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Appellate
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October 17, 2025
Texas Appeals Court Revives Yelp Abortion Notice Suit
The statewide Texas appeals court revived Texas' claims that Yelp misled customers about crisis pregnancy centers' limited services, finding that a lower court got it wrong by tossing the suit for lack of personal jurisdiction.
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October 17, 2025
Fla. Panel Urged To Revive Defamation Suit Over Peacock Doc
A woman alleging she was falsely portrayed by a Peacock docuseries character as a pimp and sex worker urged a Florida appeals court Friday to revive her defamation lawsuit against the network, arguing her case should go before a jury.
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October 17, 2025
NC Justices Curb Agency Deference In Prof's Firing Case
Courts in North Carolina are bound by a "constitutional command" to review legal questions anew rather than defer to agency interpretation, the North Carolina Supreme Court ruled Friday in a case from an ex-professor alleging his free speech rights were violated when he was fired.
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October 17, 2025
Pa. Court Voids $1.75M Judgment, Affirms Insurer's Bad Faith
The Pennsylvania Superior Court affirmed Friday that Erie Insurance Exchange acted in bad faith when it withheld payment from its insured following arbitration over a claim for underinsured motorist benefits, but vacated a $1.75 million judgment against the insurer based on improper calculations of attorney fees and interest.
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October 17, 2025
1st Circ. Axes Claims For Unpaid Hurricane Maria Work
The First Circuit has told a Puerto Rico federal court to throw out a payroll company's claims against a contractor for allegedly failing to pay $1.4 million in labor costs for rebuilding projects after Hurricane Maria swept through the island.
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October 17, 2025
Ex-SEC Officials Support Activist Investor Before High Court
Two former U.S. Securities and Exchange Commission members are among those calling on the U.S. Supreme Court to uphold the ability of investors to sue funds over contracts that violate federal securities laws, saying that the SEC does not have the resources to go after every alleged wrongdoer.
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October 17, 2025
11th Circ. Ruling Could Unravel Strict ERISA Exhaustion Rule
A recent Eleventh Circuit decision opens up a route for overturning the appellate court's strictest-in-the-nation precedent requiring administrative exhaustion of all claims brought under the Employee Retirement Income Security Act, attorneys say, given that two judges in a panel concurrence advocated for such action following en banc review.
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October 17, 2025
Texas Appeals Court Clears River Authority Of Flood Claim
A Texas appeals court found that the San Jacinto River Authority had governmental immunity when it decided to release water from its Lake Conroe reservoir during a hurricane, saying it took a good faith action even though the decision damaged some properties.
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October 17, 2025
3rd Circ. Says No Duty To Inform Criminal Clients Of Liability
The Third Circuit in a precedential ruling Friday declined to apply immigration precedent concerning counsel's obligation to advise their criminal defendant clients about deportation risks associated with prosecutions to the civil setting, holding that the standard applies only in highly specific circumstances.
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October 17, 2025
Fed. Circ. Reopens Grid Construction Contract Fight
The Federal Circuit on Friday again revived a company's long-running lawsuit over the termination of its contract to build an electrical substation serving a federally owned portion of the grid, saying a lower court wrongly dismissed the case.
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October 17, 2025
3rd Circ. Won't Rethink IRS Collections For Preparer Fraud
The Third Circuit declined Friday to reconsider a panel decision allowing the IRS to pursue a woman's unpaid taxes more than 20 years later — well after the normal three-year deadline — because her return preparer committed fraud on her filings without her knowledge.
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October 17, 2025
Green Biz Group Says Enbridge Exaggerating Pipeline Stakes
An environmental advocacy group made up of Great Lakes businesses told the U.S. Supreme Court on Friday that Enbridge Energy LP and its supporters are overstating claims that shutting down a Michigan segment of one of its petroleum pipelines will threaten energy security.
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October 17, 2025
Georgia Justices Affirm Stormwater Charge Is Fee, Not Tax
A stormwater utility charge levied by a local government in Georgia is a fee, not a tax, the state Supreme Court said, upholding a trial court's finding that the charge did not violate the state constitution's uniformity provision on property taxation.
