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Appellate
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October 03, 2025
6th Circ. Says FirstEnergy's Bribery Probe Docs Are Privileged
The Sixth Circuit on Friday vacated a district court's order forcing FirstEnergy to disclose to investors its internal investigation materials amid a $1 billion bribery scandal involving an Ohio lawmaker, ruling that the materials were "clearly" protected by the attorney-client privilege and work-product doctrine.
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October 03, 2025
Lost Mail No Excuse, 3rd Circ. Rules When Ending Suit
A woman's slip-and-fall lawsuit against the U.S. Postal Service was properly ended as untimely, the Third Circuit ruled on Friday, rejecting arguments that the carrier failed to deliver a critical notice to the plaintiff's attorney, causing the suit to be filed late, and ruling that the government's only responsibility was to mail the letter.
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October 03, 2025
10th Circ. Rules Modoc Nation's Ex-AG Not Immune From Suit
The Tenth Circuit said Friday that the Modoc Nation's former attorney general isn't entitled to immunity in the Oklahoma tribe's $14.6 million racketeering lawsuit against a computer management company, ruling the ex-official "is the real party in interest."
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October 03, 2025
Would-Be Kavanaugh Assassin Gets 8 Years In Prison
A Maryland federal judge on Friday handed an eight-year prison sentence plus a lifetime of supervised release to a Californian accused of trying to kill U.S. Supreme Court Justice Brett Kavanaugh, rejecting prosecutors' request that the defendant spend at least 30 years behind bars.
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October 03, 2025
4 Top Supreme Court Cases To Watch This Term
After a busy summer of emergency rulings, the U.S. Supreme Court will kick off its October 2025 term Monday with only a few big-ticket cases on its docket — over presidential authorities, transgender athletes and election law — in what might be a strategically slow start to a potentially momentous term. Here, Law360 looks at four of the most important cases on the court's docket so far.
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October 03, 2025
11th Circ. Upholds Robbery Convictions Despite Lawyer Errors
The Eleventh Circuit agreed Friday that a man serving 26 years in prison for a string of Walmart robberies received ineffective counsel at trial but declined to overturn his conviction, citing the "mountain of evidence against him" it said would likely have secured his conviction regardless.
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October 03, 2025
Press Freedom Org. Backs Overturn Of SEC 'Gag Rule'
The Freedom of the Press Foundation is urging the Ninth Circuit to reconsider its decision to uphold the U.S. Securities and Exchange Commission's "gag rule," arguing that preventing settling parties from speaking out harms the public's right to know what is happening inside the agency.
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October 03, 2025
6th Circ. Will Hear Ohio PBM Fight Arguments In December
The Sixth Circuit will hear arguments from the state of Ohio and the pharmacy benefit managers it's accusing of colluding to raise the price of prescription medications in December to decide whether the matter belongs in state or federal court.
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October 03, 2025
Justices To Confront Divisive Cases On Rights, Power, Liberty
The U.S. Supreme Court is poised to confront a slate of divisive issues in its upcoming term that begins Monday, with voting rights, transgender equality, religious freedom, immigration detention, and criminal procedure all on the docket.
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October 03, 2025
Ga. Panel Orders Retrial Over $1.5M Land Seizure Verdict
The Georgia Court of Appeals has granted the state Department of Transportation's bid for a new trial after it was hit with a $1.5 million verdict over land it condemned from a family farm, ruling that a state court jury relied on impermissible speculation about the property's potential value.
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October 03, 2025
Paltalk Urges Albright To Revive $65.7M Cisco Patent Verdict
Paltalk Holdings wants U.S. District Judge Alan Albright to revisit his decision wiping out an over $65.7 million verdict in its favor against Cisco Systems Inc. and ordering a new trial on damages in the patent infringement case, saying the verdict was backed by enough evidence.
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October 03, 2025
High Court Broker Negligence Case 'Pivotal' For Trucking
The U.S. Supreme Court grabbed an opportunity to smooth out splintered circuit court rulings on whether freight brokers might also be liable for roadway accidents that have killed or injured people, potentially providing long-sought clarity to middlemen in a trucking and logistics sector unnerved by recent supersized verdicts against carriers and drivers.
