Two Sixth Circuit judges clashed Tuesday over appellate judges writing opinions to explain their votes on en banc petitions, as one longtime judge called the practice "offensive to our system of panel adjudication."
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THURSDAY, AUGUST 14, 2025 Law360 iOS App Law360 Android App Follow Law360 on Facebook Follow Law360 on LinkedIn Follow Law360 on Twitter

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Should Judges Explain En Banc Votes? 6th Circ. Can't Agree

By Carolyn Muyskens

Two Sixth Circuit judges clashed Tuesday over appellate judges writing opinions to explain their votes on en banc petitions, as one longtime judge called the practice "offensive to our system of panel adjudication."

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Mich. Panel Says Teen's 67-Year Term 'Does Not Pass Muster'

By Parker Quinlan

A Michigan man who was sentenced to at least 67 years in prison for crimes allegedly committed when he was 17 will be resentenced after a state appeals court ruled the punishment was unconstitutionally long.

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Mich. Tribe Asks High Court To Undo Great Lakes Fishing Pact

By Crystal Owens

A Michigan tribe is asking the Supreme Court to overturn a Sixth Circuit decision to uphold a 2023 decree governing fishery management in the Great Lakes, saying the document was negotiated over its objections, restricts its treaty rights and will micromanage the waters for the next quarter-century.

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Ill. Woman Who Lost Legs Says Boat's Design Was Defective

By Danielle Ferguson

An Illinois woman who lost both logs in a boating accident in a popular Lake Michigan area has sued the manufacturers of the boat that struck her, alleging the vessel's lack of propeller guard and operator controls was part of a defective design.

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Water Law & Real Estate: A Special Report

By Real Estate Authority Staff

What's more summery than a trip to the shore? That's where Law360 Real Estate Authority has headed — not for a break, but for a special section looking at waterfront real estate, from coastal development challenges to big projects and the lawyers keeping them on course.

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LITIGATION

Mich. Tribe Can't Get $1.5M In Legal Fees In Recognition Fight

By Crystal Owens

A D.C. federal court judge on Wednesday denied a Michigan tribe's bid to recoup $1.5 million in legal fees from the U.S. Department of the Interior over the tribe's challenge to a federal recognition status denial, saying the motion is untimely because a decision to remand the dispute is final.

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6th Circ. Clarifies Class Cert. Standard In FirstEnergy Suit

By Lauren Berg

A class of FirstEnergy investors suing in the wake of a $1 billion bribery scandal should not have been certified, the Sixth Circuit ruled Wednesday, saying the district court applied the wrong standard, but indicated the class could be recertified on remand.

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Brief

Garmin, Fitness Tracker Co. Reach Resolution In IP Suit

By Elliot Weld

Garmin International Inc. and Israeli wearable tech firm CardiacSense Ltd. have reached a resolution in a case in a suit over a patent covering devices that measure bodily data.

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EXPERT ANALYSIS

Series

Law School's Missed Lessons: Negotiation Skills

I took one negotiation course in law school, but most of the techniques I rely on today I learned in practice, where I've discovered that the process is less about tricks or tactics, and more about clarity, preparation and communication, says Grant Schrantz at Haug Barron.

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LEGAL INDUSTRY

Kelley Drye Hit With Class Action Over Client Data Leak

By James Boyle

Poor security measures and inadequately trained employees at Kelley Drye & Warren LLP contributed to a data breach that exposed the personal information of clients earlier this year, according to a complaint filed in New York state court seeking to form a class action.

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NJ US Atty Defends Status, Says She Is 'Validly Serving'

By Ryan Boysen

Acting New Jersey U.S. Attorney Alina Habba has hit back against criminal defendants who claim her contentious appointment violates the U.S. Constitution, saying everything is above board and a "lengthy period of acting service is not unusual."

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Analysis

Decision In $50B Yukos Case Raises Interesting Question

By Caroline Simson

The D.C. Circuit's decision last week reviving Russia's bid to escape litigation to enforce $50 billion in arbitral awards has raised what experts say remains a "very open" question — are U.S. courts obligated to defer to foreign courts that affirm an arbitral award issued under their law?

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GSA Strikes Anthropic Deal For Access To Generative AI

By Sarah Martinson

The U.S. General Services Administration has made a deal with artificial intelligence developer Anthropic for the company to offer its generative AI tool Claude to all three branches of the federal government, including courts, at the cost of $1 for a year.

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How They Won It

How A Flowchart Won $14.5M In Fla. Woman's Fraud Suit

By David Minsky

In Mireya Cambero's lawsuit against her ex-husband Jose Fernando De Matos, her attorneys at Miami-based Diaz Reus LLP had to prove fraudulent transfers but avoid confusing a jury with voluminous, uninteresting business filings. The best way to do it, they decided, was to organize their evidence in an easily digestible flowchart.

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NY Civil Rights Advocates Want ICE Holding Space Shut Down

By Marco Poggio

New York City immigrant rights advocates are calling for the closure of what appears to be an unofficial detention center for noncitizens hosted in a federal building in Lower Manhattan following a federal court injunction Tuesday that ordered U.S. Immigration and Custom Enforcement to "meet baseline conditions" inside the facility.

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Fla. Detention Center Still Blocks Atty Access, Groups Say

By David Minsky

Civil rights groups Wednesday urged a Florida federal court to grant attorneys access to detainees located at an Everglades-based immigrant detention center in a proposed class action complaint, saying people confined at the facility aren't able to petition for their release.

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Trump Taps Democratic Commissioner As Acting FERC Chair

By Keith Goldberg

President Donald Trump on Wednesday named Democratic Commissioner David Rosner as acting chair of the Federal Energy Regulatory Commission, citing his support for expanding the electric grid to better serve data centers and artificial intelligence, which is an administration priority.

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LAW FIRMS IN TODAY'S NEWS

Baker Botts

Bodman PLC

Brown Rudnick

Chaffetz Lindsey

DNL Zito

Dentons

Diaz Reus

HSF Kramer

Haug Barron Law Group

Jones Day

Kelley Drye

Levy Konigsberg

MoloLamken

Murray Murphy

Olson & Howard

Pender & Coward

Robbins Geller

Shutts & Bowen

Strauss Borrelli

Sullivan & Cromwell

Troutman

U.S. Immigration Law Counsel

Ven Johnson Law

Venable LLP

Vinson & Elkins

WilmerHale

COMPANIES IN TODAY'S NEWS

American Civil Liberties Union

Anthropic PBC

Comcast Corp.

FirstEnergy Corp.

Garmin Ltd.

LinkedIn Corp.

New York Immigration Coalition

OpenAI OpCo LLC

PJM Interconnection LLC

Space Exploration Technologies Corp.

Talen Energy Corp.

eBay Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Bay Mills Indian Community

Executive Office for Immigration Review

Federal Bureau of Investigation

Federal Energy Regulatory Commission

Grand Traverse Band of Ottawa and Chippewa Indians

Little River Band of Ottawa Indians

Louisiana Court of Appeal, Fifth Circuit

Michigan Supreme Court

Sault Ste. Marie Tribe of Chippewa Indians

State of Michigan

U.S. Army Corps of Engineers

U.S. Attorney's Office for the District of New Jersey

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

U.S. Court of Appeals for the Sixth Circuit

U.S. Department of Defense

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of the Interior

U.S. District Court for the District of Columbia

U.S. District Court for the District of New Jersey

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

U.S. District Court for the Middle District of Florida

U.S. District Court for the Southern District of Florida

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

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

U.S. General Services Administration

U.S. Immigration and Customs Enforcement

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court