Michigan Supreme Court justices on Wednesday questioned whether a shove and heated confrontation were sufficient provocation for jurors mulling a fatal stabbing to receive an instruction defining crimes done out of a heat of passion in the trial that led to a man being convicted of murder.
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THURSDAY, NOVEMBER 6, 2025 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

TOP NEWS

Mich. Justices Ask If Shove Provoked Woman's Fatal Stabbing

By Danielle Ferguson

Michigan Supreme Court justices on Wednesday questioned whether a shove and heated confrontation were sufficient provocation for jurors mulling a fatal stabbing to receive an instruction defining crimes done out of a heat of passion in the trial that led to a man being convicted of murder.

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Investigator Immunity Limited In Death Row Exoneree Suit

By Elizabeth Daley

An exonerated Florida death row inmate who accused a fingerprint examiner and investigators of causing his wrongful double-murder convictions can continue his case against them, the Eleventh Circuit has ruled, affirming qualified immunity does not shield them from certain allegations.

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9th. Circ. Backs LA In Shop Destroyed In Police Raid

By Jonathan Capriel

Los Angeles won't foot the bill for a retail store damaged by police who fired tear gas into the shop during a standoff with an armed fugitive, the Ninth Circuit ruled in a published opinion, saying "just compensation" isn't necessary because the assault was done to protect the public.

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Judge Slams DOJ's 'Indict First' Strategy In Comey Case

By Jared Foretek

Federal prosecutors were given just over 24 hours to hand over all of the grand jury materials and anything seized under years-old warrants in the James Comey case when a Virginia federal judge said Wednesday that the government appeared to be pursuing an "indict first, investigate last" strategy.

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Texas Voters Ban Bail For Some Accused Of Serious Felonies

By Brandon Lowrey

Texas voters have approved a constitutional amendment requiring judges to deny bail to defendants charged with certain violent crimes if they are shown to be a threat or flight risk during a pretrial hearing.

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CIRCUIT COURTS

11th Circ. Says Not Feds' Fault If $345M Crypto Key Was Lost

By Parker Quinlan

The Eleventh Circuit has ruled that a man convicted of identity theft cannot sue the government for $345 million he claims he lost because federal investigators wiped a hard drive containing access codes to several thousand bitcoins, noting the man didn't tell investigators about the cryptocurrency.

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11th Circ. Affirms Convictions For Super Bowl 'Pimp'

By Kelcey Caulder

An Eleventh Circuit panel on Wednesday shot down an attempt by a "self-described pimp" to get out of four convictions for sex-trafficking convictions related to transporting two victims from Atlanta to Miami to perform sex work ahead of the 2020 Super Bowl.

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STATE APPELLATE COURTS

Mich. Justices Hint At 2nd Chance For Female Inmates' Suit

By Carolyn Muyskens

The Michigan Supreme Court seemed sympathetic to female inmates of Detroit's county jail who want to refile a class action alleging pervasive harassment during strip searches, though a named plaintiff's death put a wrinkle in Wednesday's arguments. 

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NJ Panel Unsure Businessman's Threats Broke Law

By George Woolston

A New Jersey appellate panel on Wednesday appeared skeptical that the sprawling racketeering indictment against Garden State businessman George E. Norcross was improperly dismissed, asking the state in its bid to revive the case how the power broker's alleged threats outlined in its 111-page indictment were unlawful.

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LEGAL ETHICS

Atty Is Still Making Cyberstalking Posts, Feds Say

By Adrian Cruz

Federal prosecutors on Wednesday asked a Texas federal court to order an attorney who has been charged with cyberstalking detained until trial, saying she continues to make incriminating blog posts in violation of the terms of her pretrial release.

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WHITE COLLAR

Crypto Thief Or 'Scapegoat'? Jury To Decide Ex-CFO's Fate

By Rachel Riley

Prosecutors urged a Washington federal jury Wednesday to convict a software startup's ex-executive for pumping $35 million from company coffers into his fledgling cryptocurrency project, while defense counsel accused the government of pursuing a baseless case because the company needed someone to "scapegoat" for an investment loss.

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ACCESS TO JUSTICE

Mass. Justices Consider Raises To Address Counsel Shortage

By Julie Manganis

Justices on Massachusetts' highest court grappled at a hearing Wednesday with its ability to address an ongoing shortage of attorneys willing to represent indigent defendants, after lawyers in two of the state's busiest counties stopped taking cases in May in protest over the low pay compared with other states.