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October 03, 2025
Vape Cos. Tell 5th Circ. FDA Erred On Flavored E-Cigs
Multiple vaping companies told the Fifth Circuit that the U.S. Food and Drug Administration overstepped its authority when it blocked approval of their flavored e-cigarettes since it skipped a full review of the available information, including the regulator's own survey data showing that minors aren't using them.
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October 03, 2025
11th Circ. Pushes Forward Fla.'s ACA Trans Health Appeal
The Eleventh Circuit resolved a jurisdictional question that will allow Florida to continue pursuing its challenge against Biden-era policies impacting Affordable Care Act coverage for gender-affirming care.
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October 03, 2025
Jewish Committee Backs Tribes' High Court Voting Challenge
The American Jewish Committee is backing two North Dakota tribes in their Supreme Court bid to undo an Eighth Circuit voting rights order, telling the justices the guiding principle of any democracy is that the government needs to make it easy to cast a ballot.
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October 03, 2025
2nd Circ. Erases Injunction In Pet Supplement False Ad Fight
The Second Circuit on Friday undid a lower court order blocking Zesty Paws from billing itself in ads as the top U.S. pet supplement brand, saying it didn't apply the proper standard correctly.
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October 03, 2025
Full 6th Circ. Skips Free Speech Row Over Drone Hunting Ban
The Sixth Circuit on Friday declined to reconsider whether Michigan's ban on the use of drones for hunting violates the right to free speech, finding the issue was already covered in an earlier ruling, but warning the case could raise bigger First Amendment concerns in the future.
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October 03, 2025
Justices Again Clear Trump To Scrap TPS For Venezuelans
The U.S. Supreme Court for a second time cleared the Trump administration to undo temporary protected status designations for hundreds of thousands of Venezuelans, despite lower court rulings concluding it acted unlawfully, sparking a fierce dissent by Justice Ketanji Brown Jackson.
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October 03, 2025
DC Circ. Nixes Enforcement Of $156M India Award
The D.C. Circuit on Friday ordered a lower court to reconsider defenses raised by India as it fights efforts by Deutsche Telekom AG to enforce a nearly $156 million arbitral award against the country over a nixed satellite lease and telecommunications deal, including whether the dispute belonged in arbitration.
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October 03, 2025
Fed. Circ. Sinks Advocacy Groups' Bid For PTAB 'Veto' Rule
The Federal Circuit on Friday affirmed a lower court's rejection of efforts by advocacy groups to create a "veto" for small-business patent owners defending themselves at the Patent Trial and Appeal Board, saying in a precedential decision that the groups lacked standing.
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October 03, 2025
Pa. Supreme Court Snapshot: Silent Witness, Corporate Veil
When its October session launches Tuesday, the Pennsylvania Supreme Court will consider issues such as the time limits on long-hidden crimes and long-undiscovered construction flaws, along with witnesses who say nothing on the stand and experts who opine on manner of death.
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October 03, 2025
Mich. Justices Send Anti-Muslim Bias Case To Appeals Court
Michigan's highest court has thrown out a ruling sending to arbitration an airline worker's claims he was the target of anti-Arab and anti-Muslim comments at work in light of a change in how courts in the Great Lakes State enforce employment contracts.
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October 03, 2025
9th Circ. Reopens Circle K Age Bias Suit Over Promotion
The Ninth Circuit on Friday revived a lawsuit alleging that Circle K passed over three former employees for promotion because they were in their 50s, saying the trial court was wrong to fault the workers for not applying to the job when the company never advertised the opening.
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October 03, 2025
Del. Justices Uphold Toss Of Ad Co. Note Conversion Claim
With little discussion, a Delaware Supreme Court panel on Friday affirmed on appeal a Court of Chancery decision that advertising tech company Vistar Media Inc. had a right to cash out millions' worth of matured investor notes over noteholder objections.
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October 03, 2025
11th Circ. Backs Royalties Firm In Hip-Hop Payouts Dispute
The Eleventh Circuit on Friday affirmed a win for a music royalties firm in a case brought against one of the members of the '90s hip-hip duo Black Sheep for allegedly breaching his contract.
