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Appellate
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June 30, 2025
High Court Takes Up $1B Copyright Fight Over ISPs' Liability
The U.S. Supreme Court on Monday granted a petition for certiorari from Cox Communications Inc. that asked the justices to review a Fourth Circuit's conclusion that telecom companies can be liable for copyright infringement for providing an internet connection that leads to music piracy online.
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June 30, 2025
High Court To Hear Fight Over Investment Fund Suits
The U.S. Supreme Court on Monday agreed to hear a case that could limit the ability of private parties to assert contract violations against investment funds, with one activist investor accusing several closed-end funds of shutting it out of its voting rights.
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June 30, 2025
Justices Take On Enbridge Pipeline Remand Fight
The U.S. Supreme Court on Monday agreed to review a Sixth Circuit decision that found Enbridge Energy LP missed a statutory deadline to transfer to federal court a lawsuit from Michigan's attorney general seeking to shut down one of the company's pipelines.
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June 27, 2025
Paxton Names Morgan Lewis Partner Texas Solicitor General
Morgan Lewis & Bockius LLP partner William Peterson will serve as Texas' new solicitor general while the state's outgoing solicitor general, Aaron Nielson, will head to the University of Texas School of Law as a tenured professor, Texas Attorney General Ken Paxton announced Friday.
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June 27, 2025
Texas Justices OK Methodist Church's Suit Against SMU
The Texas Supreme Court found the United Methodist Church has the right to sue Southern Methodist University over its attempted split, but in a Friday opinion drew short of saying the university filed false paperwork as part of the breakup.
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June 27, 2025
Logging Co. Cleared In $73M Trial Over Firefighter's Death
A jury cleared R&T Logging of Oregon Inc. of liability Friday in a $73 million trial over the death of a firefighter and EMT in an accident in which an employee of the logging company's trucking partner was driving drunk.
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June 27, 2025
Texas Justices Say Paxton Can Keep Jan. 6 Records
The Texas Supreme Court found that Attorney General Ken Paxton does not have to cough up his communications during and after the Jan. 6, 2021, insurrection at the U.S. Capitol, saying in a Friday opinion only the state's high court may issue orders compelling executive officers to certain actions.
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June 27, 2025
Ga. Panel Says Court's Tech Glitch Shouldn't Kill Appeal
The Georgia Court of Appeals on Friday revived a tenant's appeal of an eviction action, saying the trial court wrongly dismissed the matter when it failed to explain why evidence of a delay caused by the court's electronic filing system did not save the appeal.
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June 27, 2025
Ill. High Court Says State Handgun Laws Comply With Bruen
A split Illinois Supreme Court on Friday ruled that the state's requirement that handgun owners maintain both a concealed weapon permit and a separate Firearm Owner's Identification Card is legal and not preempted by a recent decision by the U.S. Supreme Court.
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June 27, 2025
Fed Circ. Passes On VA, Veteran Dispute Over GI Bill Benefits
A three-judge Federal Circuit panel said it lacked jurisdiction to step into an ongoing GI Bill dispute as a long-serving veteran challenges an education benefits denial that purportedly flies in the face of a U.S. Supreme Court decision handed down last year.
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June 27, 2025
NY Man Wins New Trial Over Jury Instruction Issue
A man who was convicted of criminal weapons possession for firing a gun on a Brooklyn street was granted a new trial by the New York state appeals court, which found a trial court hadn't explained to the jury that it was sometimes legal to snatch a gun in self-defense.
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June 27, 2025
DC Circ. Backs NLRB Ruling In GWU Hospital Bargaining Case
The D.C. Circuit on Friday upheld a National Labor Relations Board ruling finding George Washington University Hospital bargained in bad faith with a Service Employees International Union local, saying evidence supported the board's conclusion that the hospital did not expect its proposals to lead to an agreement.
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June 27, 2025
6th Circ. Vacates Class Cert. In GM Transmission Defect Suit
The full Sixth Circuit on Friday unraveled class certification for drivers claiming General Motors LLC sold vehicles with defective transmissions that caused the cars to shudder and shake on the road.
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June 27, 2025
2nd Circ. Mulls Arguments In NY Atty Grievance Privacy Suit
A Second Circuit panel has questioned whether a pathway exists to limit the scope of "presumptive public access" to attorney grievance documents in New York, as the panel considers the state's appeal of a federal district court ruling that would make records related to attorney misconduct cases public.
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June 27, 2025
Groups Quickly Switch Tactics In Birthright Citizenship Cases
Just hours after the U.S. Supreme Court limited federal judges' ability to issue nationwide injunctions Friday, groups challenging the constitutionality of President Donald Trump's birthright citizenship executive order fired off a volley of new lawsuits, switching their legal actions to class action complaints.
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June 27, 2025
Del. Supreme Court Upholds Ruling In $5.5M Earnout Dispute
Delaware's highest court offered no long goodbye Friday to data management venture STX Business Solutions LLC's appeal for a revival of buyer breach claims in a suit dismissed by the Court of Chancery in October.
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June 27, 2025
NC Appeals Court Urged To Back Firing Of General Counsel
North Carolina's body of independent administrative law judges is urging the state appeals court to reject its former general counsel's bid to revive his claims that his politics got him fired, arguing that his position is exempt from certain workplace protections.
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June 27, 2025
Fed. Circ. Upholds Win For Lyft On Vehicle Monitoring Patents
The Federal Circuit said it won't undo Lyft's lower court win in litigation where it was accused of infringing a pair of Quartz Auto Technologies LLC patents, rejecting arguments that a judge misinterpreted the patent claims.
