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Appellate
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August 27, 2025
Ex-Software Co. Execs' Win Upheld In Retirement Plan Fight
The Eleventh Circuit has ruled software company NCR Corp.'s "top hat" retirement plans didn't allow the company to issue lump-sum payments to plan participants as alternatives to promised life annuities, affirming former company executives' win in the contract breach suit alleging they were shortchanged payouts from the plans.
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August 27, 2025
Negligence Suit Over Arrest On Stale Warrant Gets New Life
A Fourth Circuit panel Wednesday vacated a South Carolina county clerk's summary judgment win against allegations that her negligence resulted in a man being arrested twice over the same unpaid child support dispute, kicking the case back to trial court for new proceedings.
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August 27, 2025
7th Circ. Denies Alcoa's Bid To Stay Health Benefits Injunction
An aluminum manufacturer must comply with an injunction ordering it to reinstate union-represented retirees' healthcare benefits while it argues in court that it was allowed to transition them to health reimbursement accounts in 2021, the Seventh Circuit held, rejecting the company's request for the court to pause the injunction.
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August 27, 2025
Investors Push 4th Circ. To Revive Auto Parts Fraud Suit
Investors who accused Advanced Auto Parts and its top brass of misleading them about the failure of a new pricing strategy and purposefully inflating the impact of price reductions have urged the Fourth Circuit to revive their suit, arguing that they can't downplay the allegedly false accounting as insignificant, among other things.
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August 27, 2025
Millionaire Dating Site Wins Privacy Arbitration Bid At 9th Circ.
The Ninth Circuit has ruled that an Illinois man must arbitrate his claims that a dating service for millionaires unlawfully stored its users' "face templates," saying in an unpublished opinion that a California federal court did not look at the totality of the circumstances concerning the dating website's service agreement.
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August 27, 2025
Fla. Appeals Court Affirms FDOT's Win In Easement Spat
A Florida appeals court on Wednesday found that a Miami property owner failed to show proof of an easement that would grant her access to a parcel of land owned by the Florida Department of Transportation, affirming a win for the agency.
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August 27, 2025
Widower Says Justices Need Not Hear Freight Broker Case
A widower has told the U.S. Supreme Court that the Sixth Circuit correctly determined federal law doesn't shield an Ohio-based freight broker from state-based negligence and personal injury claims over a 2019 accident that killed his wife.
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August 27, 2025
6th Circ. Says Hospital Waived Arbitration In Pronoun Dispute
The Sixth Circuit reversed an order Wednesday allowing a University of Michigan hospital to arbitrate an ex-worker's suit claiming she was fired out of religious bias for refusing to use preferred pronouns for certain LGBTQ patients, ruling the institution waited too long to invoke an arbitration pact.
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August 27, 2025
FTC Calls Judge 'Fundamentally Mistaken' On Media Matters
The Federal Trade Commission sought emergency intervention Tuesday from the D.C. Circuit against a district court judge it said improperly blocked an investigation into left-leaning Media Matters for America, even though the FTC contends probe targets cannot preemptively challenge subpoenas and here, there was nothing retaliatory about it as Media Matters alleged.
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August 27, 2025
Ga. Justices Back Income Approach For Low-Income Housing
County tax assessors in Georgia may use a method known as the income approach to determine the fair market value of properties that qualify for federal low-income housing tax credits, the state Supreme Court ruled, reversing an appeals court finding.
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August 27, 2025
Widow Wasn't Forced Into Sewage Settlement, 4th Circ. Told
The city of Charlotte, North Carolina, told the Fourth Circuit it did not pressure a widow to settle her property damage claims stemming from a sewage backup in her home, saying she was represented by a lawyer and was in good mental and physical health when she accepted the deal.
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August 27, 2025
CoStar Says Copyright Claims Against CREXi Can't Wait
CoStar Group Inc. told a California federal court that Commercial Real Estate Exchange Inc. is continuing to use its copyrighted images and urged the court not to put its infringement claims on hold for the rival listing platform's "makeweight" antitrust counterclaims.
