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Appellate
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May 13, 2025
Menendez 'Laptop Problem' May Not Sway 2nd Circ. On Bail
The Second Circuit pushed back Tuesday on arguments by two New Jersey businessmen convicted of bribing former Sen. Bob Menendez, D-N.J., after they asked for bail pending the outcome of their appeals, with the men pointing to a laptop used by jurors that contained excluded evidence.
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May 13, 2025
NFL Benefits Plan Throws Flag On Atty Fee Award To Player
Former NFL player Michael Cloud should never have been awarded attorney fees by a Texas federal judge after a "complete loss" on appeal of his suit over disability benefits, the National Football League's retirement plan has told the Fifth Circuit.
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May 13, 2025
Justice Souter: Who He Was And How He Shaped The Law
Retired Justice David Souter died last week at age 85. Here, Law360 looks at the former U.S. Supreme Court justice's legacy — not just through his legal work, but in his mentoring of clerks and friendships with peers.
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May 13, 2025
5th Circ. Says Gaps In Testimony Doom Deepwater Suit
The Fifth Circuit has affirmed the exclusion of expert testimony in a worker's toxic tort suit against BP Exploration & Production Inc. over cancer he says he developed after cleaning up the 2010 Deepwater Horizon spill, saying there are "fatal analytical flaws" in the expert's opinion and upholding a win for the oil company.
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May 12, 2025
W.Va. High Court Declines 4th Circ. Request For Opioid Input
The West Virginia Supreme Court of Appeals on Monday declined the Fourth Circuit's request to answer whether the state's public nuisance law applies to the distribution of opioids, saying disputed facts in litigation between local governments and drug distribution companies must first be resolved.
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May 12, 2025
Pa. Mental Health Rejection Suits Could Rise, Atty Says
The Pennsylvania Supreme Court's recent decision to greenlight a suit accusing two hospitals of negligently rejecting a man seeking mental health treatment who later murdered his girlfriend could spark a rise in such lawsuits, one attorney warned.
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May 12, 2025
Fed. Circ. Erases MIT, Broad CRISPR Win In Conception Fight
The Nobel Prize-winning scientists who lost their interference proceeding on a key use of the gene-editing technology CRISPR persuaded the Federal Circuit on Monday to give them another chance, with the court providing clarity on how to analyze conception.
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May 12, 2025
Amazon Cites FTC Take On Online Shopping Law In Prime Suit
Amazon has asked a federal court to either allow it to present evidence of the Federal Trade Commission's statements about the clarity of the Restore Online Shoppers' Confidence Act or permit it to bring the matter to the Ninth Circuit, arguing the issue must be resolved sooner rather than later.
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May 12, 2025
Fla. Panel Says Evidence In DUI Case Was Legally Obtained
A Florida federal judge wrongly applied the probable cause standard to suppress evidence from a DUI investigation of a woman initially pulled over for a traffic stop for driving in two lanes simultaneously, an appellate court said Friday, ruling the police officer's reasonable suspicion was enough to justify the traffic stop.
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May 12, 2025
Judge Blocks Oak Flat Land Transfer Until High Court Review
A federal judge has temporarily blocked the federal government from transferring an ancient Arizona Apache worship site to a copper mining company until the U.S. Supreme Court rules on the dispute, saying there is no question that the tribes would suffer irreparable harm should the move proceed.
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May 12, 2025
DC Circ. Has 'Duty To Intervene' To Protect CFPB, Union Says
A union representing employees of the Consumer Financial Protection Bureau has urged the D.C. Circuit to keep in place a lower court injunction barring the agency from stopping work and firing staff, asserting ahead of oral arguments this week that the Trump administration is trying to "place the executive branch above the law."
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May 12, 2025
Fla. Court Orders Hearing On Ineffective Counsel Claims
A Florida state appeals court has ruled that a lower court must hold a hearing to assess evidence put forward by a man who claims ineffective counsel led him to be found guilty of a second-degree firearm offense and sentenced to 30 years in prison.
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May 12, 2025
Boeing Execs Say Cert. Appeal Warrants Stay Of 737 Max Suit
Boeing executives have argued state pension fund litigation accusing them of putting profits over safety should be paused while the Fourth Circuit reviews the certification of a class of investors who are accusing the company and its leaders of making false statements about the 737 Max.
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May 12, 2025
Leon Black's Subpoena Suits Unsealed In Apollo Founder Row
A New York state judge Monday revealed details in former Apollo Global Management CEO Leon Black's ongoing arbitration battle with co-founder-turned-nemesis Josh Harris, as the court unsealed three related subpoena enforcement suits.
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May 12, 2025
No One Can Challenge Rehab Permit Deal, Conn. Tells Court
No one is aggrieved by a Connecticut agency settlement that granted a conditional approval to the operator of a substance abuse treatment facility, so no one can challenge it in court, the state attorney general's office argued Monday before the Connecticut Supreme Court.
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May 12, 2025
9th Circ. Asks Wash. Justices About Fake Discount CPA Suit
The Ninth Circuit has called on Washington state's highest court to clarify whether a shopper who claims she purchased leggings from clothing retailer Aéropostale based on an alleged fake discounting scheme has suffered harm covered by the state Consumer Protection Act.
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May 12, 2025
Ohio AG Will Ask 6th Circ. To Revive Social Media Age Limit
Ohio Attorney General Dave Yost announced Monday that he is appealing a federal court decision blocking the state's law barring social media companies from allowing children under 16 to create accounts without parental consent.
