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August 26, 2025
Farmers Defend Climate Superfund Law Against Challenges
Farmers and environmentalists are asking a Vermont federal judge to toss the U.S. government's, industry groups' and red states' lawsuits challenging the state's climate change Superfund law, saying it's a lawful method to pay for damages caused by the phenomenon.
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August 26, 2025
FOIA Results Wanted Before Ruling In DOGE Disclosure Suit
A D.C. federal judge said he wants to see how the Trump administration responds to Freedom of Information Act requests submitted in February before deciding on the government's motion to dismiss an environmental group's suit claiming that DOGE teams working in federal agencies have violated transparency laws.
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August 26, 2025
4th Circ. Revokes Class Cert. In Progressive Car Valuation Suit
The Fourth Circuit reversed a Progressive Insurance policyholder's class certification win over certain adjustments the insurer makes when calculating the actual cash value of a totaled vehicle, saying that determining whether Progressive breached each insured's policy is a "highly individualized assessment."
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August 26, 2025
SEC Says Nikola's Ch. 11 Plan Mischaracterizes $80M Penalty
The U.S. Securities and Exchange Commission objected to the Chapter 11 plan of electric-truck maker Nikola Corp. on Tuesday, saying the plan improperly treats the agency's $80 million civil penalty claim as if it were a damages claim behind other unsecured creditors in the priority scheme.
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August 26, 2025
Towing Co. Fights 'Excessive' $45M Motorcycle Crash Verdict
A Connecticut towing and recovery company has asked a state judge to order a new trial or reduce a jury's $45 million verdict for a motorcycle rider who was left permanently paralyzed in a crash with a customer's vehicle, calling the award "excessive" and unsupported by the plaintiff's own expert witness.
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August 26, 2025
Court Asked To Reconsider Burford Capital Arb Fight Ruling
German entity Financialright Claims GmbH is urging a Delaware federal court to reconsider a decision ordering the company to arbitrate its dispute with a Burford Capital affiliate over an allegedly fraudulent arbitration pact, saying "a clear error of law" in the ruling needs to be corrected.
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August 26, 2025
Wonderland Gets ITC To Eye Car Seat Imports Over Patents
The U.S. International Trade Commission said it will look into allegations that a U.S. arm of children's products maker Dorel Industries and a series of Chinese companies flouted federal law by importing car seats that Wonderland Switzerland AG said infringed its patents.
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August 26, 2025
3rd Circ. Affirms Toss Of NJ-Pa. Transit Line Death Suit
The Third Circuit on Tuesday refused to revive an estate's wrongful death suit against Port Authority Transit Corp. and Delaware River Port Authority, saying the trial court rightly found that the line on which the decedent was killed is not a railroad subject to the Federal Employers' Liability Act.
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August 26, 2025
Wash. Cities Settle Yacht Club's Clean Water Act Suit
Two Washington cities have tentatively settled a yacht club's federal lawsuit claiming the municipalities muddied the waters of its marina by failing to maintain critical stormwater infrastructure and allowing the discharge of silt-laden runoff.
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August 26, 2025
Trucking Co. Strikes Deal To End Class Suit Over 401(k) Fees
Knight-Swift Transportation reached a deal to settle a 23,500-member class action claiming the trucking business failed to rein in excessive fees charged to workers in its $432 million retirement plan, according to a filing in Arizona federal court.
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August 26, 2025
Atty's Comments Don't Warrant A New Trial In Crash Suit
A Florida appeals panel has reversed an order for a new trial in a suit over a car accident, saying that the trial court abused its discretion in finding that the defense attorney's comments warranted a redo in the case.
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August 25, 2025
Lion Air Plaintiffs Say High Court Ruling Allows RICO Claims
An Illinois federal judge seemed skeptical Monday that a recent U.S. Supreme Court ruling opened the door for an entrepreneur's family to add civil racketeering claims to their lawsuit stemming from a 2018 Lion Air crash that destroyed cargo they say is necessary to continue doing business in Italy.
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August 25, 2025
Shipbuilder Fights Subpoena In Baltimore Bridge Collapse
A South Korean shipbuilding giant said it has no ties to Pennsylvania and shouldn't be forced to appear for depositions in connection with a case brought by the Singaporean owner and manager of the container ship that slammed into Baltimore's Francis Scott Key Bridge and triggered its collapse last year.
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August 25, 2025
Florida Co. Failed To Back Up VA Trip Claims, GAO Says
A Florida company tapped to provide transportation services for a U.S. Department of Veterans Affairs medical center did not offer any proof to support allegations that the VA diverted some trips to another business, the U.S. Government Accountability Office said.
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August 25, 2025
Texas Wants To Back Trump In Calif. Vehicle Waiver Fight
Texas has told a federal court that California shouldn't be allowed to adopt vehicle emissions standards that are stricter than the U.S. Environmental Protection Agency's because other states essentially have to go along with them even if they disagree.
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August 25, 2025
Fired CTA Worker Faced Bias Over Vax Refusal, Jury Told
A former Chicago Transit Authority electrician was unlawfully fired from his job after he refused to take the COVID-19 vaccine due to his Catholic faith, even if he also had medical and scientific concerns with the shot, an Illinois federal jury heard on Monday.
