Court Blocks Bid To Keep Everglades Detention Center Open

By David Minsky

A Florida federal judge denied a bid to halt a preliminary injunction requiring the government to cease operations at an Everglades immigration detention center, ruling no new evidence was shown that its detainees are dangerous or why a facility must be placed in that particular location. 

Order attached | Read full article » | Save to favorites »

IP Notebook: 'Lazy Reaction' Vids, Lafufus, Proud Boys TM

By Ivan Moreno

In this round of emerging copyright and trademark issues, Law360 delves into "lazy reaction video" lawsuits from YouTube creators who accuse others of pilfering video views, and the attempt by the creator of Labubu plush dolls to get ahead of the "Lafufu" knockoff craze.

Read full article » | Save to favorites »

9th Circ. Rules BLM Can Implement Oregon Logging Plan

By Ben Adlin

Officials at the U.S. Bureau of Land Management sufficiently vetted an Oregon logging project that conservationists claim will harm threatened wildlife, a Ninth Circuit panel has ruled, concluding the project does not violate earlier plans to protect coastal forest habitats.

Opinion attached | Read full article » | Save to favorites »

10th Circ. Told Okla. 'Race Theory' Law Must Go

By Nadia Dreid

The Tenth Circuit is being told it must ensure academic freedom for the students of Oklahoma, whose constitutional rights and "the very nature of the classroom as a place that nurtures inquiry and discussion" are being undermined by a state law restricting what they can be taught.

Brief attached | Read full article » | Save to favorites »

Judge Rejects Reed Smith's Sanctions Bid In Doc Feud

By Joyce Hanson

A New York federal judge has ordered the new owner of international shipping company Eletson to turn over documents requested by competitor Levona as the latter company looks to vacate an allegedly fraudulent $102 million arbitral award, while also ruling that Reed Smith LLP's threat of sanctions is unfounded.

3 documents attached | Read full article » | Save to favorites »

Justices Asked To Limit Private Investment Fund Suits

By Jessica Corso

A group of investment funds seeking to fend off a challenge from an activist investor are urging the U.S. Supreme Court to issue a ruling in the case that would end the ability of private parties to file contractual disputes under the Investment Company Act.

Brief attached | Read full article » | Save to favorites »

PNC Urges Justices Not To Review Nixed USAA $218M Verdict

By Cara Salvatore

PNC Bank said the U.S. Supreme Court should not review a Federal Circuit decision erasing a $218 million patent infringement verdict for USAA, which has argued the case is essentially identical to another that resulted in an opposite ruling.

1 document attached | Read full article » | Save to favorites »

Sonos Gets Fed. Circ. To Revive IP From $33M Google Verdict

By Dani Kass

A California federal judge wrongly invalidated claims of Sonos Inc. speaker patents after its $32.5 million jury trial win over Google LLC, the Federal Circuit said Thursday as it largely reversed the judge's holding.

Opinion attached | Read full article » | Save to favorites »

Fed. Circ. Gives Google Another Go At Database IP Challenge

By Theresa Schliep

The Federal Circuit on Thursday revived Google's challenge to the validity of claims in a pair of patents covering database systems, faulting the Patent Trial and Appeal Board for excluding portions of Google's arguments and ordering the board to apply some of the company's claim construction on remand.

Opinion attached | Read full article » | Save to favorites »

Fed. Circ. Says AI Co. Not 'Interested Party' In Bid Protest

By Madeline Lyskawa

The en banc Federal Circuit affirmed on Thursday a lower court's dismissal of Percipient.ai's protest challenging its exclusion from consideration to supply computer vision technology under a $376.4 million National Geospatial-Intelligence Agency procurement, holding that the company lacks standing.

Opinion attached | Read full article » | Save to favorites »

Fed. Circ. Won't Upend Toss Of Flu Vaccine Injury Claim

By Mike Curley

The Federal Circuit won't revive a man's vaccine injury claim after it was rejected by a special master at the U.S. Court of Federal Claims, finding the decision that his injuries were caused by a separate infection was not arbitrary or capricious.

Opinion attached | Read full article » | Save to favorites »

1st Circ. OKs Terminating Ex-Pharma VP's Disability Benefits

By Chris Villani

The First Circuit said Synta Pharmaceuticals' benefits administrator may terminate the benefits of a former executive after deeming that his significant weight loss, six-day-a-week pickleball hobby, and travels to far-flung places like Africa showed he was no longer disabled.

Opinion attached | Read full article » | Save to favorites »

Trump Admin Backs Harvard Foreign Student Ban At 1st Circ.

By Chris Villani

The Trump administration defended its attempt to bar foreign students from enrolling at Harvard University, telling the First Circuit in a brief filed Thursday that a federal judge who blocked the move has no business second-guessing immigration decisions made by the executive branch. 

