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Appellate
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April 17, 2025
Wash. Justices Back Consumers In Old Navy Spam Email Suit
Washington's highest court said in a 5-4 ruling Thursday that the state's spam law bars commercial emails that include any false information in their subject lines, endorsing two consumers' broader interpretation of the statute in a proposed class action against Old Navy.
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April 17, 2025
6th Circ. Says Michigan AG Can Pursue 'False Elector' Case
The Sixth Circuit on Thursday affirmed a federal district court's refusal to interfere with a state court case in which Michigan's attorney general accused a former Republican presidential elector candidate of plotting to submit false electoral votes in the wake of the 2020 election.
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April 17, 2025
Mich. Defenders Seek $2.3M After Life Sentence Ruling
Michigan's appellate defender office told lawmakers Thursday that it would need to hire additional staff to represent more than 300 people whose sentences will need to be reviewed after the state's top court declared that automatic life-without-parole sentences for 19- and 20-year-olds are unconstitutional.
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April 17, 2025
Navajo Man Owed Relocation Benefits, 9th Circ. Rules
The Ninth Circuit has ruled in a published opinion that a Navajo Nation member was wrongly denied relocation benefits after the U.S. government awarded his ancestral land to the Hopi Tribe, saying the federal relocation office relied on flawed findings and arbitrary reasoning when denying his claim.
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April 17, 2025
6th Circ. Revives Fight For Docs In Prison Co. Investors' Suit
The Sixth Circuit ordered a do-over of a judge's decision to shield court records in a securities lawsuit against private prison operator CoreCivic on Thursday, saying it isn't enough to invoke unspecified "confidentiality" interests.
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April 17, 2025
DC Circ. Refreezes EPA Climate Grant Funds
The D.C. Circuit has paused a federal court's order directing Citibank to start disbursing funds to nonprofits undertaking climate change projects that were appropriated by Congress to the U.S. Environmental Protection Agency during the Biden administration.
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April 17, 2025
9th Circ. Tosses Objections To $10.4M CVS Wage Settlement
A pharmacist's objections to a $10.4 million settlement of a wage and hour class action affecting 24,000 CVS employees hold no weight, a Ninth Circuit panel found, ruling Thursday that a California federal judge adequately considered the merits of each objection before tossing them.
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April 17, 2025
Copyright Office Opines On Harper Lee 7th Circ. Appeal
The U.S. Copyright Office is lending its opinion in a dispute over who has the rights to authorize stage adaptions of Harper Lee's iconic book "To Kill A Mockingbird," saying in an amicus brief to the Seventh Circuit that the company that once had the rights for the play cannot prevent others from creating new adaptions after the late author terminated those rights.
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April 17, 2025
Wash. Justices Strike Down Spokane's Homeless Camp Law
The Washington Supreme Court said a voter-approved initiative restricting encampments for homeless people in Spokane is unconstitutional, in an opinion Thursday that said the measure exceeds the scope of local initiative power because it impermissibly "tinkers" with a policy the city had previously adopted.
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April 17, 2025
Ga. Judicial Watchdog To Weigh Cases Against Pair Of Judges
Separate hearings have been set for a Georgia Superior Court judge accused of intervening in a legal matter on behalf of her uncle and locking a woman in a cell during her parents' divorce hearing, as well as a state probate judge accused of causing extensive case delays.
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April 17, 2025
Fed. Circ. Won't Revive Network Tech Patent Suit
The Federal Circuit on Thursday upheld a lower court's finding that Seattle-based technology company F5 did not infringe a patent owned by WSOU Investments LLC covering a network traffic distribution technology.
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April 17, 2025
Sacramento Says Dormant Commerce Doesn't Apply To Pot
The city of Sacramento told the Ninth Circuit on Wednesday that a federal district judge was correct to toss a constitutional challenge to the city's cannabis licensure program, saying the dormant commerce clause does not apply to a federally illegal industry.
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April 17, 2025
High Court Sets Arguments Over Birthright Pause
The U.S. Supreme Court on Thursday ordered special oral arguments over President Donald Trump's bid to pause or limit three nationwide court orders prohibiting implementation of his executive order aimed at limiting birthright citizenship, keeping the president's mandate on hold until at least mid-May.
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April 17, 2025
Calif. Court Says Co.'s Heart Monitors Are Not Tax-Exempt
A California company is not eligible for a $3.3 million refund of sales and use tax paid on heart monitoring devices because the devices aren't considered tax-exempt medicine, a state appeals court ruled.
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April 17, 2025
Ex-Dole Employee Can't Swap Other Worker Into PAGA Suit
A California trial court correctly prevented a former Dole employee from substituting himself in his Private Attorneys General Act case with another worker suing the company, a state appeals court ruled, saying the two workers didn't have much in common.
