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Appellate
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June 30, 2025
Justices Pass On Exxon Mobil $14M Clean Air Act Dispute
The U.S. Supreme Court on Monday declined to review an en banc Fifth Circuit opinion that upheld $14.25 million in air pollution fines against Exxon Mobil Corp.
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June 30, 2025
Supreme Court Won't Take On CWA Suit Over Wash. Port Regs
The U.S. Supreme Court on Monday declined to wade into a dispute between a Washington state port and an environmental group over whether citizen suits seeking to enforce state permitting conditions that go beyond the Clean Water Act can proceed in federal court.
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June 30, 2025
Justices Allow Chinese Co. To Access Micron's Code Records
The U.S. Supreme Court on Monday denied Micron Technology Inc.'s efforts to block a Chinese semiconductor maker from accessing paper copies of sensitive source code during patent infringement litigation.
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June 30, 2025
Justices Pass On Free Speech Challenge To Ga. Strip Club Tax
The U.S. Supreme Court said Monday that it will not review a decision by Georgia's highest court that said a state tax on strip clubs that's used to fund efforts to address child trafficking does not violate the First Amendment.
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June 30, 2025
Justices Won't Review Taxing Of Power Plant On Tribal Land
The U.S. Supreme Court declined on Monday to hear a power company's claims that federal law protects a power plant it owns on tribal land in Arizona from property taxes.
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June 30, 2025
High Court Takes Up $1B Copyright Fight Over ISPs' Liability
The U.S. Supreme Court on Monday granted a petition for certiorari from Cox Communications Inc. that asked the justices to review a Fourth Circuit's conclusion that telecom companies can be liable for copyright infringement for providing an internet connection that leads to music piracy online.
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June 30, 2025
High Court To Hear Fight Over Investment Fund Suits
The U.S. Supreme Court on Monday agreed to hear a case that could limit the ability of private parties to assert contract violations against investment funds, with one activist investor accusing several closed-end funds of shutting it out of its voting rights.
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June 30, 2025
Justices Take On Enbridge Pipeline Remand Fight
The U.S. Supreme Court on Monday agreed to review a Sixth Circuit decision that found Enbridge Energy LP missed a statutory deadline to transfer to federal court a lawsuit from Michigan's attorney general seeking to shut down one of the company's pipelines.
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June 27, 2025
Paxton Names Morgan Lewis Partner Texas Solicitor General
Morgan Lewis & Bockius LLP partner William Peterson will serve as Texas' new solicitor general while the state's outgoing solicitor general, Aaron Nielson, will head to the University of Texas School of Law as a tenured professor, Texas Attorney General Ken Paxton announced Friday.
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June 27, 2025
Texas Justices OK Methodist Church's Suit Against SMU
The Texas Supreme Court found the United Methodist Church has the right to sue Southern Methodist University over its attempted split, but in a Friday opinion drew short of saying the university filed false paperwork as part of the breakup.
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June 27, 2025
Logging Co. Cleared In $73M Trial Over Firefighter's Death
A jury cleared R&T Logging of Oregon Inc. of liability Friday in a $73 million trial over the death of a firefighter and EMT in an accident in which an employee of the logging company's trucking partner was driving drunk.
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June 27, 2025
Texas Justices Say Paxton Can Keep Jan. 6 Records
The Texas Supreme Court found that Attorney General Ken Paxton does not have to cough up his communications during and after the Jan. 6, 2021, insurrection at the U.S. Capitol, saying in a Friday opinion only the state's high court may issue orders compelling executive officers to certain actions.
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June 27, 2025
Ga. Panel Says Court's Tech Glitch Shouldn't Kill Appeal
The Georgia Court of Appeals on Friday revived a tenant's appeal of an eviction action, saying the trial court wrongly dismissed the matter when it failed to explain why evidence of a delay caused by the court's electronic filing system did not save the appeal.
