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Appellate
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September 26, 2025
Agents Seek Stay In Fatal Ariz. Shooting Amid 9th Circ. Appeal
The federal government and three U.S. Customs and Border Patrol agents are asking an Arizona federal court to pause a lawsuit alleging the agents wrongfully shot and killed a Tohono O'odham Nation man until the Ninth Circuit weighs in on whether they are immune from the claims.
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September 26, 2025
Fla. Urges 11th Circ. To Remand Snap Inc. Suit To State Court
The Florida Office of the Attorney General urged the Eleventh Circuit to undo an order blocking enforcement of a law that requires Snap Inc. to limit teens' access to the platform, arguing the case belongs in state court.
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September 26, 2025
DC Circ. Won't Stop FDA From Approving Entresto Generic
The D.C. Circuit on Friday shot down Novartis' attempt to block the U.S. Food and Drug Administration's approval of a generic version of its most lucrative drug, the heart disease medication Entresto.
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September 26, 2025
2nd Circ. Urged To Rethink Afghan Central Bank Ruling
Victims of two terrorist attacks have called on the en banc Second Circuit to reconsider a panel's August decision rejecting their attempts to secure blocked funds held by the central bank of Afghanistan, arguing the panel ignored U.S. Supreme Court and Second Circuit precedents.
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September 26, 2025
Off The Bench: NCAA Mostly Beats Trans Suit, Faces Another
In this week's Off The Bench, the NCAA beat the majority of claims over its former transgender policy, but faced a new lawsuit in New York, along with the State University of New York, stemming from its current ban of transgender athletes competing in women's sports.
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September 26, 2025
Clinic Defends Legal Malpractice Suit Over Ex-Eagle's Case
A Philadelphia judge should overrule a law firm's attempts to fight malpractice claims tied to a professional negligence case brought by onetime Philadelphia Eagles safety Chris Maragos over his care following a knee injury, a medical clinic has argued, telling the court that the firm's objections are legally barred.
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September 26, 2025
Court Agrees To Venue Transfer In Worker Death Suit
A Pennsylvania appeals court has agreed with a Philadelphia County trial court that a suit against Hanover Foods Corp. over the death of a worker who fell into a bean hopper properly belongs in York County.
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September 26, 2025
Judge Won't Halt EPA's $3B Climate Grant Cuts During Appeal
A Washington, D.C., federal judge denied conservation groups' and local governments' effort to stop the U.S. Environmental Protection Agency from ending a $3 billion climate grant program while they appeal the dismissal of their lawsuit.
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September 26, 2025
9th Circ. Halts Vegas Newspaper Ruling For High Court Appeal
The Ninth Circuit has stayed its ruling that a long-standing arrangement between the Las Vegas Sun and the Las Vegas Review-Journal is unlawful while the Sun appeals to the U.S. Supreme Court to preserve the pact.
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September 26, 2025
Mich. High Court To Revisit Wrongful Death Tolling Rule
The Michigan Supreme Court said on Friday it would weigh whether a required notice period for medical malpractice claims extends the time wrongful death plaintiffs may wait to sue, revisiting a question it decided in 2004.
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September 26, 2025
DC Circ. Revives FCA Suit Against US Cellular
U.S. Cellular Corp. must face a lawsuit from two whistleblowers alleging it used a sham business to fraudulently obtain discounted spectrum licenses through Federal Communications Commission auctions, a D.C. Circuit panel ruled Friday in overturning a lower court.
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September 26, 2025
High Court Pauses Distribution Of $4B Foreign Aid
The U.S. Supreme Court ruled Friday that the Trump administration can hold onto $4 billion in frozen foreign aid funding while Congress considers a proposal to cut it, pausing a lower court order that required the federal government to spend the money before the end of the month.
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September 26, 2025
Calif. Justices Approve Changes To Bar Exam Oversight Rule
The California Supreme Court has approved amendments to the state rules of court, in part to clarify oversight of the California bar exam in the wake of a botched administration in February.