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October 17, 2025
Idaho Asks Justices To Reject Mootness In Trans Ban Case
The state of Idaho has again encouraged the U.S. Supreme Court to proceed with its review of whether the state's ban on transgender women in sports is unconstitutional after a lower court earlier this week rejected the plaintiff's efforts to voluntarily dismiss the suit.
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October 17, 2025
Man Arrested In Mistaken ID Case Can Sue, 11th Circ. Says
A Florida police officer cannot escape a lawsuit alleging the officer violated the Fourth Amendment when he entered a home without a warrant and then tasered and arrested the father of a suspect in a case of mistaken identity, the Eleventh Circuit has ruled, while remanding related claims for further review.
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October 17, 2025
Federal Courts To Scale Back Operations Amid Shutdown
The federal court system has run out of money and will scale back operations beginning Monday as a result of the ongoing government shutdown, possibly leading to case delays.
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October 17, 2025
Fed. Circ. Backs Noninfringement Ruling In Fence Patent Case
The Federal Circuit on Friday wouldn't revive an Ohio-based outdoor product company's lawsuit accusing a Texas rival of infringing various fencing patents, finding nothing was wrong with the way the lower court interpreted key terminology in the patent.
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October 17, 2025
MGA Fights New Trial On Damages In Doll TM Case
Toy maker MGA Entertainment wants to appeal a California federal judge's decision calling for a new jury trial to consider whether to award punitive damages to hip-hop moguls Clifford "T.I." Harris and Tameka "Tiny" Harris over a line of dolls called L.O.L. Surprise O.M.G.
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October 17, 2025
NC Justices Say Doctor Can't Appeal Dismissal Denial
The North Carolina Supreme Court on Friday denied a doctor and hospital's attempt to reverse an appeals court order upholding the denial of their requests to dismiss a malpractice suit, saying they did not have the right to appeal the denial in the first place.
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October 17, 2025
11th Circ. Says Adjusters May Be Insurance Cos.' Employees
A jury could reasonably find that a pair of insurance companies employed three insurance adjusters, the Eleventh Circuit ruled, flipping an Alabama district court's findings that the workers were independent contractors.
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October 17, 2025
NY Court Orders Hearing On Counsel Conflict In Drug Case
A man who pled guilty to gun and drug charges and was sentenced to 12 years in prison can argue for a new trial due to ineffective counsel after a similarly culpable co-defendant got a light sentence allegedly due to cooperation between their attorneys, a New York state appeals court said in a reversal.
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October 17, 2025
9th Circ. Upholds Nigerian's Asylum Denial For Marriage Fraud
An immigration judge reasonably denied a Nigerian man's application for asylum after finding him not credible based on a prior marriage fraud admission, a Ninth Circuit panel ruled.
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October 16, 2025
Bannon Tells Justices Legal Advice Dooms Contempt Rap
A lawyer's advice to Steve Bannon not to respond to a congressional subpoena over the Jan. 6 insurrection means he couldn't have "willfully" flouted the subpoena and negates his conviction, the onetime Trump adviser has told the U.S. Supreme Court.
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October 16, 2025
Protests Aren't Rebellions Justifying The Guard, 7th Circ. Says
The Seventh Circuit elaborated Thursday on its reasoning for denying the Trump administration's request to stay a ruling blocking the deployment of National Guard troops to Chicago, noting that "spirited, sustained and occasionally violent actions" of protest demonstrators, without more, don't constitute a "rebellion" that would justify deploying the Guard.
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October 16, 2025
Farmers Urge Wash. Justices To Void Fuel Exemption Regs
A Washington Supreme Court justice suggested Thursday that the state's framework for an exemption under its greenhouse gas "cap-and-invest" program has fallen short of lawmakers' express goal of ensuring farmers have access to surcharge-free fuel for agricultural purposes.
Expert Analysis
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With Obligor Ruling, Ohio Justices Calm Lending Waters
A recent decision by the Ohio Supreme Court, affirming a fundamental principle that lenders have no duty to disclose material risks to obligors, provides clarity for commercial lending practices in Ohio and beyond, and offers a reminder of the risks presented by guarantee arrangements, says Carrie Brosius at Vorys.
