President Donald Trump overstepped the constitutional bounds of his power when he ordered National Guard members to Portland to address a "manufactured crisis," the Pacific Northwest city told an Oregon federal judge on Wednesday at the start of a bench trial to determine whether the deployment passes legal muster.
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TOP NEWS

Portland National Guard Deployment Bench Trial Begins In Ore.

By Rachel Riley

President Donald Trump overstepped the constitutional bounds of his power when he ordered National Guard members to Portland to address a "manufactured crisis," the Pacific Northwest city told an Oregon federal judge on Wednesday at the start of a bench trial to determine whether the deployment passes legal muster.

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Wash. Judges Probe Starbucks Shareholders' Labor Claims

By Ben Adlin

Washington state appellate judges on Wednesday pushed shareholders suing Starbucks Corp. leaders to identify exactly where in their lawsuit they claimed the coffee retailer intentionally turned a blind eye to alleged union-busting efforts by store managers.

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DOJ Subpoena Called 'Pressure' To Ax Gender-Affirming Care

By Lauren Berg

The U.S. Department of Justice issued a subpoena to intimidate a telehealth organization into ending gender-affirming medical care, a Seattle federal judge said in a ruling that found the agency is using the guise of an investigation to further the Trump administration's stated goal of eliminating transgender and gender-diverse patients' access to healthcare.

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Climate Change Heat Death Suit Returns To Wash. State Court

By Emily Field

A Washington federal judge on Tuesday sided with the Seattle-area family of a woman who died during a 2021 heat wave, sending their first-of-its-kind wrongful death suit against oil and gas giants like Exxon back to state court.

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ZoomInfo Must Face Investors' Accounting Fraud Suit

By Jessica Corso

A Washington federal judge is allowing investors in software provider ZoomInfo Technologies Inc. to move forward with claims that the company acted to conceal post-pandemic customer losses, but threw out allegations against controlling shareholders that the judge said lacked a factual basis.

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'Smart Drugs' Amphetamine Suit Moves Forward Minus Execs

By Mike Curley

A Washington federal judge declined to trim claims from a former army nurse's suit alleging that Thesis "smart drugs" contained amphetamines without warning consumers, while dismissing her claims against two executives for the company.

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BP Unit Sued Over Wash. Refinery's 'Noxious Odor' Emissions

By Gina Kim

BP Products North America was hit with a proposed negligence class action in Washington federal court on Tuesday, alleging it emitted noxious odors from its oil refinery that damaged nearby properties, forcing some residents to retreat to Airbnb homes for temporary relief from the foul smells.

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ENFORCEMENT

Ex-Army Sgt. Gets 4 Years For Giving China Military Secrets

By Bonnie Eslinger

A former U.S. Army sergeant who provided classified information to China has been sentenced by a Washington federal judge to four years in prison, the U.S. Department of Justice announced.

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DOJ Says State AGs Can't 'Second-Guess' HPE Merger Deal

By Bryan Koenig

The U.S. Department of Justice and Hewlett Packard Enterprise separately urged a California federal judge Tuesday not to let a dozen state attorneys general peek behind the controversial settlement clearing HPE's $14 billion purchase of Juniper Networks, arguing public comment, not direct intervention, is their appropriate role.

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NINTH CIRCUIT

Full 9th Circ. To Rehear Portland National Guard Challenge

By Craig Clough

The full Ninth Circuit court will reconsider last week's panel ruling that was poised to allow the Trump administration to federalize and deploy National Guard troops to Portland, Oregon, according to an order issued Tuesday by Chief U.S. Circuit Judge Mary Helen Murguia.

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9th Circ. Upholds Insurer's Win Over Retaining Wall Failure

By Ganesh Setty

The Ninth Circuit upheld a Washington federal court's no-coverage decision over a contractor's $2.66 million settlement relating to faulty retaining walls it constructed, agreeing Wednesday that a "sudden and accidental" exception in an "impaired property" exclusion did not apply to reinstate coverage for one wall that had failed.

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9th Circ. Urged To Revive Kratom Extract Action

By Sam Reisman

A group of consumers urged the Ninth Circuit on Tuesday to reverse the dismissal of their action against companies that marketed an alkaloid derivative of the kratom leaf they allege is as addictive as opioids.

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EXPERT ANALYSIS

How A 9th Circ. False Ad Ruling Could Shift Class Certification

The Ninth Circuit's July decision in Noohi v. Johnson & Johnson, holding that unexecuted damages models may suffice for purposes of class certification, has the potential to create judicial inefficiencies and crippling uncertainties for class action defendants, say attorneys at Alston & Bird.

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Series

The Biz Court Digest: Texas, One Year In

A year after the Texas Business Court's first decision, it's clear that Texas didn't just copy Delaware and instead built something uniquely its own, combining specialization with constitutional accountability and creating a model that looks forward without losing touch with the state's democratic and statutory roots, says Chris Bankler at Jackson Walker.

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Series

Law School's Missed Lessons: Educating Your Community

Nearly two decades prosecuting scammers and elder fraud taught me that proactively educating the public about the risks they face and the rights they possess is essential to building trust within our communities, empowering otherwise vulnerable citizens and preventing wrongdoers from gaining a foothold, says Roger Handberg at GrayRobinson.

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LEGAL INDUSTRY

Meet The Judge Hearing Comey's, James' US Atty Challenges

By Jack Karp

The South Carolina federal judge who will consider former FBI Director James Comey's and New York Attorney General Letitia James' challenges to the authority of the interim U.S. attorney who brought separate criminal charges against them is known for her rigorous preparation and exacting standards.