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September 26, 2025
Texas High Court Won't Redo Med Mal Nonprofit Liability Case
The Texas Supreme Court said Friday it won't disturb its May ruling that nonprofit health organizations can be sued for the alleged medical malpractice of one of their physician employees.
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September 26, 2025
Texas Justices To Review Atty Fee Dispute Over Criminal Case
The Texas Supreme Court on Friday agreed to wade into a fees dispute between a law firm and its former client in a criminal matter, with the high court's review likely to touch on the scope of a 30-year-old doctrine concerning the ability of criminal defendants to sue their defense lawyers after being convicted.
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September 26, 2025
Oregon Urges 9th Circ. To Revive Cannabis Labor Peace Law
Oregon officials urged the Ninth Circuit on Thursday to reverse a lower federal judge's decision that blocked enforcement of a voter-approved law requiring licensed cannabis businesses to enter into labor peace pacts with their workers.
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September 26, 2025
Justices Urged To Review Suit Over Mich. City Tenant Info Law
Real estate companies have pressed the U.S. Supreme Court to review a Sixth Circuit decision upholding the dismissal of a constitutional contract claim in their suit against a Michigan city over a law requiring commercial landlords to provide prospective tenant information in order to obtain a license to rent to them.
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September 26, 2025
Calif. Fights Biz Groups' Bid To Halt Climate Disclosure Rules
California asked the Ninth Circuit to reject business groups' effort to halt two new state climate regulations requiring large companies to publicly disclose their greenhouse gas emissions and climate-related financial risks.
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September 26, 2025
4th Circ. Says NC Man's Abuse Of Trust Justifies Sentence
The Fourth Circuit on Friday affirmed a North Carolina man's 33-month sentence for engineering an investment fraud scheme in which he pretended to be a successful day trader, finding he had abused his position of trust sufficient to support a sentencing enhancement.
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September 26, 2025
Oysters Not Covered By Drug Forfeiture Law, Court Rules
Massachusetts' intermediate appellate court on Friday found that the commonwealth may not apply the same forfeiture laws used for seized drugs to 1,600 wild oysters, though it nonetheless upheld the taking of the allegedly ill-gotten mollusks.
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September 25, 2025
Justice Thomas Says High Court Precedent Isn't 'Gospel'
U.S. Supreme Court Justice Clarence Thomas said Thursday that he doesn't view the high court's prior rulings as "the gospel," and that any precedent that doesn't respect the U.S. Constitution or the country's legal traditions is ripe for reconsideration.
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September 25, 2025
Standing Questions Loom In Mozambique LNG Loan Dispute
The requirements for organizational standing dominated much of Thursday's oral argument over the Export-Import Bank of the United States' decision to back a massive liquefied natural gas project in Mozambique, as the challengers sought a preliminary injunction that could hinge on recent standing rulings from the D.C. Circuit and U.S. Supreme Court.
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September 25, 2025
Ex-Highland CEO Tells High Court Judge's Novels Show Bias
The founder and president of hedge fund Highland Capital Management has asked the U.S. Supreme Court to weigh in on a bankruptcy judge's refusal to recuse herself from proceedings involving the company after she published two novels that he says contain veiled commentary about the case.
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September 25, 2025
Pa. Justices Say Child Arbitration Invalid Despite Parents' OK
The Pennsylvania Supreme Court ruled Thursday that parents signing waivers at attractions like trampoline parks cannot bind their children or spouses to arbitration, in twin injury suits seeking to hold Sky Zone liable for two minors' injuries.
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September 25, 2025
CashCall Urges Justices To Overturn $134M CFPB Award
CashCall is asking the U.S. Supreme Court to overturn a Ninth Circuit order that left the loan company on the hook for $134 million in restitution to the Consumer Financial Protection Bureau, despite the firm's insistence that conflicting precedent deprived it of its right to a jury trial.
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.