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California
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June 18, 2025
BofA Judge Doubts Class Certification Bid In Unpaid PTO Suit
A California federal judge doubted Wednesday whether a named plaintiff can adequately represent a proposed class of Bank of America employees who claim they weren't paid for unused vacation time when they left the bank, observing during a hearing that her individualized issues "could make her very differently situated."
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June 18, 2025
Hong Kong-Based Airline Sued Over Failed Takeoff To LA
Plane passengers injured during a failed takeoff and "chaotic emergency evacuation" are suing Hong Kong-based Cathay Pacific Airways Ltd., claiming the company failed to maintain equipment and properly train crew.
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June 18, 2025
9th Circ. Tosses NLRB Order On Union Jurisdiction Dispute
The Ninth Circuit on Wednesday axed a National Labor Relations Board order barring a longshore union from going after maintenance work in the Port of Seattle that was awarded to the Machinists, with one judge inviting en banc review of appeals court precedent about work preservation defenses.
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June 18, 2025
Trump's Attack On Fed. Worker Unions Meets Skeptical Judge
A California federal judge Wednesday appeared open to temporarily blocking President Donald Trump's executive order reclassifying hundreds of thousands of federal workers to bar them from collective bargaining, calling the order "dramatic" and "unprecedented," and asking about the downsides of keeping the status quo until trial.
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June 18, 2025
Split 9th Circ. Partly Undoes Walmart Copyright Verdict
The Ninth Circuit on Wednesday reversed part of a jury's verdict that found Walmart had violated a sculptor's copyrights by selling knockoffs of her lamps, allowing the retail giant to escape paying her attorney fees for now.
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June 18, 2025
9th Circ. Backs Papa John's Win Against Wiretapping Suit
The Ninth Circuit refused to reinstate a customer's proposed class action accusing Papa John's of recording website visitors' activities in violation of the California Invasion of Privacy Act, ruling Wednesday the pizza chain, as a party to the communications, can't be liable for spying on its own conversation.
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June 18, 2025
Reddit Execs Downplayed Google AI's Impact, Investors Say
Reddit and its top brass downplayed the impact Google's artificial intelligence-generated search results had on the forum website's traffic and ad revenues, causing stocks to drop when the truth emerged about weakening revenues, according to an investor's proposed class action filed Wednesday in California federal court.
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June 18, 2025
Judge Warns Overeager Samsung, ZTE Attys Not To Bug Staff
A California federal judge has issued a short, stern warning to counsel in Samsung's antitrust fight against ZTE over its standard essential patents' licensing practices, telling counsel not to contact court staff again about the status of their pending stipulation and noting "future improper communications to court staff may result in sanctions."
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June 18, 2025
Netflix Gets Fed. Circ.'s Backing In Streaming Patent Fight
The Federal Circuit on Wednesday affirmed a Patent Trial and Appeal Board finding that invalidated claims in a streaming patent challenged by Netflix while also vacating the board's decision to decline to scrub other claims.
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June 18, 2025
Feds Want Pa. Inmate To Face $810K Tax Refund Case
Massachusetts federal prosecutors want a Pennsylvania inmate returned to the Bay State by July to face claims he impersonated a corporate executive and swiped an $810,000 tax refund bound for a Stamford, Connecticut, investment firm.
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June 18, 2025
California Bar Exam Woes Latest Chapter In Ongoing Scrutiny
Recent headline-grabbing blunders with the February California bar exam represent a stumbling block in a yearslong effort to reshape the exam, with an eye toward equity and accessibility for the more than 10,000 applicants who sit for the exam each year.
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June 18, 2025
DOJ Defends Using Written Depos In HPE-Juniper Merger Trial
The U.S. Department of Justice is defending its proposal to include written deposition testimony into the record for its upcoming antitrust trial against Hewlett Packard Enterprise's $14 billion purchase of Juniper Networks, saying that playing depositions live would waste crucial time in what is scheduled to be an eight-day trial.
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June 18, 2025
Judge Says A Ruling Unfreezing Wind Projects May Be Pyrrhic
A Massachusetts federal judge said on Wednesday he will allow key claims to move forward in a suit challenging the Trump administration's halt of wind farm project reviews, yet he suggested even if the plaintiffs ultimately prevail, the administration could still simply deny requests for permits and leases.
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June 18, 2025
Fed. Circ. OKs Google's PTAB Win In Sonos Patent Fight
The Federal Circuit on Wednesday backed a Patent Trial and Appeal Board finding that claims in a Sonos music playback patent were invalid, handing a win to Google in a larger fight between the companies.
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June 18, 2025
California Cities Say Enviro Group Destroyed Testing Data
The cities of Sunnyvale and Mountain View, California, are asking a federal judge to sanction environmental group San Francisco Baykeeper in a suit alleging the cities allowed sewage into the bay, saying the group destroyed key evidence either by "conscious effort or gross negligence."
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June 17, 2025
Cancer Diagnostics Firm, Insurer Price 2 IPOs Totaling $902M
Cancer-diagnostics test provider Caris Life Sciences Inc. and coastal-focused residential insurer Slide Insurance Holdings Inc. will begin trading Wednesday after pricing two initial public offerings that raised a combined $902 million, guided by five law firms.
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June 17, 2025
States Say Trump Admin Can't Freeze EV Charging Funds
An attorney for the Washington Attorney General's Office on Tuesday urged a federal judge in Seattle to issue a preliminary injunction requiring the Trump administration to release funding for electric vehicle charging infrastructure projects in 16 states, saying the administration cannot "go back in time" and eliminate congressionally approved funding.
