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September 26, 2025
Exxon Beats BP's Defense Claims In Brooklyn Oil Spill Row
Exxon Mobil Corp. wasn't required to defend BP Products North America against lawsuits resulting from a Brooklyn oil spill nearly 50 years ago — or pay its multimillion-dollar legal tab — the Second Circuit ruled Friday, saying that an Illinois "complete defense" rule applicable to insurers doesn't cover indemnification deals between non-insurers.
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September 26, 2025
Real Estate Recap: EB-5 Evolving, Insurance Impact, $1B Buy
Catch up on this past week's key developments by state from Law360 Real Estate Authority — including insights into the EB-5 industry amid President Donald Trump's "gold card" investment visa rollout, higher insurance premiums affecting commercial real estate companies, and New York City's first single-asset real estate deal this year to break $1 billion.
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September 26, 2025
States Sue HHS For Order Erasing Gender Ideology In Sex Ed
More than a dozen state attorneys general sued the U.S. Department of Health and Human Services in Oregon federal court Friday, accusing it of violating the Administrative Procedure Act by threatening to revoke grant funding for teen sexual health education unless they eliminate language concerning "gender ideology" from their program materials.
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September 26, 2025
Judge Says Illinois Liquor Delivery Limits Are Justified
An Illinois federal judge ruled Thursday that Illinois liquor laws barring out-of-state retailers from delivering alcohol to in-state consumers are constitutional, saying that while they do discriminate against out-of-state sellers, it's "justifiable on public health and regulatory efficiency grounds."
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September 26, 2025
Fitch Even Sues Litigation Funder CEO, Ex-Client For $1.2M
Chicago-based law firm Fitch Even Tabin & Flannery LLP has brought a lawsuit in Illinois federal court against a former client and the CEO of a litigation funder, saying it is owed more than $1.2 million in legal fees for the firm's work on a patent infringement case the ex-client filed against Samsung.
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September 26, 2025
Chervon, Lowe's Battery Recall Doesn't End Suit, Court Told
Consumers in a proposed class action told an Illinois federal court that a voluntary recall by Chervon North America Inc. and Lowe's Home Centers LLC of lithium-ion batteries allegedly prone to overheating and combusting doesn't extinguish their claims since the recall falls short of addressing their injuries.
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September 25, 2025
Walmart Settles With Illinois Man In Slip-And-Fall Case
A shopper who sued Walmart after slipping on a puddle of cooking oil has agreed to end his lawsuit against the retail giant after beating back a summary judgment bid and ahead of a coming trial in the Northern District of Illinois.
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September 25, 2025
Girardi's Son-In-Law Urges No Prison For Chicago Contempt
Tom Girardi's son-in-law has argued he should not receive prison time following his contempt plea over millions of dollars in settlement funds Girardi stole from several Lion Air crash clients, saying he fought for months to get the clients paid but recognizes he "could and should" have done more.
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September 25, 2025
Chicago Man Forged Signatures Of Federal Judges, Feds Say
A Chicago man has been indicted for forging the signatures of two Illinois federal judges on various court filings in an attempt to get around an order restricting his ability to file new cases, according to an announcement made by the U.S. Department of Justice on Thursday.
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September 25, 2025
FTC, 19 States Halt Cancer Charity Scheme
A car donation charity that raised more than $45 million meant for breast cancer screenings agreed Thursday to an injunction barring future charity fundraising to end an enforcement action by the Federal Trade Commission and a coalition of 19 states over misappropriated donation funds.
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September 25, 2025
Illinois Court Overturns City's Fiber Optic Permit Fee
An Illinois law blocks municipalities from charging new fees for the use of public rights of way, a state judge has ruled, handing a win to a fiber optic internet service provider.
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September 25, 2025
Private Schools Duck Aid-Fixing Conspiracy Claims, For Now
An Illinois federal judge Thursday tossed an antitrust class action accusing 40 private universities and colleges of illegally conspiring to raise net attendance prices by factoring noncustodial parents' financial information into their nonfederal aid eligibility considerations, deeming allegations of an agreement between them as "conclusory and lacking in plausibility."
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September 25, 2025
Pence Group Backs 7th Circ. Pick Attacked By Conservatives
Former Vice President Mike Pence's organization has come out in support of Seventh Circuit nominee Rebecca Taibleson following attacks against her from other conservative groups.
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September 25, 2025
Fed. Circ. Affirms Dismissal Of Patent Suit Against Aldi
The Federal Circuit on Thursday won't revive a suit accusing supermarket chain Aldi's mobile app of infringing patents covering a way to find consumer products in particular areas, backing an Illinois federal court's finding that the patents were invalid under the U.S. Supreme Court's Alice standard.
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September 25, 2025
Antitrust Pro Back At Jenner & Block From Fish & Richardson
Jenner & Block LLP announced Thursday that it has welcomed back an antitrust attorney who had worked at intellectual property firm Fish & Richardson PC for the past year, after having previously worked at Jenner & Block for 15 years.
