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Appellate
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August 01, 2025
11th Circ. Backs Dismissal Of Luli Fama Swimwear Ad Suit
The Eleventh Circuit affirmed the dismissal of a putative class action against Luli Fama and various social media influencers for failing to disclose the influencers' endorsements of the brand's swimwear products were paid, saying the lower court rightly found the plaintiff failed to allege fraud with the necessary particularity.
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August 01, 2025
Highland Capital Asks Supreme Court To Clarify Ch. 11 Shields
Hedge fund Highland Capital Management has urged the U.S. Supreme Court to allow it to safeguard some of the key parties in its Chapter 11 bankruptcy from liability and review a Fifth Circuit decision that narrowed the bankruptcy court's "gatekeeping" powers to determine who can be sued.
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August 01, 2025
En Banc 9th Circ. Backs LA Schools In Vax Mandate Fight
A majority en banc Ninth Circuit has affirmed a lower court's decision upholding Los Angeles Unified School District's COVID-19 vaccine mandate for employees, while two partially dissenting judges disagreed with the majority's conclusion that the policy passes constitutional muster.
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August 01, 2025
Village Ordinance Wrongly Bans Wind Farms, Ill. Panel Says
An Illinois state appellate court majority on Friday reversed a village's summary judgment win in a lawsuit targeting an ordinance purportedly setting wind power generation limits, saying the ordinance effectively bans commercial wind farms without statutory authority.
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August 01, 2025
Normal Wear Is On Landlord's Dime, Not Renters', Court Says
Massachusetts' highest court on Friday concluded that landlords cannot ding a tenant's security deposit for normal wear and tear like scuffs on walls, nor can they force a tenant to pay for professional cleanings during a moveout.
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August 01, 2025
States Urge High Court To Keep NIH Grant Funds Flowing
A coalition of 16 states pressed the U.S. Supreme Court on Friday to reject the Trump administration's push to resume the mass termination of scientific research grants, saying a district judge had authority to pause the cuts.
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August 01, 2025
8th Circ. Backs U. Of Nebraska In ADHD Disability Bias Suit
The Eighth Circuit backed the dismissal Friday of an ex-information technology worker's suit claiming the University of Nebraska fired him for seeking accommodations for his attention-deficit/hyperactivity disorder, ruling he failed to show his condition, rather than a violation of school policy, caused his termination.
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August 01, 2025
Fed. Circ. Bugged By Injunction In Insecticide Patent Dispute
The Federal Circuit on Friday scrubbed a preliminary injunction blocking a company from selling an insecticide product while a competitor's patent infringement case proceeded against it, faulting a lower court's claim construction and patent validity analysis.
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August 01, 2025
1st Circ. Doubtful Of Trump's Stance On Birthright Citizenship
The First Circuit on Friday seemed inclined to say that the children of unauthorized immigrants are citizens if they were born on U.S. soil, citing both the 14th Amendment and a subsequent U.S. Supreme Court ruling and pushing back on an argument by President Donald Trump's administration.
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August 01, 2025
Full Fed. Circ. Won't Eye Effect Of PTAB Ax In Groupon Case
The full Federal Circuit on Friday rejected Groupon's request for review of a decision that allowed a patent suit against it to proceed on some claims after similar ones were invalidated in an inter partes review, although two dissenting judges said the holding undermines the America Invents Act.
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August 01, 2025
4th Circ. Says Richmond PD Bias Claims Can't Sink Indictment
The Fourth Circuit on Friday restored a federal grand jury indictment against a driver who fled police in Richmond, Virginia, finding a district court overstepped in blaming purported racial bias by the Richmond Police Department for the otherwise justifiable traffic stop.
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August 01, 2025
US Defends Bulk Denial Of Worker Credits At 9th Circ.
An Arizona federal court was right to deny a request by tax services firms to stop the IRS from issuing batch denials of thousands of pandemic-era worker credit claims, the U.S. told the Ninth Circuit, defending the agency's system for handling problems administering the tax credit.
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August 01, 2025
7th Circ. Backs Prison Warden's Firing Over Facebook Memes
The Seventh Circuit has refused to revive a deputy prison warden's suit claiming he was terminated in retaliation for sharing memes online denigrating Muslims, Black people, liberals and the LGBTQ community and calling the Confederate flag "our flag," saying the corrections department's interest as a public employer outweighs his speech interests.
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August 01, 2025
Fed. Circ. Won't Move Fintiv, Apple Trial Date
The Federal Circuit on Friday denied Fintiv Inc.'s request to delay its Monday trial against Apple over a patent for storing virtual credit cards on mobile devices for contactless payments.
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August 01, 2025
Ill. Court Finds Labor Board Erred In Supervisor Status Case
An Illinois appeals court has reversed a state labor panel's decision adding workers at Illinois State University to an existing bargaining unit represented by an American Federation of State, County & Municipal Employees council, saying the panel ignored precedent on which workers are union-ineligible supervisors.