Brief attached | Read full article » | Save to favorites »

2nd Circ. Affirms Hedge Fund Win In $87M Short-Swing Suit

By Katryna Perera

A unanimous Second Circuit panel on Thursday upheld a summary judgment win for hedge fund Armistice Capital LLC and its managing member in a derivative suit brought by a shareholder of biotechnology company Vaxart Inc., which sought disgorgement of $87 million in short-swing profits that allegedly were wrongfully obtained by the investment adviser.

Opinion attached | Read full article » | Save to favorites »

PBGC Must Reconsider Bakery Union's $132M Bailout Bid

By Grace Elletson

The Pension Benefit Guaranty Corp. must formally reexamine whether union bakery drivers can collect $132 million from a federal pension rescue program, a New York federal judge said Thursday after lifting a stay on the order following the Second Circuit's decision to reject the agency's rehearing bid.

Read full article » | Save to favorites »

3rd Circ. Agrees Natera Doesn't Owe $45M In False Ad Fight

By Rae Ann Varona

The Third Circuit Thursday affirmed a lower court's decision to take genetic testing company Natera off the hook from paying $45 million in damages to rival CareDx, saying in an unpublished opinion that CareDx failed to prove Natera actually deceived consumers through false statements about a Natera test's superiority.

Opinion attached | Read full article » | Save to favorites »

Baltimore Med Mal Atty Appeals $25M Extortion Conviction

By Parker Quinlan

A medical malpractice attorney in Baltimore who was convicted in federal court in April of attempting to extort $25 million from the University of Maryland Medical System has asked the Fourth Circuit to review his conviction, saying he was unfit to represent himself at trial.

Brief attached | Read full article » | Save to favorites »

Tribal Members Seek 5th Circ. Redo In San Antonio Park Row

By Crystal Owens

Two members of a Native American church are asking the Fifth Circuit to rehear its appeal, which looks to block the restoration of a San Antonio park, saying that if left uncorrected, the opinion will leave religious believers vulnerable and sow confusion among district courts.

Petition attached | Read full article » | Save to favorites »

6th Circ. Backs Calculation Redo On $11M Fund Exit Liability

By Danielle Ferguson

The Sixth Circuit on Wednesday backed a Michigan federal judge's determination that a pension fund's actuary must recalculate a paving company's withdrawal liability, citing recently clarified precedent and agreeing that an $11 million sum was erroneously calculated.

Opinion attached | Read full article » | Save to favorites »

9th Circ. Reinstates Copyright Suit Over Liturgical Song

By Elliot Weld

The Ninth Circuit has revived a copyright suit by a songwriter who claimed that elements of his liturgical song were copied by a Christian songwriter, ruling that even though some evidence was rightly excluded, there were still triable elements to the case.

Opinion attached | Read full article » | Save to favorites »

Appeals Court Reverses $2.1M Injunction Against Oil Broker

By Catherine Marfin

A Texas state appeals court reversed a temporary injunction barring a crude oil broker from transferring $2.1 million in assets it was paid for oil supplied by its partner, saying the trial court incorrectly determined that the company faced insolvency.

Opinion attached | Read full article » | Save to favorites »

Fla. Justices Reject Carole Baskin's Defamation Appeal

By Carolina Bolado

The Florida Supreme Court declined Thursday to take up the appeal of a decision reviving defamation claims against "Tiger King" star Carole Baskin over statements on YouTube claiming her missing husband's former assistant embezzled $600,000.

Order attached | Read full article » | Save to favorites »

Ill. High Court Says Murder Case Can't Be Given To New Judge

By Parker Quinlan

A divided Illinois Supreme Court on Thursday ruled that appeals courts in the state are not allowed under the high court's rules to send cases back to trial with instructions to reassign the case to a new judge without proving either bias or prejudice from the prior judge.

Read full article » | Save to favorites »

Pa. Hospital Fraud Suits Barred By $19M Deal, Panel Says

By Y. Peter Kang

A split Pennsylvania appellate panel on Thursday tossed two suits accusing a hospital of fraudulently inducing plaintiffs to settle a bad birth suit for $19 million by failing to disclose a key document, saying the settlement's release of claims bars the suits.

2 documents attached | Read full article » | Save to favorites »

Ga. Family Loses Sex Assault Suit Over Underage Drinking

By Chart Riggall

The Georgia Court of Appeals said this week a couple can't sue the owner of a home where the couple's teenage daughter was allegedly sexually assaulted, ruling that state law shielded the owner from liability despite allegations he allowed underage drinking at the house.

