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October 27, 2025
Delta, Aeromexico Ask 11th Circ. To Halt Feds' JV Split Order
Delta Air Lines and Aeromexico have asked the Eleventh Circuit to freeze a Trump administration order directing them to scuttle their joint venture by Jan. 1, saying their legal challenge should first run its course and that unwinding their complex networks would be "tremendously burdensome."
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October 27, 2025
5th Circ. Presses Texas County Over Redistricting Plan
A Fifth Circuit panel pushed a Texas county to explain how a politician's comment that Black people tend to vote for Democrats should weigh on whether a redistricting plan disenfranchises minority voters, asking Monday whether the county acknowledges that race played a factor in the redistricting.
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October 27, 2025
Mich. Panel Orders House To Send Stalled Bills To Governor
The Michigan House of Representatives must deliver nine passed bills that it has held onto for 10 months to Gov. Gretchen Whitmer for her consideration, a Michigan Court of Appeals panel ruled Monday.
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October 27, 2025
Wash. AG Tells 9th Circ. Seattle DEI Policies Protect Workers
The Washington state attorney general joined several voices urging the Ninth Circuit to back Seattle's defeat of a white former employee's lawsuit challenging the city's diversity, equity and inclusion programs, arguing that thoughtful diversity initiatives "uplift," rather than violate, the law.
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October 27, 2025
10th Circ. Upholds Wyoming's Hemp Restrictions
The Tenth Circuit on Monday said a Wyoming law regulating hemp-derived intoxicating products was not unconstitutional or preempted by federal law, preserving the state's strict policies reining in wares containing synthetic or delta-8 THC.
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October 27, 2025
Trump Asks Justices To Stay Copyright Chief's Reinstatement
The Trump administration asked the U.S. Supreme Court on Monday to stay a D.C. Circuit ruling that reinstated the fired leader of the U.S. Copyright Office while she challenges her removal, arguing that allowing a terminated official to remain in place causes irreparable harm to the president's authority.
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October 27, 2025
6th Circ. Judges Question FINRA's 'Voluntary' Membership
Sixth Circuit judges probed the effect聽on private securities regulators聽of a U.S. Supreme Court decision聽limiting the U.S. Securities and Exchange Commission's use of in-house courts聽Monday, though a procedural issue may thwart the appeal.聽聽
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October 27, 2025
9th Circ. OKs Gun Ban For Suspect Who Brought Gun To Court
The Ninth Circuit on Monday revived the indictment of a man who brought a loaded handgun into an Idaho state court, finding that a no-contact order banning him from possessing a firearm does not violate his Second Amendment rights.
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October 27, 2025
Fed. Circ. Won't Revive Heart Valve IP Suit Against Edwards
Edwards Lifesciences won't have to face infringement litigation from Aortic Innovations over heart valve transplant technology, the Federal Circuit affirmed Monday.
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October 27, 2025
7th Circ. Mulls Standing In BIPA Suit Against Schwab Vendor
Two Seventh Circuit judges on Monday grilled an attorney for a proposed class of Illinois residents seeking to hold a voiceprint authenticator used by Charles Schwab liable under a biometrics privacy law, questioning how they were injured and whether they have standing if the data was collected on behalf of an institution exempt from the law's requirements.
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October 27, 2025
3rd Circ. Skeptical That Union Prez's Case Took Too Long
A Third Circuit panel seemed skeptical Monday that a former union leader convicted of embezzlement was denied a speedy trial by being tried alongside ex-International Brotherhood of Electrical Workers business manager John Dougherty, who was sent to jail in a sprawling corruption case.
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October 27, 2025
Native Activist Urges 10th Circ. To Deny Gov't Rehearing Bid
A Muscogee (Creek) Nation member is asking the Tenth Circuit to deny a full-panel rehearing bid by the federal government that looks to undo the appellate court's decision to overturn his simple assault conviction, arguing that prosecutors cannot get past exceptions to the Major Crimes Act.
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October 27, 2025
Grand Rapids Airport Fights PFAS Suit Split In 6th Circ.
An airport authority for Grand Rapids, Michigan, has urged聽the Sixth Circuit to undo a ruling separating its third-party claims against firefighting foam manufacturers from the state's environmental contamination lawsuit against the local agency, arguing the federal government's requirements for the airport to use certain foam should keep the entire case together in federal court.
