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April 18, 2025
Fed. Circ. Backs Fox In 1st Alice Case On Machine Learning
The Federal Circuit ruled Friday that applying established machine learning methods to a new area cannot be patented, delving for the first time into the patent eligibility issues concerning the emerging technology in a decision upholding a win for Fox Corp. over TV scheduling patents.
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April 18, 2025
3rd Circ. Won't Revive Norfolk Southern Conductor's ADA Suit
The Third Circuit refused Friday to reinstate a Norfolk Southern Railway Co. train conductor's suit alleging he was illegally suspended because of his history of seizures, saying the railroad's decision wasn't rooted in discrimination.
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April 18, 2025
Philly Firm Leaders Form Employment, Civil Rights Boutique
Attorneys out of Philadelphia and New Jersey have merged their practices to start a new law firm focused on employment, criminal, civil rights and survivor's rights law, the partners announced earlier this week.
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April 18, 2025
Taxation With Representation: Davis Polk, Simpson Thacher
In this week's Taxation With Representation, Global Payments Inc. buys Worldpay from GTCR and FIS, Intel Corp. sells a stake in its Altera business to Silver Lake, KKR acquires OSTTRA from S&P Global and CME Group, and Canada's Capital Power Corp. nabs two U.S. natural gas power plants.
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April 18, 2025
MLB Players Aim To Strike Out DraftKings NIL Case Appeal
Major League Baseball players called foul on DraftKings Inc.'s bid for the Third Circuit to decide whether the players' claims that the betting app used photos of them in ads without permission can proceed, arguing that a lower court got it right when it refused to dismiss their claims.
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April 18, 2025
OxyChem Unit Settles Bid To Share Ohio Derailment Blame
Chemical shipper OxyVinyls Inc. and Norfolk Southern struck a deal toward the end of a trial seeking to spread the blame — and the cost of a $600 million settlement — for the 2023 derailment in East Palestine, Ohio.
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April 18, 2025
Dog The Bounty Hunter Can't Bag Podcasters For Defamation
A Pennsylvania judge has dismissed a "sprawling behemoth" of a defamation case brought against two true crime podcasters by Dog the Bounty Hunter and the father of a missing Tennessee child whom the podcasters allegedly accused of being a pedophile, determining that the case was clearly a bid to muzzle participation in a topic of public interest.
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April 17, 2025
RI Judge Wants To Know Who's Behind $11B Health Grant Cuts
A Rhode Island federal judge on Thursday pressed the Trump administration for details about the decision-makers behind the cancellation of billions in grants supporting state public health programs.
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April 17, 2025
FERC Chairman Blasts PJM Over Transmission Line Project
Mark Christie, chairman of the Federal Energy Regulatory Commission, ripped into PJM Interconnection LLC on Thursday, saying the regional transmission organization is ignoring history by arguing that its project approval preempts states' ability to deny a certificate of public convenience and necessity.
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April 17, 2025
K&L Gates Bungled Crypto Co.'s Bankruptcy Claim, Suit Says
Gryphon Digital Mining has sued its former counsel K&L Gates LLP, claiming it dropped the ball on a bankruptcy filing that cost the company millions of dollars and complicated another legal case, all while allegedly overbilling the crypto mining firm by $1 million for related matters.
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April 17, 2025
Wyoming Biz Accuses Pa. Entities Of $3.9M Explosives Fraud
A Wyoming-based defense contractor on Thursday accused a Pennsylvania company and its owner of pocketing $3.9 million and never delivering explosives bought to aid Ukrainian and Israeli forces, and using the money to pay for helicopters, luxury watches and a posh overseas wedding.
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April 17, 2025
3rd Circ. Questions Walmart's Duty To Disclose Opioid Probe
The Third Circuit on Thursday questioned the extent to which Walmart knew of the government's interest in prosecuting it for opioid sales, as it considered a bid by investors to revive class claims alleging the retail chain failed to disclose it was under investigation.
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April 17, 2025
'Moonshine' Fudge Maker Must Pay Fees For Failed IP Claims
The maker of "Chocolate Moonshine" fudge may have won a trade secrets case against his ex-wife and her new chocolate company, but he must pay the defendants more than $174,000 in attorney fees and costs for his unsuccessful trademark and copyright infringement claims.
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April 17, 2025
Seeger Weiss Adds 2 Attys From Gibson Dunn, NY AG's Office
Plaintiffs firm Seeger Weiss LLP announced two additions to its New Jersey and Pennsylvania teams, including a counsel who joins from the Office of the New York Attorney General and an associate who joins from Gibson Dunn & Crutcher LLP.
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April 17, 2025
Ex-Harvard Morgue Manager Takes Plea Over Stolen Remains
Harvard Medical School's former morgue manager plans to plead guilty to one criminal count in a case alleging he stole and sold human remains from cadavers in his care to a network of "oddities" buyers across the country.
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April 16, 2025
Philly Housing Agency Seeks Out Of Suit Over Fatal Fire
The Philadelphia Housing Authority on Wednesday urged a Pennsylvania federal court to free it from a lawsuit accusing it of responsibility for a fatal 2022 public housing fire that killed 12 residents, saying administrators of the decedents' estates failed to show that the agency directly caused the fire.
