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Judiciary Panel Advances New Rules On Amici, AI, Subpoenas
The federal judiciary's top policy panel Tuesday propelled revamped rules regarding numerous hot legal topics, including artificial intelligence, "dark money" groups bankrolling amicus briefs and the subpoena powers of courts and defense counsel.
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June 24, 2025
Robbery Intent Enough For Murder Rap, Conn. Justices Rule
Connecticut can secure a murder conviction for a man whose robbery attempt resulted in a fatal shooting — even though he didn't pull the trigger — because it didn't need to prove the shooter was an accessory to the would-be thief, according to a state high court opinion released Tuesday.
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June 24, 2025
Judiciary Warns Congress Of Cyber Risks To PACER
PACER, the online public repository of federal court documents, is vulnerable to cyberthreats, a top judiciary official told members of Congress on Tuesday.
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June 24, 2025
Fed. Circ. Backs Unified Patents' PTAB Win Over Streaming IP
The Federal Circuit refused to revive a pair of claims in a DivX streaming patent, backing a Patent Trial and Appeal Board decision that said challenger Unified Patents was able to show the claims were invalid.
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June 24, 2025
10th Circ. Rejects Ex-GC's Sanctions Bid Against Loeb & Loeb
The Tenth Circuit has sided with a district court's decision dismissing a bid by the former general counsel of a medical device company to have Loeb & Loeb LLP sanctioned for bringing what he said was a baseless lawsuit against him on behalf of his former employer.
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June 24, 2025
Ex-Staffer For Judge Wants Wage Theft Appeal Outside Circuit
A former staffer for retired Seventh Circuit Judge Richard Posner has followed through on his pledge to appeal his district court loss of wage theft claims against the ex-judge, filing a motion to have his appeal heard in a different circuit and a request to unseal a medical document.
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June 24, 2025
Pot Dispatcher Can't Upend Coworker's $400K Wage Deal
A California appeals court has upheld a $400,000 wage-and-hour settlement between a cannabis delivery driver and The Highest Craft LLC, finding that a dispatcher whose claims are also covered under the settlement failed to show the deal was unfair or insufficiently investigated.
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June 24, 2025
Mass. Justices Say Key In Ignition Triggers Drunk Driving Law
Massachusetts' highest court on Tuesday found that the act of sitting behind the wheel with the key in the ignition is enough to sustain a drunken driving charge, even if the car is not in motion and the engine is not turned on.
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June 23, 2025
Samsung Back On Hook To Pay $10M Over Exploding Battery
Samsung Electronics America Inc. is back on the hook for a $10 million default judgment won by a Georgia man who alleged one of its batteries exploded in his e-cigarette, after a state appellate panel said Monday a trial court wrongly found the suit should have been filed in a different county.
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June 23, 2025
9th Circ. Revives Antitrust Counterclaims Against CoStar
A Ninth Circuit panel on Monday revived counterclaims accusing CoStar of monopolizing commercial real estate information markets in the company's case accusing a rival of engaging in "industrial-scale" copyright infringement.
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June 23, 2025
High Court's Ruling Against Texas Could Tank FCC Wi-Fi Case
As the Federal Communications Commission faces a Fifth Circuit challenge to its plan to fund school bus Wi-Fi, the appeals court is weighing how a U.S. Supreme Court ruling last week against Texas in a nuclear waste case impacts its jurisdiction.
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June 23, 2025
9th Circ. Backs $26M Fraud Penalty Against Importer
The Ninth Circuit on Monday upheld a $26 million tripled fraud verdict against a pipe importer over allegations it made false statements on customs forms to avoid paying tariffs on some imports from China, rejecting the company's argument that the Tariff Act leaves no room to invoke the False Claims Act.
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June 23, 2025
9th Circ. Sends Minor's Rehab Claim Back To Premera
The Ninth Circuit on Monday partially reopened a lawsuit accusing Premera Blue Cross of unlawfully refusing to cover a minor's time in a wilderness therapy program and rehabilitation facility, saying the insurer should take another look at one of the claims.
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June 23, 2025
Okla. Court Says Race Theory Law Excludes College Classes
A group of civil rights advocates and their opponent, Oklahoma Attorney General Gentner Drummond, are both claiming victory after the state's high court determined that a 2021 law that blocks the teaching of certain racial and gender topics in public classrooms does not apply to academic speech in higher educational settings.
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June 23, 2025
Texas Law Cutting Municipal Fees Not Gift, Comcast Says
Comcast and a state trade association told the Texas Supreme Court that laws curbing the fees municipalities can charge telecom companies for rights-of-way usage passes constitutional muster, asking the court to flip a lower court's findings that the laws violate the Texas Constitution's gift clauses.
