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Appellate
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July 02, 2025
Wisconsin High Court Narrowly Blocks 1849 Abortion Ban
The Wisconsin Supreme Court on Wednesday narrowly struck down an 1849 statute criminalizing abortion, finding that the law has been effectively replaced by more modern legislation regulating the procedure.
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July 01, 2025
Racist Jury Selection Affords Ala. Death Row Inmate New Trial
A Black man sentenced to death by the state of Alabama for murdering a sheriff has been granted a new trial by the Eleventh Circuit, which found that the state violated his constitutional right to equal protection by habitually eliminating potential Black jurors from cases like his in a discriminatory manner.
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July 01, 2025
NYT Says Palin Can't Get New Defamation Trial, Recusal
The New York Times urged a New York federal judge to refuse Sarah Palin's request for a new trial and judge after a jury rejected her defamation claims over a 2017 editorial, saying her arguments misunderstood circuit court rulings in the long-running case and skipped a procedural bar.
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July 01, 2025
Illinois Court Orders Additional Look At Shooting Conviction
An appeals court in Illinois has ruled that a man accused of committing a drive-by shooting in Chicago must be given a second chance at a postconviction petition because his counsel had not properly made arguments about evidence that could exonerate him.
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July 01, 2025
4th Circ. Backs Order To Release Georgetown Academic
The Fourth Circuit on Tuesday denied the Trump administration's attempt to halt a Virginia federal court order requiring it to release a Georgetown University fellow from immigration detention, rejecting the government's claim that his lawsuit was filed in the wrong venue.
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July 01, 2025
9th Circ. Won't Revive Detainee's CIA Torture Suit
A Washington federal judge was right to dismiss a Guantánamo Bay detainee's tort claims against two psychologists who helped the CIA pioneer so-called enhanced interrogation techniques on him after the Sept. 11, 2001, terrorist attacks, a Ninth Circuit panel ruled.
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July 01, 2025
Valve Can't Sue Firms Over Alleged Gamer Arbitration Scheme
Valve Corp. cannot sue two law firms over a purported scheme to manipulate arbitration pacts between the video game seller and its customers, a Washington state appellate court has ruled, recognizing that the firms are shielded from liability because their actions were part of their work representing the consumers.
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July 01, 2025
Supreme Court Taps Latham Atty In Campaign Spending Case
The U.S. Supreme Court has turned to Latham & Watkins LLP's Roman Martinez to defend caps on coordinated campaign spending as amicus counsel in a case on tap for next term.
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July 01, 2025
4th Circ. Urged To Rethink Decision Affirming $8M KBR Award
A Kuwaiti construction company wants the Fourth Circuit to reconsider whether it missed a deadline to seek vacatur of an $8 million arbitral award favoring Kellogg Brown & Root International Inc. in a dispute over a U.S. Army contract, arguing Monday that its decision creates an "unworkable" rule.
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July 01, 2025
5th Circ. Backs Dallas Short-Term Lending Ordinance
The Fifth Circuit denied a short-term lender's request for a court order blocking a Dallas city ordinance that created new hurdles for lenders, saying Tuesday the short-term lender did not demonstrate that the ordinance would shut down the industry.
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July 01, 2025
DC Circ. Tosses Mich. Utility's Grid Upgrade Challenge
A D.C. Circuit panel Tuesday upheld the Federal Energy Regulatory Commission's refusal to grant a Michigan transmission owner sole ownership of grid upgrades needed to serve a Michigan solar farm, rejecting arguments that existing agreements guaranteed it full ownership rights.
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July 01, 2025
DC Circ. OKs Trump Firing Of Privacy Board Dems, For Now
The D.C. Circuit on Tuesday halted a lower court's order that blocked the Trump administration from firing two Democratic members of the Privacy and Civil Liberties Oversight Board, suggesting in a per curiam order that members of the oversight board lacked adjudicatory functions that could shield them from termination.
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July 01, 2025
5 Federal Circuit Clashes To Watch In July
The Federal Circuit's argument calendar this month includes Apple's bid to undo a ruling that caused a blood oxygen monitor feature to be pulled from the Apple Watch, and a challenge by Sonos to a decision that torpedoed its $32.5 million speaker patent verdict against Google.
