Fight
A leading automotive industry group asked the U.S. Supreme Court on Friday to tighten the limits on specific personal jurisdiction over foreign defendants, saying a California state appeals court improperly held that personal injury plaintiffs could haul German auto giant Audi AG to court in California.
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October 24, 2025
Bulgaria Will Fight $71M Energy Award OK At DC Circ.
Bulgaria will ask the D.C. Circuit to review a ruling enforcing a €61 million ($70.9 million) arbitral award issued to a renewable energy investor, in which a D.C. federal judge dismissed its jurisdictional objections as "nothing more than a latinized" version of an argument already rejected by the appeals court.
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October 24, 2025
Mich. Justices Won't Bar Tort Claims For Nonresident Drivers
Michigan's highest court on Friday refused to review a decision finding nonresidents who split their time between Michigan and another state may sue other drivers for pain and suffering damages even if they lack in-state auto insurance.
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October 24, 2025
Man Wins New Rape Trial After Misguided Self-Representation
A man convicted of raping a woman after offering her a ride home in 2018 has won the right to a new trial, arguing that he wasn't made aware of the pitfalls of representing himself and, specifically, the role of standby counsel, a Connecticut appeals court said in an opinion posted Friday.
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October 24, 2025
2nd Circ. Says 'Aged Out' Minor Nixed Man's Removal Relief
The Board of Immigration Appeals rightly denied an Ecuadorian man's plea to stay in the U.S. to prevent hardship to a minor daughter when she turned 21 by the time it issued a decision, a Second Circuit panel ruled Friday.
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October 24, 2025
Justices' Cox Ruling Could Have Domino Effect On AI Cos.
The U.S. Supreme Court is set to hear oral arguments in December in a case over whether internet service providers can be held liable when their customers illegally download copyrighted works, and legal experts say its decision could potentially affect artificial intelligence companies if users of their products create infringing content.
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October 24, 2025
NJ Panel Tosses Sprawling Legal Malpractice, Fraud Suit
A New Jersey state appellate court has backed the permanent dismissal of a developer's legal malpractice and fraud suit against Cooper Levenson April Niedelman & Wagenheim PA and other parties, ruling that the state's entire controversy doctrine, which requires litigants to put all their relevant allegations in a single suit, bars his claims.
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October 24, 2025
11th Circ. Revives Edible Arrangements TM Suit
The Eleventh Circuit reinstated a trademark infringement case brought by Edible Arrangements against 1-800-Flowers on Friday, saying a lower court had improperly granted the latter company a win by finding that its competing conduct was a continuation of practices it had begun before a 2016 settlement agreement between the two parties.
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October 24, 2025
Feds Want Goldstein To Disclose 'Blame Everyone' Defense
The federal government Friday urged a Maryland federal judge to give SCOTUSblog co-founder Tom Goldstein a December deadline to disclose whether he intends to assert at trial that he failed to file tax returns due to legal advice, saying it expects him to "blame everyone other than himself."
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October 24, 2025
Former Judges Tell Justices To Strike Down Trump's Tariffs
Former federal judges and government officials, joined by scholars, economists, businesses and interest groups, told the U.S. Supreme Court this week that President Donald Trump's emergency tariffs should be struck down because the law the president has utilized does not give him power to impose those measures.
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October 24, 2025
DC Circ. Urged To Freeze DOT's Immigrant Truck Driver Rule
Immigrant drivers and unions on Friday asked the D.C. Circuit for an emergency pause on a new U.S. Department of Transportation rule that blocks certain immigrants from driving commercial trucks and buses, denying that these drivers pose safety risks permitting the agency to immediately cut off licensing.
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October 24, 2025
2 Texas Justices Say Qui Tam Constitutionality Needs Review
The Texas Supreme Court has rejected a bid from Novartis Pharmaceuticals Corp. to examine the constitutionality of state law-based qui tam claims, but on Friday two justices submitted a statement saying the court will have to address the issue eventually.
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October 24, 2025
Ill. High Court Rejects Innocence Bid In Vacated Case
The Illinois Supreme Court has ruled that a man whose conviction was vacated under a separate precedential decision from the court is not entitled to a certificate of innocence because he could not prove his innocence on two other unprosecuted charges.
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October 24, 2025
3rd Circ. Revives Nonprofit's Bias Suit Over Permit Denial
The Third Circuit on Friday revived an alcohol and substance abuse recovery nonprofit's disability bias suit against a New Jersey town, reasoning that the district court improperly denied the plaintiff the opportunity to refine its allegations that the municipality denied it a permit based on the nature of its operation.
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October 24, 2025
Ohio, Ky. Reps Again Pursue Bill To Make PTAB Optional
A bipartisan pair of legislators in the U.S. House of Representatives are floating a bill that would give patent owners the ability to extinguish challenges to their intellectual property at the Patent Trial and Appeal Board before they start.
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October 24, 2025
Experian Faces 4th Circ. Fight Over Credit Probe Dispute
The named plaintiff in a proposed class action accusing Experian of not properly reinvestigating credit reports with alleged inaccuracies is appealing a North Carolina federal judge's opinion that dismissed the last vestiges of his complaint, court records show.
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October 24, 2025
Michigan Appellate Court Clears Up Landlord Liability Dispute
A Michigan appellate court ruled that tenants do not need to prove that their landlords were notified of unfit conditions at their units in order to bring claims under a state law requiring property owners to keep premises in reasonable repair.
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October 24, 2025
8th Circ. Again Upholds Block On Iowa Immigration Law
An Eighth Circuit panel backed a federal judge's decision to temporarily block an Iowa law that allowed state officials to arrest and remove previously deported noncitizens, ruling the law likely infringes on the federal government's immigration authorities.
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.