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June 17, 2025
Samsung Says Jurors Lied In Netlist IP Trial, Seeks Do-Over
Samsung told a California federal judge it needs a fourth trial against Netlist Inc. after losing a suit over a deal to license computer memory patents, saying three jurors lied during voir dire in a case that bolsters Netlist's position regarding $421 million worth of related verdicts in Texas.
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June 17, 2025
9th Circ. Skeptical Of Blocking National Guard Deployment
A Ninth Circuit panel appeared open Tuesday to striking down a temporary restraining order — currently paused — that would block President Donald Trump from sending the National Guard into Los Angeles, with two judges repeatedly citing case law suggesting the president has broad discretion to mobilize the Guard.
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June 17, 2025
Split 9th Circ. Wants Review Of Migrant's Mental Competency
The Ninth Circuit has revived a Guatemalan man's bid for deportation relief, with a split panel of judges saying in a published opinion that the Board of Immigration Appeals should have had an immigration judge look into the man's competency.
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June 17, 2025
ImmunityBio's $10.5M Investor Deal Gets Final OK
A California federal judge has granted final approval to a $10.5 million settlement between oncology drug company ImmunityBio Inc. and investors who claim they were misled over the likelihood the U.S. Food and Drug Administration would approve the company's bladder cancer drug.
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June 17, 2025
AgTech Co. Can Block Rival's Weeding Tool In Patent Fight
A California federal judge has sided with agriculture technology company Carbon Autonomous Robotic Systems to block a rival from selling a laser-based weeding tool that Carbon claims infringes its patents.
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June 17, 2025
Nissan Asks Justices To Void Certified Sunroof Defect Classes
Nissan North America Inc. has asked the U.S. Supreme Court to unravel certified classes of drivers alleging the automaker sold vehicles with defective panoramic sunroofs, saying the Ninth Circuit endorsed a "grossly unfair" standard that allows uninjured plaintiffs to level inflated class claims against corporate defendants.
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June 17, 2025
8th Circ. Says NLRB Misapplied Standard In Starbucks Case
The National Labor Relations Board improperly ignored a Starbucks employee's impression of her manager's comments during a union campaign when concluding the comments were unlawful, a split Eighth Circuit panel ruled Tuesday, resolving a case that challenged the board's standard for determining when an employer's anti-union rhetoric violates labor law.
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June 17, 2025
Org. Urges 9th Circ. To OK NFL Sunday Ticket Verdict Dismissal
A legal foundation focused on promoting free enterprise principles is offering support to the NFL as the league defends a California federal judge's dismissal of a jury's $4.7 billion Sunday Ticket price-fixing award, arguing Tuesday the district court was right to correct a "gatekeeping failure" in expert testimony.
Expert Analysis
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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2 Recent Federal Decisions Affecting State CIPA Cases
Two recent cases may help stem the tide of the ever-increasing number of California Invasion of Privacy Act complaints filed in federal court, but won't prevent plaintiffs from filing in state courts, so companies need to shift their focus from Article III standing to statutory standing, says Matthew Pearson at Womble Bond.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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And Now A Word From The Panel: MDL Hubs
The Judicial Panel on Multidistrict Litigation showed a willingness in 2024 to establish new multidistrict litigation proceedings in cities with both less MDL and air traffic, including states that had no other pending MDL proceedings, but the overall number of pending MDL proceedings has dwindled down, says Alan Rothman at Sidley.
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Service By Token Is Transforming Crypto Litigation Landscape
As the Trump administration advocates a new course of cryptocurrency regulation, courts in the U.S. and abroad are authorizing innovative methods of process service, including via nonfungible tokens and blockchain messaging, offering practical solutions for litigators grappling with the anonymity of cyber defendants, says Jose Ceide at Salazar Law.
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Opinion
After Fires, Calif. Must Streamline Enviro Reviews For Housing
Recent waivers to the California Environmental Quality Act and other laws granted by California Gov. Gavin Newsom to expedite reconstruction of residential property damaged in the Los Angeles wildfires are laudable — but given the state's widespread housing shortage, policymakers should extend the same benefits to other communities, say attorneys at Alston & Bird.
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PG&E Win Boosts Employers' Defamation Defense
A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.
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How Calif. Algorithmic Pricing Bills Could Affect Consumers
California's legislative efforts to regulate algorithmic pricing may address antitrust and fairness concerns, but could stop retailers from providing consumer discounts, says Alyssa Sones at Sheppard Mullin.
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State Securities Enforcers May Fill A Federal Enforcement Gap
The U.S. Securities and Exchange Commission appears poised to take a lighter touch under the new administration, but state enforcement efforts are likely to continue unabated, and potentially even increase, particularly with regard to digital assets and ESG disclosures, say attorneys at Ropes & Gray.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Recent Cases Highlight Latest AI-Related Civil Litigation Risks
Ongoing lawsuits in federal district courts reveal potential risks that companies using artificial intelligence may face from civil litigants, including health insurance coverage cases involving contractual and equitable claims, and myriad cases concerning securities disclosure claims, say attorneys at Katten.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.
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High Court Water Permit Ruling Lacks Specificity
The enforcement impact of the U.S. Supreme Court’s recent decision in San Francisco v. U.S. Environmental Protection Agency may not be significant, because while the ruling makes clear that certain water permit provisions must instruct permittees on how to achieve stated goals, it doesn’t clarify the level of necessary instruction, says Daniel Deeb at ArentFox Schiff.
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How Calif.'s Wildfire Insurance Crisis Might Affect Texas
Attorneys at Munsch Hardt examine the implications of California's wildfire insurance crisis for Texas, including potential shifts in coverage availability, regulatory differences and how the insurers in the second-largest U.S. state may react to a major wildfire event.