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August 25, 2025
Co. Not Covered For $7.5M Crash Judgment, Insurer Says
A food service distributor isn't entitled to coverage of a nearly $7.5 million judgment entered against it in a suit over a collision involving one of its trucks and another driver, an insurer told a Connecticut federal court Monday, saying the company breached the policy's notice conditions.
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August 25, 2025
Marelli Wins Ch. 11 Ruling To Resume Arbitration In Italy
A Delaware bankruptcy judge said he would lift the automatic stay on an arbitration proceeding in Italy, finding that it wouldn't prejudice a company with counterclaims against automotive parts manufacturer Marelli Corp.
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August 25, 2025
Ex-TSA Attorney Among 3 New Lawyers At Kaplan Kirsch
A former Transportation Security Administration attorney is among three lawyers who recently joined Kaplan Kirsch LLP, a Denver-based law firm that specializes in representing state, local and tribal government agencies on projects such as airport expansions and new rail lines.
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August 25, 2025
Care Facility Not Covered In Chase Crash Suit, Insurer Says
An insurer has no duty to defend or indemnify a residential care facility or its owner in an underlying suit over a car chase that resulted in a crash and injured two women, the company told an Oregon federal court, saying the claims do not trigger the insuring agreement.
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August 22, 2025
3rd Circ. Upholds Shipbuilder's Ch. 11 Reopening
A split Third Circuit panel on Friday upheld, 2-1, a New Jersey bankruptcy judge's discretion in reopening Congoleum Corp.'s 2003 Chapter 11 case and barring Occidental Chemical from pursuing Congoleum affiliate Bath Iron Works to recover pollution liability expenses.
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August 22, 2025
9th Circ. Weighs Religious Bias Suit In LGBTQ+ Post Firings
An attorney for two Christian flight attendants who say they were illegally fired by Alaska Airlines and abandoned by their labor union for opposing the airline's support for LGBTQ+ rights urged the Ninth Circuit Friday to revive their case, saying it is clear from the record that they were fired for their religious beliefs.
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August 22, 2025
Eletson Looks To Nix $102M Award Over Reed Smith 'Fiction'
The new owner of international shipping company Eletson has asked a New York federal judge to vacate a $102 million arbitral award issued in a dispute with competitor Levona, saying the award is based on a "fiction" perpetuated by the company's former owners as assisted by their Reed Smith LLP counsel.
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August 22, 2025
New York City Clears Waymo To Test Self-Driving Cars
Waymo LLC received the green light to begin testing its self-driving cars in New York City after scoring a permit Friday that could pave the way for autonomous vehicles to roll out in one of the nation's most heavily congested cities.
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August 22, 2025
Green Groups Lodge 5th Circ. Challenge Over La. LNG Permits
Environmentalists have asked the Fifth Circuit to cancel air permits issued by Louisiana environmental regulators for a liquefied natural gas export terminal, saying the permits were unlawfully issued and will increase pollution for nearby communities.
Expert Analysis
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3 Rulings May Reveal Next Frontier Of Gov't Contract Cases
Several U.S. Supreme Court decisions over the past year — involving wire fraud, gratuities and obstruction — offer wide-ranging and arguably conflicting takeaways for government contractors that are especially relevant given the Trump administration’s focus on diversity, equity and inclusion initiatives, say attorneys at Rogers Joseph.
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9th Circ. Has Muddied Waters Of Article III Pleading Standard
District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Future Of Enviro Crimes Under Trump's Federal Regs Order
President Donald Trump's recent executive order about fighting overcriminalization in federal regulations creates new advocacy opportunities for defense counsel to argue that particular environmental crime investigations and matters ought to be limited or declined based on the policy priorities reflected in the order, say attorneys at Sidley.
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Series
Competing In Modern Pentathlon Makes Me A Better Lawyer
Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.
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Series
Law School's Missed Lessons: Teaching Yourself Legal Tech
New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.
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Navigating Potential Sources Of Tariff-Related Contract Risk
As the tariff landscape continues to shift, companies must anticipate potential friction points arising out of certain common contractual provisions, prepare to defend against breach claims, and respond to changing circumstances in contractual and treaty-based relationships, say attorneys at Debevoise.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Despite Rule Delay, FTC Scrutiny Looms For Subscriptions
Even though the Federal Trade Commission has delayed its click-to-cancel rule that introduces strict protocols for auto-renewing subscriptions, businesses should expect active enforcement of the new requirements after July, and look to the FTC's recent lawsuits against Uber and Cleo AI as warnings, say attorneys at Holland & Knight.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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GM Case Highlights New Trends In AI-Related Securities Suits
Bold company statements about artificial intelligence have resulted in a rise in AI-related securities litigation, and a recent Michigan federal court decision in In Re: General Motors Co. Securities Litigation illustrates how courts are analyzing these AI-based claims and applying traditional securities concepts to new technologies, say attorneys at Cooley.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Justices Hand Agencies Broad Discretion In NEPA Review
By limiting the required scope of reviews under the National Environmental Policy Act, the U.S. Supreme Court's recent ruling in Seven County Infrastructure Coalition v. Eagle County could weaken the review process under NEPA, while also raising questions regarding the degree of deference afforded to agencies, say attorneys at Foley Hoag.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.