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Appellate
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February 14, 2025
House Judiciary Courts Chair Previews 'Rogue' Judges Bill
The chair of the House Judiciary Committee's courts panel is working on legislation to prevent "rogue rulings" by federal judges, which he plans to introduce on Tuesday, following adverse rulings for the Trump administration and Elon Musk's Department of Government Efficiency.
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February 14, 2025
'New Facts' Improper In Penny Stock Action, 2nd Circ. Told
A Connecticut federal judge violated controlling case law and the constitutional rights of a penny stock CEO when imposing a judgment in a U.S. Securities & Exchange Commission enforcement action, defense counsel told the Second Circuit, arguing that the SEC admitted post-trial that it could not find any victims of the allegedly false public statements at issue.
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February 14, 2025
Judges Suggest Withdrawal Was Optional In Dam Permit Spat
D.C. Circuit judges Friday pressed a California water district on whether it was partly to blame for delays in recertifying two hydroelectric dams, suggesting it voluntarily agreed to the state board's requests that it refile the applications in order to avoid the Clean Water Act's certification time limit.
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February 14, 2025
4th Circ. Rejects IRS Worker's Discrimination Claims
A Maryland federal court was right to reject claims by a Vietnam-born Internal Revenue Service employee who said she was discriminated against when managers disciplined her for insubordination, the Fourth Circuit ruled Friday, saying she failed to prove other employees were treated differently.
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February 14, 2025
1st Circ. Chides SEC, Judge In Atty Stock Scheme Case
A split First Circuit has found that the U.S. Securities and Exchange Commission was trying to hedge its bets before it asked the panel to reverse a partial dismissal of an enforcement action against a former Connecticut attorney that the agency had itself requested, but also that a Massachusetts district judge had made a series of errors that warrant kicking the SEC's cases back to the lower court.
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February 14, 2025
Illinois Vs. The Internet: IP Suits Over Online Sales Stir Debate
Brands have unleashed a torrent of lawsuits across the U.S. that group dozens of online sellers into a single complaint for allegedly peddling counterfeit products, with Chicago emerging as the preferred venue for the litigation and inspiring a local federal judge to declare it has become "Illinois vs. The Internet."
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February 14, 2025
7th Circ. Affirms Ill. City Win Against Tribal Casino
The Seventh Circuit on Friday ruled that an Illinois city didn't intentionally discriminate against a proposed tribal casino when the city chose three other competitors to operate casinos, saying that even if the city's review process was flawed, "the absence of perfection in a process does not prove intentional discrimination."
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February 14, 2025
Mich. Panel Decides Where The Sidewalk Begins In Fall Suit
The city of Detroit must face a premises liability case from a resident who fell on a portion of crumbled curb, a Michigan state appeals court has said, finding the curb should be considered part of the sidewalk and therefore under the city's jurisdiction to maintain.
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February 14, 2025
Off The Bench: Trans EO, Cards Arbitration, NASCAR Revs Up
In this week's Off The Bench, litigation begins over President Donald Trump's executive order banning transgender individuals from competing in women's sports, a former Arizona Cardinals executive's defamation suit against the team is shuffled to arbitration, and NASCAR asks an appeals panel to reverse wins handed to two teams in their antitrust suit.
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February 14, 2025
Fla. Atty Disbarred After 'Serious Pattern Of Neglect'
The Florida Supreme Court has permanently yanked the law license of former Sunshine State attorney Danialle Riggins for demonstrating a "serious pattern of neglect" with clients and other misconduct, including yelling at a judge during court.
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February 14, 2025
Texas Justices End Election Ethics Suit Against AG Paxton
Texas justices on Friday granted the state Commission for Lawyer Discipline's motion to drop the commission's ethics complaint against Attorney General Ken Paxton, citing its decision last month in a "nearly identical" suit against Paxton's first assistant.
