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December 04, 2025
CDC Vaccine Committee Punts Hepatitis B Vote Again
Federal vaccine advisers on Thursday put off a vote on changing guidelines for a long-used hepatitis B vaccine for infants, delaying again a decision expected to have wide-ranging ramifications for national childhood vaccine policy in the U.S.
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December 04, 2025
9th Circ. To Decide Agents' Immunity In Fatal Ariz. Shooting
An Arizona federal judge has agreed to let three U.S. Customs and Border Patrol agents pause a lawsuit against them until the Ninth Circuit weighs in on whether they are immune from the suit claiming they wrongfully shot and killed a Tohono O'odham Nation man.
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December 04, 2025
Sunday Ticket Subscribers Claim NFL Added Late Arguments
The National Football League improperly introduced new arguments into their defense of the decision to dismiss the $4.7 billion verdict in their favor in the Sunday Ticket antitrust trial last year, a group of subscribers told the Ninth Circuit.
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December 04, 2025
Pharma Cos. Denied Early Win In States' Price-Fixing Suit
Twenty-six pharmaceutical companies failed to secure a quick win on overarching conspiracy claims in an antitrust case by the attorneys general of Connecticut and most other states, with a federal judge finding the "substantial bulk of evidence" points toward a broad industry scheme to fix 98 dermatology drug prices.
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December 04, 2025
9th Circ. Says ERISA Preempts UnitedHealth Claims Fight
The Ninth Circuit on Thursday backed a California federal court's decision to toss a medical collector's allegations of underpaid claims and state contract law violations by a UnitedHealth Group unit, agreeing that the Employee Retirement Income Security Act preempted the collector's suit.
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December 04, 2025
Oregon Labor Peace Law Unconstitutional, 9th Circ. Told
Cannabis companies that brought a successful challenge to an Oregon state law requiring marijuana businesses to have labor peace agreements told the Ninth Circuit on Wednesday the law was unconstitutional and preempted.
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December 04, 2025
Former Live Nation Workers See 401(k) Fee Suit Tossed
A California federal judge tossed a suit from two Live Nation ex-workers alleging excessive fees in their employee 401(k) plan, following the Ninth Circuit in August saying the workers hadn't specifically appealed the lower court's holding that the ticket sales company could enforce a class action waiver.
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December 03, 2025
OpenAI Can't Scrap Injunction In TM Suit Over 'IO' Name
OpenAI can't undo an injunction won by IYO Inc. that temporarily blocked it from using the "IO" trademark in certain circumstances involving acquired competitor IO Products, after the Ninth Circuit concluded on Wednesday that the parties' marks only differ by one letter and sell similar AI-related products.
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December 03, 2025
9th Circ. Won't Revive Adidas Investors' Suit Over Ye Collab
The Ninth Circuit on Wednesday affirmed an Oregon federal court's decision to toss investors' proposed class action accusing Adidas of failing to disclose the risks of relying on the rapper Ye for a multibillion-dollar fashion partnership, concluding a lower court properly tossed the dispute.
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December 03, 2025
Wash. Defends Law Limiting Immigrants Working In Jails
Washington state urged a federal judge to deny King County's attempt to block a law that imposes citizenship and immigration status requirements for local government corrections officers, arguing that it passes legal muster and may soon change anyway.
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December 03, 2025
Hagens Berman Must Give Apple, Amazon Ethics Pros Docs
Hagens Berman Sobol Shapiro LLP must give Apple and Amazon all the communications it shared with outside ethics experts as the firm fought allegations that it hid a consumer plaintiff's desire to exit an antitrust case, a Washington federal judge has ruled.
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December 03, 2025
Amazon, Walmart Sued Over Fatal Big Rig Pileup In Wash.
The estate of a Washington man killed in a multivehicle collision is suing Amazon, Walmart and other companies, claiming they were negligent in hiring and training the commercial drivers who were involved in the fiery crash.
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December 03, 2025
3rd Circ. Won't Block NLRB In Constitutionality Cases
Employers challenging the National Labor Relations Board's constitutionality can't get its cases blocked because they arise out of "labor disputes" courts are generally forbidden to meddle in, the Third Circuit said Wednesday, opening a split with the Fifth Circuit.
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December 03, 2025
Tyson Foods Wants To Nix Wage Suit For Lack Of Details
A worker's suit accusing Tyson of failing to provide employees with meal and rest breaks and to pay them accurately cannot proceed because it doesn't include enough details, the company told a Washington federal court.
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December 03, 2025
9th Circ. Asked To Reconsider Idaho Land Swap Decision
The U.S. Department of the Interior and J.R. Simplot Co. are asking the Ninth Circuit to reconsider a decision to invalidate an Idaho land transfer for the expansion of a phosphogypsum plant, arguing that the panel's conclusion flouts Supreme Court precedent and defies federal land management policy's text and central aim.
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December 02, 2025
5th Circ. Skeptical Of NLRB Dinging Starbucks For Subpoenas
A Fifth Circuit panel seemed skeptical of the National Labor Relations Board's claim that it can slap Starbucks Corp. with a labor law violation after it allegedly sent overbroad subpoenas to pro-union employees, saying Tuesday it seemed like the board created a "liability trap."