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EXPERT ANALYSIS

AI Litigation Tools Can Enhance Case Assessment, Strategy

Civil litigators can use artificial intelligence tools to strengthen case assessment and aid in early strategy development, as long as they address the risks and ethical considerations that accompany these uses, say attorneys at Barnes & Thornburg.

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LEGAL INDUSTRY

Mamdani Taps Ex-FTC Chief Lina Khan For NYC Transition

By Lauren Berg

New York City Mayor-elect Zohran Mamdani on Wednesday named an all-woman transition team, including former Federal Trade Commission Chair Lina Khan, who attracted the ire of tech giants and corporations by spearheading the Biden administration's aggressive antitrust enforcement.

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Fired E-Biz Execs Sue Jackson Walker Over Judge's Romance

By Adrian Cruz

A pair of former executives at e-commerce company Volusion LLC have hit Jackson Walker LLP with the latest in a series of suits accusing the firm of legal malpractice stemming from the undisclosed romance between a former partner and a Texas bankruptcy judge.

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Senate Confirms Jones Day Partner To 9th Circ. Bench

By Courtney Bublé

The Senate voted 52-45 on Wednesday to confirm Eric Tung, a partner at Jones Day, as a judge on the Ninth Circuit.

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Robbins Geller's 'Eye-Watering' $28M Fee Bid Cut To $10.4M

By Katryna Perera

A California federal judge has rejected a $28 million attorney fee request from Robbins Geller Rudman & Dowd as part of a $150 million investor settlement with Zoom, calling it an "eye-watering figure," and saying the firm can collect about $10.4 million instead.

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Fed. Judiciary Tackles Design, Need For AI Evidence Rules

By Jack Karp

Federal judiciary members wrestled Wednesday with the appropriate parameters of a proposed rule that would govern machine-generated evidence, while questioning the need for another proposed rule dealing with so-called deepfake evidence.

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After Spending Blitz, Pa. Judicial Election Turnout Booms

By James Boyle

Months of focused campaigning and an unprecedented blitz of spending on television ads helped serve to double the number of Pennsylvania voters who turned out on Tuesday to cast ballots over whether to grant new 10-year terms to three Democratic members of the state's Supreme Court.

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LAW FIRMS IN TODAY'S NEWS

Barnes & Thornburg

Black Srebnick

Brown & Connery

Carmichael Ellis

Chiesa Shahinian

Cooley LLP

Corr Cronin

Critchley Kinum

Eversheds Sutherland

Geragos & Geragos

Gibbons PC

Grant & Eisenhofer

Hollifield Legal Centre

Jackson Walker LLP

Jones Day

Kline & Specter

Krovatin Nau

Latham & Watkins

Lewis Brisbois

Marino Tortorella

Marshall Dennehey

Parker McCay

Plunkett Cooney

Robbins Geller

Rudolf Widenhouse

Spencer Fane

Willey & Chamberlain

Womble Bond

COMPANIES IN TODAY'S NEWS

Amazon.com Inc.

American Civil Liberties Union

American College of Trial Lawyers

Brennan Center for Justice

Instagram Inc.

Institute for Justice

Meta Platforms Inc.

New Jersey State Bar Association

New York Foundling Inc.

Public Counsel

Sysco Corp.

The Michaels Organization

United Way Worldwide Inc.

Yale University

Zoom Video Communications Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Committee for Public Counsel Services

Commonwealth of Massachusetts

Federal Bureau of Investigation

Federal Judicial Center

Federal Trade Commission

Los Angeles Superior Court

Michigan Supreme Court

New York Supreme Court, New York County

Office of the Los Angeles City Attorney

U.S. Attorney's Office

U.S. Attorney's Office for the Eastern District of Virginia

U.S. Attorney's Office for the Middle District of Florida

U.S. Attorney's Office for the Northern District of Texas

U.S. Attorney's Office for the Southern District of Florida

U.S. Attorney's Office for the Western District of Washington

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Department of Justice

U.S. District Court for the Central District of California

U.S. District Court for the Eastern District of Virginia

U.S. District Court for the Northern District of California

U.S. District Court for the Northern District of Texas

U.S. District Court for the Southern District of New York

U.S. District Court for the Western District of Washington

U.S. Senate