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June 27, 2025
Ill. High Court Says State Handgun Laws Comply With Bruen
A split Illinois Supreme Court on Friday ruled that the state's requirement that handgun owners maintain both a concealed weapon permit and a separate Firearm Owner's Identification Card is legal and not preempted by a recent decision by the U.S. Supreme Court.
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June 27, 2025
Fed Circ. Passes On VA, Veteran Dispute Over GI Bill Benefits
A three-judge Federal Circuit panel said it lacked jurisdiction to step into an ongoing GI Bill dispute as a long-serving veteran challenges an education benefits denial that purportedly flies in the face of a U.S. Supreme Court decision handed down last year.
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June 27, 2025
NY Man Wins New Trial Over Jury Instruction Issue
A man who was convicted of criminal weapons possession for firing a gun on a Brooklyn street was granted a new trial by the New York state appeals court, which found a trial court hadn't explained to the jury that it was sometimes legal to snatch a gun in self-defense.
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June 27, 2025
DC Circ. Backs NLRB Ruling In GWU Hospital Bargaining Case
The D.C. Circuit on Friday upheld a National Labor Relations Board ruling finding George Washington University Hospital bargained in bad faith with a Service Employees International Union local, saying evidence supported the board's conclusion that the hospital did not expect its proposals to lead to an agreement.
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June 27, 2025
6th Circ. Vacates Class Cert. In GM Transmission Defect Suit
The full Sixth Circuit on Friday unraveled class certification for drivers claiming General Motors LLC sold vehicles with defective transmissions that caused the cars to shudder and shake on the road.
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June 27, 2025
2nd Circ. Mulls Arguments In NY Atty Grievance Privacy Suit
A Second Circuit panel has questioned whether a pathway exists to limit the scope of "presumptive public access" to attorney grievance documents in New York, as the panel considers the state's appeal of a federal district court ruling that would make records related to attorney misconduct cases public.
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June 27, 2025
Groups Quickly Switch Tactics In Birthright Citizenship Cases
Just hours after the U.S. Supreme Court limited federal judges' ability to issue nationwide injunctions Friday, groups challenging the constitutionality of President Donald Trump's birthright citizenship executive order fired off a volley of new lawsuits, switching their legal actions to class action complaints.
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June 27, 2025
Del. Supreme Court Upholds Ruling In $5.5M Earnout Dispute
Delaware's highest court offered no long goodbye Friday to data management venture STX Business Solutions LLC's appeal for a revival of buyer breach claims in a suit dismissed by the Court of Chancery in October.
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June 27, 2025
NC Appeals Court Urged To Back Firing Of General Counsel
North Carolina's body of independent administrative law judges is urging the state appeals court to reject its former general counsel's bid to revive his claims that his politics got him fired, arguing that his position is exempt from certain workplace protections.
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June 27, 2025
Fed. Circ. Upholds Win For Lyft On Vehicle Monitoring Patents
The Federal Circuit said it won't undo Lyft's lower court win in litigation where it was accused of infringing a pair of Quartz Auto Technologies LLC patents, rejecting arguments that a judge misinterpreted the patent claims.
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June 27, 2025
Pregnancy Loss Draws Police Scrutiny Following Dobbs
The nation's abortion debate has played out in civil courtrooms and state capitols across the country since the overturning of Roe v. Wade three years ago. But the battle is also emerging in another arena: the criminal courts.
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June 27, 2025
How States Are Rethinking Life Without Parole For Youth
A wave of recent state high court rulings, including a landmark decision in Michigan in April, has curtailed the use of mandatory life without parole for defendants under 21, citing evolving standards of decency and brain science. Hundreds of incarcerated individuals in Michigan are now eligible for resentencing, but the reforms face resistance from prosecutors, victims’ rights advocates, and dissenting justices who warn of consequences for public safety and judicial overreach.
