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Appellate
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June 20, 2025
3rd Circ. Deems Immunity Defense Premature For Jailers
The Third Circuit has ruled that a lower court properly kept Bucks County, Pennsylvania, corrections officers in a lawsuit accusing them of repeatedly pepper-spraying and restraining a mentally ill pretrial detainee, holding that more information was needed before a final determination could be made on immunity.
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June 20, 2025
Textron Says NC Biz Certificate Doesn't Signal Jurisdiction
Textron Inc. has made a final plea for the North Carolina Court of Appeals to expel it from a products liability lawsuit stemming from a private plane crash, denouncing its opponent's claim that the conglomerate can be "hauled" into court in the Tar Heel State merely because it's registered to do business there.
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June 20, 2025
1st Circ. Blocks Swiss Arbitration Of Au Pair Wage Claims
A Massachusetts-based au pair agency cannot enforce a Swiss arbitration requirement included in a contract that childcare workers signed with a separate European company, the First Circuit has determined.
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June 20, 2025
9th Circ. Allows Trump To Federalize National Guard In LA
The Ninth Circuit ruled that President Donald Trump can federalize the California National Guard while the state's lawsuit challenging his mobilization of the troops in Los Angeles plays out, saying the president likely acted under statutory authority that Congress granted.
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June 20, 2025
Top Court Limits Sentencing Factors For Release Violations
The U.S. Supreme Court on Friday limited what factors district judges may consider when sentencing defendants for violating the terms of supervised release, vacating the Sixth Circuit's findings that allowed lower courts to undertake the same analysis for revocation proceedings as primary sentencings.
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June 20, 2025
Justices Let E-Cig Retailers Join Challenge To FDA Prohibition
The U.S. Supreme Court ruled Friday that e-cigarette retailers can challenge the U.S. Food and Drug Administration's denial of product marketing applications, finding manufacturers aren't the only entities that can be adversely affected by the agency's decisions.
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June 20, 2025
Supreme Court Affirms Anti-Terror Law
The U.S. Supreme Court on Friday unanimously affirmed the constitutionality of a 2019 law ending a jurisdictional hurdle for lawsuits stemming from terrorist attacks in Israel and the Palestinian territories, holding that the law's personal jurisdiction provision does not violate the Fifth Amendment.
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June 20, 2025
High Court Says FCC Orders Not Above District Court Review
The U.S. Supreme Court on Friday ruled that district courts should be allowed to question the slate of regulations that the Federal Communications Commission has issued under the Telephone Consumer Protection Act, further constricting the power of federal agencies to interpret laws.
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June 20, 2025
Justices Say ADA Doesn't Cover Retirees Who Can't Work
The U.S. Supreme Court held on June 20 that a former firefighter with Parkinson's disease can't bring an Americans with Disabilities Act case over a rollback in her post-employment health benefits, reasoning that the law covers only those who can still fulfill their job duties.
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June 20, 2025
Justices Say Fuel Groups Can Fight Emissions Waiver
The U.S. Supreme Court on Friday said that fuel industry groups can challenge the U.S. Environmental Protection Agency's Clean Air Act waiver that has allowed California to set its own greenhouse gas emissions standards for vehicles.
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June 20, 2025
4 ERISA Cases To Watch In The 2nd Half Of 2025
The U.S. Department of Labor's challenge to a pair of injunctions blocking Biden-era regulations that broaden who qualifies as an investment advice fiduciary under federal benefits law tops the list of cases benefits attorneys will be watching in the latter half of the year.
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June 18, 2025
6th Circ. Vacates Removal, Judge Slams High Court's Ruling
The Sixth Circuit ruled Wednesday that U.S. Supreme Court precedent required it to vacate a Mexican native's removal order after his U.S. citizenship was revoked for not disclosing a criminal charge, although one circuit judge said it was time justices reconsidered the precedent.
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June 18, 2025
Tesla Says Justices Shouldn't Wait On La. Auto Sales Law
Tesla is asking the U.S. Supreme Court not to push off considering Louisiana regulators' petition seeking to appeal the revival of a lawsuit brought by the electric-car maker targeting the state's ban on direct sales by automakers, even though the state has asked the justices to wait.
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June 18, 2025
ACLU Asks 5th Circ. To Note Report Disputing Gang Invasion
The American Civil Liberties Union advised the Fifth Circuit to consider a National Intelligence Council assessment that the Maduro regime likely does not cooperate with the Tren de Aragua gang in its bid to halt removals under the Alien Enemies Act in the Northern District of Texas.
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June 18, 2025
Feds Want Nuke Trust Earnings To Offset DOE Breach Awards
The U.S. government asked the Federal Circuit to toss a ruling holding that trust fund earnings that reimbursed closed nuclear plant owners' spent fuel storage costs should not offset the damages awarded for the Energy Department's ongoing failure to accept fuels for disposal.
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June 18, 2025
Mississippi Social Media Law Blocked Again By Federal Judge
A Mississippi federal judge reinstated a preliminary injunction Wednesday that blocks a state law requiring digital service providers to verify users' ages and social media platforms to acquire parental consent for a minor's account, preventing it from taking effect after the Fifth Circuit lifted the court's previous injunction.
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June 18, 2025
Caterpillar Must Face Jury Over Ex-Worker's Age Bias Claim
The Seventh Circuit reversed Caterpillar's summary judgment win over a former employee's age discrimination claim on Wednesday, saying a jury should decide whether the company reasonably placed the worker on a performance action plan that included a deadline that had already passed.
