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December 24, 2025
FRANKFORT, Ky. — Finding that a trial court erred in ordering an employment practices liability insurer to produce all responsive documents relating to its insured’s claim for coverage and extensive personnel information in the insured’s bad faith suit against it, the Kentucky Supreme Court partially affirmed and partially reversed, remanding to the Court of Appeals with instructions to issue a writ of prohibition preventing the trial court judge from enforcing certain aspects of the discovery orders.
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December 24, 2025
NEW ORLEANS — A family history of diseases with clear links to asbestos exposures does not warrant permitting a blood draw to identify potential genetic causes that even if established would not relieve the defendant of its liability, a woman tells a federal judge in Louisiana in opposing a motion to compel.
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December 23, 2025
NEW YORK — A New York federal judge found that the U.S. Office of Personnel Management (OPM) and the Department of Government Efficiency (DOGE) did not establish that claims against them under the Privacy Act and the Administrative Procedure Act (APA) were mooted by the establishment of new compliance procedures, leading her to deny a motion to dismiss.
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December 19, 2025
WASHINGTON, D.C. — A question presented by the FBI in its bid for certiorari in a case about governmental surveillance and religious discrimination “breaks no new ground” and “involves a narrow issue from a rarely litigated aspect of the state secrets doctrine,” three Muslim Americans tell the U.S. Supreme Court in their opposition brief as they urge the high court to not grant certiorari in the nearly 16-year-old case, which is still at the motion-to-dismiss stage in a trial court.
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December 18, 2025
WHEELING, W.Va. — A West Virginia federal judge refused to issue an emergency stay of the court’s order that compelled a pharmacy benefits manager (PBM) to release nationwide prescription and remuneration data but modified the order after a hearing on two motions filed by the PBM, which is facing allegations that its actions contributed to an “oversupply” of prescription opioids throughout West Virginia.
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December 17, 2025
MONTGOMERY, Ala. — Depositions pertaining to newly alleged acts and omissions in a medical liability suit over a mother and baby’s injuries sustained while giving birth should have been stricken by a trial court because they related to amended claims that were untimely pleaded, an Alabama Supreme Court majority ruled, granting the defendants’ petitions for writs of mandamus to reverse a trial court’s denial of their motion to strike the depositions and dismiss the untimely claims.
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December 16, 2025
CINCINNATI — Seeking reversal or at least remand of a decision upholding denial of her claim for long-term disability (LTD) benefits, a project director who stopped working because of symptoms she attributed to long COVID tells the Sixth Circuit U.S. Court of Appeals in her Dec. 15 opening brief that the trial court used the wrong standard of review and improperly denied her request for discovery and the appellees “acted arbitrarily by failing to consider critical treating-source medical opinions, relying on a materially inaccurate medical reviewer report, and dismissing [her] well-documented subjective symptoms.”
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December 16, 2025
SANTA ANA, Calif. — A trial court did not abuse its discretion in granting a California woman’s motions for sanctions and an award of need-based attorney fees against her ex-husband, a California appellate panel ruled, finding that his repeated failure to comply with discovery requests and orders, as well as a disparity in the divorced couple’s respective financial situations, made the awards “fair, reasonable and appropriate.”
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December 16, 2025
NEW ORLEANS — A woman with a family history of cancer, including mesothelioma, put her medical condition in play by filing her take-home exposure suit and the court should order a blood draw to allow for whole genome sequencing that can provide potentially dispositive evidence of the cause of her disease, a railroad told a federal judge in Louisiana in a motion to compel.
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December 15, 2025
WASHINGTON, D.C. — The U.S. Supreme Court on Dec. 15 declined to grant review to a petition in which a man convicted of Medicare fraud asked the high court to reverse the Sixth Circuit U.S. Court of Appeals’ affirmance of a trial court’s decision to preclude last minute testimony from “an unindicted co-conspirator.”
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December 11, 2025
TAMPA, Fla. — Saying that the “parties agree to limit the scope of discovery to the issues identified in” Cerrito v. Liberty Life Assurance Co., a Florida federal magistrate judge granted a long-term disability (LTD) claimant’s request for discovery outside the administrative record in the Employee Retirement Income Security Act suit.
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December 10, 2025
DALLAS — A Texas federal judge concluded that most of the discovery sought by a putative class in a consolidated lawsuit over a mortgage servicer’s 2023 data breach did not pertain to the topic of class certification, to which discovery was presently limited, leading him to deny the plaintiffs’ motion to compel production of requested documents or to provide a corporate designee to answer questions on topics the judge deemed irrelevant.