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February 14, 2025
7th Circ. Says Ex-AbbVie Worker Filed Race Bias Suit Too Late
The Seventh Circuit refused to reopen a Black former AbbVie Inc. administrative assistant's suit alleging she was fired for reporting that a colleague used racial slurs and invaded her privacy, ruling the worker had filed her suit months too late.
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February 14, 2025
Sotomayor Won't Relieve Crypto Maven From Witness ID Rule
U.S. Supreme Court Justice Sonia Sotomayor denied a bid from the founder of cryptocurrency service Tornado Cash to overturn a Manhattan federal judge's order to disclose whom he might call as an expert witness at his upcoming trial on money-laundering and sanctions-dodging charges.
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February 14, 2025
DOJ Takes Military Bias Dispute With Nev. To 9th Circ.
The U.S. Department of Justice said it will appeal to the Ninth Circuit after a federal judge tossed its suit accusing the state of Nevada and its public employees retirement system of overcharging service members for pension credits.
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February 13, 2025
9th Circ. Panel Doubts SEC's 'Gag Rule' Violates Free Speech
A Ninth Circuit panel on Thursday appeared to doubt a First Amendment challenge to the U.S. Securities and Exchange Commission's "gag rule" that settling parties cannot deny allegations against them, as each judge noted that the agreements are voluntary.
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February 13, 2025
9th Circ. Won't Undo Meta's $725M Privacy Suit
The Ninth Circuit on Thursday affirmed Meta Platforms Inc.'s $725 million settlement resolving privacy claims over the Cambridge Analytica data harvesting scandal, finding that the California district court conducted a full review of the deal's terms before approving it.
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February 13, 2025
Wash. Justices Wary Of Pay Transparency Law Stances
Washington's highest court grilled attorneys on both sides of a debate over state pay transparency law on Thursday, with some justices suggesting the employer's stance put too much onus on workers while another expressed doubt the protections should extend to people who apply for jobs they have no chance to get.
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February 13, 2025
6th Circ. Affirms Toss Of Builders' Challenge To NLRB Memo
The Sixth Circuit rejected a trade association's constitutional challenge to a memo by the National Labor Relations Board's former general counsel saying she believed that employers violate labor laws when they hold mandatory meetings discouraging unionization, ruling Thursday that the association lacked standing.
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February 13, 2025
Fed. Circ. Revives Drill Bit Patent ITC Found Abstract
The U.S. International Trade Commission erred when invalidating US Synthetic Corp.'s patent for a compound used in diamond drill bits for not meeting eligibility standards, the Federal Circuit said Thursday.
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February 13, 2025
US Will Weigh In As Justices Consider $1.3B India Award Suit
The Trump administration is going to get argument time in front of the justices when the corporate arm of India's space agency faces off against a satellite telecom over the enforcement of a $1.3 billion arbitration award at the nation's highest court.
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February 13, 2025
Tesla, Objector Appeal $730M Chancery Board Pay Deal
Tesla Inc. and a stockholder objector have appealed a Delaware Court of Chancery approval of the return of more than $730 million in director stock, option and grant awards to the company that would resolve a suit accusing the electric-car maker's board of raking in "outrageous" compensation packages that cost the company hundreds of millions of dollars.
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February 13, 2025
Apple Pushes DC Circ. To Intervene In Google Remedies Case
Apple has urged the D.C. Circuit to undo a district court order barring the company from intervening in the U.S. Justice Department's remedies case against Google, arguing it moved with all speed to step in when it saw a government proposal "designed to force Apple to develop its own general search engine."
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February 13, 2025
Wash. Justices Say Cops At Jan. 6 Riot Can't Stay Incognito
The Washington State Supreme Court on Thursday said four Seattle police officers who attended the Jan. 6 "Stop the Steal" mayhem in D.C. can't litigate their privacy claims under John Doe pseudonyms as the justices rejected their claim that their identities should be shielded under the state's public records law.