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September 24, 2025
How CME Used History To Beat A $2B Trading Rights Claim
As CME Group faced a $2 billion accusation that its data center trampled on some members' long-held trading floor rights, it knew convincing jurors otherwise meant trusting they'd broaden their perspective beyond a simple comparison to see the traders' dispute was not with the exchange but instead an evolving economy.
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September 24, 2025
DHS Barred From Tying Disaster Aid To Immigration Agenda
The Trump administration unlawfully attached conditions to emergency service funding that required states to cooperate with the U.S. Department of Homeland Security's immigration enforcement, a Rhode Island federal judge ruled Wednesday, agreeing with a multistate coalition that the conditions are unconstitutional, arbitrary and capricious.
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September 24, 2025
Robocall Recipients Get Class Cert. Against Ill. Bank
Consumers who allegedly received unwanted robocalls from Illinois-based Federal Savings Bank will secure certification of a nationwide class of nearly 2.3 million consumers in a proposed Telephone Consumer Protection Act class action, an Illinois federal judge has decided.
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September 24, 2025
Vehicle-Maker Says Ex-Worker Can't Bring Smoker-Fee Suit
International Motors LLC, formerly Navistar, is looking to end a proposed class action by a former employee who claims its $50-a-month health insurance fee for workers who use tobacco violates federal law, telling an Illinois federal court that the harm he suffered was caused by his own refusal to quit smoking or try the company's smoke-free program.
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September 24, 2025
Ill. Justices Won't Hear Pepsi's $2.1M Tax Penalty Case
An Illinois appeals court decision allowing $2.1 million in penalties against PepsiCo for categorizing Frito-Lay expatriates' compensation as foreign payroll will stand, as the state's highest court declined to review the dispute Wednesday.
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September 24, 2025
AGs Slam Capital One's $425M Deal As Unfair To Consumers
New York Attorney General Letitia James and 17 other attorneys general are opposing a proposed $425 million settlement between Capital One and a putative consumer class alleging the bank deceptively advertised its 360 Savings accounts, telling a Virginia federal court the deal "fails to adequately redress" the harms caused by the scheme.
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September 24, 2025
Ex-Conductor Can't Sue BNSF A Third Time After $1.3M Win
An Illinois federal judge has ruled that a former conductor can't proceed with a third racial discrimination lawsuit against BNSF Railway claiming he was "blackballed" from future employment at BNSF and other railroads, because he has already litigated how BNSF handled his dismissal and was compensated more than $1.3 million in damages.
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September 24, 2025
Ill. Judge Sends $7.6M DOJ Deal Coverage Dispute To Virginia
A consulting firm must litigate its suit seeking coverage for a $7.6 million settlement with the U.S. Department of Justice in Virginia, where it is based, an Illinois federal court ruled, finding that Virginia is the more convenient forum and the better place to apply state law.
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September 24, 2025
States Say Ed Dept. Must Face Suit Over Mental Health Cuts
A group of 16 states led by Washington has asked a federal judge not to let the U.S. Department of Education escape the states' claims that the agency violated federal law by discontinuing mental health grants given to public schools to help students cope with school shootings.
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September 23, 2025
Ex-Discover Financial Exec Can Pursue Equity Clawback Suit
An Illinois federal judge has rejected a bid to toss a retired Discover Financial Services executive's age and gender discrimination lawsuit, finding she has sufficiently alleged at this point that she faced disparate treatment tied to her sex and that Discover's arguments against her age discrimination claim don't hold weight.
Expert Analysis
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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High Court Birthright Case Could Reshape Judicial Power
Recent arguments before the U.S. Supreme Court in cases challenging President Donald Trump’s birthright citizenship executive order primarily focused on federal judges’ power to issue nationwide injunctions and suggest that the upcoming decision may fundamentally change how federal courts operate, says Mauni Jalali at Quinn Emanuel.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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Proposed State AI Rule Ban Could Alter Employer Compliance
A proposal in the congressional budget bill that would ban state and local enforcement of laws and regulations governing artificial intelligence may offer near-term clarity by freezing conflicting rules, but long-term planning would remain difficult for employers seeking safe, lawful AI deployment strategies, say attorneys at Fisher Phillips.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.
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Series
Running Marathons Makes Me A Better Lawyer
After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.
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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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A Look At Employer Wins In Title VII Suits Over DEI Training
Despite increased attacks on diversity, equity and inclusion initiatives, courts across the country have favored employers in cases opposing diversity training, challenging the idea that all workplace inclusion efforts violate the law and highlighting the importance of employers precisely recognizing the legal guardrails, say attorneys at Perkins Coie.
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7 D&O Coverage Areas To Assess As DOJ Targets DEI
Companies that receive federal funds or have the remnants of a diversity, equity and inclusion program should review their directors and officers liability insurance policies ahead of a major shift in how the U.S. Department of Justice enforces the False Claims Act, says Bill Wagner at Taft.
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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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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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How Focus On Menopause Care Is Fueling Innovation, Access
Recent legislative developments concerning the growing field of menopause care are creating opportunities for increased investment and innovation in the space as they increase access to education and coverage, say attorneys at Kirkland.