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'Solicit' Ruling Offers Proxy Advisers Compliance Relief
The D.C. Circuit recently found that proxy voting advice does not fall under the legal definition of "solicitation," significantly narrowing the U.S. Securities and Exchange Commission's regulatory power over such advisers, offering stability to the proxy advisory industry and providing temporary relief from new compliance burdens, say attorneys at Sheppard Mullin.
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7th Circ. FLSA Notice Test Adds Flexibility, Raises Questions
In Richards v. Eli Lilly, the Seventh Circuit created a new approach for district courts to determine whether to issue notice to opt-in plaintiffs in Fair Labor Standards Act collective actions, but its road map leaves many unanswered questions, says Rebecca Ojserkis at Cohen Milstein.
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How 2nd Circ. Cannabis Ruling Upends NY Licensing
A recent Second Circuit decision in Variscite NY Four v. New York, holding that New York's extra-priority cannabis licensing preference for applicants with in-state marijuana convictions violates the dormant commerce clause, underscores that state-legal cannabis markets remain subject to the same constitutional constraints as other economic markets, say attorneys at Harris Beach.
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Parenting Skills That Can Help Lawyers Thrive Professionally
As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.
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Enablement Standard Insights From Fed. Circ. Agilent Ruling
The Federal Circuit's recent enablement standard decision in Agilent v. Synthego underscores three critical takeaways for patent practitioners, including reaffirmation that the enablement inquiry under Section 102 of the Patent Act is distinct from the inquiry under Section 112, say attorneys at MoFo.
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Class Actions At The Circuit Courts: September Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven decisions pertaining to attorney fees in class action settlements, the predominance requirement in automobile insurance cases, how the no mootness exception applies if the named plaintiff is potentially subject to a strong individual defense, and more.
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Series
Teaching Trial Advocacy Makes Us Better Lawyers
Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.
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The Crucial Question Left Unanswered In EpicentRx Decision
The California Supreme Court recently issued its long-awaited decision in EpicentRx Inc. v. Superior Court, resolving a dispute regarding the enforceability of forum selection clauses, but the question remains whether private companies can trust that courts will continue to consistently enforce forum selection clauses in corporate charters, says John Yow at Yow PC.
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5 Key Steps To Prepare For Oral Arguments
Whether presenting oral arguments before the U.S. Supreme Court or a local county judge, effective preparation includes the same essential ingredients, from organizing arguments in blocks to maximizing the potential of mock exercises, says Allison Rocker at Baker McKenzie.
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Maryland High Court Ruling Clarifies Claim Assignment
In its recent opinion in Featherfall Restoration, the Maryland Supreme Court reemphasized a policyholder's ability to assign a claim despite the presence of general liability policy language requiring an insurer's written consent, nevertheless highlighting the importance of specific wording, say attorneys at Bradley Arant.
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Why EpicentRx Ruling Is A Major Win For Business Certainty
The California Supreme Court's recent decision in EpicentRx v. Superior Court removes a significant source of uncertainty that plagued commercial litigation in California by clarifying that forum selection clauses shouldn't be invalidated solely because the selected forum lacks the right to a jury trial, say attorneys at Clark Hill.
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9th Circ. Finding That NFTs Are Goods Will Change TM Law
The Ninth Circuit's recent ruling in Yuga Labs v. Ripps establishes that NFTs have real, commercial value under U.S. federal trademark law, a new legal precedent that may significantly influence intellectual property enforcement and marketplace policies regarding digital assets going forward, say attorneys at Wilson Elser.
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Series
Adapting To Private Practice: From Texas AUSA To BigLaw
As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.
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Union Interference Lessons From 5th Circ. Apple Ruling
The Fifth Circuit's recent holding that Apple did not violate the National Labor Relations Act during a store's union organizing drive provides guidance on what constitutes coercive interrogation and clarifies how consistently enforced workplace policies may be applied to union literature, say attorneys at Proskauer.