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February 13, 2025
9th Circ. Revives Air Force Guam Munitions Disposal Dispute
The Ninth Circuit on Thursday revived a Guam community group's challenge to the U.S. Air Force's request for a renewed permit to explode expired munitions on the island, finding that the Air Force did not conduct a required environmental review.
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February 13, 2025
Fla. Court Won't Undo $13M Carbon Monoxide Death Verdict
A Florida appellate panel has upheld a jury's $13 million verdict in a suit that accused a machine rental company of failing to provide an auto repair shop owner with instructions for operating a floor resurfacer, which gave him carbon monoxide poisoning that led to his death.
Expert Analysis
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The Post-Macquarie Securities Fraud-By-Omission Landscape
While the U.S. Supreme Court's 2024 opinion in Macquarie v. Moab distinguished inactionable "pure omissions" from actionable "half-truths," the line between the two concepts in practice is still unclear, presenting challenges for lower courts parsing statements that often fall within the gray area of "misleading by omission," say attorneys at Katten.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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The Future Of ALJs At NLRB And DOL Post-Jarkesy
In the wake of the U.S. Supreme Court’s 2024 Jarkesy ruling, several ongoing challenges to the constitutionality of the U.S. Department of Labor's and the National Labor Relations Board's administrative law judges have the potential to significantly shape the future of administrative tribunals, say attorneys at Wiley Rein.
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The Tides Are Changing For Fair Access Banking Laws
The landscape of fair access banking laws, which seek to prevent banks from denying services based on individuals' ideological beliefs, has shifted in the last few years, but a new presidential administration provides renewed momentum for advancing such legislation against the backdrop of state efforts, say attorneys at Latham.
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Top 10 Healthcare And Life Sciences Issues To Watch In 2025
Under the new Trump administration, this coming year may benefit some healthcare and life sciences stakeholders, while creating new challenges for others amid an increasingly complex regulatory environment, say attorneys at Debevoise.
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Disciplinary Rule Updates Every Texas Lawyer Needs To Know
Sweeping amendments to the Texas Disciplinary Rules of Professional Conduct that recently went into effect provide essential clarity and modernity to rules governing conflicts of interest, client confidentiality and duties to prospective clients, says Robert Tobey at Johnston Tobey.
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Parsing 3rd Circ. Ruling On Cannabis, Employee Private Suits
The Third Circuit recently upheld a decision that individuals don't have a private right of action for alleged violations of New Jersey's Cannabis Regulatory, Enforcement Assistance and Marketplace Modernization Act, but employers should stay informed as the court encouraged the state Legislature to amend the law, say attorneys at Mandelbaum Barrett.
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Perspectives
How High Court May Rule In First Step Act Resentencing Case
U.S. Supreme Court justices grappled with verb tenses and statutory intent in recent oral arguments in Hewitt v. U.S., a case involving an anomalous resentencing issue under the First Step Act, and though they may hold that the statute is unambiguous, they could also decide the case on narrow, practical grounds, say attorneys at Bracewell.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Discretionary Compensation Lessons From 7th Circ. Ruling
The Seventh Circuit’s recent ruling in Das v. Tata established that contract disclaimers don't automatically bar claims under the Illinois Wage Payment and Collection Act, underscoring the limits of compensation systems that purport to grant employers unilateral discretion, say attorneys at Schoenberg Finkel.
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Gas Contract Fight Holds Lessons On Force Majeure Clauses
Ongoing litigation over gas deliveries during Winter Storm Uri underscores the need for precision and foresight when negotiating force majeure clauses in contracts — particularly in the energy sector, where climate-related disruptions and market volatility are inevitable, but often unpredictable, say attorneys at Spencer Fane.
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Justices Likely To Stay In ERISA's Bounds On Pleadings
The arguments in Cunningham v. Cornell showed the U.S. Supreme Court's willingness to resolve a circuit split regarding Employee Retirement Income Security Act pleading standards by staying within ERISA's confines, while instructing courts regarding what must be pled to survive a motion to dismiss, says Ryan Curtis at Fennemore Craig.