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Legal Ethics
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August 15, 2025
2nd Circ. Says Sun Life Can't Nix Worker's Benefits Challenge
A split Second Circuit panel resuscitated a worker's suit challenging Sun Life's decision to deny her long-term disability benefits, ruling a release she signed with her employer didn't bar her from suing the insurance company because she was assured the agreement wouldn't block her ability to collect benefits.
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August 15, 2025
New Jersey AG Slams Power Broker's 'Flawed' Appeal Brief
South Jersey power broker George Norcross used a flawed argument in pushing back against New Jersey's effort to revive a dismissed criminal case against him, Attorney General Matthew Platkin has argued in a reply brief filed in state appellate court.
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August 15, 2025
Conn. Lawyer Defends $165K Fee Split Amid Ethics Probe
A Connecticut attorney has asked a state court judge to dismiss a disciplinary case against him over a soured fee split deal with his former law firm, saying ethics authorities failed to meet their burden on claims that he failed to safeguard funds or otherwise prejudiced justice.
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August 15, 2025
'Creative' $2.5B DuPont Deal In NJ Is PFAS Road Map For AGs
After six years of litigation between New Jersey and E.I. du Pont de Nemours, including a series of bench trials, the chemical manufacturer agreed to a deal that committed more than $2 billion to cleaning up the Garden State from "forever chemical" contamination at four of its facilities, in the largest environmental settlement ever achieved by a single state.
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August 15, 2025
Boies Schiller Seeks To End Fla. Fee Suit Between Law Firms
Boies Schiller Flexner LLP and related defendants have moved to dismiss a Florida state lawsuit brought by a pharmaceutical mass tort law firm and related parties to block their former counsel from collecting fees after being fired for allegedly insufficient representation.
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August 15, 2025
Judge Punts On ProPay Sanctions In TelexFree Suit
A Massachusetts magistrate judge sent a motion for sanctions against ProPay to a district judge for ruling, saying the payment company failed to take steps to preserve electronic documents but the plaintiffs hadn't proven its intent to destroy evidence in a case over its alleged involvement in TelexFree's "hybrid Ponzi-pyramid scheme."
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August 15, 2025
4th Circ. Sides With Judiciary In Ex-Defender's Sex Bias Suit
The Fourth Circuit shot down a former assistant public defender's effort to revive her sexual harassment suit against the federal judiciary, finding Friday that her belief that the judiciary's internal complaint process was unfair, leading her to quit, was not reasonable.
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August 15, 2025
Judge Removes Atty From Case Over 'Egregious' Citations
An Arizona federal judge has revoked a Washington state-based attorney's ability to practice in the Grand Canyon State and removed her as counsel in a social security disability lawsuit over a court filing containing fake and misleading case citations.
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August 15, 2025
Judge Questions How New Jersey US Atty Ascended To Role
A federal judge tasked with deciding if acting U.S. Attorney Alina Habba was legitimately serving as New Jersey's top federal prosecutor was curious about how she ascended to the role in the first place, suggesting at one point during a hearing Friday that the government proposed a game of "musical chairs" designed to "shoehorn" her into the position.
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August 15, 2025
Atty Urges Texas High Court To Take On Suit Over Firm Ouster
A former Branscomb PC partner is asking the Texas Supreme Court to reject a lower court's order compelling him to arbitrate a suit he brought against the firm's other partners accusing them of wrongfully ousting him.
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August 14, 2025
9th Circ. Restores Boeing's $72M Loss In Electric Jet IP Suit
A Ninth Circuit panel reinstated a $72 million jury verdict against Boeing in an electric jet startup's trade secret case on Thursday and said a new judge should handle future proceedings, flagging the trial judge's late disclosure that his spouse acquired Boeing stock through an IRA during the litigation.
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August 14, 2025
Fla. Judge Warns Of Split Claims In Detention Center Suit
A Florida federal judge on Thursday warned parties in a proposed class action over attorney access for individuals confined at the Everglades immigrant detention center that some claims in the lawsuit appear to belong in a neighboring district, saying that he could issue a ruling reflecting this determination.
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August 14, 2025
Va. Woman Asks 4th Circ. For Resentence Over Atty Failures
A Virginia woman has told the Fourth Circuit Court of Appeals she should be resentenced because her attorney provided bad advice, resulting in her receiving a 30-year prison term for selling her boyfriend's property while he was incarcerated.
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August 14, 2025
Judge Says Patents In $50M Amgen Jury Loss Unenforceable
A Delaware federal judge on Thursday found that two Lindis Biotech immunotherapy patents at the heart of the German company's $50.3 million infringement verdict against Amgen are unenforceable.
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August 14, 2025
9th Circ. Affirms Damages In Litigation Support Services Dispute
The Ninth Circuit on Thursday affirmed a Nevada federal court's judgment awarding a litigation support services company a combined $350,000 in liquidated damages and attorney fees after finding a competitor breached their years-old settlement and violated its trademark, determining the district court had not selectively enforced the rules.
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August 14, 2025
OptumRx Flags Email Accidentally Sent To Opioid MDL Parties
UnitedHealth subsidiary OptumRx Inc. is seeking a ban on secret communications with the Ohio federal judge overseeing sprawling national opioid litigation after the court-appointed special master accidentally sent the company an email, intended for the judge, celebrating a "gambit" that prevented objections to his decision.