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April 17, 2025
Palin-NYT Retrial Delves Into Evidence Not Seen By 1st Jury
Sarah Palin's lawyers confronted a former New York Times editor Thursday with information showing an assassination attempt against a congresswoman may not have been connected to political rhetoric, breaking new ground in their bid to hold the paper liable for erroneously tying Palin to the violence in a 2017 editorial.
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April 17, 2025
Justices Revive Cornell Workers' ERISA Fee Suit
The U.S. Supreme Court revived a class action Thursday from Cornell University workers who said their retirement plans were saddled with excessive fees, finding the Second Circuit shouldn't have nixed their claim that the plans' arrangements with recordkeepers violated federal benefits law.
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April 16, 2025
11th Circ. Revives FCA Claim Against Fla. Medical Suppliers
The Eleventh Circuit said Wednesday that a Florida district court rightly dismissed most of a False Claims Act lawsuit by two former employees of medical supply companies, reviving a single claim that it said was pleaded with enough specificity.
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April 16, 2025
Ed Martin Discloses Russia TV Spots, Coloring Books, Jan. 6
Ed Martin, President Donald Trump's nominee for U.S. attorney for the District of Columbia, has disclosed dozens of additional media interviews with right-wing and Russian-state outlets, according to a letter obtained on Wednesday by Law360.
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April 16, 2025
Fed. Circ. Won't Touch Meta's PTAB Win Against Xerox
A Federal Circuit panel on Wednesday quickly and without comment rejected a bid from Xerox Corp. to overturn a Patent Trial and Appeal Board decision in favor of Meta Platforms Inc. that found claims in a message distribution patent are invalid.
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April 16, 2025
Ex-Judges Say BIA Wrongly Looking For 'Sushi-Grade Tuna'
Former immigration judges and members of the Board of Immigration Appeals told the Eleventh Circuit on Wednesday that the BIA has recently departed from the clear error standard to reverse relief to those seeking protection under the Convention Against Torture, emphasizing that the error needs to smell like "five-week-old, unrefrigerated dead fish."
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April 16, 2025
Pa. Poultry Farm's Slaughter Methods Deemed Trade Secrets
The Pennsylvania Superior Court has ruled that an animal rights group cannot force a Lebanon County poultry farm to disclose its chicken slaughtering practices, with the court ruling that the materials sought were confidential trade secrets.
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April 16, 2025
Fed Circ. Affirms Greek Air Force Suit Was Untimely
A Federal Circuit panel issued a one-word judgment upholding a Court of Federal Claims ruling that a $22 million suit the Greece air force brought over faulty reconnaissance cameras bought through the U.S. Foreign Military Sales program was untimely.
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April 16, 2025
Wyo. Justices Skeptical Of State Abortion Bans' Legality
The Wyoming Supreme Court on Wednesday seemed poised to side with a lower court judge that recent abortion bans violate the state's constitution, hinting that the Legislature doesn't have the authority to determine when life begins and thus cannot establish a compelling interest for the laws.
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April 16, 2025
Limits On Conn. Biz Law Stay In Effect In Sandy Hook Case
A Connecticut appeals court's $150 million paring of a $1.44 billion judgment against Infowars host Alex Jones for defaming the Sandy Hook Elementary School shooting victims' families was a shift away from a broader view of the state's most popular business litigation statute, several experts told Law360.
Expert Analysis
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Series
Playing Esports Makes Me A Better Lawyer
Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.
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The 6 Most Significant FCRA Litigation Developments Of 2024
From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.
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Fed. Circ. In December: A Patent Prosecution History Lesson
Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.
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An Associate's Guide To Career Development In 2025
As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.
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The Securities Litigation Trends That Will Matter Most In 2025
2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.
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What To Watch For In The 2025 Benefits Landscape
While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.
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Reviewing 2024's Crucial Patent Law Developments
As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.
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Contract Disputes Recap: Adjustments, Preclusion, Waivers
Ken Kanzawa at Seyfarth examines three recent decisions from the Civilian Board of Contract Appeals, the U.S. Court of Federal Claims and the Armed Services Board of Contract Appeals that examine distinctions between requests for equitable adjustments and claims, forum selection and res judicata, and the waiver of penalties for expressly unallowable costs.
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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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10 Noteworthy CFPB Developments From 2024
In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.
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Making The Pitch To Grow Your Company's Legal Team
In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.
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Justices May Find Gov't Can Keep Fraudulent Transfer Benefit
Based on the justices' questions at the recently argued U.S. v. Miller, the Supreme Court appears prepared to hold that the U.S. — unlike any other creditor — is permitted to retain the benefits of a fraudulent transfer to the detriment of other bankruptcy creditors, says Kevin Morse at Clark Hill.
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Why Letters Of Protection Are Discoverable In Texas PI Suits
Recent Texas Supreme Court opinions and key provisions of the Texas Rules of Civil Procedure make letters of protection, in which plaintiff attorneys promise payment to healthcare providers based on jury awards, discoverable — good news for defendants fighting exorbitant damage claims in personal injury cases, says Nathan Vrazel at Munsch Hardt.