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Appellate
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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.
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August 26, 2025
5th Circ. Revives Claims Against Tyson In COVID Death Suit
A split Fifth Circuit panel on Tuesday reinstated a suit brought by a widow accusing Tyson Foods of negligently failing to prevent the spread of COVID-19 at an East Texas plant that caused the death of a worker, saying certain claims were not preempted by a federal food safety law.
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August 26, 2025
Teradata Asks High Court To Stay Out Of SAP Tying Fight
The U.S. Supreme Court should let sitting dogs lie when it comes to a Ninth Circuit decision reviving tying claims brought by data analytics giant Teradata against a German rival and software maker and just let the matter head to trial, according to the U.S.-based Teradata.
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August 26, 2025
Ga. Judge Says His Removal Would Be 'Absolutely Wrong'
A Georgia probate court judge told the state's judicial watchdog body Tuesday that "it would be absolutely wrong to remove me" over charges that he repeatedly failed to issue rulings in cases for months and years, arguing it would only send his Savannah-area office into further disarray.
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August 26, 2025
Split 9th Circ. Upholds Oregon Pharmaceutical Reporting Law
A split Ninth Circuit panel on Tuesday vacated a lower court's order blocking an Oregon law requiring drug manufacturers to report information related to certain prescription drugs to the state, ruling that the law is indeed constitutional under both the First and Fifth amendments.
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August 26, 2025
Scholars, Others Back Students Facing Foreign Policy Removal
A group of habeas corpus scholars threw their support Tuesday behind Turkish college student Rümeysa Öztürk, whom the Trump administration wants to deport on foreign policy grounds, warning the Second Circuit that the government's tactics threaten to effectively suspend the great writ.
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August 26, 2025
Ill. Defends Extended Mail-In Ballot Deadline At High Court
Now that the U.S. Supreme Court has agreed to take up an Illinois congressman's last shot at reviving a suit challenging the state's policy of counting ballots for two weeks after Election Day, the state is hoping the justices will come down on the side of the extended ballot counting policy.
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August 26, 2025
Ex-Genentech Worker Urges 9th Circ. To Revive ERISA Suit
Counsel for a former Genentech employee urged the Ninth Circuit at a hearing Tuesday to revive his client's proposed class action alleging the biotechnology company kept unwise investment options in its 401(k) plan for years, saying the case is "vastly different" from one the lower court cited when tossing the suit.
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August 26, 2025
7th Circ. Won't Compel Arbitration In Uber Driver's Pay Suit
Uber was correctly ordered to litigate a driver's pay claims in a lawsuit which three other plaintiffs must arbitrate, the Seventh Circuit said Tuesday, agreeing with a lower court that found the issue had already been decided in the driver's state court case.
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August 26, 2025
Google Backers Cite Security, Competition To 9th Circ.
Trade groups, cybersecurity experts, think tanks and others backed Google with proposed Ninth Circuit amicus briefs arguing that an order affirmed by an appeals panel opening up the Play Store will upend competition and endanger security.
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August 26, 2025
Fed. Circ. Agrees To Compromise In Fintiv Appeal Extension
The U.S. Patent and Trademark Office will have extra time to respond to Google and Samsung's challenge to its Fintiv policy, but not as much as it wanted the Federal Circuit to provide, the court ruled Tuesday.
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August 26, 2025
Capital One Beats Robocall Class Cert. Appeal At 4th Circ.
The Fourth Circuit has affirmed that consumers who accused Capital One of violating consumer protection laws by leaving prerecorded messages on their cell phones cannot be certified as a class, agreeing that it would be too difficult to ascertain members of the proposed class who weren't customers of the bank.
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August 26, 2025
Garnishment Statute Is Too 'Arbitrary,' NBC Tells Ga. Justices
NBCUniversal urged the Georgia Supreme Court Tuesday to overturn a trial court's denial of its motion to set aside a more than $543,000 default judgment entered against it after it failed to respond to a garnishment action, arguing that the state's garnishment default statute is unconstitutional.
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August 26, 2025
DC Circ. Backs HHS In Low-Income Patient Payment Dispute
The D.C. Circuit has delivered a blow to a group of hospitals in a recent decision finding they had challenged a key component of their Medicare reimbursements too early, despite hospital associations' warnings that such a ruling could slow healthcare providers' ability to seek review and "ultimately harm" patients.
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August 26, 2025
Calif. High Court Says Gang Law Applies To Past Convictions
A divided California Supreme Court has ruled that a state law redefining criminal enhancements for people accused of gang activity must be applied retroactively to prior convictions to determine whether they still count under the state's three-strikes law.
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August 26, 2025
DOJ Can't Throw Out Kidnapping Charges, DC Circ. Says
The D.C. Circuit has ruled federal prosecutors used an improper mechanism when trying to toss portions of a kidnapping conviction for a man as part of a bid to retrofit his plea deal.
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August 26, 2025
Fed. Circ. Backs Original Filer In First-Ever Derivation Ruling
The Federal Circuit clarified the differences between derivation and interference proceedings on Tuesday while affirming that a podiatrist didn't derive his wound treatment patent application from a former collaborator.
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August 26, 2025
Peru Telecom Takes Fight Over $168M Of Awards To DC Circ.
Peru-owned telecom service Pronatel has appealed before the D.C. Circuit a lower court decision denying its motion to throw out broadband corporation Redes Andinas de Comunicaciones SRL's action to confirm two arbitral awards valued at $168 million.
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August 26, 2025
Mass. Justices Overturn Firearm Convictions Over Trial Error
Massachusetts' highest court ruled Tuesday that a man convicted of carrying a loaded firearm without a license and removing the gun's serial number must get a new trial on the possession charges, finding him not guilty of defacing the weapons due to insufficient instructions provided to the jury.
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.