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August 14, 2025
Colo. Healthcare Biz Blames Atty For Defamation Case Loss
A Colorado healthcare solutions company accused of falsifying records to state medical officials in order to obtain millions in funding for COVID-19 vaccination centers said Thursday that its prior attorney is at fault for the dismissal of a defamation case against a local journalist who broke the story.
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August 14, 2025
NC Mortgage Lender Seeks Coverage For Fraud Claims
A mortgage lender said it is owed $540,000 from a title insurer after a borrower filed a complaint with the North Carolina Department of Justice about fraudulent activity related to his loan, telling a federal court the insurer shirked its obligations under the policy and related coverage documents.
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August 14, 2025
Okla. City Fights Creek Nation Over Tribal Court Authority
An Oklahoma city is looking to dismiss a challenge by the Muscogee (Creek) Nation that looks to block the municipality from prosecuting Native Americans for crimes committed on tribal lands, arguing that a 2022 Supreme Court ruling gives it concurrent jurisdiction with the federally recognized tribe.
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August 14, 2025
Boston Bomber Asks Full 1st Circ. To Weigh Judge DQ Bid
The convicted Boston Marathon bomber on Thursday asked the full First Circuit to consider disqualifying his trial judge from leading an investigation into potential juror bias, arguing an appellate court panel failed to assess whether post-trial public comments tainted his impartiality.
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August 14, 2025
Fla. Juror Misconduct Claim Stymied By 'Lack Of Diligence'
A new trial ordered in an auto collision case was wrongly granted based on juror misconduct, a Florida appeals court has ruled, saying a juror's involvement in injury litigation was disclosed on his questionnaire but wasn't explored in court due to a "lack of diligence" by defense counsel.
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August 14, 2025
Fla. Bar Fights Demand For Bondi Ethics Probe
The Florida Bar has again pushed back on a request to investigate U.S. Attorney Pam Bondi for alleged unethical conduct, telling the Supreme Court of Florida that a group of complainants can't bulldoze past its policy of not investigating sitting government officials.
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August 14, 2025
Bipartisan Lawmaker Groups Lambaste Habba's Reappointment
A bipartisan group of current and former members of Congress on Wednesday criticized the Trump administration's appointment of acting New Jersey U.S. Attorney Alina Habba, saying doing it without congressional approval is unconstitutional.
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August 14, 2025
4th Circ. Won't DQ Judge From Church Mass Shooting Case
Hearsay evidence and conclusory allegations of impartiality are not enough to cause the Fourth Circuit to remove the federal judge presiding over white supremacist mass shooter Dylann Roof's criminal case in South Carolina, a panel of out-of-circuit judges determined in a nonprecedential ruling.
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August 14, 2025
Ga. Court Secretary's Pregnancy Bias Suit Gets Dismissed
A Georgia federal judge has dismissed a former secretary's pregnancy discrimination suit against a county and the chief judge of its juvenile court, adopting a magistrate judge's recommendation that found the secretary didn't prove that her pregnancy led to her being fired.
Expert Analysis
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Imagine The Possibilities Of Openly Autistic Lawyering
Andi Mazingo at Lumen Law, who was diagnosed with autism about midway through her career, discusses how the legal profession can create inclusive workplaces that empower openly autistic lawyers and enhance innovation, and how neurodivergent attorneys can navigate the challenges and opportunities that come with disclosing one’s diagnosis.
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Disciplinary Rule Updates Every Texas Lawyer Needs To Know
Sweeping amendments to the Texas Disciplinary Rules of Professional Conduct that recently went into effect provide essential clarity and modernity to rules governing conflicts of interest, client confidentiality and duties to prospective clients, says Robert Tobey at Johnston Tobey.
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Series
Documentary Filmmaking Makes Me A Better Lawyer
Becoming a documentary filmmaker has allowed me to merge my legal expertise with my passion for storytelling, and has helped me to hone negotiation, critical thinking and problem-solving skills that are important to both endeavors, says Robert Darwell at Sheppard Mullin.
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Litigation Funding Disclosure Debate: Strategy Considerations
In the ongoing debate over whether courts should require disclosure of litigation funding, funders and plaintiffs tend to argue against such mandates, but voluntarily disclosing limited details about a funding arrangement can actually confer certain benefits to plaintiffs in some scenarios, say Andrew Stulce and Marc Cavan at Longford Capital.
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Opinion
Firing Of Jack Smith's Team Is A Threat To Rule Of Law
The acting attorney general’s justifications for firing prosecutors who worked on the criminal cases against President Donald Trump rest on a mischaracterization of legal norms, and this likely illegal move augurs poorly for the rule of law, say Bruce Green at Fordham University and Rebecca Roiphe at New York Law School.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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Navigating Arbitration Confidentiality Challenges In Age Of AI
Artificial intelligence is already significantly involved in various aspects of arbitration and posing challenges for maintaining confidentiality, but relatively quickly implementable practices can be utilized as safeguards as AI tools continue to be integrated, says David Coher at CoherADR.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Mentorship Resolutions For The New Year
Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.
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What Insurers Should Know About AI Use In Litigation
As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.
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Series
Coaching Little League Makes Me A Better Lawyer
While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.
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5 Litigation Funding Trends To Note In 2025
Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.
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Despite Political Divide, FEC Found Common Ground In '24
The Federal Election Commission, although evenly split between Republicans and Democrats, reached consensus in consequential advisory opinions, enforcement actions and regulations last year, offering welcome clarity on some key questions facing campaigns, PACs and parties, say attorneys at Covington.
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Rethinking Litigation Risk And What It Really Means To Win
Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.