Opinion attached | Read full article » | Save to favorites »

Ga.'s Chief Justice Warns Of AI's Risks To Trial Evidence

By Emily Johnson

As generative artificial intelligence tools have become widely accessible, Georgia's chief justice said Thursday he's worried about how the technology can be used to manipulate and distort evidence presented in court and what the judiciary can do to prevent that. 

1 document attached | Read full article » | Save to favorites »

Drug Use, Crimes Not Reasons To Escape $760K Bite Judgment

By Mike Curley

An Indiana appeals court on Thursday refused to vacate a $760,000 default judgment against a woman who was sued for failing to supervise her dog when it mauled a neighbor, saying that the drug use and criminal proceedings she blames for missing notice of the suit are not excusable neglect.

Opinion attached | Read full article » | Save to favorites »

Flawed Jury Verdict Negates Rape Conviction In Mass.

By Elizabeth Daley

A man sentenced to up to 20 years in prison for aggravated rape during a home invasion robbery must be retried for the attack or sentenced for the lesser crime of rape because the jury didn't specify which theory it adopted in convicting him, Massachusetts' highest court said Thursday.

Opinion attached | Read full article » | Save to favorites »

2nd Circ. Ruling Gives Banks Shield From Terrorism Liability

A recent Second Circuit dismissal strengthens the position of international banks facing claims they indirectly helped terrorist organizations and provides clearer guidance on the boundaries of secondary liability, but doesn't provide absolute immunity, say attorneys at Freshfields.

Opinion attached | Read full article » | Save to favorites »

How 9th Circ. Customs Ruling Is Affecting FCA Litigation

The Ninth Circuit’s recent Island Industries decision holding that the U.S. Court of International Trade doesn’t have exclusive jurisdiction over whistleblower suits involving import duties has set the stage for the False Claims Act to be a key weapon on the customs enforcement battlefield, say attorneys at Haynes Boone.

Read full article » | Save to favorites »

Fed. Circ. In July: Instability In IPR Requirements

The Federal Circuit's decision in Shockwave v. Cardiovascular last month provided an important, albeit short-lived, clarification to the type of evidence that can be used in an inter partes review challenge, say attorneys at Knobbe Martens.

Opinion attached | Read full article » | Save to favorites »

9th Circ. Qualified Immunity Ruling May Limit Phone Searches

Though the Ninth Circuit affirmed police officers’ qualified immunity claims in Olson v. County of Grant earlier this year, it also established important Fourth Amendment precedent on the use of cellphone extractions that will apply more broadly in criminal investigations and prosecutions, say attorneys at The Norton Law Firm.

Opinion attached | Read full article » | Save to favorites »

Series

Coaching Cheerleading Makes Me A Better Lawyer

At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.

Read full article » | Save to favorites »

Law360 Pulse Exclusive: The Billable Hour

In this package, Law360 Pulse explores the demand for rainmakers, the continued increase of hourly rates and whether artificial intelligence will finally kill the billable hour. For all Law360 readers, click to access a sample story: Why This Small-Firm Lawyer Charges $3,000 Per Hour.

Read full article » | Save to favorites »

JAG Corps Sent To DC To Fill 'Critical Vacancies'

By Courtney Bublé

Military attorneys are being sent to prosecute crimes in Washington, D.C., as the Trump administration seeks to beef up prosecutions in the nation's capital as part of the federal surge of law enforcement.

Read full article » | Save to favorites »

Judge Newman's Suspension Extended Once Again

By Ryan Davis and Theresa Schliep

Federal Circuit Judge Pauline Newman's suspension from hearing cases was extended by another year on Friday, in a unanimous opinion by the appeals court's 11 other judges.

Order attached | Read full article » | Save to favorites »

Q&A

'Be Careful,' New Mich. Chief Judge Tells Attys When Using AI

By Danielle Ferguson

Just weeks into the job, the new chief judge of the U.S. District Court for the Eastern District of Michigan is navigating challenges like an uptick in cases and the need for another magistrate judge, and has a word of warning for attorneys using artificial intelligence in their practice.

Read full article » | Save to favorites »

Analysis

M&A Attys Hand Tasks To 'Machines' In Careful Embrace Of AI

By Al Barbarino

Artificial intelligence is no longer just a back-office tool in mergers and acquisitions legal work, but is increasingly embedded in core deal processes that help attorneys manage due diligence, draft agreements and assess risk.

Read full article » | Save to favorites »

DOJ Targets BigLaw, Big Tech For Antitrust 'Gamesmanship'

By Bryan Koenig

The U.S. Department of Justice's top antitrust official singled out technology platforms and the BigLaw attorneys who represent them for "gamesmanship" by hiding key information from merger and conduct investigators, and announced a special task force "to tackle abuses that arise in our investigations."

