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Appellate
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July 08, 2025
Ex-DC Prosecutors Rip Pick Of Emil Bove For 3rd Circ.
In a letter to the Senate Judiciary Committee, a group of former federal prosecutors in Washington panned Emil Bove as a "dangerous" pick for the Third Circuit and criticized his record as a prosecutor as that of a loyal follower of President Donald Trump.
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July 08, 2025
Medical Co. Wants High Court To Review Rushed Patent Case
A medical device maker has asked the U.S. Supreme Court to hear it out on claims that a North Carolina federal judge rushed the case to trial and violated the Fifth Amendment right to due process by shortening the amount of time for discovery.
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July 08, 2025
3rd Circ. Probes Constitutionality Of NJ Judicial Privacy Law
A Third Circuit panel on Tuesday dug into the constitutionality of a New Jersey judicial privacy statute, with data brokers, a data protection company and the state debating whether the law provides a vital safeguard or imposes too-burdensome restrictions on the publication of publicly available information.
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July 08, 2025
Fla. Panel Fights Judge's Bid To Ax Fake-Recording Charges
A Florida judicial ethics panel has said a judge in Broward County cannot escape ethics charges stemming from her 2024 election campaign, when she allegedly publicly shared a fabricated recording of a chief judge disparaging another judge.
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July 08, 2025
3rd Circ. Gives Philly Bus Driver Fresh Chance At FMLA Suit
The Third Circuit on Tuesday reinstated a former Philadelphia bus driver's lawsuit alleging public transit authority SEPTA bucked the Family and Medical Leave Act when it fired him for missing work due to his sickle cell anemia.
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July 08, 2025
Trump Admin Backs Off Plan To Revisit Biden Asbestos Ban
The U.S. Environmental Protection Agency on Monday told the Fifth Circuit it's not going to revise a Biden-era rule strengthening restrictions on asbestos use, and asked the court to restart litigation challenging the Biden rule.
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July 08, 2025
High Court Allows Trump's Gov't Cuts And Restructuring
The U.S. Supreme Court on Tuesday ruled the Trump administration can move forward with its plans for large-scale layoffs and reorganizations at various federal departments and agencies, lifting a California federal judge's order that had paused the efforts while a legal challenge continues.
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July 08, 2025
The Biggest Copyright Rulings Of 2025: A Midyear Report
Two California judges were the first to deliver crucial rulings about what constitutes fair use in training generative artificial intelligence models — a question expected to test the boundaries of the copyright doctrine amid the emergence of the groundbreaking technology. Here is Law360's list of the biggest copyright decisions so far this year.
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July 08, 2025
Pa. County Wants 3rd Circ. To Revive Dominion Contract Suit
A central Pennsylvania county in hot water with state officials for unauthorized inspections of its voting equipment wants the Third Circuit to reconsider its commissioners' standing to bring a lawsuit against Dominion Voting Systems.
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July 08, 2025
Fed. Circ. Won't Revive EcoFactor Thermostat Patent Claims
The Federal Circuit on Tuesday refused to revive a series of EcoFactor Inc. patents related to energy-efficient smart thermostats, backing Patent Trial and Appeal Board findings that Google showed the patents were invalid.
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July 08, 2025
After Conviction Upheld, Bridge Fraudster Gets Time Served
A government contractor whose wire fraud conviction was upheld by the U.S. Supreme Court was resentenced to time served in Pennsylvania federal court on Tuesday.
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July 08, 2025
Calif. Justices Say Elected Officials Lack Whistleblower Shield
California elected officials are not covered by the state's whistleblower protections because they don't fall under the definition of employees, the California Supreme Court ruled, affirming a state appeals court decision to nix a retaliation suit from the City of Inglewood's former elected treasurer.
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July 08, 2025
NLRB Defends Multiemployer Talks Ruling At 6th Circ.
The Sixth Circuit must uphold a National Labor Relations Board decision dinging a construction company for unlawfully locking out workers to make their union negotiate, the board argued, saying it correctly interpreted nearly 70-year-old agency precedent about withdrawing from multiemployer bargaining.
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July 08, 2025
US Supreme Court Term In Review: What You Need To Know
The U.S. Supreme Court considered many significant legal issues this term, including the proper venue for challenging agency actions and the level of scrutiny courts should apply to bans on gender-affirming care for transgender minors. But the emergency docket and a decision limiting nationwide injunctions loomed large. Here, Law360 takes a look at the cases and those who litigated them, as well as the sharpest writings from the justices.
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July 08, 2025
11th Circ. Says Circumstantial Proof Backs Gun Conviction
The Eleventh Circuit affirmed a 51-month sentence against a man who was convicted of possession of a firearm while he was a convicted felon, saying the circumstantial evidence in the case was enough to sustain the verdict.
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July 07, 2025
6th Circ. Affirms Toss Of 'Que Sera, Sera' Writer's Family Spat
The Sixth Circuit Monday refused to revive a royalties spat between the granddaughter and daughter of Jay Livingston, the late Oscar-winning co-songwriter of "Que Sera, Sera," saying in a published opinion that the granddaughter failed to plausibly allege that her mom's bids to terminate copyright grants were invalid.
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July 07, 2025
9th Circ. Backs Sanctions For Jehovah's Witnesses' Atty
The Ninth Circuit Monday upheld nearly $160,000 in sanctions against the general counsel for a Jehovah's Witnesses group accused of submitting a misleading affidavit to a Montana federal court in litigation brought by women alleging they endured sexual assault as children at the hands of church officials.
