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Appellate
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December 23, 2025
NJ Atty Disciplined For Leaving Client Claims In 'Limbo'
The New Jersey Supreme Court last week reprimanded an attorney who left clients in "limbo" for years over their potential environmental contamination claims against drugmaker Bristol Myers Squibb.
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December 23, 2025
Fla. Panel Affirms Disability Finding, Barring Death Penalty
A Florida appeals court has upheld a finding that a man cannot be executed because he is intellectually disabled, ruling that although the evidence focused mostly on his childhood, it was sufficient for the defendant to meet the definition for being disabled under state law.
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December 23, 2025
7th Circ. Revives Sales Reps' Pay Bias Suit Against Waste Co.
The Seventh Circuit reinstated a pay bias suit Tuesday from two medical waste sales representatives who claimed their male colleagues unfairly received higher base salaries, finding they cast doubt on the company's sex-neutral justifications for the disparity.
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December 23, 2025
Justices Deny Trump's Bid To Send Nat'l Guard To Chicago
The U.S. Supreme Court ruled Tuesday that the Trump administration cannot deploy National Guard troops into Chicago to aid federal immigration enforcement, saying President Donald Trump didn't show he was permitted to federalize the National Guard under a statute he had relied on.
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December 23, 2025
Fed. Circ. Urged To Erase Aaron Judge's TM Phrases Win
A Long Island man seeking to register trademarks for the judiciary-themed expressions "All Rise" and "Here Comes The Judge" has asked the Federal Circuit to overturn the Trademark Trial and Appeal Board's rejection of his applications, arguing it erroneously concluded that New York Yankees slugger Aaron Judge has priority over the phrases.
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December 23, 2025
Insurers Ask 5th Circ. To Revisit Hurricane Arbitration Case
A group of insurers pressed the Fifth Circuit on Monday to reconsider its decision nixing an arbitration order for a southern Louisiana town in a dispute over hurricane damage coverage, saying the opinion wrongly analyzes whether nonsignatories can enforce an international arbitration agreement.
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December 23, 2025
Ga. Atty Disbarred Over Misconduct In Immigration Cases
A Georgia immigration attorney has received a big lump of coal in his stocking from the Supreme Court of Georgia, which disbarred him after finding he abandoned several vulnerable clients in a yearslong "pattern of neglect."
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December 23, 2025
Top Delaware Chancery Cases Of 2025: A Year-End Report
The Delaware Chancery Court closed out 2025 amid a period of institutional uncertainty, as landmark cases addressing fiduciary duty, executive compensation, board oversight and the limits of equitable power unfolded against the backdrop of sweeping legislative changes to the Delaware General Corporation Law.
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December 23, 2025
11th Circ. Stands By Partial Revival Of VA Worker's Bias Suit
The Eleventh Circuit affirmed its opinion that the U.S. Department of Veterans Affairs did not violate disability bias law by allegedly delaying a worker's remote work request, rejecting the employee's rehearing bid arguing that a three-judge panel bungled a key fact in its August ruling.
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December 23, 2025
11th Circ. Asked To Rehear Pregnancy Center Vandalism Case
A Florida woman convicted of vandalizing crisis pregnancy centers across the state asked the Eleventh Circuit Monday to reconsider a ruling affirming her conviction, arguing that she should not have been prosecuted under a conspiracy statute for violating the Freedom of Access to Clinic Entrances Act.
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December 23, 2025
Colo. High Court To Begin Search For Next Justice
The Colorado Supreme Court is set to begin next month the process of selecting a new justice to replace Justice Melissa Hart following her retirement announcement earlier this month, the Colorado Judicial Branch said in a press release Tuesday.
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December 22, 2025
2nd Circ. Says Arb. Exemption Covers Pacts Between Cos.
The contracts used by two food distributors who created their own entities to work for a food service business fall under the Federal Arbitration Act carveout, the Second Circuit ruled Monday, nixing a Connecticut federal court's decision that sent their misclassification case to arbitration.