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May 12, 2025
Colo. Justices Undo DA's DQ From Judicial Stalking Case
The Colorado Supreme Court on Monday said a lower court erred in disqualifying a district attorney's office from prosecuting criminal claims against someone accused of stalking a trial court judge, finding the office's alleged conflicts of interest amounted to routine actions amid the normal course of business.
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May 12, 2025
9th Circ. Questions Vegas Casino Room Rate Claims
A skeptical Ninth Circuit panel had questions Monday for guests accusing Las Vegas casino-hotel operators of using the same software to inflate room rates about what they need to show for their algorithmic pricing claims to survive.
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May 12, 2025
Unions Tell Justices To Protect Privacy In Social Security Case
Two unions and an advocacy group argued Monday that there's no need for the U.S. Supreme Court to make it easier for the Department of Government Efficiency to access the Social Security Administration's data on millions of Americans, claiming requiring the supposed fraud-busting team to follow protocol doesn't constitute an emergency.
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May 12, 2025
Insurer Must Pay Part Of $2M Construction Defect Settlement
A Minnesota state appellate court on Monday upheld a lower court's ruling that found an insurer must cover over $170,000 of a $2 million settlement between a marina and a contractor over alleged construction defects.
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May 12, 2025
Judiciary To Face House Members With $9.4B Budget Request
Top judiciary officials will make the case this week that they need $9.4 billion in discretionary spending for fiscal 2026, a 9.3% increase over fiscal 2025, in order to rectify past funding shortfalls and meet increasing challenges with judicial threats, among other things.
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May 12, 2025
Alcoa Retirees, Unions Tell Judge Not To Halt Benefits Order
A group of retirees and unions asked an Indiana federal judge not to pause his order requiring Alcoa USA Corp. to reinstate lifetime healthcare benefits, arguing the company isn't likely to win at the Seventh Circuit and delaying the district court's decision harms elderly class members.
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May 12, 2025
Music Labels Ask Justices To Uphold ISP's Copyright Liability
The nation's major record labels are urging the U.S. Supreme Court not to take up a petition from an internet service provider asking whether internet service providers can face "massive liability" for user copyright infringement, telling the justices that no circuit split on the question exists.
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May 12, 2025
Justice Souter Left His Mark On Arbitration, Too
Although former U.S. Supreme Court Justice David Souter, who died Thursday at the age of 85, was not known for his arbitration-related opinions, those that he wrote on the topic left a mark on the practice area that is still felt today.
Expert Analysis
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Looking Back At 2024's Noteworthy State AG Litigation
State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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The Compliance Trends And Imperatives On Tap In 2025
The corporate ethics and compliance landscape is rapidly evolving, posing challenges from conflicting stakeholder expectations to technological disruptions, and businesses will need to explore human-centered, data-driven and evidence-based practices, says Hui Chen at CDE Advisors.
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Opinion
Congress Should Finally Add Clarity To Section 101
With both the U.S. House of Representatives and Senate introducing bills to provide guidance on what qualifies as patentable subject matter under the Patent Act, Congress will hopefully put an end at last to 10 years of uncertainty surrounding the question, says David Carstens at Carstens Allen.
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5 Advertising Law Trends To Watch In 2025
Although advertisers are encouraged by the incoming Trump administration's focus on deregulation, this year could feel like wading through uncharted waters, and decreased federal government regulation may mean increased state regulation, say attorneys at Reed Smith.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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NY Plastic Pollution Verdict May Not Bode Well For Other Suits
The dismissal of New York state's public nuisance complaint against PepsiCo over pollution of the Buffalo River with the company's single use plastic bottles may not augur well for similar lawsuits filed by Baltimore and Los Angeles County, although tort law varies from state to state, say attorneys at Winston & Strawn.
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What To Expect From Federal Cybersecurity Policy In 2025
There are 12 cyber policy questions to keep an eye on as the new administration and Republican control of Congress present an opportunity to advance less regulatory approaches and revisit some choices from the prior administration, say attorneys at Wiley.
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Bid Protest Spotlight: Certification, Lateness, SBA Eligibility
In this month's bid protest roundup, Cody Fisher at MoFo examines three recent decisions from the U.S. Court of Appeals for the Federal Circuit and the U.S. Government Accountability Office that address the treatment of a proposal that was timely submitted but received late, and highlight nuances of certification and small business eligibility requirements.
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How Decline Of Deference Will Affect Trump Policymaking
An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.
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Series
Ohio Banking Brief: All The Notable Legal Updates In Q4
Ohio's banking and financial services sector saw several significant developments in the fourth quarter of 2024, including a landmark Uniform Commercial Code ruling, adjustments to the state's Homebuyer Plus Program and the launch of the state's first women-led bank, says attorney Alex Durst.
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6 Predictions For Cyber Risk And Insurance In 2025
This year is likely to bring with it some thorny and expensive cyber challenges, including increased ransomware activity, more data breach class actions and continued efforts to define business interruption loss calculations, say attorneys at Wiley.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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Opinion
Courts Must Curb The Drug Price Negotiation Program
The Inflation Reduction Act's drug price negotiation program upends incentive structures that drive medical innovation, and courts must act appropriately to avoid devastating consequences for American healthcare and the pharmaceutical industry, says Jeff Stier at the Consumer Choice Center.