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Appellate
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November 24, 2025
Colo. Justices Again Uphold $40M Award In Med Mal Cap Suit
The Colorado Supreme Court on Monday denied a state hospital's bid for the justices to rehear a couple's medical malpractice damages cap lawsuit over their daughter's care, upholding for a second time a nearly $40 million judgment against the institution.
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November 24, 2025
3 Federal Circuit Clashes To Watch In December
The Federal Circuit's argument calendar for December includes a festive $71.4 million patent dispute about artificial Christmas trees, as well as a software company's bid to revive a nine-figure trade secrets and contract verdict against Ford that was slashed to a nominal $3.
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November 24, 2025
5th Circ. Finds Gun Ban For Pot Users Unconstitutional
A Fifth Circuit panel ruled on Friday that a federal law barring users of marijuana from lawful gun ownership ran afoul of the Second Amendment in the specific case of a person convicted in Mississippi of unlawful firearm possession.
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November 24, 2025
Judges Question Limits On FCC Power To Rework 4.9 GHz
Washington, D.C., Circuit judges sounded unconvinced Monday that the Federal Communications Commission lacked authority to effectively hand control of 4.9 gigahertz airwaves to FirstNet during arguments from some band users' challenge to last year's controversial FCC revamp of the spectrum.
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November 24, 2025
Justice Thomas Says Court Should Clarify Military Immunity
For the third time in five years, Justice Clarence Thomas on Monday said the U.S. Supreme Court should have granted review of a long-standing court precedent shielding the government from claims incidental to military service, in a suit over the death of an off-duty Air Force service member.
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November 24, 2025
Naval Architect Says 4th Circ. Got No-Poach Ruling Right
A former naval engineer accusing shipbuilders of conspiring to suppress industry wages has told the U.S. Supreme Court that their petition for review of a Fourth Circuit decision reviving her proposed class action rests on a rule the panel never adopted.
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November 24, 2025
PJM Says FERC Wrongly Nixed Grid Planning Change
PJM Interconnection has told the D.C. Circuit that the Federal Energy Regulatory Commission wrongly rejected a plan the regional grid operator brokered with transmission owners to make grid planning decisions without the approval of its members committee.
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November 24, 2025
Full Fed. Circ. Rejects Bayer Petition In Xarelto Patent Case
The full Federal Circuit on Monday declined a petition from German pharmaceutical giant Bayer asking the appeals court to take a look at reviving patent claims related to its blood thinner medication Xarelto.
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November 24, 2025
NY High Court Says Gun Permit Scheme Is Bruen-Compliant
New York's highest court on Monday ruled that concealed weapons laws in the state are constitutional and can be enforced despite a 2022 U.S. Supreme Court decision striking down portions of a law that required gun owners to provide a reason why they should be allowed to own a firearm.
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November 24, 2025
Mich. Justices To Weigh Burden Of Proof In Hangar Tax Fight
The Michigan Supreme Court agreed to weigh a city's appeal of a decision that said the municipality had the burden of proof to show that a company's hangar leased from a regional airport authority was subject to tax.
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November 24, 2025
Unpaid Restitution No Bar To Expungement, Calif. Panel Says
California courts can't deny expungement of a conviction on the basis of unpaid restitution, a state appeals court has ruled, finding that a lower court should have expunged a woman's drunken-driving conviction.
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November 24, 2025
11th Circ. Nixes Insurer's Win In Disability Benefits Suit
A split Eleventh Circuit panel reversed a win for an insurance company in an ex-worker's case alleging her long-term disability benefits were improperly denied, with the majority finding the company misinterpreted the terms of her policy in making its decision.
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November 24, 2025
Ex-McDonald's Executive Takes Race Bias Suit To 7th Circ.
A Black former security executive for McDonald's is appealing the fast food giant's win over his lawsuit claiming he was fired for confronting the company's CEO about racial disparities, he told an Illinois federal court Monday.
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November 24, 2025
Pittsburgh Paper Can't Beat Healthcare Order As Strike Ends
Workers who returned to work at the Pittsburgh Post-Gazette on Monday after a three-year strike must be reverted to their old healthcare plans, as the Third Circuit denied the company a stay of an order making it comply with a National Labor Relations Board ruling.
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November 24, 2025
6th Circ. Says Rehabilitation Act Doesn't Cover Retaliation
The Sixth Circuit declined to reinstate a former Michigan Department of Corrections officer's suit claiming he lost his job for requesting lighter duties after a hip injury, ruling a law prohibiting disability bias in federally funded programs doesn't prohibit retaliation.
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November 24, 2025
Apple Fights Bid To Recertify 200 Million IPhone Buyer Class
Apple has urged the Ninth Circuit to deny a petition from customers seeking to restore certification of a consumer class plaintiffs say reaches "upwards of 200 million" with a collective $20 billion in damages, in litigation claiming that the tech giant violated antitrust laws with its App Store policies.
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November 24, 2025
NJ Panel Orders Arbitration In Jersey City Real Estate Dispute
A New Jersey appellate court on Monday affirmed a lower court's arbitration order for several counterclaims in a dispute involving a Jersey City apartment project, ruling that the counter-defendants didn't previously waive their right to arbitrate the counterclaims.
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November 24, 2025
Union Tells 1st Circ. Visa Ban Threatens Harvard's Talent Pool
The UAW filed an amicus brief in the First Circuit in support of Harvard University's fight to continue enrolling foreign students, warning that President Donald Trump's moves to limit visas are chasing away talented students.
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November 24, 2025
ND Justices Reverse Ruling That Struck Down Abortion Ban
North Dakota's near-total ban on abortion is back in effect after the state's top court narrowly reversed a lower court decision by failing to reach the supermajority required to declare the law unconstitutional.
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November 24, 2025
IRS Ticket Tax Fails After Loper Bright, 6th Circ. Told
The Internal Revenue Service no longer has the discretion to apply a 7.5% ticket tax on membership fees collected by a private jet-sharing operator, the company told the Sixth Circuit, citing the U.S. Supreme Court's landmark decision in Loper Bright.
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November 24, 2025
DC Circ. Panel Likely To Keep AP Out Of Press Pool
A D.C. Circuit panel appeared likely to end an injunction barring the White House from keeping the Associated Press out of press pool events Monday, with two judges suggesting that there's room for the president to discriminate on viewpoint in certain events.
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November 24, 2025
Inventor Takes Fight Over $214K Sanctions To High Court
The inventor listed on a patent covering a type of marking tape has asked the U.S. Supreme Court to undo a $214,000 sanctions order from a lower court, saying the Federal Circuit erred in upholding the fine based on a finding that he had concealed that he had relinquished standing to sue.
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November 24, 2025
Doctor Liable For Rent On Ex-NFL Player's Concussion Clinic
A Florida neurologist who partnered with a former National Football League player to start a concussion clinic in Massachusetts can't dodge more than $100,000 in unpaid rent and interest owed by the defunct venture, an intermediate state appellate court said.
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November 24, 2025
Justices Won't Hear Suit Over Trump's NCUA Firings, For Now
The U.S. Supreme Court said Monday that it won't immediately take up a challenge to President Donald Trump's removal of two National Credit Union Administration board members, turning down a request to hear the case alongside its review of his power to fire Federal Trade Commission members.
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November 24, 2025
Mich. High Court Won't Rethink Rejecting 'Rain Tax' Case
The Michigan Supreme Court declined for a second time to review a pair of challenges to Detroit's stormwater fees, allowing to stand lower court opinions that said the fees were not taxes subject to constitutional limits.
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.