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Appellate
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April 14, 2025
4th Circ. Partly Backs $3.8M Award In 'Dickensian' Lease Row
The Fourth Circuit on Monday partly affirmed and partly vacated a $3.8 million costs and fees award stemming from a soured lease agreement for a commercial building in Baltimore, potentially concluding more than 14 years of what the panel described as "Dickensian litigation."
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April 14, 2025
Insurers Not Liable For Counterfeit Drug Suit, 6th Circ. Says
Insurers do not have to cover a Michigan pharmacy accused of selling counterfeit HIV medication, the Sixth Circuit affirmed Monday, finding that policy exclusions prevented the coverage.
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April 14, 2025
Senate Dems Seek Briefing On Threats To Federal Judges
Democrats on the Senate Judiciary Committee announced Monday that they're asking the U.S. Marshals Service for a briefing on threats against federal judges.
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April 14, 2025
Groupon Urges Full Fed. Circ. To Undo Panel's IP Suit Revival
Groupon Inc. is pushing the full Federal Circuit to intervene after a panel allowed Kroy IP Holdings to proceed with a suit accusing it of infringing unchallenged claims of partly invalidated patents.
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April 14, 2025
Michigan Justices Revive 911 Dispatcher's Whistleblower Suit
The Michigan Supreme Court breathed new life into a former 911 operator's retaliation lawsuit on Monday, sending the case to a lower court to determine if the state's whistleblower protections cover the operator's criticism of the way a supervisor handled a call.
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April 14, 2025
9th Circ. Revives Suit Over Calif. Refinery's Pollution
A Ninth Circuit panel revived part of a class action that neighbors of a Torrance, California, refinery brought against Exxon Mobil Corp. and Torrance Refining Co. over its pollution, holding that a lower court misconstrued the scope of a trespass claim.
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April 14, 2025
Chiquita Wants New Trial In $38M Paramilitary Case
Chiquita has told the Eleventh Circuit that the landmark $38 million verdict in a bellwether case in multidistrict litigation accusing the company of paying Colombian right-wing paramilitaries was the product of numerous errors by the district court, including an instruction that improperly gave jurors a "watered-down causation standard."
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April 14, 2025
Fed. Circ. Won't Revive Bid To Cancel Saints' Fleur-De-Lis TM
The Federal Circuit on Monday threw out an appeal by a man claiming to be the descendant of French royalty who unsuccessfully tried to have the Trademark Trial and Appeal Board cancel the New Orleans Saints football team's fleur-de-lis design mark.
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April 14, 2025
Tesla's Arbitration Win Upended In Ex-Exec's Defamation Case
A Ninth Circuit panel on Monday said a lower court judge wrongly confirmed a zero-dollar arbitration award in favor of Tesla and Elon Musk that dismissed a former Tesla engineer's defamation claims, saying the federal court didn't have jurisdiction because no money was awarded.
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April 14, 2025
7th Circ. Judge Skeptical Of NCAA Racial Bias Suit's Theory
A Seventh Circuit judge on Monday pressed counsel for a student alleging that the NCAA's Academic Performance Program discriminates against student-athletes at historically Black colleges and universities to address how she could have standing to sue if her lacrosse team was not penalized under the challenged academic standards.
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April 14, 2025
Mich. Panel Says Car Insurance Fee Schedule Not Retroactive
A Michigan appellate panel said a fee schedule governing benefits auto insurers must pay injured parties does not apply to injuries sustained before the fee schedule became law, determining the state insurance regulator's 2024 memo misinterpreted the rules.
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April 14, 2025
7th Circ. Won't Transfer Honeywell Pension Suit To NC
The Seventh Circuit turned down Honeywell's bid to transfer a retiree's proposed class action alleging pension plan miscalculations from Illinois to North Carolina, finding the aerospace manufacturer's request for extraordinary appellate court relief was not justified.
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April 14, 2025
Conn. Justice Hints Lapsed Policy Row Should Go Before Jury
A jury may need to decide whether a Connecticut insurance agency was duty-bound to tell a couple that their homeowners policy was not renewed ahead of a ruinous fire, a justice of the state's Supreme Court signaled Monday.
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April 14, 2025
4th Circ. Asked To Rethink Credit Union's Liability In Scam
A metal fabricator asked the full Fourth Circuit to rethink a panel decision finding a credit union cannot be held liable for a scammer's use of its services to swindle the fabricator out of $560,000, saying the majority should have deferred to the district court's findings about the scheme.
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April 14, 2025
10th Circ. Revives Takings Suit Over Colo. Property Law
The Tenth Circuit revived a suit filed by Colorado residents who claimed the state unconstitutionally used its unclaimed-property law to take their properties, finding the residents sufficiently claimed the state failed to provide just compensation.
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April 14, 2025
Top Court Ruling Dooms Suit Challenging Housing Grant Cuts
A federal judge in Boston on Monday vacated an earlier ruling that had blocked the Trump administration from cutting $30 million in housing anti-discrimination grants, saying a recent U.S. Supreme Court decision in a similar case involving teacher training grants likely strips the court of jurisdiction.
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April 14, 2025
Law Firm Fights 'Career Ending' Calif. Sanctions At Fed. Circ.
Three attorneys from Texas patent firm Ramey LLP asked the Federal Circuit to press pause on a California magistrate judge's sanctions against them, arguing that their case was not filed in bad faith, they were not practicing law in California without a license and the penalties imposed on them are too harsh.