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July 07, 2025
Calif. Justices Disbar SF Atty For Defrauding Elderly Client
The California Supreme Court has ordered the disbarment of a San Francisco lawyer who authorities say overcharged an elderly trust account client with advanced dementia, finding that he "repeatedly failed to uphold the most basic duties of an attorney" and is "unfit to serve as a member of the bar."
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July 07, 2025
Bar Urges NC Court To Affirm Exit From Shooting Suit
A Charlotte-based bar told a North Carolina state appeals court that it bears no blame for a man's fatal shooting at another restaurant, arguing its staff couldn't have foreseen the attack even if they supposedly overserved the shooter hours earlier.
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July 07, 2025
Fla. Panel Upholds Tossing Suit To Unseat Miami Official
A Florida state appellate court on Monday declined to reinstate a lawsuit two property developers filed in their effort to forcibly remove a Miami commissioner via the city's charter after a federal jury ruled he was liable for violating civil rights, saying the developers lacked standing.
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July 07, 2025
Annoyed Fed. Circ. Judge Unsure Where To Land In Drug Row
An irascible Federal Circuit judge chewed out both sides of the aisle Monday morning during arguments over a generic endocrine disorder drug, and although she accused one attorney of "beating a straw man to death," the judge said she still wasn't sure how she would decide the appeal.
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July 07, 2025
5th Circ. Says Apple Didn't Suppress Union In NYC
The Fifth Circuit on Monday reversed the National Labor Relations Board's ruling that Apple illegally interrogated a leader of a Manhattan store organizing campaign and confiscated union flyers, saying the manager's questions were benign and the confiscations were routine tidying.
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July 07, 2025
Fed. Circ. Digs Into Domestic Industry For Apple Watch Appeal
A Federal Circuit panel on Monday struggled with how to meet domestic industry requirements needed for the U.S. International Trade Commission to issue import bans, as it evaluated the agency's high-profile decision to keep certain Apple Watches out of the U.S.
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July 07, 2025
Pittsburgh Post-Gazette Says NLRB Can't Dictate Business
The publisher of the Pittsburgh Post-Gazette told the Third Circuit Monday that the National Labor Relations Board was impermissibly dictating business decisions for the struggling newspaper when it ruled the paper's contract proposals were unacceptable and made in bad faith.
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July 07, 2025
Ioengine Wants Fed. Circ. To Rethink IPR Estoppel Ruling
Ioengine LLC on Monday urged the Federal Circuit to rethink a panel's decision backing a jury's invalidation of its flash drive patents for being publicly available, saying the decision would upend a balance meant to protect patent owners against repetitive legal attacks.
Expert Analysis
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Fed's Crypto Guidance Yank Could Drive Innovation
The Federal Reserve Board's recent withdrawal of guidance letters brings regulatory consistency and broadens banks' ability to innovate in the crypto-asset space, but key distinctions remain between the Fed's policy on crypto liquidity and that of the other banking regulators, says Dan Hartman at Nutter.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Statistics Tools Chart A Path For AI Use In Expert Testimony
To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.
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High Court Birthright Case Could Reshape Judicial Power
Recent arguments before the U.S. Supreme Court in cases challenging President Donald Trump’s birthright citizenship executive order primarily focused on federal judges’ power to issue nationwide injunctions and suggest that the upcoming decision may fundamentally change how federal courts operate, says Mauni Jalali at Quinn Emanuel.
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Ore. High Court Ruling Widens Construction Defect Coverage
A recent Oregon Supreme Court decision, Twigg v. Admiral Insurance, dispels the myth that a contractor's liability for defective work is uninsurable if pursued as a breach of contract, say attorneys at Stoel Rives.
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Justices Hand Agencies Broad Discretion In NEPA Review
By limiting the required scope of reviews under the National Environmental Policy Act, the U.S. Supreme Court's recent ruling in Seven County Infrastructure Coalition v. Eagle County could weaken the review process under NEPA, while also raising questions regarding the degree of deference afforded to agencies, say attorneys at Foley Hoag.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Appellate Guidance Needed On California Chatbot Litigation
There is wide variation in how courts are applying the California Invasion of Privacy Act against website owners that allegedly help third parties spy on visitors via chatbots — and the lack of appellate rulings creates uncertainty, especially as these cases move toward the summary judgment stage, say attorneys at Crowell & Moring.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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The Sentencing Guidelines Are Commencing A New Era
Sweeping new amendments to the U.S. sentencing guidelines — including the elimination of departure provisions — intended to promote transparency and individualized justice while still guarding against unwarranted disparities will have profound consequences for all stakeholders, say attorneys at Blank Rome.
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Justices Widen Gap Between Federal, Calif. Enviro Reviews
While the U.S. Supreme Court's recent opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado, narrowed the scope of National Environmental Policy Act reviews, it may have broadened the gulf between reviews conducted under NEPA and those under the California Environmental Quality Act, say attorneys at Hanson Bridgett.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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Foreign Sovereign Entities Should Heed 9th Circ. IP Ruling
After the Ninth Circuit recently held that four Chinese state-controlled companies were not immune from criminal indictment for alleged economic espionage, foreign sovereign-controlled entities should assess whether their operations and affiliation with their parent states qualify for sovereign immunity under the common law, say attorneys at Cleary.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Opinion
9th Circ. Shopify Decision Gets Personal Jurisdiction Wrong
The Ninth Circuit's recent opinion in Briskin v. Shopify, rejecting the differential targeting requirement for personal jurisdiction, not only deviates from long-standing jurisprudence, but it also significantly expands the reach of internet-based claims under California law, says Matthew Pearson at Womble Bond.