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August 01, 2025
4 Argument Sessions Benefits Attys Should Watch In August
The Ninth and Eleventh circuits in August will hear from employers fighting trial court decisions refusing to kick proposed class actions alleging ERISA violations into individual arbitration. Here's a look at four coming oral argument sessions that should be on benefits lawyers' radar.
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August 01, 2025
Mass. Judge Can't Dismiss Assault Case Via Sanction
A Massachusetts appeals court has determined that a trial court judge abused her discretion in dismissing an assault and battery case with prejudice as the result of a sanction on the prosecution for dragging its feet in discovery.
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August 01, 2025
6th Circ. Upholds Michigan Ban On Drone-Assisted Hunting
The Sixth Circuit upheld a Michigan law that prohibits the use of drones for hunting, finding the state has a compelling reason to manage wildlife hunts despite the free speech objections lodged by the plaintiffs.
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August 01, 2025
EPA Beats Coolant Cos.' Challenge To HFC Regs
The D.C. Circuit on Friday rejected refrigerant companies' challenges to a law requiring the U.S. Environmental Protection Agency to phase down the use of hydrofluorocarbons and said the cap-and-trade program implementing the law was based on sound methodology.
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August 01, 2025
NY Law Mandating Judicial Fine Declared Unconstitutional
A New York state appeals court has declared unconstitutional a statute that mandates a judge forfeit $1,000 to a plaintiff if the judge refuses to issue a writ of habeas corpus.
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August 01, 2025
9th Circ. Pauses Google Play Store Order In Antitrust Row
The Ninth Circuit on Friday granted Google's same-day request for an emergency administrative pause on a looming deadline to open up the tech giant's Play Store to alternative app distribution after the appellate court upheld a landmark antitrust win for Epic Games.
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August 01, 2025
NC Atty Says Ex-Wife Has No Claim To Firm's Future Earnings
An intellectual property lawyer in North Carolina told the state's top court that his ex-wife isn't entitled to half the value of his law firm in their divorce, arguing that whatever he earns from the firm's goodwill in the future can't be divvied up as part of the marital estate.
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August 01, 2025
Fed. Circ. Backs PTAB Ax Of Claims In Network Speed Patents
The Federal Circuit on Friday affirmed a handful of Patent Trial and Appeal Board decisions that found claims across four patents on increasing network communication speed owned by Israeli tech company Bright Data were invalid.
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August 01, 2025
3rd Circ. Says Jury Doesn't Need Experts For Sig Sauer Suit
A U.S. Immigration and Customs Enforcement agent who was accidentally shot in the leg does not need expert testimony to make his case that a defective gun design was the cause of his injury, since a layperson could draw their own conclusions once they understood the underlying mechanisms, a Third Circuit panel said Friday.
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August 01, 2025
4th Circ. Says Court Can Hear Asbestos Spinoff's Ch. 11
The Fourth Circuit Friday found Georgia-Pacific asbestos unit Bestwall can stay in Chapter 11, saying a debtor's financial status has no bearing on whether a bankruptcy court has jurisdiction over its case.
Expert Analysis
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Series
Florida Banking Brief: All The Notable Legal Updates In Q1
The first quarter of 2025 saw the Trump administration's crypto-forward approach permeate the banking industry, including Florida banking institutions, and a Fourth District Court of Appeal decision provide a new precedent for borrower/lender standing, say attorneys at Kozyak Tropin.
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Meta Case Brings Customer-Facing Statements Issue To Fore
Now that Facebook v. Amalgamated Bank has returned to California federal court after the U.S. Supreme Court in November found it improvidently granted certiorari, it will be worth watching whether customer-facing communications, such as Facebook's privacy policies, are found to be made in connection with the sale of a security, says Samuel Groner at Fried Frank.
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A Cold War-Era History Lesson On Due Process
The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.
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Home Depot Ruling Tolls Death Knell For 'Silent Cyber'
The Sixth Circuit's recent ruling that Home Depot's insurers did not have to cover costs from a data breach hammered one more nail in the coffin of silent cyber, where coverage is sought under standard property or commercial general liability policies that were not intended to insure cyberattack claims, say attorneys at Zelle.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Texas Case Shows Why Juries Are Well-Suited To COVID Suits
The original jury verdict in Baylor College of Medicine v. Lloyd's, currently on appeal to the Texas Supreme Court after being overturned by an appellate panel, illustrates why COVID-19 business interruption claims with their case-specific facts need to be decided by juries, not by judges using a one-size-fits-all approach, says Jeremy Lawrence at Farella Braun.
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Filial Consortium Claims' Future After Conn. High Court Ruling
While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.
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4th Circ. Health Data Ruling Opens Door To State Law Claims
In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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2 Del. Rulings Reinforce Proof Needed For Records Demands
Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Justices May Clarify What IP Competitors In Litigation Can Say
If the U.S. Supreme Court agrees to weigh in on Atturo Tire v. Toyo Tire, it may be able to provide guidance on the murky questions surrounding what companies enforcing their intellectual property against competitors are allowed to say in public, say attorneys at Ballard Spahr.