Expert Analysis
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High Court Ruling Bucks Trend Of Narrowing Fraud Theories
The U.S. Supreme Court’s recent Kousisis v. U.S. decision, holding that economic loss is not required to establish prosecutors’ fraudulent inducement theory of fraud, is at odds with its decadeslong narrowing of federal fraud statutes’ reach, and may lead to convictions for a wide variety of contractual misrepresentations, say attorneys at Keker Van Nest.
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High Court Order On Board Firings Is Cold Comfort For Fed
The U.S. Supreme Court’s recent Trump v. Wilcox order, upholding the firings of two independent agency board members during appeal, raises concerns about the future of removal protections for Federal Reserve System members, and thus the broader politicization of U.S. monetary policy, say attorneys at Squire Patton.
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Series
Law School's Missed Lessons: Supporting A Trial Team
While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.
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Google Damages Ruling May Spur Income Approach Usage
The Federal Circuit's recent decision in EcoFactor v. Google may affect the extent to which damages experts apply the market approach in patent infringement matters, and income approach techniques may assume greater importance, says Erin Crockett at Charles River Associates.
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Opinion
Address Nationwide Injunction Issues With Random Venues
Many of the qualms about individual district court judges' authority to issue nationwide injunctions could be solved with a simple legislative solution: handling multiple complaints about the same agency action filed in different district courts by assigning a venue via random selection, says Harvey Reiter at Stinson.
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Series
Adapting To Private Practice: From US Attorney To BigLaw
When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.
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11th Circ. Ruling Warns Parties To Follow Arbitral Rules
The Eleventh Circuit's recent decision in Merritt Island Woodwerx v. Space Coast is important for companies utilizing arbitration clauses because it clearly demonstrates the court's intent to hold noncompliant parties responsible in federal court — regardless of subsequent efforts to cure, says Ed Mullins at Reed Smith.
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2nd Circ. Limits VPPA Liability, But Caveats Remain
The Second Circuit's narrowed scope of the Video Privacy Protection Act in Solomon v. Flipps Media, in which the court adopted the ordinary person standard, will help shield businesses from VPPA liability, but the decision hardly provides a free pass to streamers and digital media companies utilizing website pixels, say attorneys at Frankfurt Kurnit.
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The Ins And Outs Of Consensual Judicial References
As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.
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SpaceX Labor Suit May Bring Cosmic Jurisdictional Shifts
The National Mediation Board's upcoming decision about whether SpaceX falls under the purview of the National Labor Relations Act or the Railway Labor Act could establish how jurisdictional boundaries are determined for employers that toe the line, with tangible consequences for decades to come, say attorneys at Davis Wright.
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Opinion
The BigLaw Settlements Are About Risk, Not Profit
The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.
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Opinion
Courts Must Revitalize Robust Claim Construction
Two Federal Circuit decisions from earlier this year illustrate the rarity of robust claim construction and the underused reverse doctrine of equivalents — a dual problem that prevents courts from clearly delineating and correctly cabining the scope of rights conferred by patent claims, say attorneys at Klarquist Sparkman.
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State Tort Claims May Help Deter Bribes During FCPA Pause
As the U.S. pauses Foreign Corrupt Practices Act enforcement, companies that lose business due to competitors' bribery should consider using state tortious interference suits to expose corruption, deter illegal practices and obtain compensation for commercial losses, says Jason Manning at Levy Firestone.
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2nd Circ. Arb. Ruling May Give Foreign Insurers An Edge
The Second Circuit's decision this month in Lloyds of London v. 3131 Veterans Blvd that international arbitration agreements take primacy over state anti-arbitration insurance laws opens a division between domestic and foreign insurers that could affect the surplus lines market, says attorney Rosanne Felicello.
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Buyer Beware Of Restrictive Covenants In Delaware
Based on recent Delaware Chancery Court opinions rejecting restricted covenants contained in agreements in the sale-of-business context, businesses need to craft narrowly tailored restrictions that have legitimate interests, say attorneys at Saul Ewing.