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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
Colo. Justices Order Fraud Retrial Over Legal Advice Hearsay
Colorado's highest court granted a new securities fraud trial Monday to a man whose testimony in his own defense about advice of counsel was curtailed by a judge, saying legal advice is unquestionably relevant in mounting a defense around "willfulness."
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June 24, 2025
Pa. Court Rules Philly Open-Carry Restriction Unconstitutional
The Pennsylvania Superior Court struck down Philadelphia's restrictions on the open carry of firearms as unconstitutional, finding citizens in the state's largest city should not be subject to more stringent gun laws than those in other parts of the state.
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June 24, 2025
2nd Circ. Tells Feds To 'Facilitate' Another Deportee's Return
The Trump administration must "facilitate the return" to the U.S. of a man deported to El Salvador in violation of an order blocking his removal, the Second Circuit ruled Tuesday, citing a U.S. Supreme Court decision backing the return of a Maryland man improperly deported to a Salvadoran prison.
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June 24, 2025
9th Circ. Urged To Revive Players' NHL, CHL Antitrust Suit
Hockey players' unions and individual players have appealed to the Ninth Circuit after a Washington federal judge dismissed their antitrust lawsuit accusing the National Hockey League and the Canadian Hockey League of conspiring to suppress wages for junior league players.
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June 24, 2025
Swiss Shipping Co. Can't Dodge Default In Cargo Dispute
A D.C. Circuit panel on Tuesday upheld the Federal Maritime Commission's default judgment against MSC Mediterranean Shipping Co. SA stemming from a pandemic-era cargo space dispute with a Pennsylvania-based shipper.
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June 24, 2025
Ga. Justices Say Man Properly Served Atlanta In Crash Suit
The Georgia Supreme Court on Tuesday reversed a ruling from the state's intermediate appellate court in a case over whether a notice of claim against the city of Atlanta was properly served according to state law, finding that it was.
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June 24, 2025
Landmark Product Safety Conviction Faces 9th Circ. Appeal
A former Gree USA executive has appealed his conviction and 38-month prison sentence in the first-ever criminal prosecution of individuals under the Consumer Product Safety Act, according to a Tuesday filing in California federal court.
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June 24, 2025
Ga. High Court Nixes $1M Nominal Damages In Walmart Case
The Supreme Court of Georgia has vacated a $1 million award of nominal damages to a woman who was injured at a Walmart store, ruling that the verdict violated the intent of nominal damages to represent a "trivial sum" for plaintiffs.
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June 24, 2025
Fed. Circ. Won't Revisit Ruling On Late Textron Pension Claim
The Federal Circuit has denied Textron Aviation Defense LLC's request to reconsider a decision that affirmed the dismissal of its pension claims against the federal government as time-barred under the Contract Disputes Act's six-year statute of limitations.
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June 24, 2025
5th Circ. Says EPA Ignored Cos. To Push Efficiency Testing Rule
The Fifth Circuit has thrown out part of a U.S. Environmental Protection Agency rule for determining measures for fuel efficiency, finding Tuesday that the agency used a faulty methodology to justify tightening standards and outright ignored comments when creating the rule.
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June 24, 2025
4th Circ. Tosses Trans Man's Appeal Over Canceled Surgery
The Fourth Circuit declined to revive a transgender man's constitutional claims against a religious hospital run by the University of Maryland Medical Center over a canceled hysterectomy for gender dysphoria, concluding Tuesday that it couldn't grant further relief, and refused to consider a "late-breaking" argument for emotional distress damages.
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June 24, 2025
Motorola Fights Fintiv Memo Withdrawal At Fed. Circ.
Motorola is urging the Federal Circuit to reverse the decision of the U.S. Patent and Trademark Office's acting leader to not have the Patent Trial and Appeal Board review the company's challenges to a series of Stellar Inc. patents on glasses equipped with cameras.
