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Appellate
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May 02, 2025
Nevada Takes Another Step Toward Business Court Stand-Up
Nevada's Assembly has made another move to position state courts to handle corporate and commercial law disputes, with the first-step passage of a bill that would make judges, rather than juries, the triers of fact for fiduciary duty breaches or suits brought in a company name, among other matters.
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May 02, 2025
Ex-Travelers Employee Can't Yet Appeal Arbitration Ruling
The Connecticut Appellate Court ruled Friday that a trial court's refusal to vacate a woman's arbitration loss in an age discrimination case against Travelers Indemnity Co., her former employer, wasn't a final order that could be appealed.
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May 02, 2025
Miami Rental Property Sellers Want $1.5M Award Reversed
The sellers of a Miami rental property asked the Eleventh Circuit to reverse a $1.5 million judgment against them over the breakdown of a $5.45 million sale of the property, arguing that the buyer failed to prove that it had the money to pay for the property.
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May 02, 2025
DC Circ. Allows Feds To Halt Funding To Int'l Media Outlets
A D.C. Circuit panel has paused a lower court order that restored federal grant funding to international broadcasters while leaving intact other aspects of a ruling preserving the agency that oversees Voice of America.
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May 02, 2025
A Look At Trump's Pick For The 6th Circuit
President Donald Trump's first judicial nominee, Whitney Hermandorfer, who's been tapped for a seat Democrats tried to fill while Joe Biden was in the White House, has been part of litigation on several politically charged issues due to her job with the Tennessee Attorney General's office.
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May 02, 2025
With Lowell's New Firm, San Juan Bank Appeals NY Fed Loss
Abbe Lowell — the high-profile litigator who on Friday announced he will launch a boutique firm aiming to aid with "politicized investigations" after exiting the partnership of Winston & Strawn LLP — will help handle a Puerto Rico bank's appeal of an order affirming the closure of its Federal Reserve master account by federal regulators.
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May 02, 2025
Fed. Circ. Gives MSN Short Pause For Entresto Appeal
The Federal Circuit told a Delaware federal judge on Friday to hold off entering final judgment in litigation that would delay MSN Pharmaceuticals Inc. from launching a generic version of Novartis' blockbuster heart medication Entresto.
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May 02, 2025
Pro Golfer Urges 11th Circ. To Revive Media Defamation Suits
A professional golfer urged the Eleventh Circuit on Friday to revive two defamation lawsuits against various news and media publications, saying he was wrongly targeted as the "villain" or "bad boy" of golf due to false accusations of cheating and reports over his defection from the PGA Tour.
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May 02, 2025
NJ Panel Affirms $2.6M Coverage Payout In Cleanup Case
A New Jersey appeals court on Friday upheld a lower court's decision finding that under Massachusetts law an insurer owed a BASF entity only $2.6 million in coverage for underlying environmental remediation costs after the lower court found a prior, larger coverage calculation it had adopted was "palpably incorrect."
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May 02, 2025
Trump Media Makes Move To Fla. With Del. Action Pending
Trump Media & Technology Group Corp., the parent company of President Donald Trump's social media platform, has wrapped up its "redomestication" from Delaware to Florida, joining other businesses that have taken what's become known as a "DExit" to other states.
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May 02, 2025
3 Argument Sessions Benefits Attys Should Watch In May
The Eleventh Circuit will hear arguments from former seafood company workers who say they were overcharged when they purchased their employer’s stock, while the Sixth Circuit tackles appeals from Kellogg and FedEx retirees who say they were shorted on benefits because of outdated mortality data. Here’s three arguments to keep an eye on in May.
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May 02, 2025
Connecticut Firm Can't Reargue Ruling In Lawsuit Over Scam
Connecticut law firm Mancini Provenzano & Futtner LLC may not reargue an attorney fee and prejudgment interest awarded to a former client who was tricked by a fraudster into wiring $90,586 to an incorrect account due to the firm's lax security, a state superior court judge has ruled.
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May 02, 2025
Houston Atty Can't Beat Sanctions In Hospital Firing Suit
A Texas state appellate court has said a Houston attorney is on the hook for more than $11,000 in fees for ignoring an area hospital's discovery requests and failing to appear in court in a wrongful termination lawsuit the attorney filed on behalf of a podiatrist.
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May 02, 2025
DC Circ. Seems Unconvinced That Proxy Firms 'Solicit'
An industry group's bid to revive a U.S. Securities and Exchange Commission rule regulating proxy advisory firms seemed to meet a skeptical D.C. Circuit panel on Friday, as the judges questioned whether those firms "solicit" proxy votes.
