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October 31, 2025
4 Mass. Rulings You May Have Missed In October
Massachusetts state court judges in October dealt with missing details in a trade secrets case, missing lawyers in a proposed class action over COVID-19-related refund demands, and missing evidence during summary judgment proceedings.
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October 31, 2025
FERC Faces DC Circ. Fight Over Pipeline Project Revival
Environmental and homeowner groups have asked the D.C. Circuit to drop the Federal Energy Regulatory Commission's reauthorization of a previously abandoned pipeline upgrade project in the Northeast, saying the agency can't simply restore an approval it issued six years ago.
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October 31, 2025
Crash Suit Revived After Counsel 'Knowingly Served' Dead Atty
A Texas appellate court has reinstated a suit accusing a commercial truck driver of negligently hitting a vehicle which caused a family's severe injuries, saying defense counsel acted unfairly when it "knowingly served" only the family's deceased attorney with court documents.
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October 31, 2025
Florida Firm Blasts Bid For More Sanctions In IP Fight
Peter Ticktin, Ticktin Law Group PA and a client are urging a Florida federal judge to reject a bid by two smart glass companies for sanctions and an estimated $700,000 in attorney fees in a patent infringement case, calling the request an attempted "double recovery" after a $321,000 sanction was already levied.
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October 31, 2025
Industry Groups Seek More Time To Comment On PTAB Rules
A coalition of organizations representing the technology, automotive and pharmaceutical sectors has urged U.S. Patent and Trademark Office Director John Squires to allow 30 additional days of public comments regarding new proposed rules that would curtail the number of Patent Trial and Appeal Board reviews.
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October 31, 2025
Taxation With Representation: Skadden, Davis Polk
In this week's Taxation With Representation, American Water Works Co. and Essential Utilities announce a merger, semiconductor companies Skyworks and Qorvo combine to create an industry giant, and Terex Corp. and REV Group team up to form a specialty equipment manufacturer.
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October 31, 2025
3rd Circ. Preview: BMW, MiLB And Sandoz Top Nov. Lineup
The Third Circuit in November will hear a pair of disputes over awards handed out in New Jersey federal court, including a nearly $4 million attorney fee for class counsel representing BMW drivers and a $70 million win for Sandoz Inc. in a contract battle over blood pressure medicine.
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October 31, 2025
UK Litigation Roundup: Here's What You Missed In London
This past week in London has seen two regional law firms clash at the intellectual property court over the name Amicus Solicitors, Bill's Restaurant face a breach of contract suit by its former executive chair, and a Capita subsidiary sue the Metropolitan Police over a multimillion-pound procurement dispute.
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October 30, 2025
Lufthansa Must Face Same-Sex 'Outing' Suit, 9th Circ. Says
Deutsche Lufthansa AG cannot ground a same-sex couple's lawsuit accusing the German airline of outing their marriage to the Saudi Arabian government, a split Ninth Circuit panel ruled Thursday, saying there are enough strings tying the case to California to meet jurisdiction requirements.
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October 30, 2025
Squires' National Security Fears Over RPIs Draw Skepticism
U.S. Patent and Trademark Office Director John Squires has started requiring patent challengers to disclose all real parties in interest when filing their initial Patent Trial and Appeal Board petitions, building on his policies to limit such challenges and citing concerns over national security.
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October 30, 2025
10th Circ. Tosses Gun Evidence Found On Cop's 'Hunch'
The Tenth Circuit has ruled that a detective's "hunch" that a shooting suspect was in a car wasn't sufficient grounds to have the vehicle stopped and searched, suppressing evidence of a handgun found in the car.
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October 30, 2025
Boeing Rips Irish Leasing Co. 'Stonewalling' In 737 Max Suit
Boeing has told a Washington federal judge that an Irish aircraft leasing company keeps stonewalling and should be ordered to sit for depositions in a breach-of-contract suit alleging Boeing duped it into leasing defective 737 Max jets that were later grounded after two deadly crashes overseas.
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October 30, 2025
Verizon Fights USPTO Bid To Block Fed. Circ. Patent Appeal
Verizon has shot back at the U.S. Patent and Trademark Office's argument that the Federal Circuit can't hear its appeal of former acting Director Coke Morgan Stewart's decision to wipe out a Patent Trial and Appeal Board decision in the company's favor invalidating an Omega Patents patent.
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October 30, 2025
Westfield Insurance Co. Hit With UIM Class Claims In Philly
Ohio-based insurer Westfield Insurance Co. has been hit with putative class claims alleging it unfairly denies its customers underinsured motorist benefits.
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October 30, 2025
Cooley, Fenwick Drive Travel Tech Firm Navan's $923M IPO
Corporate travel and expense management software provider Navan began trading publicly Thursday after raising $923 million in its initial public offering.
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October 30, 2025
Pension Fund Says Yellow Plan Can't Reserve Claim Argument
A Teamsters pension fund is urging the Delaware bankruptcy court to reject Yellow Corp.'s liquidation plan, arguing the trucking company is reserving potential arguments against the fund's $17.8 million claim that have already been resolved and discharged.
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October 30, 2025
Mich. Justices Take Up Stellantis Supplier's Contract Dispute
The Michigan Supreme Court has agreed to take up a Stellantis supplier's appeal of a decision forcing it to continue supplying the automaker with parts at a loss, giving the court a chance to resolve the enforceability of a common supply contract term.
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October 30, 2025
3 Firms Steer $9B Terex-REV Specialty Equipment Deal
Fried Frank Harris Shriver & Jacobson LLP and Pryor Cashman LLP are advising Terex Corp. on a new agreement to merge with Davis Polk & Wardwell LLP-advised REV Group in a stock-and-cash transaction valued at about $9 billion, the companies announced Thursday.