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December 02, 2025
'Mailbox Rule' Can't Deliver Win For Marshalls, 9th Circ. Told
A former Marshalls worker told the Ninth Circuit on Tuesday that a district judge wrongly relied on the "mailbox rule" to send his employment suit to arbitration because Marshalls had mailed him an arbitration agreement, saying he never received it and California law requires that he actively agree to the deal.
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December 02, 2025
CR Bard's Faulty Blood Filter Killed Wash. Woman, Suit Says
The family of a woman allegedly killed by a faulty blood filter implant accused device maker C.R. Bard Inc. in Washington federal court Monday of taking dangerous shortcuts as it rushed its line of products to market.
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December 02, 2025
9th Circ. Judges Doubt EPA's Pesticide Ban Review Timeline
Ninth Circuit judges suggested during a hearing Tuesday that a petition by green groups to force the U.S. Environmental Protection Agency to take action on banning organophosphate pesticides may be premature, but each panel judge also expressed concerns the EPA lacks a clear timeline on banning pesticides found harmful.
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December 02, 2025
Boeing Faces New Passenger Suits Over 737 Blowout
The Boeing Co. has been hit with a pair of fresh lawsuits in Washington state court by two California couples who say they were traumatized when a panel blew off a 737 Max jet during a January 2024 Alaska Airlines flight over the West Coast, which triggered an "explosive and violent decompression of the aircraft cabin."
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December 02, 2025
Judge Blocks Planned Parenthood Funding Cut In 22 States
A Massachusetts federal judge Tuesday stopped the Trump administration from halting Medicaid reimbursements to Planned Parenthood clinics in 22 states, ruling the funding cutoff likely violated requirements to warn the states ahead of time about the change.
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December 02, 2025
9th Circ. Mulls Pharma Exec's Use Of Forced Arbitration Law
A California biopharmaceutical company told the Ninth Circuit on Tuesday that a district court erred in letting its former chief financial officer move her discrimination claims out of arbitration and into federal court, saying she arbitrated too long before invoking the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act.
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December 02, 2025
5th Circ. Weighs If Ex-Starbucks CEO Made Anti-Union Threat
A Fifth Circuit panel pressed Starbucks Corp. to explain how former CEO Howard Schultz's comments telling a pro-union employee they could find another job did not run afoul of labor law, saying Tuesday the comments could be seen as threatening retaliation.
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December 02, 2025
9th Circ. Pauses Cannabis Dormant Commerce Clause Case
The Ninth Circuit Court of Appeals on Tuesday stayed proceedings in a constitutional challenge to Los Angeles' cannabis social equity program while the appellate court considers two other similar cases from the same litigant.
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December 02, 2025
Microsoft Touted Inclusion, Then Fired Blind Worker, Suit Says
Microsoft Corp. held up a blind employee as an example of its commitment to inclusive hiring, then canned his accessibility project for people with vision issues and laid him off, according to a recent suit in Washington state court accusing the company of illegal discrimination.
Expert Analysis
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Reviewing Trump Admin's Rapid Pro-Crypto Regulatory Pivot
The digital asset industry has received a boost from the explicitly pro-crypto Trump administration, which in its first few months reversed Biden-era rules and installed industry proponents at regulatory agencies, marking one of the biggest regulatory about-faces by a government in recent memory, says Robert Appleton at Olshan Frome.
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Cos. Face Enviro Justice Tug-Of-War Between States, Feds
The second Trump administration's sweeping elimination of environmental justice policies, programs and funding, and targeting of state-level EJ initiatives, creates difficult questions for companies on how best to avoid friction with federal policy, navigate state compliance obligations and maintain important stakeholder relationships with communities, say attorneys at Arnold & Porter.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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A Closer Look At Amendments To Virginia Noncompete Ban
Recently passed amendments in Virignia will prohibit noncompetes for all employees who are eligible for overtime pay under federal law, and though the changes could simplify employers’ analyses as to restrictive covenant enforceability, it may require them to reassess and potentially adjust their use of noncompetes with some workers, say attorneys at McGuireWoods.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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Series
Adapting To Private Practice: From DOJ Enviro To Mid-Law
Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.
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Legal Ethics Considerations For Law Firm Pro Bono Deals
If a law firm enters into a pro bono deal with the Trump administration in exchange for avoiding or removing an executive order, it has an ethical obligation to create a written settlement agreement with specific terms, which would mitigate some potential conflict of interest problems, says Andrew Altschul at Buchanan Angeli.
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Series
Playing Football Made Me A Better Lawyer
While my football career ended over 15 years ago, the lessons the sport taught me about grit, accountability and resilience have stayed with me and will continue to help me succeed as an attorney, says Bert McBride at Trenam.
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10 Arbitrations And A 5th Circ. Ruling Flag Arb. Clause Risks
The ongoing arbitral saga of Sullivan v. Feldman, which has engendered proceedings before 10 different arbitrators in Texas and Louisiana along with last month's Fifth Circuit opinion, showcases both the risks and limitations of arbitration clauses in retainer agreements for resolving attorney-client disputes, says Christopher Blazejewski at Sherin and Lodgen.
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How Trump Energy Order May Challenge State Climate Efforts
Even if the Trump administration's recent executive order targeting state and local environmental, climate and clean energy laws, regulations and programs doesn't result in successful legal challenges to state authority, the order could discourage state legislatures from taking further climate action, say attorneys at Foley Hoag.
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Notable Q1 Updates In Insurance Class Actions
The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.
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Series
Power To The Paralegals: The Value Of Unified State Licensing
Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.