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April 16, 2025
Pa. Poultry Farm's Slaughter Methods Deemed Trade Secrets
The Pennsylvania Superior Court has ruled that an animal rights group cannot force a Lebanon County poultry farm to disclose its chicken slaughtering practices, with the court ruling that the materials sought were confidential trade secrets.
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April 16, 2025
3rd Circ. Punts Mining Co. Document Fight To Ch. 11 Judge
The Third Circuit vacated a Delaware bankruptcy judge's order to unseal records a successor of Essar Steel's U.S. unit is seeking to bolster its antitrust claims against Cleveland-Cliffs, ruling Wednesday that the Chapter 11 judge used the wrong standard.
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April 16, 2025
3rd Circ. Says FAA Doesn't Apply To Drivers' Distributor Pact
The Third Circuit nixed on Wednesday a New Jersey lower court's order making a father-son delivery driver duo arbitrate their wage and hour claims against tortilla producer Gruma Corp., finding the Federal Arbitration Act does not apply to the parties' distributor contract.
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April 16, 2025
Penn State Shuts Down White Ex-Professor's Bias Suit
A federal judge tossed a suit Wednesday from a white former writing professor who alleged that Pennsylvania State University reprimanded and poorly evaluated him for raising concerns that he faced racial bias on campus, finding he didn't suffer significant enough consequences to sustain retaliation claims.
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April 16, 2025
Pa. Judge Cuts Atty Fees To $950K In ERISA Deal Final OK
A federal judge in Pennsylvania has ruled that counsel representing two union elevator industry workers should be awarded $950,000 in legal fees, down from the attorneys' initial request of $1.7 million for settling a nearly 30,000-member class action over the management of a union 401(k) plan.
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April 16, 2025
More Students Sue Over Scrapped Foreign Student Records
More than 130 international students accused the U.S. Department of Homeland Security of abruptly and unlawfully terminating digital visa compliance records, saying in a complaint filed in Georgia federal court that the data deletion puts them at risk of arrest, detention and deportation.
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April 15, 2025
Westlaw Rival Urges 3rd Circ. Intervention In AI Fair Use Case
Tech startup ROSS Intelligence has urged the Third Circuit to allow a quick appeal focusing on two key questions from a lower court decision concluding it infringed copyrighted material from Thomson Reuters' Westlaw platform to create an artificial intelligence-backed competing legal research tool.
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April 15, 2025
Dow Says NJ Pollution Suit 'Classic' Case For Federal Court
Dow Chemical Co. told a Third Circuit panel on Tuesday that the New Jersey attorney general's suit accusing it and other companies of causing widespread groundwater pollution through a product containing a likely cancer-causing compound belongs in federal court, arguing the product was developed for the federal government.
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April 15, 2025
Students Get Reprieve While Suing Over Revoked Visa Status
Two foreign-born Carnegie Mellon University students will get more time to challenge the U.S. Department of Homeland Security's deletion of the records they need to legally remain in the country, but a Pennsylvania federal judge stopped short of restoring their legal status Tuesday.
Expert Analysis
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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What Remedies Under New Admin's SEC Could Look Like
The U.S. Securities and Exchange Commission is likely to substantially narrow the remedies it pursues over the next few years, driven by the mounting challenges it faces in court, as well as the views of its incoming chair and fellow Republican commissioners on injunctions, penalties and disgorgement, say attorneys at Milbank.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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Notable Q4 Updates In Insurance Class Actions
In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Appealing An Interlocutory Order On Insurer Duty To Defend
A recent First Circuit decision on a motion regarding an insurer's duty to defend underlying litigation highlights how policyholders may be able to pursue immediate appeals of interlocutory orders, especially in light of other circuit courts' stances on this issue, say attorneys at Anderson Kill.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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As Failure-To-Warn Preemption Wanes, Justices May Weigh In
Federal preemption of state failure-to-warn claims has long been a powerful defense in strict liability tort cases, but is now under attack in litigation over the weedkiller Roundup and other products — so the scope and application of preemption may require clarification by the U.S. Supreme Court, says Michael Sena at Segal McCambridge.
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How Design Thinking Can Help Lawyers Find Purpose In Work
Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.
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Justices' Certiorari Denial Leaves Interstate Tax Questions
Since the U.S. Supreme Court recently declined to review a Philadelphia resident’s claim that her Delaware state income taxes should be credited against her city wage tax liabilities, constitutional questions about state and local tax distinctions linger, and some states may continue to apply Supreme Court precedent differently, say attorneys at Dentons.
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Opinion
US Steel-Nippon Merger Should Not Have Been Blocked
The Biden administration's block of the U.S. Steel and Nippon Steel merger on national security grounds was unconstitutional overreach and needs to be overturned, with the harms remedied in federal court, says attorney Chuck Meyer.
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Opinion
Weight Drug Suits Highlight Need For Legal Work On Safety
The rapid ascent of glucagon-like peptide-1 receptor agonists like Ozempic has revolutionized diabetes management and weight loss — but legal wrangling over issues including off-label prescriptions, side effects and compounded versions underscores lawyers' roles in protecting patient safety, says attorney Gregg Goldfarb.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal appellate court class certification decisions and identifies practice tips from cases involving breach of life insurance contracts, constitutional violations of inmates and more.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.