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June 18, 2025
Ga. Panel Affirms Emory's Early Win In Neonatal Care Suit
The Georgia Court of Appeals said a trial court rightly freed Emory Healthcare from a suit alleging that a nurse in the neonatal intensive care unit failed to spot an intravenous line infiltration that left a newborn with skin and tissue deformities.
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June 18, 2025
India Says Justices' Ruling Doesn't Change Its $156M Appeal
India has told the D.C. Circuit that a recent U.S. Supreme Court decision involving personal jurisdiction under the Foreign Sovereign Immunities Act does not address whether it is entitled to constitutional due process protections as it fights a nearly $156 million judgment against it.
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June 18, 2025
Sotera Investors Urge 6th Circ. To Reopen Toxic Gas Suit
Sotera Health investors are seeking to revive a lawsuit accusing the company of concealing the carcinogenic nature of a gas used at its sterilization plants, telling the Sixth Circuit that the company knew that its "outrageous and cynical" behavior would cost it hundreds of millions of dollars.
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June 18, 2025
4th Circ. Backs Ban On Handgun Sales To Young Adults
A Fourth Circuit panel upheld a set of federal laws barring licensed firearm dealers from selling handguns to 18- to 20-year-olds Wednesday, reversing lower court decisions in Virginia and West Virginia in a split decision.
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June 18, 2025
NC Panel Rejects HCA Unit's Appeal Over Rival Project Award
A North Carolina appeals court on Wednesday rejected an HCA Healthcare subsidiary's challenge to an award of a certificate of need allowing a rival to build a new acute care facility, backing a decision in favor of the state health department behind the award.
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June 18, 2025
High Court Concurrences Signal Hard Battle For Trans Rights
U.S. Supreme Court Justice Amy Coney Barrett joined the court's two most conservative members Wednesday to suggest laws that differentiate based on transgender status should be subject to the lowest level of judicial review, providing guidance to lower courts that will likely make it harder for litigants to vindicate trans rights.
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June 18, 2025
11th Circ. Gives Longshoreman Another Shot At Crash Suit
The Eleventh Circuit on Wednesday revived a Georgia longshoreman's suit over his being hit by another worker's truck at the Port of Savannah, ruling that contrary to a district court's finding, it was "anything but" certain that the driver hadn't been on the clock at the time of the crash.
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June 18, 2025
NY High Court Lifts Block On NYC Shifting Retiree Healthcare
New York's highest court lifted an injunction Wednesday that had blocked New York City from switching retired city employees' health insurance provider, ruling that the city never promised its retirees that it would keep them on a Medicare supplemental plan.
Expert Analysis
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from Practical Guidance
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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30 Years Later: How PSLRA Has Improved Securities Litigation
In the 30 years since the Private Securities Litigation Reform Act's passage, the statute has achieved its purpose of shifting securities class actions to investors most capable of monitoring the litigation, selecting competent counsel at competitive rates and maximizing recoveries for the investor classes they represent, say attorneys at Bernstein Litowitz.
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Terraform Case May Be Bellwether For Crypto Enforcement
The prosecution of crypto company Terraform Labs and its CEO, Do Kwon, offers a unique test of the line between lawful and unlawful conduct in digital transactions, and the Trump administration’s posture toward the case will provide clues about its cryptocurrency enforcement agenda in the years to come, say attorneys at Brooks Pierce.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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What's At Stake In High Court's Class Member Standing Case
The U.S. Supreme Court’s eventual decision in Labcorp v. Davis could significantly alter how parties prosecute and defend class actions in federal court, particularly if the court determines some proof of member standing is required before a class may be certified, say attorneys at Reed Smith.
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What Remedies Under New Admin's SEC Could Look Like
The U.S. Securities and Exchange Commission is likely to substantially narrow the remedies it pursues over the next few years, driven by the mounting challenges it faces in court, as well as the views of its incoming chair and fellow Republican commissioners on injunctions, penalties and disgorgement, say attorneys at Milbank.
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Patent Eligibility Insights From Fed. Circ.'s Drill Bit Ruling
The Federal Circuit's recent decision in US Synthetic Corp. v. ITC addresses critical issues in patent eligibility jurisprudence, especially regarding composition-of-matter claims and Section 101 challenges, says Daniel Yannuzzi at Sheppard Mullin.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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What SDNY Judge Can And Can't Do In Adams Case
The federal judge in the Southern District of New York overseeing the criminal case against New York City Mayor Eric Adams deferred making a decision on the government's motion to dismiss the indictment, and while he does have limited authority to deny the motion, that would ultimately be a futile gesture, says Ethan Greenberg at Anderson Kill.
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Drug Kickback Ruling Will Make FCA Liability Harder To Prove
The First Circuit's ruling in U.S. v. Regeneron Pharmaceuticals, requiring the government to prove but-for causation to establish False Claims Act liability based on violations of the Anti-Kickback Statute, raises the bar for FCA enforcement and deepens a circuit split that the U.S. Supreme Court may need to resolve, say attorneys at Baker Donelson.
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Notable Q4 Updates In Insurance Class Actions
In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.
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Expropriation Claims After Justices' Holocaust Asset Ruling
The U.S. Supreme Court's recent decision in Hungary v. Simon, rejecting Holocaust survivors' claims against the Hungarian government under the Foreign Sovereign Immunities Act's expropriation exception, continues the trend of narrowly interpreting that exception and offers important guidance for future plaintiffs considering such claims, say attorneys at MoloLamken.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Questions Remain After Justices' Narrow E-Rate FCA Ruling
The U.S. Supreme Court’s recent decision in Wisconsin Bell, holding that requests for reimbursement from the Federal Communications Commission's E-Rate program are subject to False Claims Act liability, resolves one important question but leaves several others open, says Jason Neal at HWG.