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Appellate
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February 04, 2025
4th Circ. Keeps NC Judge's Ballot Battle In State Court
The Fourth Circuit will let a North Carolina state court decide the fate of a contested associate justice race that remains unresolved months after the election, but the panel left the door open for a district court to decide any leftover federal constitutional issues.
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February 04, 2025
5th Circ. Backs Biden's Gov't Contractor Wage Hike
The Fifth Circuit upended on Tuesday a ruling that blocked an executive order increasing the minimum wage for federal contractors to $15 per hour, saying former President Joe Biden acted within his authority when he put forward the regulation because it was intended to promote economy and efficiency.
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February 04, 2025
Severance Pact Sinks Ex-Mercedes Exec's Age, Race Bias Suit
The Sixth Circuit upheld the dismissal Tuesday of a former executive's suit claiming the financial arm of Mercedes-Benz pushed her out of the company due to age and racial bias, rejecting her argument that a severance agreement she signed before suing the business wasn't enforceable.
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February 04, 2025
11th Circ. Urged To Adopt 'Consensus' On Officers' Immunity
A Georgia woman who was subjected to a strip and cavity search while visiting her husband in prison urged the full Eleventh Circuit on Tuesday to build on its prior ruling that her rights had been violated and to sweep away the prison officials' defenses of qualified immunity.
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February 04, 2025
NJ Wildlife Regulator Is Unconstitutional, Ex-Legislator Argues
A former New Jersey state senator urged an appeals court Tuesday to revive his nonprofit company's suit challenging the constitutionality of the state's hunting and fishing regulatory agency, arguing it's the only policymaking body in the state controlled by a single private organization.
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February 04, 2025
NLRB Attys Won't Address Member Removal In 5th Circ. Row
National Labor Relations Board attorneys told the Fifth Circuit that they won't defend NLRB members' firing protections at a Feb. 5 hearing on the agency's constitutionality in the wake of the president's removal of a board member and appointment of a new acting prosecutor.
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February 04, 2025
Apple Asks DC Circ. To Pause Google Search Case For Appeal
Apple has asked the D.C. Circuit to pause the remedies phase of the landmark monopolization case targeting Google's search dominance, arguing it needs to intervene to protect its contracts with Google that are worth billions of dollars each year.
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February 04, 2025
6th Circ. Urged To Back $600M Train Derailment Deal
Norfolk Southern and East Palestine, Ohio, residents defended a $600 million class settlement in Sixth Circuit briefs Monday, saying the deal provides meaningful relief to people and businesses impacted by a 2023 train derailment and release of toxic chemicals.
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February 04, 2025
US, Osage Nation Fight Bid To Stay $4.2M Wind Farm Order
The U.S. government is fighting a bid by Enel Green Power North America to stay a $4.2 million judgment and permanent injunction that requires it to remove 84 wind turbines from the Osage Nation's reservation, arguing that the company is unlikely to prevail in a Tenth Circuit appeal.
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February 04, 2025
Docs Say DEA Didn't Put All Documents In Pot Hearing Record
A group of doctors who had petitioned to halt the Drug Enforcement Administration's hearings on whether to reschedule cannabis under the Controlled Substances Act are asking the D.C. Circuit to order the agency to add documents to the record that they say have been wrongly excluded.
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February 04, 2025
4th Circ. Revives FCA Suit Alleging Faked Therapy Notes
The Fourth Circuit on Monday sided with a whistleblower who accused her former employer of creating fake notes about addiction therapy sessions that never happened, finding that she had sufficiently detailed the allegations and connected the dots to defeat a motion to dismiss.
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February 04, 2025
Boeing Supplier Tells 5th Circ. To Ax Texas Biz Records Law
Boeing supplier Spirit AeroSystems Inc. cited U.S. Supreme Court precedent in urging the Fifth Circuit to uphold a lower court finding that a Texas statute requiring businesses to immediately comply with the state's demand to examine business records is facially unconstitutional.