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June 23, 2025
9th Circ. Revives False Ad Suit Over 'Zero Calorie' Supplement
The Ninth Circuit on Monday reinstated a proposed class action claiming that ProSupps' dietary supplement powder products are mislabeled as containing zero calories and zero carbohydrates, in violation of California consumer protection laws, after ruling that the suit alleges enough facts to avoid preemption by the federal Food, Drug and Cosmetic Act.
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June 23, 2025
Apache Nonprofit Asks Justices For Rehearing In Mining Row
An Apache nonprofit is urging the U.S. Supreme Court to reconsider a decision to deny its petition that looked to block the transfer of nearly 2,500 acres to an Arizona copper mining company, arguing the outcome of a case now before the justices could sway their analysis.
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June 23, 2025
Paxton, Airline Co. Ask To Take Biz Doc Case Out Of 5th Circ.
The Texas attorney general's office and an airline parts manufacturer have agreed to remove a dispute over a state law allowing the office to examine business records from the Fifth Circuit back to district court.
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June 23, 2025
NJ Justices Greenlight Renewed Bid For Roundup Mass Tort
The New Jersey Supreme Court has granted a renewed application for lawsuits against Monsanto Co. and its parent company, Bayer AG, alleging injuries from exposure to the company's weed killer Roundup to be designated as multicounty litigation, according to a Monday notice to the bar.
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June 23, 2025
Justices Drop 'Third Country' Removal Due Process, For Now
A divided U.S. Supreme Court ruled Monday that the Trump administration can send noncitizens facing deportation to countries where they have no prior ties without providing due process protections, including written notice or a chance to raise concerns about their future safety.
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June 23, 2025
Dems Demand Info On Emil Bove's Alleged Misconduct
Ahead of Emil Bove's hearing on Wednesday for his judicial nomination, Democrats on the Senate Judiciary Committee are pressing for information on complaints alleging his misconduct while at the U.S. Attorney's Office for the Southern District of New York and Main Justice earlier this year.
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June 23, 2025
Judge Lets NASCAR Antitrust Claims Against Teams Proceed
A North Carolina federal judge Monday rejected a motion to dismiss counterclaims lodged by NASCAR in a lawsuit brought by two racing teams that are accusing the organization of antitrust violations, finding the matter would be best addressed at the summary judgment stage.
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June 23, 2025
3rd Circ. Remands NLRB Solo Protest Spat To Weigh Evidence
The Third Circuit on Monday backed the NLRB's findings that a lone fired worker's COVID-19 safety complaints were concerted activity under federal labor law, but remanded the case to the board in order to weigh evidence about whether the worker would have been fired regardless of whether he spoke up.
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June 23, 2025
Justices Call For SG's Take On Skinny Label Petition
The U.S. Supreme Court on Monday asked the solicitor general to weigh in on so-called skinny labels as Hikma Pharmaceuticals fights the reinstatement of litigation challenging its generic version of Amarin Pharma's blockbuster cardiovascular drug Vascepa.
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June 23, 2025
Catching Up With Delaware's Chancery Court
The Delaware Supreme Court reversed a year-old $199 million judgment against TransCanada in a suit challenging a merger that occurred nearly a decade ago, Aspen Technology Inc. was hit with another suit over its pending $7.2 billion merger with Emerson Electric, and Nielson Holdings Ltd. secured a temporary restraining order against its spinoff. In case you missed it, here's the latest from the Delaware Chancery Court.
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June 23, 2025
Fed. Circ. Revives Helium Refiner's Contract Dispute With Feds
A Federal Circuit panel on Monday revived a helium refiner's suit alleging the U.S. Bureau of Land Management supplied it with out-of-specification helium gas mixtures, ruling the Court of Federal Claims botched a breach of contract analysis when it dismissed the case.
Editor's Picks
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Trump Nominates Ex-Personal Atty Emil Bove For 3rd Circ.
President Donald Trump announced on Wednesday he is nominating Emil Bove, his former criminal defense attorney who served as acting deputy attorney general, for the Third Circuit.
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Law360's Guide To Trump's Judicial Picks
During his first term, Trump got 234 lifetime judges confirmed. Here Law360 looks at the vacancies, appointments and confirmations of the federal judiciary as Trump attempts to further shape the courts.
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A Look At Trump's Pick For The 6th Circuit
President Donald Trump's first judicial nominee, Whitney Hermandorfer, who's been tapped for a seat Democrats tried to fill while Joe Biden was in the White House, has been part of litigation on several politically charged issues due to her job with the Tennessee Attorney General's office.
Expert Analysis
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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.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.