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April 14, 2025
NJ High Court Advances DuPont Appeal In $1B Pollution Suit
The New Jersey Supreme Court will allow Chemours and E.I. du Pont de Nemours to appeal a trial court's ruling that a small New Jersey town has standing to bring its $1 billion pollution suit, according to a recent order.
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April 14, 2025
1st Circ. Can't Hear Class Suit Coverage Row, Oil Co. Says
A heating oil company urged the First Circuit to toss an appeal its insurers filed following a ruling that they must continue defending the company and several executives in a class action over alleged damage caused by oil containing elevated levels of biodiesel, saying the court doesn't currently have jurisdiction.
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April 14, 2025
Military Voters Say Ballots Should Count In NC High Court Race
Military and overseas voters registered in North Carolina are mounting a constitutional challenge to a Republican judge's efforts to discount their ballots, filing a federal lawsuit Monday just as the Democratic incumbent lost her bid to halt the ballot corrections process.
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April 14, 2025
Ex-Reed Smith Atty Gets Review Of NJ Bias Damages Limit
The New Jersey state appeals court has said it will consider a former Reed Smith LLP labor and employment lawyer's appeal of a ruling that damages in her gender discrimination suit against the firm can only go as far back as the start date of a New Jersey equal pay law.
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April 14, 2025
Takeda Gets Actos Case Paused For Class Cert. Review
A New York federal court has paused a lawsuit accusing Takeda Pharmaceuticals of inflating the price of its diabetes treatment, Actos, by delaying the entry of generic alternatives, and took a scheduled July trial off the calendar, as the company appeals a class certification ruling.
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April 14, 2025
Fed. Circ. Won't Allow Beer Co.'s 'Chicken Scratch' TM
The Federal Circuit declined to disturb the U.S. Patent and Trademark Office's refusal to register the mark "chicken scratch" for beer, affirming a finding that the proposed mark has a "similar commercial impression" to another mark already registered for restaurant services.
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April 13, 2025
DC Circ. Limits CFPB Layoff Ban Amid Trump Admin Appeal
A D.C. Circuit panel has cleared a path for the Trump administration to resume job cuts at the Consumer Financial Protection Bureau as it pursues an appeal of a preliminary injunction barring it from shutting down the agency.
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April 11, 2025
NC Judge Keeps Bulk Of Win In High Court Ballot Fight
North Carolina's highest court on Friday largely let stand a lower appeals court ruling siding with the Republican challenger in the state's still-undecided Supreme Court race, declining to throw out ballots based on incomplete registrations but still drawing scathing rebukes from two justices who said their colleagues were rushing to a decision "in the dark of night."
Expert Analysis
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Series
Playing Rugby Makes Me A Better Lawyer
My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.
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Looking Back At 2024's Noteworthy State AG Litigation
State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.
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The Compliance Trends And Imperatives On Tap In 2025
The corporate ethics and compliance landscape is rapidly evolving, posing challenges from conflicting stakeholder expectations to technological disruptions, and businesses will need to explore human-centered, data-driven and evidence-based practices, says Hui Chen at CDE Advisors.
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Opinion
Congress Should Finally Add Clarity To Section 101
With both the U.S. House of Representatives and Senate introducing bills to provide guidance on what qualifies as patentable subject matter under the Patent Act, Congress will hopefully put an end at last to 10 years of uncertainty surrounding the question, says David Carstens at Carstens Allen.
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5 Advertising Law Trends To Watch In 2025
Although advertisers are encouraged by the incoming Trump administration's focus on deregulation, this year could feel like wading through uncharted waters, and decreased federal government regulation may mean increased state regulation, say attorneys at Reed Smith.
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5 E-Discovery Predictions For 2025 And Beyond
In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.
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NY Plastic Pollution Verdict May Not Bode Well For Other Suits
The dismissal of New York state's public nuisance complaint against PepsiCo over pollution of the Buffalo River with the company's single use plastic bottles may not augur well for similar lawsuits filed by Baltimore and Los Angeles County, although tort law varies from state to state, say attorneys at Winston & Strawn.
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What To Expect From Federal Cybersecurity Policy In 2025
There are 12 cyber policy questions to keep an eye on as the new administration and Republican control of Congress present an opportunity to advance less regulatory approaches and revisit some choices from the prior administration, say attorneys at Wiley.
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Bid Protest Spotlight: Certification, Lateness, SBA Eligibility
In this month's bid protest roundup, Cody Fisher at MoFo examines three recent decisions from the U.S. Court of Appeals for the Federal Circuit and the U.S. Government Accountability Office that address the treatment of a proposal that was timely submitted but received late, and highlight nuances of certification and small business eligibility requirements.
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How Decline Of Deference Will Affect Trump Policymaking
An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.
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Series
Ohio Banking Brief: All The Notable Legal Updates In Q4
Ohio's banking and financial services sector saw several significant developments in the fourth quarter of 2024, including a landmark Uniform Commercial Code ruling, adjustments to the state's Homebuyer Plus Program and the launch of the state's first women-led bank, says attorney Alex Durst.
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6 Predictions For Cyber Risk And Insurance In 2025
This year is likely to bring with it some thorny and expensive cyber challenges, including increased ransomware activity, more data breach class actions and continued efforts to define business interruption loss calculations, say attorneys at Wiley.
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7 Ways 2nd Trump Administration May Affect Partner Hiring
President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.
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Opinion
Courts Must Curb The Drug Price Negotiation Program
The Inflation Reduction Act's drug price negotiation program upends incentive structures that drive medical innovation, and courts must act appropriately to avoid devastating consequences for American healthcare and the pharmaceutical industry, says Jeff Stier at the Consumer Choice Center.