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Comey Wins Bid For Judge Oversight In Privilege Dispute

By Jared Foretek

A Virginia federal judge has appointed U.S. Magistrate Judge William E. Fitzpatrick to preside over the privilege review of seized materials in the U.S. Department of Justice's case against former FBI Director James Comey, denying the DOJ's proposal for an outside "filter team" of government attorneys to conduct the review themselves.

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NJ Attys Punch Up Governor's Race With Campaign Funds

By Jake Maher

New Jersey's legal community has donated more than $900,000 to the gubernatorial candidates this election, with the Democrat surpassing the Republican in contributions, campaign finance records show.

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Habba Cites Essayli Ruling To Defend Role In NJ Cases

By Carla Baranauckas

The U.S. Department of Justice has urged the Third Circuit to reinstate Alina Habba's authority in two criminal prosecutions, arguing a recent California ruling backs her power to supervise cases as first assistant, even if she's barred from acting as U.S. attorney for the District of New Jersey under federal vacancy law.

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Sidley's 'Incomplete' Story Hid Fraud Scheme, Family Says

By Chart Riggall

A family alleging they were roped into an illegal tax sheltering scheme on the advice of a former Sidley Austin LLP attorney have urged a Georgia federal judge to keep their suit against the firm alive, arguing that a jury should decide when the family knew enough about the fraud to move forward with their claims.

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Copyright Rules For AI Creations Too Strict, IP Panel Says

By Ivan Moreno

The U.S. Copyright Office's rule barring registration of works created entirely by artificial intelligence systems may be overly strict and unlikely to endure, according to a panel of legal experts who discussed the matter Wednesday at the American Intellectual Property Law Association's annual conference in D.C.

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Judges Say Judicial Freedom Key To Maintaining Rule Of Law

By Rachel Konieczny

Colorado state and federal judges provided a glimpse Wednesday into how courts decide cases when facing current challenges to the rule of law, agreeing that judicial independence is paramount to maintaining the heart of the United States' legal system.

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4 Things To Know About Fla. Bar Admissions Reform Ideas

By Madison Arnold

A work group has issued its final report on possible changes to bar exam admission requirements in Florida, proposing 12 potential alternatives to the current system of requiring graduates to come from law schools accredited by the American Bar Association.

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LAW FIRMS IN TODAY'S NEWS

Alston & Bird

Archer & Greiner

Arete Law Group

Arnold & Porter

BatesCarey

Bernstein Shur

Beveridge & Diamond

Brooks & Warner

Bursor & Fisher

Byrnes Keller

Caplan Cobb

Carmichael Ellis

Cooley LLP

Cowan DeBaets

Debevoise & Plimpton

Freshfields

Gibbons PC

Gibson Dunn

Gordon Thomas Honeywell

GrayRobinson

Greenberg Traurig

Griffin Humphries

Jackson Walker LLP

K&L Gates

Krovatin Nau

Labaton Keller

Liddle Sheets

Lowell & Associates

Lynch Carpenter

Manning Gross

McCarter & English

Millard & Bragg

Munger Tolles

Murphy Ball Stratton

Orrick Herrington

Paul Weiss

Perkins Coie

Robinson Gray

Scott&Scott

Sidley Austin

Sills Cummis

Skadden Arps

Sperling Kenny

Stoel Rives

Tousley Brain

VF Law

Vander Stoep

Venable LLP

Wilson Sonsini

COMPANIES IN TODAY'S NEWS

Airbnb Inc.

American Bar Association

American Intellectual Property Law Association

BP PLC

Boston Children's Hospital

Bragg

Chevron Corp.

Comcast Corp.

Democratic National Committee

Energy Transfer LP

Equifax Inc.

Exxon Mobil Corp.

George Washington University

Google LLC

Hewlett Packard Enterprise Co.

Honeywell International Inc.

Juniper Networks Inc.

New Jersey State Bar Association

Ohio Public Employees Retirement System

Outliers Inc.

Rowan University

Seton Hall University

Shell PLC

Spectrum Management Holding Co.

Starbucks Corp.

State Bar of California

State Teachers Retirement System of Ohio

TA Associates Management LP

The Carlyle Group Inc.

The Florida Bar

The Walt Disney Co.

Walmart Inc.

ZoomInfo Technologies Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Commonwealth of Massachusetts

Federal Bureau of Investigation

Florida Supreme Court

Food and Drug Administration

Internal Revenue Service

National Labor Relations Board

New Jersey Election Law Enforcement Commission

New York Attorney General's Office

Ohio Attorney General's Office

Oregon Attorney General's Office

San Francisco International Airport

Texas Judicial Branch

Texas Legislature

Texas State Senate

Texas Supreme Court

U.S. Army

U.S. Attorney's Office for the District of New Jersey

U.S. Attorney's Office for the Western District of Washington

U.S. Copyright Office

U.S. Court of Appeals for the Eighth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Third Circuit

U.S. Department of Defense

U.S. Department of Education

U.S. Department of Justice

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

U.S. District Court for the District of Columbia

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

U.S. District Court for the District of Oregon

U.S. District Court for the District of South Carolina

U.S. District Court for the Eastern District of Virginia

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

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 Western District of Washington

U.S. Immigration and Customs Enforcement

U.S. Securities and Exchange Commission

U.S. Supreme Court

United States District Court for the District of Colorado