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Appellate
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December 09, 2025
Ex-Bankruptcy Judges Urge High Court To End Estoppel Rule
Five retired bankruptcy judges are asking the U.S. Supreme Court to overturn a Fifth Circuit ruling blocking a debtor from pursuing litigation he failed to disclose in his bankruptcy case, saying the panel applied stricter standards than most circuits and the high court itself.
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December 09, 2025
Democrats Push For $1.76B To Fix Defender Budget Shortfall
Almost 50 Democratic lawmakers are urging congressional appropriators to fix the long-standing budget shortfall for federal defenders in the upcoming full-year budget.
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December 09, 2025
3rd Circ. Won't Let Post-Gazette Duck Benefits Injunction
A Third Circuit panel is standing by its decision to let an injunction against the Pittsburgh Post-Gazette remain active while the newspaper appeals, saying it won't reconsider its Nov. 24 refusal to stay an injunction requiring the paper to restore its workers' pre-2020 benefits.
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December 09, 2025
TTAB Rejection Of 'Kahwa' TM Reversed By Fed. Circ.
The Federal Circuit on Tuesday reversed the U.S. Patent and Trademark Office's rejection of a trademark registration for cafes called "Kahwa," saying just because it refers to a Central Asian green tea drink doesn't mean it's too generic to register as a trademark.
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December 09, 2025
No Wrongdoing By County In Valuation Row, Md. Court Says
A Maryland man failed to exhaust his administrative remedies or show that county authorities committed constitutional violations when he appealed his property's valuation, the Appellate Court of Maryland said, affirming a lower court decision.
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December 09, 2025
Fed. Circ. Nixes Challenges To 'Settled Expectations' Rule
The Federal Circuit on Tuesday rejected challenges by both Cambridge Industries USA Inc. and Sandisk Technologies Inc. to the U.S. Patent and Trademark Office's policy that patent reviews can be denied based on the owner's "settled expectations" due to the patent's age.
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December 08, 2025
USDA Appealing Chilean Grape Fumigation Decision
The U.S. Department of Agriculture is appealing a D.C. federal judge's decision vacating a 2024 rule change that allowed Chilean table grapes to be imported into the country even if they hadn't been fumigated with methyl bromide to kill pests.
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December 08, 2025
Inari Loses Fed. Circ. Bid To Save Corn Seed Patent Review
The Federal Circuit Monday rejected Inari Agriculture's mandamus petition claiming the Patent Trial and Appeal Board used an unfairly high standard when denying its request for post-grant review of a Corteva Inc. unit's patent.
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December 08, 2025
8th Circ. Says Video Privacy Law Doesn't Bind Movie Theaters
The Eighth Circuit on Monday became the latest court to conclude that movie theaters don't qualify as businesses that are covered by the federal Video Privacy Protection Act, in affirming the rejection of a proposed class action accusing the regional movie chain Cinema Entertainment of illegally sharing website visitors' video viewing activities with Meta.
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December 08, 2025
Apple Gets Fed. Circ. To OK Axed Mobile Wallet Patent
The Federal Circuit on Monday issued a one-word order affirming a Patent Trial and Appeal Board decision invalidating claims in a virtual wallet patent challenged by Apple and owned by Mozido, the predecessor of Fintiv Inc.
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December 08, 2025
5th Circ. Blocks Arbitration In Hurricane Coverage Case
The Fifth Circuit on Monday overturned a lower court order compelling a southern Louisiana town to arbitrate a dispute over coverage for hurricane damage in light of a state law that expressly prohibits arbitration agreements for insurance contracts.
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December 08, 2025
7th Circ. Mulls Vagueness Of Ill. DOC's Use-Of-Force Rule
A Seventh Circuit judge said Monday that it wasn't the court's job to determine if three fired prison guards violated their employer's use-of-force rule during their violent encounter with a prisoner, and that the court's review was limited to whether the Illinois Department of Corrections imposed an unconstitutionally vague policy.