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June 24, 2025
8th Circ. Rolls Back Block On Arkansas Hemp Law
An Eighth Circuit panel on Tuesday overturned a lower district judge's decision blocking enforcement of a new Arkansas policy restricting hemp-derived intoxicating products, delivering a blow to the hemp industry's campaign to challenge state-led efforts to rein in its wares.
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June 24, 2025
NY Denies School District's Bid To Delay Mascot Ban
The New York State Education Department denied a deadline extension request by a Long Island school district to comply with the state's ban on the use of Indigenous mascots, telling the district's superintendent that the district has shown no good cause toward the law's compliance.
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June 24, 2025
Medical Pot Backers Urge Neb. High Court To Scrap Challenge
The campaign behind a successful effort to decriminalize and regulate medical marijuana in Nebraska is urging the state's highest court not to revive a legal challenge backed by state officials seeking to void the voter-approved legalization policies.
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June 24, 2025
Medline Can't Get $2.4M Tax Incentive, Wash. Panel Affirms
Medline did not qualify for a $2.4 million remittance of sales tax paid toward the construction of a state warehouse, a Washington state appeals panel affirmed Tuesday, saying the medical supplier failed to show that it merited a key tax incentive.
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June 24, 2025
Calif. AG Asks 9th Circ. To Undo Limits On Pay-For-Delay Ban
California enforcers on Monday asked the Ninth Circuit to overturn a district court's decision that a state law restricting "reverse payment" settlements between brand-name and generic-drug makers cannot be used to regulate deals that were struck outside the Golden State.
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June 24, 2025
2nd Circ. Says Salvadoran Man Derived Citizenship Via Mom
A divided Second Circuit panel vacated a more than decade-old removal order for a Salvadoran man convicted of robbery and burglary, saying he derived U.S. citizenship when his mother was naturalized 40 years ago.
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June 24, 2025
1st Circ. Undoes Inflated Biz Interruption Award For Drink Co.
A Puerto Rico federal court wrongly maintained an award against an insurer that exceeded a beverage manufacturer's actual business income and extra expenses losses and was not supported by evidence at trial, the First Circuit held, reducing the total award from $1 million to approximately $686,000.
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June 24, 2025
Faulty Comparisons Doom Nordstrom 401(k) Fee Suit
Nordstrom dodged a proposed class action claiming it saddled its 401(k) plan with excessive fees and used forfeited plan funds to offset its own contributions, with a Washington state federal judge saying inaccurate data and flawed comparisons to other plans couldn't sustain the case.
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June 24, 2025
Ga. High Court Balks At Housing Authority's Immunity Stance
The Supreme Court of Georgia has tossed a ruling that sovereign immunity can shield a local housing authority from a shooting victim's lawsuit, saying Tuesday that lower courts had wrongly extended the state government's immunity to a city, and from there to the authority.
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June 24, 2025
Fed. Circ. Adds Groombridge Wu Partner To Advisory Council
The Federal Circuit said Tuesday that it will add Jennifer Wu, a founding partner at Groombridge Wu Baughman & Stone, to an advisory council that studies and makes recommendations to the court's rules and operating procedures.
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June 24, 2025
Driver Must Serve Prison Time In DUI Case, Fla. Panel Rules
A Florida appellate panel ruled that a driver convicted in the drunken driving-related death of a motorcyclist must serve the minimum time of four years in prison, saying the lower court didn't have the authority to suspend the mandatory sentence for a DUI manslaughter charge.
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June 24, 2025
Conn. Court OKs Records Use To Revoke Man's Probation
A Connecticut appeals court has found that records from a residential treatment program could be admitted as evidence as they upheld the revocation of probation for a man convicted in two separate criminal court cases of larceny and sexual assault.
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June 24, 2025
Apple Assails 'Fundamentally Unfair' App Order At 9th Circ.
Apple urged the Ninth Circuit on Monday to nix a district court's "unduly punitive" mandate blocking it from charging any commission on iPhone app purchases made outside its systems, arguing an Epic Games injunction redux goes far beyond the original order and attacks conduct that's not illegal under California law.
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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Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs
In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.
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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.