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December 09, 2025
WHEELING, W.Va. — A West Virginia federal judge on Dec. 9 scheduled a hearing to consider two motions filed by a pharmacy benefits manager (PBM) facing allegations that its actions contributed to an “oversupply” of prescription opioids throughout West Virginia, asking the court to reconsider and issue an emergency stay of the court’s order that compelled the PBM to release nationwide prescription and remuneration data.
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December 09, 2025
NEW YORK — Ruling against the appellant on all points except the one regarding which the U.S. government conceded that it had erred, the Second Circuit U.S. Court of Appeals affirmed that a five-month discovery stay in a civil forfeiture action did not constitute a violation of the appellant’s due process rights and that his request for attorney fees and costs under the Civil Asset Forfeiture Reform Act of 2000 (CAFRA) was properly denied.
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December 09, 2025
It has been more than five years since a news organization filed the first lawsuit challenging the training of artificial intelligence using copyrighted material. Since that time, there have been dozens of similar suits filed, the creation of multidistrict litigation, certification of a class action, several ground-breaking rulings and one potentially precedent-setting settlement. This story looks at some of the biggest developments in the litigation in 2025 and where those cases stand now.
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December 08, 2025
ST. PAUL, Minn. — In a 5-2 ruling concerning a warrantless buccal swab that was used for a DNA test, the Minnesota Supreme Court overruled a 1998 decision and partly overruled a 1985 decision, concluding in part that “neither the inevitable discovery nor the good-faith exceptions to the exclusionary rule apply.”
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December 04, 2025
SAN FRANCISCO — OpenAI Inc. defendants must produce 20 million ChatGPT outputs in a consolidated copyright action against it, a magistrate judge in New York affirmed in denying a motion for reconsideration after finding the evidence relevant and proportionate.
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December 04, 2025
NEW YORK — OpenAI Inc. entities waived any attorney-client privilege protecting communications by offering shifting positions that resulted in the disclosure of some of the purportedly privileged reasons for the deletions and by putting their state of mind at issue, a federal magistrate judge in New York said in ordering production of the evidence.
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December 03, 2025
WILMINGTON, Del. — The Delaware Chancery Court partially granted a motion to compel in a dispute over a complex asset-swap arrangement referred to as the “Agera transactions” that the plaintiffs allege resulted in the “dissipation of at least $250 million,” finding that the plaintiffs’ discovery responses, which include untimely and inadequate privilege logs, are deficient under Delaware law and warrant multiple waivers and compelled production.
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December 02, 2025
WASHINGTON, D.C. — The U.S. Supreme Court heard oral arguments on Dec. 2 in a dispute concerning the New Jersey attorney general’s subpoena for information including the identity of pregnancy center donors, with the petitioner contending that the center operator had standing to sue in federal court as soon as the subpoena was issued and the respondent countering that standing requirements are still unsatisfied.
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December 02, 2025
RICHMOND, Va. — Concluding in part that some of the trial court’s evidentiary decisions were wrong, the Fourth Circuit U.S. Court of Appeals reversed summary judgment against the appellant on several counts in his suit alleging that several serious blood clots were attributable to a lack of proper medical care while he was a pretrial detainee in county jails.
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December 01, 2025
NEW YORK — A New York federal magistrate judge denied a motion by insurer Anthem Inc. seeking to serve a request for production (RFP) on the U.S. government in its suit against Anthem alleging violations of the federal False Claims Act (FCA) related to alleged inaccurate diagnosis codes submitted to the Centers for Medicare & Medicaid Services (CMS) for services provided to Anthem’s Medicare beneficiaries, finding that Anthem failed to show good cause for the RFP request.
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December 01, 2025
NEW ORLEANS — With a Louisiana Supreme Court panel issuing a partial reversal and remand that drew one concurrence and three dissents in a per curiam ruling granting a request for a supervisory writ, the majority let an order sealing ex parte subpoenas duces tecum stand “until the trial court has ruled on remand.”
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November 26, 2025
PHILADELPHIA — The U.S. Department of Justice will not be permitted to obtain the personal information of minors seeking treatment for gender-affirming care from a Philadelphia hospital, a Pennsylvania federal judge ruled, granting the hospital’s motion to limit a subpoena in which the DOJ sought information about certain drugs and treatments.
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November 25, 2025
WASHINGTON, D.C. — The U.S. Department of Justice filed a brief on behalf of the U.S. government on Nov. 24, opposing a petition for a writ of certiorari filed by a convicted bank robber, asserting that any mistakes that were potentially made in serving a geofence location-tracking warrant on Google LLC were outweighed by the good faith exception to the exclusionary rule of the Fourth Amendment to the U.S. Constitution under which the petitioner sought to exclude this evidence.