The Third Circuit Thursday appeared skeptical of Caterpillar Inc.'s argument that a lower court's decision to vacate $100 million in damages awarded to a defunct equipment importer should stand, suggesting the heavy equipment maker's argument would foreclose new businesses from ever receiving lost profits.
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TOP NEWS

3rd Circ. Hints At Reviving $100M Verdict Against Caterpillar 

By George Woolston

The Third Circuit Thursday appeared skeptical of Caterpillar Inc.'s argument that a lower court's decision to vacate $100 million in damages awarded to a defunct equipment importer should stand, suggesting the heavy equipment maker's argument would foreclose new businesses from ever receiving lost profits.

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Wash. Judge Grants Amazon Win In Audible Auto-Enroll Suit

By Ben Adlin

A Washington federal judge handed a win to Amazon.com Inc. on Thursday, dismissing a shopper's proposed class action accusing the e-commerce giant and its subsidiary Audible Inc. of deceptively enrolling customers in audiobook service subscriptions.

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'Bye Bye Bye' Choreographer Drops Sony Copyright Claims

By Kelcey Caulder

The artist behind NSYNC's iconic "Bye Bye Bye" choreography has dropped his claims against Sony Music Holdings Inc. over allegations that the company licensed the dance for use in Marvel Studios' 2024 movie "Deadpool & Wolverine" and Epic Games' video game Fortnite without his permission or giving him credit.

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LEGAL ETHICS & MALPRACTICE

McCarter Atty Didn't Bungle $20M NY Deals, Conn. Court Told

By Brian Steele

McCarter & English LLP and a onetime partner did not commit legal malpractice when representing the lenders in $20 million worth of loan deals that fell apart when the borrower defaulted and a municipal obligor refused to pay, a defense expert told a Connecticut state court on Thursday.

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USF Must Pay Fees Over Destroyed Notes In Sex Abuse Suit

By Alex Lawson

A California magistrate judge has ordered the University of San Francisco to pay legal fees stemming from the destruction of its former athletic director's notes in a suit over alleged sexual harassment within the school's baseball program.

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REAL ESTATE & DEVELOPMENT

Colo. Panel Nixes Developer's $1.2M Atty Fee Award

By Rachel Konieczny

Colorado appellate judges held for the first time Thursday that a trial court's order denying a request for attorney fees is not final and appealable until the trial court resolves every party's fee request, siding with a property owners association's bid to reverse a developer's $1.26 million fee award.

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INSURANCE

NC Biz Court Tosses Lot Owners' $1.45M Helene Fee Fight

By Hayley Fowler

The North Carolina Business Court has scrapped a legal challenge over a $1.45 million special assessment levied against property owners in a gated community to cover Hurricane Helene damages, finding the lot owners failed to plead any facts in support of their claims.

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Insurer Says Freight Cos. Blew Coverage Of $59M Judgment

By Gianna Ferrarin

An insurer defending two freight companies as they appeal a $59 million personal injury judgment against them urged a New Jersey federal court to find they aren't owed any coverage because, the insurer alleged, they went behind the insurer's back by working with the injured motorist.

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CONSUMER PROTECTION

9th Circ. Spurns Doxo's Bid To Arbitrate Class Action

By Sydney Price

The Ninth Circuit backed a Washington district court's decision to deny online bill-pay service Doxo Inc.'s bid to arbitrate class claims that it deceived customers by not disclosing fees upfront, saying the company waited too long and litigated too much before pushing for arbitration.

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INTELLECTUAL PROPERTY

Tesla Keeps Part Of Arbitration Award In Battery IP Feud

By Adam Lidgett

A California federal judge has backed part of an arbitration award blocking a Tesla supplier from selling certain electric vehicle battery equipment to anyone other than Tesla, but said the arbitrator needs to take another look at other parts of the injunction.

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MEDIA & ENTERTAINMENT

Promoter Can't Escape Suit Over Drakeo's Backstage Killing

By Craig Clough

A Los Angeles judge held Thursday that a promoter who booked some acts for a concert where rapper Drakeo The Ruler was killed cannot escape a consolidated wrongful death suit brought by the artist's family and associates, ruling his insistence he was not responsible for security at the concert is not enough evidence.

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EMPLOYMENT

5th Circ. Prods Highland-Affiliated Co. On Ex-CEO's 'Privity'

By Spencer Brewer

A Fifth Circuit panel pressed an entity related to Highland Capital to explain why a fraudulent transfer claim against Highland's former CEO should stand following a separate consent judgment, asking when the former chief executive ceased to be "in privity with Highland."

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SECURITIES & WHITE COLLAR

Colombian Entrepreneur Cooked Books To Sell Co., Suit Says

By Sydney Price

Investment advisory firm Christofferson Robb & Co. has sued former Colombian presidential candidate Santiago Botero and several other entities, claiming they participated in a scheme to inflate the financial performance of Botero's failing loan servicing company that benefited the business executive, his family and friends.