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June 27, 2025
Pregnancy Loss Draws Police Scrutiny Following Dobbs
The nation's abortion debate has played out in civil courtrooms and state capitols across the country since the overturning of Roe v. Wade three years ago. But the battle is also emerging in another arena: the criminal courts.
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June 27, 2025
How States Are Rethinking Life Without Parole For Youth
A wave of recent state high court rulings, including a landmark decision in Michigan in April, has curtailed the use of mandatory life without parole for defendants under 21, citing evolving standards of decency and brain science. Hundreds of incarcerated individuals in Michigan are now eligible for resentencing, but the reforms face resistance from prosecutors, victims’ rights advocates, and dissenting justices who warn of consequences for public safety and judicial overreach.
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June 27, 2025
7th Circ. Says Union Backed Worker Who Claimed Bias
The Seventh Circuit on Friday affirmed a decision dismissing a Black elevator mechanic's claims that his union mishandled his firing challenge, saying the union treated him fairly by winning his case despite his qualms with its strategy.
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June 27, 2025
Full 5th Circ. To Hear Planned Parenthood Atty Immunity Row
The full Fifth Circuit will rehear a panel's decision concluding that Planned Parenthood is entitled to attorney immunity in a whistleblower suit accusing the organization of improperly billing Medicaid programs.
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June 27, 2025
Colo. Appeals Court Clarifies Meaning Of Molotov Cocktail
A Colorado state appeals court has ruled for the first time on the interpretation of state laws around explosives and incendiary devices, stating that lawmakers "intended 'explosive' to carry the same meaning as 'incendiary device.'"
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June 27, 2025
Telecom Co. Says Justices' Opinion Blocks India Argument
Deutsche Telekom AG has asked the D.C. Circuit to reconsider India's argument about its right to due process following a recent U.S. Supreme Court decision about personal jurisdiction and the Foreign Sovereign Immunities Act, saying another high court decision directly answers the country's question.
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June 27, 2025
Texas Justices Give Uri MDL Plaintiffs Chance To Replead
The Texas Supreme Court on Friday said that thousands of plaintiffs in a multidistrict litigation stemming from winter storm Uri in 2021 could replead their gross negligence claims against transmission and distribution utility providers, giving them a chance to revive their long-running dispute over the crippling winter storm.
Expert Analysis
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools
Amid multiple recent civil complaints alleging antitrust violations by providers and users of algorithmic pricing tools, such as RealPage and Yardi, digital-era measures should feature prominently in corporate compliance programs, including documentation of pro-competitive benefits and when to use disclosures, say attorneys at Morgan Lewis.
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Opinion
In Vape Case, Justices Must Focus On Agencies' Results
With the U.S. Supreme Court's ruling in U.S. Food and Drug Administration v. Wages and White Lion Investments having put off the question of whether agency decisions arrived at erroneously are always invalid, the court should give the results of agency actions more weight than the reasoning behind them when it revisits this case, says Jonathan Sheffield at Loyola University Chicago School of Law.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Takeaways From Alaska Justices' Pollution Exclusion Ruling
A recent Alaska Supreme Court ruling that a total pollution exclusion in a homeowners policy didn't bar coverage for carbon monoxide poisoning shows that even when policy language appears unambiguous on its face, courts can still consider the reasonable expectations of an insured to determine applicability, say attorneys at Hunton.
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What's At Stake As 9th Circ. Eyes Cultural Resource Damages
In Pakootas v. Teck Cominco, the Ninth Circuit is faced with the long-unresolved question of whether cultural resource damages are recoverable as part of natural resource damages under the Superfund law — and the answer will have enormous implications for companies, natural resource trustees and Native American tribes, says Sarah Bell at Farella Braun.
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Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration
The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.
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Bid Protest Spotlight: Instructions, Price Evaluation, Standing
In this month's bid protest roundup, Caitlin Crujido at MoFo looks at three recent decisions that consider a contractor's attempt to circumvent unambiguous solicitation instructions, the fairness of an agency's price evaluation and whether a protestor that would be unable to perform even if sucessful has standing.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Defense Strategies After Justices' Personal Injury RICO Ruling
In Medical Marijuana v. Horn, the U.S. Supreme Court recently held that the Racketeer Influenced and Corrupt Organizations Act can be invoked by some plaintiffs with claims arising from personal injuries — but defense counsel can use the limitations on civil RICO claims to seek early dismissal in such cases, say attorneys at Debevoise.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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Opinion
The SEC Must Protect Its Best Tool For Discovering Fraud
By eliminating the consolidated audit trail's collection of most retail customer information, the U.S. Securities and Exchange Commission may squander a once-in-a-generation opportunity to deter securities market fraud and abuse, something new Chair Paul Atkins must ensure doesn't happen, says former SEC data strategist Hugh Beck.
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Series
Florida Banking Brief: All The Notable Legal Updates In Q1
The first quarter of 2025 saw the Trump administration's crypto-forward approach permeate the banking industry, including Florida banking institutions, and a Fourth District Court of Appeal decision provide a new precedent for borrower/lender standing, say attorneys at Kozyak Tropin.
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Meta Case Brings Customer-Facing Statements Issue To Fore
Now that Facebook v. Amalgamated Bank has returned to California federal court after the U.S. Supreme Court in November found it improvidently granted certiorari, it will be worth watching whether customer-facing communications, such as Facebook's privacy policies, are found to be made in connection with the sale of a security, says Samuel Groner at Fried Frank.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.