Analysis

Tariff Rulings Undercut Trump's Trade Authority, Dealmaking

By Dylan Moroses

U.S. trading partners have inadvertently found new leverage in tariff negotiations with the Trump administration after federal courts found several of the president's duties were improperly imposed, raising larger questions about future tariff authorization in the midst of a global trade spat.

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Analysis

Projects Get Some NEPA Relief, But How Much Is Unknown

By Juan-Carlos Rodriguez

The U.S. Supreme Court's decision limiting judicial review of environmental analyses of infrastructure projects, combined with the Trump administration's drive to ease approval processes, may boost developers' optimism — but the extent to which reviews can be narrowed remains unknown.

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Analysis

ICE Lost Benefit Of The Doubt In SEVIS Fights, Attys Say

By Britain Eakin

The Trump administration's inability to explain why numerous foreign students' visa records were terminated has landed the federal government multiple losses in courtrooms across the country, with federal judges unwilling to presume the government had a good reason for the cancellations.

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High Court Restores Federal Approval Of Utah Oil Railway

By Juan-Carlos Rodriguez

The U.S. Supreme Court on Thursday upheld the federal government's approval of a rail project intended to haul crude oil out of Utah's Uinta Basin.

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Split 5th Circ. OKs Acting NLRB GC's Drop Of Teamsters Case

By Beverly Banks

A divided Fifth Circuit panel again blessed the National Labor Relations Board's order that supported a former acting general counsel's withdrawal of an unfair labor practice complaint against two Teamsters locals, analyzing the dispute on remand from the U.S. Supreme Court.

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8th Circ. Says Gov'ts Can't Give Up Eminent Domain Powers

By Grace Dixon

An Eighth Circuit panel vacated an injunction barring a North Dakota county from taking private property it said was needed to build a bridge over the Little Missouri River, although the parties had already settled their claims in April.

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Trump Names 4 Jurists, State AG Official For Fla. Judgeships

By Lynn LaRowe

President Donald Trump this week announced his nominations of four judges and a top official in the Florida Attorney General's Office to fill district judgeships in the Sunshine State's Middle and Southern Districts.

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DOJ Sidelines ABA From Vetting Trump's Judicial Picks

By Kevin Penton

The Justice Department plans to direct judicial nominees away from a long-standing vetting process by the American Bar Association, labeling it an "activist organization," according to a Thursday letter by Attorney General Pamela Bondi.

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Brief

High Court Pauses 5th Circ.'s Highland Ch. 11 Liability Ruling

By Emily Lever

The U.S. Supreme Court on Thursday allowed bankrupt hedge fund Highland Capital to continue shielding certain key parties in its Chapter 11 case from liability while the debtor appeals a Fifth Circuit decision striking down those protections.

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Apple Says Google Ruling Boosts Appeal Of $300M Verdict

By Adam Lidgett

Apple has told the Federal Circuit that its en banc decision ordering a new damages trial in a separate suit against Google bolsters its own appeal of a $300 million verdict against the tech giant for infringing standard-essential 4G patents owned by Optis.

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2nd Circ. Upholds KeyBank Adviser's $1.1M Defamation Win

By Jessica Corso

The Second Circuit on Thursday upheld a $1.1 million award against a brokerage firm accused of making defamatory remarks about a former employee, ruling that Financial Industry Regulatory Authority arbitrators did not disregard the law in handing down the punishment.

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Atty Urges 2nd Circ. To Resurrect Name Feud With Ex-Firm

By Elliot Weld

A lawyer has asked the Second Circuit to revive claims against his former firm, which he alleges used his name and likeness after he was fired, saying a judge's dismissal of those claims ignored the harm he personally suffered and the requirements of the Lanham Act.

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Neb. Tribe Challenges Army's Repatriation Law Interpretation

By Crystal Owens

A Nebraska tribe has said the U.S. Army is introducing new errors into its Fourth Circuit arguments against efforts to repatriate the remains of two children from a Native boarding school cemetery in Pennsylvania, telling the appellate court the attempt to complicate a straightforward federal law should be rejected.

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7th Circ. Probes Hartford's Denial Of Benefits To Ex-PwC Exec

By Celeste Bott

A Seventh Circuit panel weighing Thursday whether to restore long-term disability benefits to an ex- PricewaterhouseCoopers LLP executive with fibromyalgia asked her attorney and counsel for the insurer that denied benefits if the lower court should have considered prior claim history and a consultant's report finding her condition precluded "meaningful employment."

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Epic Seeks More Interest On Tata's $140M Punitive Award

By Lauraann Wood

Epic Systems argued Thursday that the Seventh Circuit should order a lower court to recalculate its post-judgment interest on a $140 million punitive damages award against Tata Group because interest should have run from its original 2017 judgment rather than the amended version entered five years later.

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Split 9th Circ. Says Spa's Rule On Certain Trans Women Biased

By Gina Kim

A divided Ninth Circuit refused to reinstate a Korean spa's constitutional challenge against the Washington State Human Rights Commission and ordered it to rescind its policy denying admission to trans women without gender-affirming surgery, noting Thursday the policy violated state law prohibiting discrimination based on sexual orientation and gender identity.