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May 02, 2025
Off The Bench: DC Stadium, BetMGM Victory, Transfer Rules
In this week's Off The Bench, the Washington Commanders strike a deal to build a new stadium in D.C., BetMGM fends off a consumer fraud suit targeting its gambling promotion efforts and a Rutgers University football player scores another win against the NCAA's transfer rules.
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May 02, 2025
3rd Circ. Says County Judges Need Notice To Pull Probation
The Third Circuit on Friday partly revived claims from criminal defendants who said they were jailed for alleged probation violations too hastily and too long by Allegheny County, Pennsylvania, Judges Jill Rangos, Anthony Mariani and Kelly Bigley, but the split panel declined to require more than "probable cause" for someone to be returned to jail.
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May 02, 2025
NC Farmers Say Fight With Crop Insurer Must Stay In Court
A suit by six tobacco farmers lodging tort claims against their crop insurer should proceed in state court, they told a North Carolina appeals court, arguing that an arbitration provision in their policy applies only to disputes over a coverage determination.
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May 02, 2025
Community Groups Accept Pause In CTA Litigation
A group of community associations has told the Fourth Circuit they aren't opposed to a government motion to pause litigation over the Corporate Transparency Act, even as they maintained the information disclosure law aimed at small businesses still carries constitutional flaws.
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May 02, 2025
DC US Atty Pick Vows To Take On Judicial Threats
Ed Martin, nominee to be U.S. attorney for the District of Columbia who is currently serving in the role on an interim basis, has told federal judges in D.C. he is concerned about the increase in threats to judges and pledged to work together to stop it.
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May 02, 2025
Trump Announces First Judicial Nominee Of 2nd Term
President Donald Trump announced his first judicial nominee of his second administration late Thursday night.
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May 01, 2025
New Bill Holds Judges Accountable Even After They Retire
A Georgia Congressman on Thursday introduced legislation that would ensure misconduct complaints against judges would still be investigated, even if the judge has resigned, retired or even died.
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May 01, 2025
2nd Circ. Won't Revive Privacy Suit Over Video Data Sharing
The Second Circuit on Thursday upheld the toss of a proposed class action accusing digital streaming provider Flipps Media Inc. of unlawfully sharing video-viewing information with Meta Platforms Inc., finding that the disclosed data didn't fall within the scope of the federal Video Privacy Protection Act.
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May 01, 2025
Troops Urge High Court To Keep Transgender Ban On Ice
Several transgender service members and recruits told the U.S. Supreme Court on Thursday to reject the Trump administration's bid to lift a federal judge's order prohibiting implementation of the Pentagon's ban on transgender military service, claiming the policy is so deeply rooted in animosity that it won't survive judicial inspection.
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May 01, 2025
Worker Can't Ring Own Class's 'Death Knell,' Calif. Panel Says
A former construction company employee can't appeal an order denying his class certification motion in a putative wage and hour class action, a California state appeals court has ruled, finding it does not qualify under the so-called death knell doctrine because Private Attorneys General Act claims remained active when he appealed.
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May 01, 2025
DC Circ. Doubts Venezuelan State Oil Co. In Asset Seizure Suit
The D.C. Circuit was having a hard time Thursday with a Venezuelan state-owned oil company's arguments that it should be allowed out of a nearly 14-year-old suit brought by an Oklahoma-based petroleum drilling company that claims its drilling rigs were illegally seized by the state.
Expert Analysis
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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.
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Home Depot Ruling Tolls Death Knell For 'Silent Cyber'
The Sixth Circuit's recent ruling that Home Depot's insurers did not have to cover costs from a data breach hammered one more nail in the coffin of silent cyber, where coverage is sought under standard property or commercial general liability policies that were not intended to insure cyberattack claims, say attorneys at Zelle.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Texas Case Shows Why Juries Are Well-Suited To COVID Suits
The original jury verdict in Baylor College of Medicine v. Lloyd's, currently on appeal to the Texas Supreme Court after being overturned by an appellate panel, illustrates why COVID-19 business interruption claims with their case-specific facts need to be decided by juries, not by judges using a one-size-fits-all approach, says Jeremy Lawrence at Farella Braun.
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Filial Consortium Claims' Future After Conn. High Court Ruling
While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.
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4th Circ. Health Data Ruling Opens Door To State Law Claims
In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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2 Del. Rulings Reinforce Proof Needed For Records Demands
Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Justices May Clarify What IP Competitors In Litigation Can Say
If the U.S. Supreme Court agrees to weigh in on Atturo Tire v. Toyo Tire, it may be able to provide guidance on the murky questions surrounding what companies enforcing their intellectual property against competitors are allowed to say in public, say attorneys at Ballard Spahr.