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December 22, 2025
Catching Up With Delaware's Chancery Court
Delaware's justices threw the Court of Chancery in reverse big time last week, rescinding a decision by the state's chancellor that last year effectively canceled tech tycoon Elon Musk's multi-year, then-$56 billion stock-based compensation package. It was a decision that lit up the court's relatively low-key, pre-holiday wind-up. It also highlighted the endless, 3D tug of war over Delaware-chartered companies and the interests of boards, officers, controllers, stockholders and the corporate bar.
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December 22, 2025
Citgo Fights Local Gov't Climate Claims Before Calif. Panel
Citgo urged a California appellate panel Monday to reverse their tentative finding that Golden State courts have personal jurisdiction over certain climate deception claims against oil and gas giants, arguing that local governments' public nuisance allegations are based on "a completely different set of facts" that occurred beyond California's borders.
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December 22, 2025
Supreme Court Halts Pittsburgh Post-Gazette Union Order
The U.S. Supreme Court stayed a Third Circuit order Monday that had required the Pittsburgh Post-Gazette to bargain in good faith with its newsroom workers' union and rescind changes to their healthcare and working conditions, pressing pause on an order that ended a three-year strike at the paper.
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December 22, 2025
As US Executions Decline, Florida Surges
During Florida's 1994 gubernatorial race, Republican candidate Jeb Bush accused Democratic incumbent Lawton Chiles of being too soft on crime; Chiles' immediate predecessor, Bush pointed out, had signed almost 10 times as many death warrants as Chiles had.
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December 22, 2025
Top Gov't Contracts Cases Of 2025
The Federal Circuit and U.S. Court of Federal Claims ruled on several consequential issues impacting government contractors this year, including deciding who constitutes an "interested party" capable of lodging a bid protest and invalidating a settlement between the Pentagon and one of its major contractors. Here, Law360 reviews the top government contracts-related rulings in 2025.
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December 22, 2025
9th Circ. Sides With Wash. Professor In Free Speech Case
A split Ninth Circuit panel has determined that the University of Washington violated a professor's First Amendment rights by punishing him for mocking a suggested Native American land acknowledgment, concluding in a new published opinion that "student discomfort" alone is not enough to warrant restrictions on academic free speech.
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December 22, 2025
Apple Seeks To Overturn $634M Masimo Patent Verdict
Apple has urged a California federal judge to grant its combined motion for judgment or a new trial for its $634 million trial loss over a Masimo patient monitor patent, arguing that no reasonable jury could have reached the verdict and that the tech giant was "severely prejudiced" by erroneous court rulings.
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December 22, 2025
21 AGs Support Gun Ban For Cannabis Users
A federal law that prohibits habitual drug users from possessing firearms is constitutional and necessary for public safety, a coalition of attorneys general from 20 states and Washington, D.C., told the U.S. Supreme Court, urging the justices to overturn a finding that the law violates the Second Amendment except when a user is actively intoxicated.
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December 22, 2025
Colo. High Court Says Local Penalties Can't Exceed State Max
The Colorado Supreme Court on Monday unanimously ruled that local governments are barred under state law from enacting punishments for nonfelony offenses that are harsher than the maximum sentences allowed under state laws.
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December 22, 2025
Google Says 'Settled Expectations' Challenge Is Still Viable
Google LLC urged the Federal Circuit on Monday to pay no heed to the U.S. Patent and Trademark Office's arguments that failed challenges to the office's policy of denying patent reviews based on the owner's "settled expectations" should decide Google's own challenge, arguing its case is different.
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December 22, 2025
10th Circ. Tosses Plumbing Co.'s Captive Deduction Bid
The Tenth Circuit is not the proper forum for a Utah plumbing company to challenge the Internal Revenue Service's 2016 notice denying a microcaptive insurance deduction, the appeals court found Monday, citing two statutes that bar the company's arguments.
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December 22, 2025
6th Circ. Vacates Pharma Salesman's $6.8M Restitution Order
The Sixth Circuit vacated a nearly $7 million restitution order against a pharmaceutical salesman convicted of healthcare fraud, finding an Ohio federal court erred in calculating that amount and apportioning liability.