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July 01, 2025
Apple Backers Raise Price, Privilege Concerns At 9th Circ.
Trade groups and advocacy organizations have raised a series of concerns with the Ninth Circuit about a federal district court mandate blocking Apple from charging commissions on iPhone app purchases made outside its systems, arguing an Epic Games Inc. injunction redux improperly compels speech, imperils price-setting autonomy and threatens legal privilege.
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July 01, 2025
DC Circ. Says NLRB Rightly Axed Claim Of Union Betrayal
A split D.C. Circuit has upheld the National Labor Relations Board's dismissal of allegations that a transportation union betrayed a member by suggesting that he be fired after a spat with a co-worker, with the majority saying Tuesday that the NLRB properly determined that the suggestion wasn't serious.
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July 01, 2025
ACLU Wants To Oppose Ex-Yale Student's Defamation Suit
Saying the issue is too important to sit out, the ACLU's Connecticut litigation arm and other nonprofits have asked a state appeals court's permission to file a friend-of-court brief to support different organizations that filed a rejected amicus brief in a separate case and were sued for defamation.
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July 01, 2025
4th Circ. Affirms CVS Win In Vaccine Injury Suit
CVS Pharmacy can't be held liable for the chronic neurological injuries a woman suffered due to the allegedly improper injection of two vaccines, the Fourth Circuit ruled Tuesday in a published opinion, noting that federal law shields the company for one of the shots, and it's unclear which caused the harm.
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July 01, 2025
The Sharpest Dissents From The Supreme Court Term
The term's sharpest dissents often looked beyond perceived flaws in majority reasoning to raise existential concerns about the role and future of the court, with the justices accusing one another of rewarding executive branch lawlessness, harming faith in the judiciary and threatening democracy, sometimes on an emergency basis with little briefing or explanation.
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July 01, 2025
Full Fed. Circ. Rejects Mylan Rehearing Bid In Patent Case
The full Federal Circuit on Tuesday shot down Mylan's request for the court to reconsider a March ruling that the company's planned generic version of schizophrenia drug Invega Trinza would cause physicians to infringe a Janssen patent.
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July 01, 2025
Calif. Panel Backs Warner Bros.' Win In Writer's Film Theft Suit
A California appeals court refused to revive a writer's lawsuit alleging Warner Bros.' film "Life of the Party" was a "cinematic clone" of her concept about a mother going to college with her daughter, ruling Monday the evidence shows the film was independently created without knowledge of the plaintiff's ideas.
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July 01, 2025
Mich. Judge Probes Conflict In Ex-GC's Whistleblower Suit
A Michigan appellate judge Tuesday pressed an attorney representing a town's former general counsel for proof that his client was fired for reporting what he described as corruption, suggesting his role as both human resources director and general counsel may have created inherent conflicts justifying the dismissal.
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July 01, 2025
All Eyes On Congress After FCC Subsidy's High Court Win
Supporters of the Federal Communications Commission's subsidies for phone and broadband service notched a clear win at the U.S. Supreme Court last week when justices upheld the Universal Service Fund's levy on telecom companies, but lawmakers now face pressure to beef up the $9 billion program's revenue sources.
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July 01, 2025
RI Urges 1st Circ. To Toss Challenge To Pot License Regs
Rhode Island marijuana regulators told the First Circuit on Tuesday that a lower court federal judge was correct to toss a constitutional challenge to the state's cannabis regulations, which had not yet been published when the lawsuit was initially filed.
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July 01, 2025
Justices Face Busy Summer After Nixing Universal Injunctions
The U.S. Supreme Court's decision to limit nationwide injunctions was one of its biggest rulings of the term — a finding the court is likely going to be dealing with all summer. Here, Law360 takes a look at the decision, how it and other cases on the emergency docket overshadowed much of the court's other work, and what it all means for the months to come.
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July 01, 2025
Hurricane Beryl Lawsuits Combined Into MDL
The Texas Multi-District Litigation Panel has agreed to consolidate cases stemming from a July 2024 hurricane into an MDL.
Expert Analysis
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How Mass Arbitration Defense Strategies Have Fared In Court
As businesses face consumers who leverage arbitration agreements to compel mass arbitration, companies are trying defense strategies like batching arbitration cases to reduce costs, and escaping specific mass arbitrations without rejecting the process completely, with varying results in the courtroom, say attorneys at Montgomery McCracken.