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October 30, 2025
NHTSA To Probe 700K Hondas For Airbag, Seat Belt Issues
The National Highway Traffic Safety Administration has opened investigations into more than 700,000 Honda vehicles following safety reports regarding side airbags, rear seat belt warnings and loss of propulsion while moving at high speeds.
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October 30, 2025
Green Groups Can't Intervene In Feds' NY Superfund Suit
A New York federal judge won't let environmental groups intervene in the U.S. Environmental Protection Agency's suit challenging a New York state Superfund law, saying the addition of five defendants would overcomplicate the litigation.
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October 29, 2025
NY's Allstate Data Breach Case Sent Back To State Court
A New York federal judge has sent a data breach lawsuit against an Allstate Insurance Co. unit back to state court, ruling that he lacks subject matter jurisdiction in the suit because the causes of action in the litigation are not created by federal law.
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October 29, 2025
Royal Caribbean's Bartending Blamed For Passenger's Death
The family of a woman who fell overboard during a Royal Caribbean cruise last year is blaming her death on crew members who continued serving her alcohol despite her visible intoxication, according to a lawsuit filed in Florida federal court.
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October 29, 2025
Union Pacific Gets OK To Challenge BIPA Exemption Denial
An Illinois federal judge gave Union Pacific the green light on Tuesday to ask the Seventh Circuit to determine mid-case whether he correctly held the Biometric Information Privacy Act's government contractor exemption applies only when a violation occurs within the scope of a government contract.
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October 29, 2025
Flight Attendant Says United Airlines Ignored Sex Harassment
A United Airlines flight attendant has filed a federal sexual harassment lawsuit against her employer, alleging it subjected her to inappropriate conduct and perpetuated a hostile work environment where a former airline pilot distributed intimate images of her without her consent.
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October 29, 2025
Climate Change Heat Death Suit Returns To Wash. State Court
A Washington federal judge on Tuesday sided with the Seattle-area family of a woman who died during a 2021 heat wave, sending their first-of-its-kind wrongful death suit against oil and gas giants like Exxon back to state court.
Expert Analysis
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Trump Tax Law's Most Consequential International Changes
The international tax provisions in the One Big Beautiful Bill Act may result in higher effective tax rates for some multinational corporations, but others, particularly those operating in low-tax jurisdictions, may benefit from alignment with global anti-profit shifting efforts, say attorneys at Weil.
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Associates Can Earn Credibility By Investing In Relationships
As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.
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How 6th Circ. Ruling Deepens Split On Broker Liability
A growing divide in Federal Aviation Administration Authorization Act jurisprudence is ripe for U.S. Supreme Court review, after the Sixth Circuit last month found in Cox v. Total Quality Logistics that brokers can be held liable for negligent hiring, says Gregory Reed at Hanson Bridgett.
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Ruling Offers Insurers A Path To Settle Sans Insured Consent
A recent North Carolina federal court ruling, Martin Marietta Materials v. Ace, joins other states in holding that an insurer may consider its own interests in settlement negotiations, outlining a strong strategy for insurers faced with an uncooperative insured and the threat of a large verdict, say attorneys at Phelps Dunbar.
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Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling
The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.
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Opinion
Aviation Watch: Liability Lessons From 737 Max Blowout
The National Transportation Safety Board's recently released report on the 2024 door plug blowout on board a Boeing 737 Max airliner helps illuminate how a company's strategic mistakes can lead to flawed decision-making and supply chain oversight failures, ultimately increasing regulatory and legal exposure, says Alan Hoffman, a retired attorney and aviation expert.
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Series
Quilting Makes Me A Better Lawyer
Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.
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3rd Circ. FMLA Suit Revival Offers Notice Rule Lessons
In Walker v. SEPTA, the Third Circuit reinstated a former Philadelphia bus driver's Family and Medical Leave Act lawsuit, finding the notice standard is not particularly onerous, which underscores employers' responsibilities to recognize and document leave requests, and to avoid penalizing workers for protected absences, say Fiona Ong and Leah Shepherd at Ogletree.
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Utility Agency Suits May Rise As Calif. Justices Nix Deference
A recent California Supreme Court ruling rejecting the uniquely deferential standard of review accorded to California Public Utilities Commission decisions interpreting the Public Utilities Code will incentivize more litigation against the agency, as long as litigants can show their challenges meet certain requirements, says Thaila Sundaresan at Davis Wright.
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How Proposed FAA Rule May Streamline Drone Operations
The Federal Aviation Administration's recent proposed rule on autonomous drone delivery operations offers a more streamlined approach, by shifting away from the current pilot-centered framework and placing safety and operational responsibility at the level of the operator's organization, say Amanda Losacco and Jessica Monahan at Cozen O'Connor.
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What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
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State AGs Are Turning Up The Antitrust Heat On ESG Actions
Recent antitrust developments from red state attorneys general continue a trend of environmental, social and governance scrutiny, and businesses exposed to these areas should conduct close examinations of strategy and potential material risk, say attorneys at Morgan Lewis.
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8th Circ. Rulings Show Employer ADA Risks In Fitness Tests
Two recent Eighth Circuit decisions reviving lawsuits brought by former Union Pacific employees offer guidance for navigating compliance with the Americans with Disabilities Act, serving as a cautionary tale for employers that use broad fitness-for-duty screening programs and highlighting the importance of individualized assessments, says Masood Ali at Segal McCambridge.
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Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
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5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.