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COMPETITION

Sandoz's Patent Loss Blocks Antitrust Suit, 4th Circ. Told

By Bryan Koenig

Retired U.S. Circuit Judge Paul R. Michel is backing Amgen against Sandoz's Fourth Circuit appeal, arguing in an amicus brief that the final say over now-nixed allegations of blocked biosimilar competition to arthritis drug Enbrel came when Amgen successfully sued Sandoz for patent infringement.

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Regeneron Cites Medtronic Ruling In Amgen Bundling Case

By Cara Salvatore

Regeneron has told a Delaware federal judge there is new reason to preserve its $407 million win against Amgen over cholesterol drug bundling after a California federal judge found in an analogous case that the plaintiff need not prove the defendant had monopoly power over every item in a bundle.

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HEALTHCARE & LIFE SCIENCES

$500M Medical Glove Contract Breach Suit Sent To Arbitration

By Bonnie Eslinger

A Malaysia-based distributor must arbitrate its $500 million suit against a medical gloves supplier in a case stemming from a COVID-19 era agreement aimed at supplying nitrile gloves to Walmart for resale, after a New York federal court found an exception to arbitration for intellectual property disputes did not apply to the claims.

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Atty Fights Bid To Ax Health Plan RICO Suit

By Benjamin Morse

An attorney who filed a proposed RICO class action in New York tied to a Federal Trade Commission case alleging a $91 million sham health insurance scheme is fighting a receiver's dismissal and sanctions bid, telling a Florida federal court he never defied its orders.

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CANNABIS

Cookies Retail Led Dispensary Into $1.9M Tax Crisis, Suit Says

By Jonathan Capriel

Six entrepreneurs alleged in a California state court lawsuit that cannabis giant Cookies Retail pushed them out of their dispensary and took control over its bank accounts, leaving the retail shop saddled with nearly $2 million in unpaid taxes.

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EXPERT ANALYSIS

How Reincorporating In Texas May Alter Earnout Disputes

While the DExit debate has focused on shareholder suits, far less attention has been paid to what reincorporating in Texas means for M&A disputes, making it particularly important to understand the nuances between Delaware and Texas earnout jurisprudence, say attorneys at Selendy Gay.

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Looking At Drake's Diss Track Appeal Through An IP Lens

Though Drake's pending Second Circuit appeal over UMG's promotion of Kendrick Lamar's "Not Like Us" is formally about defamation, it shows that IP considerations can help identify records showing how a work traveled, which may guide courts when deciding context, says attorney Abdul Abdullahi.

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How Rated Note Feeders Help Insurers Tap Private Credit

With insurer investments comprising nearly a third of the private credit market, rated note feeders offer insurers a compelling way to access private credit yields through debt instruments by balancing key features of debt investment with the structural and economic profiles of private credit funds, say attorneys at Akin.

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Series

Bass Fishing Makes Me A Better Lawyer

Landing a trophy striped bass and closing a big deal both require cultivating the patience to finesse — not force — your way to desired outcomes, changing course when your old approach isn’t working and learning from the ones that got away, says Jon Ruiss at Alston & Bird.

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LEGAL INDUSTRY

NY Courts Ban 'Smart' Glasses Over Secret Recording Abilities

By Lauren Berg

"Smart" glasses containing cameras and other recording devices will be banned from all state courts in New York beginning later this month, making it the apparent first in the nation to implement a statewide blanket ban on the wearable technology.

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Ex-Associate Says Jackson Lewis Pushed Her Out After Leave

By MJ Koo

A former associate attorney who was on the partnership track at Jackson Lewis PC has brought suit against the employment law firm in California state court, alleging that it refused to accommodate her temporary medical restrictions after she returned from leave and pressured her to accept a demotion or resign.

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Woodward Running DOJ Antitrust Division Alarms Observers

By Bryan Koenig

When Associate Attorney General Stanley E. Woodward Jr. quietly took over direct oversight late last month of the U.S. Department of Justice's Antitrust Division, there was no formal announcement, no White House action or U.S. Senate consultation, and little to signal what lies ahead.

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Arizona Atty Faces Possible Sanctions Over Bogus Quotes

By Emily Sawicki

An Arizona federal judge is mulling fee sanctions against an attorney found to have included erroneous quotations in a brief she filed in her client's employment discrimination case, amid what he called her history of "improper litigation conduct" in the pending matter and previous cases.

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Photographers Group Rebuts Judiciary On Court Cameras

By Courtney Bublé

The National Press Photographers Association pushed back on the federal judiciary's claims that allowing cameras in courtrooms would be problematic.

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Chicago US Atty Faces Ill. Judge For Discussing Sealed Case

By Lauraann Wood

Chicago's U.S. attorney stood silent for nearly 30 minutes Thursday as an Illinois magistrate judge sternly criticized him for publicly discussing a gang-related kidnapping case before it was officially unsealed, though she stopped short of finding his conduct constituted a deliberate violation of court orders.