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Calif. Justices Propose Tweaking Rules For Bar Examiners

By Emily Sawicki

The California Supreme Court has proposed changes to the administration of the state's troubled bar exam, circulating a slate of amendments designed to clarify the role of the Committee of Bar Examiners, including spelling out its duty to review and approve all questions used in the exam.

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Restaurant Liable After Fraudster Steals $475K Settlement

By Mike Curley

A California appeals court has found in a case of first impression that a restaurant is responsible for $475,000 in settlement funds that its attorneys sent to a fraudster impersonating the other party in a personal injury suit, saying it missed a number of red flags in the impostor's correspondence.

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Texas Justices Keep Court Orders On $3.4B Water Pipeline

By Spencer Brewer

A Texas appeals court mostly kept intact court orders barring a groundwater company from interfering with several leases as a part of a $3.4 billion pipeline venture to supply water to San Antonio, finding in a Thursday opinion the company was undercutting its lessee.

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Drugstores Say Texas Flouted Rules To Update Pharmacy Regs

By Spencer Brewer

The National Association of Chain Drug Stores Inc. told the Texas Supreme Court that updates to statewide policy governing how pharmacies report drug prices flouted Texas rulemaking procedures, telling the state's high court that even if the updates were "good policy" they weren't lawful.

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Conn. Group Home To Mediate $13.4M Death Appeal

By Brian Steele

An assisted-living facility and the mother of a resident who died in its care will enter mediation in an effort to settle their ongoing legal dispute, which has already resulted in a $13.4 million jury verdict, according to a new filing in the Connecticut Appellate Court.

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Fla. Panel Affirms Atty Conflict DQ In Construction Dispute

By Emily Sawicki

In a one-word opinion, Florida's Third District Court of Appeal affirmed a trial court's decision to disqualify a plaintiff's attorney in a long-running construction ownership dispute after finding he briefly represented the defendant's surety company in a related matter.

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Panel Clears Hospital Of Contempt In 'Audit Trail' Dispute

By Y. Peter Kang

An Illinois appeals court on Thursday vacated a trial court's finding of contempt against a hospital in a suit over a newborn's injuries, saying there was insufficient evidence that a certain type of "audit trail" metadata existed in electronic health records.

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Brief

Justices Won't Undo Pa.'s Ability To Pull Voting Machines

By Matthew Santoni

Pennsylvania's Supreme Court won't undo a lower court's ruling that allowed the secretary of the commonwealth — the state's highest election official — to "decertify" voting equipment that was subjected to unauthorized third-party inspections during investigations of the 2020 election.

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NJ Appeals Court Closes Anti-SLAPP Loophole

By George Woolston

A New Jersey appeals court on Thursday reversed the dismissal of a Jewish newspaper's bid for counsel fees under the Garden State's Anti-SLAPP law in a suit over its circulation of a divorce flyer, ruling that a defendant can seek such fees under the law even if a plaintiff voluntarily dismisses their suit.

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Judge Can't Buy Military Service Credits, NJ Panel Says

By George Woolston

A New Jersey appellate panel Thursday backed the state pension board's determination that a workers' compensation judge can't buy 36 months of service credits based on his prior military service, ruling that the statute governing his pension does not allow for such a purchase.

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Insurer Waived Arbitration For Many Reasons, NJ Panel Rules

By Elizabeth Daley

An insurer waived its right to arbitration for many reasons, a New Jersey appellate panel affirmed, finding a pier owner's coverage dispute concerning underlying litigation brought against it by public utilities blaming it for a fluid leak in the Hudson River must head to trial.

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Delaware Justices Asked To Review Corporate Law Rework

By Jeff Montgomery

A biopharmaceutical company stockholder has sought direct certification of a derivative suit to Delaware's Supreme Court, asking for state constitutional review of legislation approved in March that limits avenues for challenges to some corporate acts.

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Lindberg Can't Skirt $122M Contempt Order, NC Panel Told

By Hayley Fowler

Insurance companies that convicted billionaire Greg Lindberg allegedly bled dry told the North Carolina Court of Appeals not to let him duck a $122 million contempt order, saying he didn't even show up for the hearing and has done nothing since to purge his contempt.

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Ga. Justices Nix Reprimand For Solicitor General Over Theft

By Kelcey Caulder

The Georgia Supreme Court has rejected former Hall County Solicitor General Stephanie Woodard's bid to receive a public reprimand after she pled guilty to stealing taxpayer dollars, finding that the suggested discipline is not enough.

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Wash. Justices Upend Cannabis Co. Win In Wage Suit

By Emmy Freedman

Washington state's Department of Labor and Industries does not need to issue a formal letter demanding an employer pay a specific sum to employees before launching a wage and hour lawsuit, the state's supreme court held Thursday, upending a cannabis company's win in a lawsuit the agency launched against it.

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Colo. Court Says No Immunity For Telecom From Injury Suit

By Thy Vo

Colorado appellate judges on Thursday ruled that a telecommunications provider lacked authority over a sidewalk where a cyclist was injured and can't be shielded from liability by a recreational use law, reversing a trial court decision in favor of the company.