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August 27, 2025
DC Judicial Vacancy Crisis Could Be Easing Soon
The White House is in the process of finalizing some judicial nominees for the vacancy-plagued Washington, D.C., local courts, an issue that has been highlighted by the federal government's takeover of D.C. law enforcement and the surge of National Guard troops to the nation's capital.
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August 27, 2025
2nd Circ.: Brooklyn Mom Can't Sue Over Fabricated Confession
A Brooklyn mother's bid to pursue damages against federal agents she says fabricated a confession that she took sexual photos of her daughter was nixed Wednesday by the Second Circuit, which ruled she has no cause of action.
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August 27, 2025
10th Circ. Revives Cannabis User's Gun Possession Charge
The Tenth Circuit on Tuesday reversed a lower court's decision finding that a law banning marijuana users from owning guns was unconstitutional, saying that more facts were needed to determine whether the Second Amendment was infringed in this particular case.
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August 27, 2025
Scholars Tell High Court To Back Conversion Therapy Ban
A group of health law experts told the U.S. Supreme Court that Colorado's conversion therapy ban doesn't violate healthcare providers' First Amendment rights, arguing that the law is consistent with states' and the federal government's ability to regulate healthcare.
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August 27, 2025
DOJ Seeks To Expedite Appeal Over NJ US Atty Role Dispute
The U.S. Department of Justice asked the Third Circuit to expedite its appeal of a Pennsylvania federal judge's ruling disqualifying acting U.S. Attorney Alina Habba from overseeing two criminal cases, emphasizing the critical questions about her authority under federal law and the fact that the dispute has delayed multiple pending trials.
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August 27, 2025
NJ Panel Backs Co.'s Single-Family Subdivision Project
A New Jersey appellate court on Wednesday backed a lower court order that vacated a township planning board's rejection of an application for a subdivision project with nine single-family lots.
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August 27, 2025
DC Circ. Upholds Conviction In Tinted Windows Gun Case
The D.C. Circuit has ruled that evidence from a police stop cannot be suppressed in a criminal trial after police ordered the driver of his car to lower his heavily tinted car windows and discovered a firearm in the passenger seat.
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August 27, 2025
Fla. Court Says Hotel Not Liable For $1M Grassy Median Injury
A Florida appellate court reversed a $1 million judgment awarded to a woman who sustained an injury after taking a shortcut across a median instead of using the sidewalk, saying the hotel where the incident occurred should not be held liable.
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August 27, 2025
7th Circ. Backs Ill. Teacher's Firing Over Facebook Posts
The Seventh Circuit has held that an Illinois public school teacher's First Amendment rights weren't violated when she was terminated for "inflammatory" Facebook posts she made during protests following the police killing of George Floyd, saying the school district's interest in addressing the disruption her posts caused outweighed her free speech interests.
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August 27, 2025
Jailed Pastor Cites Adams Dismissal In Bid To Beat Charges
A clergyman serving a nine-year sentence for fraud cited his ties to New York City Mayor Eric Adams on Wednesday in a bid to have his conviction overturned in the wake of the Trump administration's dismissal of the charges against Adams.
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August 27, 2025
Years In Solitary Isn't Criminal Punishment, Mich. Court Says
An inmate who spent more than three years in solitary confinement after stabbing a corrections officer in the head could still receive an additional sentence for the attack since his years of isolation were not a criminal punishment, but a civil one, a Michigan state appeals court has found.
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August 27, 2025
Iowa Vape Group Asks 8th Circ. To Keep E-Cig Law On Ice
A group of vape sellers and buyers are urging the Eighth Circuit not to overturn an order blocking enforcement of an Iowa law requiring that e-cigarettes go through U.S. Food and Drug Administration authorization to be sold in the state, saying the trial court correctly found that the law is preempted.
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August 26, 2025
9th Circ. Won't Revive Website Wiretap Suit Against Microsoft
The Ninth Circuit Tuesday affirmed the dismissal of a proposed class action accusing Microsoft Corp. of providing a pet supply website with "session replay" technology that illegally captured visitors' browsing activities, finding that the plaintiff had failed to show how this alleged conduct caused concrete harm.
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.