Read full article » | Save to favorites »

Law360's Legal Lions Of The Week

By Kevin Penton

Sullivan & Cromwell LLP leads this week's edition of Law360 Legal Lions, after the Fifth Circuit vacated a pair of Biden-era regulations aimed at bolstering transparency in the short-selling market.

Read full article » | Save to favorites »

Panel Nixes Buzbee Win Against Atty Who Aided Campaign

By Madison Arnold

A Texas state appeals court has reversed a $765,000 summary judgment awarded to personal injury lawyer Tony Buzbee in a dispute with an attorney who said she was never paid for her contributions to his 2019 Houston mayoral campaign.

Opinion attached | Read full article » | Save to favorites »

GC Cheat Sheet: The Hottest Corporate News Of The Week

By Sue Reisinger

Is AI killing the billable hour — here's what general counsel need to know about how the use of artificial intelligence is affecting law firms' billing model. Anthropic has agreed to a deal to end copyright suits brought by authors who said their works were illegally used to train the company's large language model. These are some of the stories in corporate legal news you may have missed in the past week.​

Read full article » | Save to favorites »

DOJ Swears In 3 New Board Of Immigration Appeals Members

By Britain Eakin

The Executive Office for Immigration Review announced Friday that three new Board of Immigration Appeals members — Sheila E. Gallow, Marcos Gemoets and Kathleen K. Volkert — were sworn in during a ceremony on Thursday.

1 document attached | Read full article » | Save to favorites »

Colorado Law Firm Faces Class Action Over Data Breach

By Zach Dupont

A Colorado law firm was hit with a proposed class action in federal court after a Utah woman claimed that the firm didn't take ample measures to protect the personal information of more than 5,000 people, which was stolen in a data breach earlier this year.

Complaint attached | Read full article » | Save to favorites »

Scores On July Bar Exam Rise Amid Dip In Test Takers

By Tracey Read

The number of examinees passing the multistate bar exam in July continued to gain momentum, with near record highs seen this summer over the past 12 years, according to an announcement from the National Conference of Bar Examiners.

Read full article » | Save to favorites »

LA's Acting US Atty Essayli Faces DQ Bid Over Expired Term

By Craig Clough

The Federal Public Defender's Office in Los Angeles urged a California federal court Friday to disqualify acting U.S. Attorney Bill Essayli, arguing that his temporary 120-day appointment has expired and his continuing service in the role "circumvented limitations" imposed by Congress.

Motion attached | Read full article » | Save to favorites »

Exclusive

'I'm Flabbergasted': Fla. Atty's Accusers Rip Bar For Inaction

By Phillip Bantz

More than a year after it began receiving complaints that a Florida lawyer was ghosting clients, the state bar has yet to take action — highlighting what experts call a slow-moving process that can fail to keep pace with expansive alleged frauds.

Read full article » | Save to favorites »

Split Fed. Circ. Backs Limits On Presidential Tariff Powers

By Hailey Konnath

The Federal Circuit held that President Donald Trump's emergency tariffs were improperly imposed under the International Emergency Economic Powers Act, which it said makes no mention of "tariff," "duties" or "tax."

Decision attached | Read full article » | Save to favorites »

Law360 Names Attys Who Moved Up The Firm Ranks In Q2

A promotion to partner or election to practice group chair means a slew of new responsibilities and also lots of well-deserved recognition. Law360 reveals the list of attorneys whose commitment to legal excellence earned them highly coveted spots in the law firm leadership ranks. Find out if your old legal friends — or rivals — moved up in the second quarter of the year.

Read full article » | Save to favorites »

Hub Hires: Prince Lobel, Rubin And Rudman, Weil

By Chris Villani

The dog days of summer did little to slow the churn in the Boston legal market. Prince Lobel added a veteran cybersecurity lawyer, Rubin and Rudman made a pair of partner hires, and Weil added more attorneys from Latham.

Read full article » | Save to favorites »

Roundup

UK Litigation Roundup: Here's What You Missed In London

By Laura Stewart Liberty

This past week in London has seen Prosecco DOC Consortium bring an intellectual property claim against a distributor, the Serious Fraud Office bring a civil recovery claim against the ex-wife of a solicitor jailed over a £19.5 million fraud scheme, and law firm Joseph Hage Aaronson & Bremen LLP sue its former client, the bankrupt Indian tycoon Vijay Mallya. Here, Law360 looks at these and other new claims in the U.K.

Read full article » | Save to favorites »

In Case You Missed It: Hottest Firms And Stories On Law360

For those who missed out, here's a look back at the law firms, stories and expert analyses that generated the most buzz on Law360 last week.

Read full article » | Save to favorites »