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February 04, 2025
Mellon Heir's Estate Defends $29M Tax Refund Request
A Pittsburgh billionaire made a "bona fide" deal to indemnify the trustees for his Mellon family millions as he drained a family trust account, so a $200 million settlement to partly replenish the fund for his heirs should be deductible and produce a $29 million refund of his Pennsylvania estate taxes, the estate's lawyer told a state appellate court Tuesday.
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February 04, 2025
Trans Deputy's Bias Case Hits Headwinds At 11th Circ.
The full Eleventh Circuit grappled Tuesday with whether a county health plan's coverage exclusions for gender-affirming surgery conflicted with a 2020 U.S. Supreme Court decision, with several judges taking issue with a panel's ruling that found coverage denials for a transgender employee's vaginoplasty amounted to unlawful discrimination.
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February 04, 2025
Appellate Group Of The Year: Jones Day
Jones Day spent 2024 stacking up wins in some of the highest-profile and controversial appellate cases of the year, representing everyone from election betting market Kalshi to gun manufacturers and a state legislature accused of racial gerrymandering, all reasons it was picked as one of the 2024 Law360 Appellate Groups of the Year.
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February 04, 2025
3rd Circ. Urged To Nix Tax On $191M In Family Pharma Feud
A pharmaceutical company's $191 million payment settling a family feud over shares of the business did not include imputed interest triggering higher taxes as the U.S. government claims, a trust for family members who received the money told the Third Circuit.
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February 04, 2025
Holtzman Vogel Adds Election Law Talent In Arizona, Virginia
Holtzman Vogel Baran Torchinsky & Josefiak PLLC has hired six attorneys in offices across the United States, including some based in Arizona and Virginia who focus their practices on election and constitutional law issues.
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February 04, 2025
NJ Atty Avoids Disbarment After Bank Fraud Conviction
A New Jersey attorney who was disbarred in New York and Colorado after copping to participating in a bank fraud conspiracy in 2017 has been handed a three-year license suspension in the Garden State, retroactive to the date of her guilty plea.
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February 03, 2025
6th Circ. Axes $650M Judgment Against CVS, Walgreens
The Sixth Circuit has vacated two Ohio counties' $650 million win against CVS Health, Walgreens and Walmart, an expected decision that comes after the Ohio Supreme Court found that the state's product liability law doesn't allow for public nuisance claims to be brought over the opioid crisis.
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February 03, 2025
Google Fights Uphill To Scrap Antitrust Verdict At 9th Circ.
A Ninth Circuit panel appeared skeptical on Monday of Google's bid to throw out Epic Games' antitrust trial win and injunction requiring Google to open its Play Store to rivals following Epic Games' partial antitrust loss against Apple, with each judge doubting that the Apple ruling is necessarily preclusive.
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February 03, 2025
5th Circ. Panel Split On NLRB Case After Post-Loper Remand
Members of a Fifth Circuit panel appeared split Monday about whether to once again uphold a National Labor Relations Board decision letting its acting prosecutor pull a pending suit in the wake of the U.S. Supreme Court's decision last year to scale back courts' deference to federal agencies.
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February 03, 2025
Del. Justices Agree Conduent Fraud Verdict Wasn't Proper
Delaware's Supreme Court on Monday affirmed a Superior Court judge's ruling setting aside a jury verdict that Delaware-chartered Conduent State Healthcare LLC tried to defraud insurers after paying a $236 million Medicaid settlement in Texas.
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February 03, 2025
Ruling Boosts Claims In Ill. Tribal Casino Row, 7th Circ. Told
A proposed tribal casino in the Illinois city of Waukegan has told the Seventh Circuit that a recent Illinois Supreme Court ruling in a related case shows the city is responsible for a constitutional injury against the casino as it presses a case claiming intentional discrimination.
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February 03, 2025
4th Circ. Won't Block SC Mixed-Use Housing Project
The Fourth Circuit refused to temporarily block the development of a nearly 4,000-acre mixed-use Charleston, South Carolina, development project, ruling that the conservationists challenging the project failed to show that the federal government violated federal law after issuing a Clean Water Act permit for the project.