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Mass. Justices Revive Atty's Suit Against 'Spiteful' Colleagues

By Julie Manganis

Massachusetts' highest court Thursday revived part of a lawsuit brought by a former appellate court staff attorney who said he was intentionally undermined by supervisors, finding that he had made a reasonable showing that two of the three original defendants had demonstrated actual malice toward him.

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Harvard Taps Paul Weiss High Court Litigator For Board

By Hailey Konnath

Kannon Shanmugam, a Paul Weiss Rifkind Wharton & Garrison LLP partner and veteran U.S. Supreme Court litigator, has been selected to join the Harvard Corp. governing board, according to an announcement made Thursday.

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Fed. Circ. Offers Lesson On Gov't Data Rights In Contracts

The Federal Circuit's recent decision in FlightSafety v. Air Force serves as a warning for U.S. Department of Defense contractors attempting to mark their commercial technical data developed at private expense, say attorneys at Butzel Long.

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2nd Circ. Arb. Ruling May Give Foreign Insurers An Edge

The Second Circuit's decision this month in Lloyds of London v. 3131 Veterans Blvd that international arbitration agreements take primacy over state anti-arbitration insurance laws opens a division between domestic and foreign insurers that could affect the surplus lines market, says attorney Rosanne Felicello.

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Opinion

Courts Must Revitalize Robust Claim Construction

Two Federal Circuit decisions from earlier this year illustrate the rarity of robust claim construction and the underused reverse doctrine of equivalents — a dual problem that prevents courts from clearly delineating and correctly cabining the scope of rights conferred by patent claims, say attorneys at Klarquist Sparkman.

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State Tort Claims May Help Deter Bribes During FCPA Pause

As the U.S. pauses Foreign Corrupt Practices Act enforcement, companies that lose business due to competitors' bribery should consider using state tortious interference suits to expose corruption, deter illegal practices and obtain compensation for commercial losses, says Jason Manning at Levy Firestone.

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Buyer Beware Of Restrictive Covenants In Delaware

Based on recent Delaware Chancery Court opinions rejecting restricted covenants contained in agreements in the sale-of-business context, businesses need to craft narrowly tailored restrictions that have legitimate interests, say attorneys at Saul Ewing.

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Series

Brazilian Jiujitsu Makes Me A Better Lawyer

Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.

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Analysis

3 Takeaways From The Judgments On Trump's Law Firm EOs

By Aebra Coe

Three federal judges have now weighed in on President Donald Trump’s executive orders targeting law firms, with each ruling in favor of the firms and deeming the orders unconstitutional. Here are three takeaways from the combined 227 pages of those judges’ conclusions.

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Influencer Hits Akin With Malpractice Suit Over Boxing Deal

By Lynn LaRowe

Akin Gump Strauss Hauer & Feld LLP and one of its Texas-based partners allegedly failed to understand California law in handling a financial dispute between a social media influencer and the company that hired him to participate in an amateur boxing competition, according to a complaint filed Wednesday in a Lone Star State federal court.

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For-Profit School Sued Over Thompson Coburn Leak Notices

By Emily Sawicki

A for-profit college operator is facing a proposed class action in Alabama federal court, alleging it failed to properly secure its data and notify students in a timely manner that its law firm, Thompson Coburn LLP, had been hit with a cyberattack causing a data breach of sensitive records.

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Fed. Circ. Revives Trump Tariffs As It Weighs Appeal

By Natalie Olivo

The Federal Circuit temporarily reinstated President Donald Trump's global tariffs Thursday, a day after the U.S. Court of International Trade held that an emergency law did not give the president "unbounded authority" to impose the measures.

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Trump Pardons Twice-Convicted Former Conn. Governor

By Brian Steele

President Donald Trump has pardoned former Connecticut Gov. John G. Rowland, a one-time chairman of the Republican Governors Association, who resigned from office in 2004 and served two stints in prison for corruption and lying to federal election officials.

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Investors Allege Manhattan Firm Aided $43M Ponzi Scheme

By Emma Cueto

A pair of investors filed suit against New York-based Moritt Hock & Hamroff LLP and two of its former attorneys on Thursday, alleging that the midsize firm and the attorneys, who have since departed for Saul Ewing LLP, lied on behalf of a client who has since been charged with running a $43 million Ponzi scheme.

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Ex-Atty's Death In Colo. Jail Sparks Suit Over Medical Neglect

By Craig Clough

The family of a disbarred attorney imprisoned for felony theft sued three members of the medical staff at the prison where he died, alleging in Colorado federal court Wednesday their neglect resulted in Steven Bachar dying from cardiac arrest after he asked for days for proper medical attention.

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Titan Of The Plaintiffs Bar: Grant & Eisenhofer's Beth Graham

By Tracey Read

Elizabeth "Beth" Graham, a San Francisco-based principal at Grant & Eisenhofer PA and a member of its executive committee, played a key part in negotiating a $600 million settlement in April 2024 for plaintiffs in litigation arising from the 2023 Norfolk Southern train derailment, earning her a spot among Law360's 2025 Titans of the Plaintiffs Bar.

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