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FTC Focus: Interlocking Directorate Enforcement May Persist
Though the Federal Trade Commission under Chair Andrew Ferguson seems likely to adopt a pro-business approach to antitrust enforcement, his endorsement of broader liability for officers or directors who illegally sit on boards of competing corporations signals that businesses should not expect board-level antitrust scrutiny to slacken, says Timothy Burroughs at Proskauer.
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How Cos. Can Navigate Risks Of New Cartel Terrorist Labels
The Trump administration’s recent designation of eight drug cartels as foreign terrorist organizations gives rise to new criminal and civil liabilities for companies that are unwittingly exposed to cartel activity, but businesses can mitigate such risks in a few key ways, say attorneys at Steptoe.
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Mass. Suit Points To New Scrutiny For Home Equity Contracts
The Massachusetts attorney general’s recent charge that a lender sold unregulated reverse mortgages shows more regulators are scrutinizing mortgage alternatives like home equity contracts, but a similar case in the Ninth Circuit suggests more courts need to help develop a consensus on these products' legality, say attorneys at Weiner Brodsky.
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Bid Protest Spotlight: Size, Supply Schedules, SINs
In this month's bid protest roundup, Alissandra McCann at MoFo examines three recent decisions, two of which offer helpful reminders for U.S. General Services Administration schedule holders drafting blanket purchase agreement proposals, and one for small-business joint ventures to avoid running afoul of the U.S. Small Business Administration's two-year rule.
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4th Circ. Latest To Curb Short-Seller Usage In Securities Suits
The Fourth Circuit's recent decision in Defeo v. IonQ will serve as a powerful and persuasive new precedent for corporate defendants as courts continue curtailing securities class action plaintiffs' use of short-seller reports to plead federal securities law claims, say attorneys at Alston & Bird.
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Perspectives
Reading Tea Leaves In High Court's Criminal Law Decisions
The criminal justice decisions the U.S. Supreme Court will announce in the coming weeks will reveal whether last term’s fractured decision-making has continued, an important data point as the justices’ alignment seems to correlate with who benefits from a case’s outcome, says Sharon Fairley at the University of Chicago Law School.
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8 Strategies For Proving The Laws Of Foreign Countries
A recently decided case in Virginia federal court highlighted some of the pitfalls surrounding expert testimony on foreign law, but certain strategies are available to counsel to circumvent these dilemmas, say attorneys at Arnold & Porter.
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$38M Law Firm Settlement Highlights 'Unworthy Client' Perils
A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.
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Hints Of Where Enforcement May Grow Under New CFPB
Though the Consumer Financial Protection Bureau has significantly scaled back enforcement under the new administration, states remain able to pursue Consumer Financial Protection Act violators and the CFPB seems set to enhance its focus on predatory loans to military members and fraudulent debt collection and credit reporting practices, say attorneys at MoFo.
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Series
Teaching Business Law Makes Me A Better Lawyer
Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.
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Jurisdictional Issues At Play In 9th Circ.'s FCA Trade Case
A decision by the Ninth Circuit in Island Industries v. Sigma Corp. could result in the U.S. Court of International Trade’s exclusive jurisdiction over trade-related FCA cases, a big shift in the enforcement landscape just as tariffs take center stage in trade policy, say attorneys at Haynes Boone.
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Deregulation Memo Presents Risks, Opportunities For Cos.
A recent Trump administration memo providing direction to agencies tasked with rescinding regulations under an earlier executive order — without undergoing the typical notice-and-review process — will likely create much uncertainty for businesses, though they may be able to engage with agencies to shape the regulatory agenda, say attorneys at Blank Rome.
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4th Circ. 'Actionable Inaccuracy' Finding Deepens FCRA Split
The Fourth Circuit's March finding in Roberts v. Carter-Young Inc. that an actionable inaccuracy under the Fair Credit Reporting Act can be both legal and factual widens an existing circuit split and should prompt furnishers to review their processes for investigating readily verifiable information, say attorneys at Blank Rome.
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Series
Law School's Missed Lessons: Mastering Discovery
The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.