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Ex-Wis. Judge Appeals Conviction In ICE Obstruction Case

By Ganesh Setty

A former Wisconsin state judge convicted of obstructing immigration authorities trying to arrest a defendant after he appeared in her courtroom lodged an appeal before the Seventh Circuit on Thursday, after avoiding a prison sentence but being fined $5,000.

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Grassley Claims Smith's Team Mishandled Classified Docs

By Jack Karp

Individuals working in then-special counsel Jack Smith's office may have mishandled classified information while investigating President Donald Trump, according to messages obtained by the Senate Judiciary Committee, committee Chair Sen. Chuck Grassley has told the U.S. Department of Justice.

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Attys Win $2.5M Fee Award After $63K Native Bias Verdict

By Joyce Hanson

A South Dakota hotel must pay an Indigenous advocacy group about $2.5 million in attorney fees following a trial jury's $63,191 verdict in a civil rights case claiming the business discriminated against Native American tribe members based on race, a federal judge has ruled.

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LAW FIRMS IN TODAY'S NEWS

Advisors LLC

Ahmad Zavitsanos

Akin Gump

Alexander Morrison & Fehr

Alston & Bird

Cotchett Pitre

Cozen O'Connor

Crawford Wishnew

Davis Miles PLLC

Dentons

Dowd Scheffel

FeganScott

Fenwick & West

Finn Dixon

Fish & Richardson

Forbes Law Group

Frederick M. Lehrer Attorney at Law

GableGotwals

Gibson Dunn

Gimbel Reilly

Gordon Rees

HWG LLP

Harris Beach Murtha

Himmelstein Gribben

Jackson Lewis PC

James McElroy & Diehl

Jenner & Block

John Pierce Law

Jones Day

Kasowitz LLP

Keller Rohrback

Kirkland & Ellis

Lieff Cabraser

McAngus Goudelock

McCarter & English

Morrison & Foerster

Munger Tolles

Orrick Herrington

Paul Weiss

Reese LLP

Reichman Jorgensen

Robins Kaplan

Selendy Gay

Silver Golub

Singh Singh

Sperling Kenny

Strang Bradley

Strickland Debrow

The Cochran Firm

Tousley Brain

Tripp Scott

Weil Gotshal

White & Case

Wiggin & Dana

Womble Bond

Young Conaway

COMPANIES IN TODAY'S NEWS

Aetna Inc.

Amazon.com Inc.

Amgen Inc.

Amicus

Andreessen Horowitz LLC

Ansell Ltd.

Apple Inc.

Applied Medical Resources Corp.

Audible Inc.

Banc of California Inc.

C3 Presents LLC

Caterpillar Inc.

Chevron Corp.

Coinbase Global Inc.

Connecticut Bar Association

Council for Innovation Promotion

Egan-Jones Ratings Co.

Epic Games Inc.

EssilorLuxottica

Fortis Advisors LLC

Fox Corp.

Hewlett Packard Enterprise Co.

IMDb.com Inc.

Instagram Inc.

International Federation of the Phonographic Industry

Investments Ltd.

Johnson & Johnson

Live Nation Entertainment Inc.

MTV Networks Co.

Magellan Financial & Insurance Services

Marriott International Inc.

Marvel Entertainment LLC

Matthews International Corp.

Medtronic PLC

MetLife Inc.

Meta Platforms Inc.

Morgan Stanley

National Association of Insurance Commissioners

National Collegiate Athletic Association

Netflix Inc.

Norfolk Southern Corp.

Prudential Financial Inc.

ROC Nation LLC

Regeneron Pharmaceuticals Inc.

Sabine Oil & Gas Corp.

Sandoz International GmbH

Sony Music Entertainment Inc.

Tesla Inc.

TikTok Inc.

TransUnion LLC

Walmart Inc.

Warner Bros. Entertainment Inc.

YouTube Inc.

Ring Power Corp.

GOVERNMENT AGENCIES IN TODAY'S NEWS

California Department of Tax and Fee Administration

Delaware Court of Chancery

Executive Office of the President

Federal Emergency Management Agency

Federal Trade Commission

Food and Drug Administration

Illinois Supreme Court

Judicial Conference of the United States

Los Angeles Superior Court

New Jersey Supreme Court

Small Business Administration

Texas Legislature

Texas Supreme Court

U.S. Attorney's Office for the Eastern District of Wisconsin

U.S. Attorney's Office for the Northern District of Illinois

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Justice

U.S. District Court for the Central District of California

U.S. District Court for the District of Arizona

U.S. District Court for the District of Delaware

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of New York

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Georgia

U.S. District Court for the Northern District of Illinois

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Washington

U.S. Immigration and Customs Enforcement

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United States District Court for the District of South Dakota

United States District Court for the Eastern District of Wisconsin