Expert Analysis
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Shareholder Takeaways From NY Internal Affairs Doctrine Suit
A May New York Court of Appeals decision in Ezrasons v. Rudd involving Barclays — affirming the state's "firmly entrenched" internal affairs doctrine — is a win for all corporate stakeholders seeking stability in resolving disputes between shareholders and directors and officers, say attorneys at Sadis & Goldberg.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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3 Rulings May Reveal Next Frontier Of Gov't Contract Cases
Several U.S. Supreme Court decisions over the past year — involving wire fraud, gratuities and obstruction — offer wide-ranging and arguably conflicting takeaways for government contractors that are especially relevant given the Trump administration’s focus on diversity, equity and inclusion initiatives, say attorneys at Rogers Joseph.
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NCAA Settlement Kicks Off New Era For Student-Athlete NIL
A landmark settlement stemming from 15 years of litigation between schools and the NCAA reflects a major development in college athletics by securing compensation for usage of student-athletes' names, images and likenesses, and schools hoping to take advantage of new opportunities should take proactive steps to comply with new rules, say attorneys at Manatt.
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7th Circ. Insurance Ruling Resolves Major Jurisdictional Issue
The Seventh Circuit recently confirmed in StarStone Insurance v. Chicago that attorney fees and costs paid as part of a settlement are covered — while unexpectedly raising and answering a question of first impression about federal jurisdiction over foreign entities, says Lara Langeneckert at Barnes & Thornburg.
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DOJ May Rethink Banning Firearms For Marijuana Users
In light of various federal circuit court decisions and an executive order from President Donald Trump, U.S. Department of Justice enforcement policy now may be on the verge of changing decidedly in favor of marijuana users' gun rights, and could foreshadow additional marijuana-friendly reforms, says Jacob Raver at Dentons.
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EDNY Ruling May Limit Some FARA Conspiracy Charges
Though the Eastern District of New York’s recent U.S. v. Sun decision upheld Foreign Agents Registration Act charges against a former aide to New York Gov. Kathy Hochul, its recognition of an affirmative legislative policy to exempt some officials may help defendants charged with related conspiracies, say attorneys at ArentFox Schiff.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Fla. Workers' Comp Ruling Ups Bar For Emotional Injury Suits
A Florida appellate court’s recent opinion in Steak 'N Shake v. Spears requires that employees solely claiming emotional distress seek workers’ compensation before suing their employers, closing a potential loophole and reducing the potential proliferation of such disputes in Florida courts, says Rob Rogers at Kirwin Norris.
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Contract Disputes Recap: Spearin, Overpayments, Jurisdiction
Edward Arnold at Seyfarth examines three recent decisions addressing the limits of the Spearin doctrine in design-build contracts, the government's ability to recoup overpayments after a termination for convenience, and the Contract Disputes Act's strict and nonwaivable jurisdictional rules.
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What Calif. Appeals Split Means For Litigating PAGA Claims
After two recent California state appeals court rulings diverged on whether a former employee with untimely individual claims under the Private Attorneys General Act can maintain a representative action, practitioners' strategic agility will be key to managing risk and achieving favorable outcomes in PAGA litigation, say attorneys at Buchalter.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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NY Case Shows How LLC Agreements Can Be Amended
The New York Court of Appeals in Behler v. Tao recently held that a merger clause contained in an amended limited liability company agreement superseded and extinguished an alleged oral agreement between the parties, highlighting the importance of determining early how and when an LLC agreement may be amended, says Kerrin Klein at Olshan Frome.
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If Justices Accept, Maxwell Case May Clarify Meaning Of 'US'
If the U.S. Supreme Court agrees to take up Ghislaine Maxwell’s appeal, it could clarify the meaning of “United States” in the context of plea agreements, and a plain language interpretation of the term would offer criminal defendants fairness and finality, say attorneys at Kudman Trachten.
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The State Of Play In Copyright Protection For Floor Plans
With questions over copyright protections for floor plans potentially teed up in front of the U.S. Supreme Court, attorneys in the real estate industry should take steps to clarify and strengthen clients' rights and reduce the risk of litigation, says Dylan I. Scher at Quinn Emanuel.