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December 08, 2025
11th Circ. Vacates Benefits Ruling In Black Lung Case
The Eleventh Circuit on Monday vacated a ruling that awarded survivors benefits to the widow of a railroad engineer who died after yearslong exposure to coal dust, finding the U.S. Department of Labor review board wrongly determined that a preparation plant was part of an underground coal mine.
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December 08, 2025
Conservative Justices Probe 'Husk' Of FTC Firing Protections
The U.S. Supreme Court's conservative majority pushed back Monday against the 90-year-old precedent permitting the removal only for cause of Federal Trade Commission members, and perhaps those serving other independent agencies, calling those safeguards a "dried husk" and wondering where to draw the line for protected agencies.
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December 08, 2025
2nd Circ. Doubts Ex-Basketball Players' NIL Claims Are Timely
A Second Circuit panel on Monday persistently pushed the attorney for former college basketball players to explain why the players waited so long to claim the unpaid use of their images by the NCAA, years after their careers had ended.
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December 08, 2025
1st Circ. Keeps Planned Parenthood Funding Ban In Place
The First Circuit on Monday issued an administrative stay that temporarily keeps in place a ban on Medicaid funding for Planned Parenthood, pausing a lower court's ruling.
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December 08, 2025
'Known Dangers' Of Driving Don't Merit $76M, Texas Court Says
A split Texas appellate court did away with a $76 million judgment against a company whose driver rear-ended the vehicle of a woman who later died, saying the woman's estate failed to show the company's negligence caused the wreck.
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December 08, 2025
Colo. Supreme Court Sets New Anti-SLAPP Test
Colorado's high court issued an opinion Monday creating a two-step analysis for judges to conduct when evaluating anti-SLAPP motions to dismiss in defamation cases after issuing a ruling against a Colorado Springs-based veterinary clinic suing two women who published negative reviews about it on social media.
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December 08, 2025
Fed. Circ. Won't Revive Express Mobile's Patents Or $40M Win
The Patent Trial and Appeal Board rightfully invalidated claims of three Express Mobile web-design patents, and a Delaware federal judge properly found Shopify didn't infringe additional, related patents, the Federal Circuit held Monday.
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December 08, 2025
7th Circ. Questions Popcorn Shop Director's Retaliation Proof
A Seventh Circuit panel appeared doubtful Monday that a former assistant research and development director for Chicago's iconic Garrett Popcorn Shops had enough direct evidence to try to convince a jury that lodging several federal food safety complaints led to her termination.
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December 08, 2025
Trump Admin Backs Exxon In Cuba Property Seizure Case
The Trump administration is pressing the U.S. Supreme Court to rule in favor of Exxon Mobil Corp. and find that a federal law allowing U.S. victims of property seizures by the Cuban government to seek damages from entities that subsequently used the property abrogates the sovereign immunity of Cuban agencies and instrumentalities.
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December 08, 2025
DC Circ. Highly Skeptical It Has Jurisdiction In Eviction Fight
The D.C. Circuit did not seem at all convinced Monday morning that it had jurisdiction over an eviction dispute that the owner of a multifamily property in Washington, D.C., pulled into federal court after being accused of wrongfully seizing a unit while the tenant was hospitalized.
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December 08, 2025
4th Circ. Backs EIDP In Dispute Over Annuity Reductions
The Fourth Circuit backed agricultural chemical giant EIDP Inc. and its retirement plan administrator in a Monday opinion, finding that unambiguous contract language doomed the revival of a lawsuit from a retired employee who said his monthly benefit was unfairly reduced.
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December 08, 2025
Mich. Justices To Probe Cyberbullying Free Speech Defense
The Michigan Supreme Court has taken up the appeal of a woman who contends her cyberbullying conviction should be thrown out because her messages were constitutionally protected speech.
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December 08, 2025
Mosaic Says 'Radioactive' Road Done, Legal Challenge Moot
A Florida fertilizer producer asked the Eleventh Circuit to toss a lawsuit challenging a new roadway on its property using radioactive materials, arguing the court cannot provide any remediation or relief for a road it already constructed.
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.