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February 03, 2025
5th Circ. Won't Revisit HHS Win On Scope Of ACA
The Fifth Circuit has declined to conduct an en banc rehearing after an appellate panel upheld a U.S. Department of Health and Human Services rule that said the Affordable Care Act forbids against transgender bias in healthcare, but one judge argued the court got its analysis wrong.
Expert Analysis
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Ring In The New Year With An Updated Employee Handbook
One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.
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What Loper Bright And Trump 2.0 Mean For New Transpo Tech
The U.S. Supreme Court's recent ruling in Loper Bright Enterprises v. Raimondo, combined with the incoming Trump administration's deregulatory agenda, will likely lead to fewer new regulations on emerging transportation technologies like autonomous vehicles — and more careful and protracted drafting of any regulations that are produced, say attorneys at Venable.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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Alpine Ruling Previews Challenges To FINRA Authority
While the D.C. Circuit's holding that the Financial Industry Regulatory Authority can't expel member firm Alpine prior to U.S. Securities and Exchange Commission review was relatively narrow, it foreshadows possibly broader constitutional challenges to FINRA's enforcement and other nongovernmental disciplinary programs, say attorneys at Stradley Ronon.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Can Romania Escape Its Arbitral Award Catch-22?
Following a recent European Union General Court decision, Romania faces an apparent stalemate of conflicting norms as the country owes payment under an International Centre for Settlement of Investment Disputes award, but is prohibited by the European Commission from making that payment, say attorneys at Orrick.
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7th Circ. Ruling Muddies Split On Trade Secret Damages
The Seventh Circuit's recent endorsement in Motorola v. Hytera of a Second Circuit limit on avoided-cost damages under the Defend Trade Secrets Act contradicts even its own precedents, and will further confuse the scope of a developing circuit conflict that the U.S. Supreme Court has already twice declined to resolve, says Jordan Rice at MoloLamken.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.
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Using Data To Inform Corporate Disclosure Decisions
With today’s market volatility and regulatory factors requiring public companies to confront competing transparency and protection demands, incorporating stock price reaction analysis of company-specific news into the controller's role could be beneficial for disclosure determinations, say Liz Dunshee at Fredrikson & Byron and Nessim Mezrahi at SAR.
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Firms Still Have The Edge In Lateral Hiring, But Buyer Beware
Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.
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5th Circ. Crypto Ruling Shows Limits On OFAC Authority
The Fifth Circuit's recent decision that immutable smart contracts on the Tornado Cash crypto-transaction software protocol are not "property" subject to Office of Foreign Assets Control jurisdiction may signal that courts can construe OFAC's authority more restrictively after Loper Bright, say attorneys at Morgan Lewis.
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Risk Disclosure Issue Remains After Justices Nix Meta Case
After full briefing and argument, the U.S. Supreme Court recently dismissed Facebook v. Amalgamated Bank as improvidently granted, leaving courts with the tricky endeavor of determining when the failure to disclose a past event in an Item 105 risk disclosure is materially misleading, say attorneys at Lowenstein Sandler.
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Think Like A Lawyer: 1 Type Of Case Complexity Stands Out
In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.
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The Malpractice Perils Of Elder Abuse Liability
Recent cases show that the circumstances under which an attorney may be sued for financial elder abuse remain unsettled, but practitioners can avoid these malpractice claims altogether by taking proactive steps, like documenting the process of evaluating a client's directives under appropriate standards, says Edward Donohue at Hinshaw & Culbertson.
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Fed. Circ. Ruling Shows Importance Of Trial Expert Specificity
The Federal Circuit’s recent ruling in NexStep v. Comcast highlights how even a persuasive expert’s failure to fully explain the basis of their opinion at trial can turn a winning patent infringement argument into a losing one, say attorneys at Barnes & Thornburg.