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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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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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Justices Rethink Minimum Contacts For Foreign Entities
Two recent U.S. Supreme Court decisions, Devas v. Antrix and Fuld v. Palestine Liberation Organization, suggest that federal statutes may confer personal jurisdiction over foreign entities that have little to no contact with the U.S. — a significant departure from traditional due process principles, says Gary Shaw at Pillsbury.
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Gauging The Risky Business Of Business Risk Disclosures
With the recent rise of securities fraud actions based on external events — like a data breach or environmental disaster — that drive down stock prices, risk disclosures have become more of a sword for the plaintiffs bar than a shield for public companies, now the subject of a growing circuit split, say attorneys at A&O Shearman.
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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Birthright Opinions Reveal Views On Rule 23(b)(2) Relief
The justices' multiple opinions in the U.S. Supreme Court’s June 27 decision in the birthright citizenship case, Trump v. CASA, shed light on whether Rule 23(b)(2) could fill the void created by the court's decision to restrict nationwide injunctions, says Benjamin Johns at Shub Johns.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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Plan For Increased HSR Info Sharing With Wash. Antitrust Law
Washington's merger notification requirements, effective later this month, combined with the Federal Trade Commission's new Hart-Scott-Rodino Act rules, will result in greater information sharing among state and federal agencies, making it important for merging parties to consider their transaction's potential state antitrust implications early on, say attorneys at McDermott.
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How High Court Ruling Can Aid Judgment Enforcement In US
In CC/Devas (Mauritius) v. Antrix, a unanimous U.S. Supreme Court recently ruled that only two steps are required to keep a foreign sovereign in federal court, making it a little easier for investors to successfully bring foreign states and sovereign-owned and -controlled entities into U.S. courts, says Kristie Blase at Felicello Law.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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One Year On, Davidson Holds Lessons On 'Health Halo' Claims
A year after the Ninth Circuit's Davidson v. Sprout Foods decision — which raised the bar for so-called health halo claims — food and beverage companies can draw insights from its finding, subsequently expanded on by other courts, that plaintiffs must be specific when alleging fraud in healthfulness marketing, say attorneys at Sidley.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.