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December 22, 2025
Mich. Justices Reopen Female Inmates' Harassment Suit
The Michigan Supreme Court has said nothing in a state prisoner litigation statute requires judges to permanently dismiss actions that don't meet all the procedural requirements, giving female inmates of the Wayne County jail a potential second chance at their harassment lawsuit.
Expert Analysis
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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Female Athletes' NIL Deal Challenge Could Be Game Changer
A challenge by eight female athletes to the NCAA’s $2.8 billion name, image and likeness settlement shows that women in sports are still fighting for their share — not just of money, but of respect, resources and representation, says Madilynne Lee at Anderson Kill.
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9th Circ. Ruling May Help Pharma Cos. Avert Investor Claims
The Ninth Circuit's recent decision affirming the dismissal of a securities fraud class action alleging that Talphera deceived investors by marketing a drug with a misleading slogan should give plaintiffs pause before filing similar complaints where snappy slogans are accompanied by copious clarifying information, say attorneys at Simpson Thacher.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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What's At Stake In High Court's Ill. Ballot Deadline Case
In Bost v. Illinois State Board of Elections, the U.S. Supreme Court will hear arguments next week on whether and when candidates for office have standing to bring prospective challenges to election laws, raising broader issues about the proper timing of federal court election litigation, say Richard Pildes and Samuel Ozer-Staton at NYU School of Law.
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How Okla. High Court Ruling Will Alter Workers' Comp. Cases
The Oklahoma Supreme Court's recent decision in OBI Holding Company v. Schultz-Butzbach confirms that workers' compensation claims should move through the system without needless delay, which means attorneys on both sides will need to adjust how they handle such claims, says Steven Hanna at Gilson Daub.
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Kimmel 2nd Circ. Victory Holds Novel Copyright Lessons
The Second Circuit's recent decision in Santos v. Kimmel, dismissing a copyright infringement claim against Kimmel for airing Cameo videos recorded by former U.S. Rep George Santos, examines the unusual situation of copyrighted works created at the request of the alleged infringer, say attorneys at Venable.
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2 Rulings Highlight IRS' Uncertain Civil Fraud Penalty Powers
Conflicting decisions from the U.S. Tax Court and the Northern District of Texas that hinge on whether the IRS can administratively assert civil fraud penalties since the U.S. Supreme Court’s 2024 decision in SEC v. Jarkesy provide both opportunities and potential pitfalls for taxpayers, says Michael Landman at Bird Marella.
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Junior Attys Must Beware Of 5 Common Legal Brief Mistakes
Excerpt from Practical Guidance
Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.
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Contract Disputes Recap: Details, Instructions, Obligations
Recent decisions from the Armed Services Board of Contract Appeals and the Civilian Board of Contract Appeals offer critical insights into contractor reliance on government specifications, how instructions can affect a contractor’s dispute rights and how both factor into the larger claims process, says Sarah Barney at Seyfarth.
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Lessons As Joint Employer Suits Shift From Rare To Routine
Joint employer allegations now appear so frequently that employers should treat them as part of the ordinary risk landscape, and several recent decisions demonstrate how fluid the liability doctrine has become, says Thomas O’Connell at Buchalter.
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Utilizing 6th Circ.'s Expanded Internal Investigation Protection
A recent Sixth Circuit decision in In re: FirstEnergy demonstrates one way that businesses can use a very limited showing to protect internal investigations from discovery in commercial litigation, while those looking to force production will need to employ a carefully calibrated approach, say attorneys at Brownstein Hyatt.
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3rd Circ. Clarifies Ch. 11 3rd-Party Liability Scope Post-Purdue
A recent Third Circuit decision that tort claims against the purchaser of a debtor's business belong to the debtor's bankruptcy estate reinvigorates the use of Chapter 11 for the resolution of nondebtor liability in mass tort bankruptcies following last year's U.S. Supreme Court ruling in Purdue Pharma, say attorneys at Sullivan & Cromwell.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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Evaluating The Current State Of Trump's Tariff Deals
As the Trump administration's ambitious tariff effort rolls into its ninth month, and many deals lack the details necessary to provide trade market certainty, attorneys at Adams & Reese examine where things stand.