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October 27, 2025
FERC Defends OK Of Grid Operator's Project Hookup Study
The Federal Energy Regulatory Commission has told the Fifth Circuit that Louisiana and Mississippi utility regulators have no grounds to challenge its approval of a regional grid operator's cap on electricity generation projects evaluated as part of its interconnection process.
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October 27, 2025
Who Watches The Watchers? Conn. Justices Mull Court Bias
A聽Connecticut Supreme Court justice said Monday that if the state's human rights watchdog cannot address claims of racial discrimination in attorney licensing, then there is "no oversight" when bias infects the process.
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October 27, 2025
Estate Agrees To Settlement In $50M Solar Co. Tax Row
The estate of a former business associate of solar company owners caught in a $50 million tax fraud agreed to settle with a receiver appointed to collect company assets, according to a Utah federal court order, bringing the yearslong collection effort spanning dozens of settlements closer to an end.
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October 27, 2025
Ga. Panel Urged Not To 'Bend Over Backwards' For Judge
Georgia ethics prosecutors told a state judicial watchdog on Monday to press ahead with removal of a probate judge from the bench over allegations of yearslong case delays, urging a hearing panel not to "bend over backwards" to keep him in office under something akin to judicial probation.
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October 27, 2025
Cannabis Cos. Seek Supreme Court Review Of Federal Ban
A group of cannabis interests challenging the federal marijuana ban are urging the U.S. Supreme Court to reconsider a 20-year-old precedent on cannabis policy.
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October 27, 2025
Fed. Circ. Backs PTAB Wiping Out Roof Report Patent
The Federal Circuit on Monday said it won't revive a patent covering a system for identifying attributes in a roof by using aerial imagery, backing the Patent Trial and Appeal Board's opinion that all of the claims were invalid as obvious.
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October 27, 2025
Retention Races For Pa. Justices Turn Into $8M Political Clash
Pennsylvania voters hoping for a quiet off-year election following last year's contentious presidential race have found themselves being targeted by millions of dollars worth of ads this fall over whether to give three Democratic members of the state's Supreme Court fresh 10-year terms on the bench.
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October 27, 2025
Immigration Board Limits Judges In Withholding-Only Cases
The Board of Immigration Appeals has issued a decision holding that immigration judges are barred from using their discretion in withholding-only proceedings to terminate those cases.
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October 27, 2025
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court and Delaware Supreme Court saw another busy week of disputes spanning biotech milestones, reincorporation showdowns, shareholder voting schemes and cryptocurrency fiduciary rights.
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October 27, 2025
Marketing Co. Escapes 401(k) Forfeiture Suit, For Now
A New York federal court nixed a proposed class action against a marketing company from two ex-workers who said 401(k) plan forfeitures were misspent, holding that allegations of fiduciary breach and prohibited transactions failed to state a claim for violating federal benefits law.
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October 24, 2025
Judiciary Panel Eyes Rules For Class Cert., Litigation Funding
Federal judiciary advisers set the stage Friday for new and far-reaching rules involving two sets of highly contentious topics: long-simmering demands for greater transparency in third-party litigation funding and calls for closer scrutiny of class action issues, including payouts to class counsel, certification standards and financial perks for plaintiffs.
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October 24, 2025
Inventors Explore Funding, Celebrate Stewart And Newman
Suspended Federal Circuit Judge Pauline Newman and deputy U.S. Patent and Trademark Office Director Coke Morgan Stewart provided encouragement to members of US Inventor Friday as the inventors heard each other's stories, learned the logistics of protecting or losing their patents, and gained tips on financing their litigation.聽
Expert Analysis
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Justices' Age Verification Ruling May Lead To More State Laws
The U.S. Supreme Court鈥檚 recent Free Speech Coalition v. Paxton ruling, permitting a Texas law requiring certain websites to verify users鈥 ages, significantly expands states' ability to regulate minors鈥 social media access, further complicating the patchwork of internet privacy laws, say attorneys at Troutman.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information 鈥 as opposed to considerations of privilege 鈥 courts have generally limited a party鈥檚 ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable 鈥 but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Reel Justice: 'Oh, Hi!' Teaches Attys To Return To The Statute
The new dark comedy film 鈥淥h, Hi!鈥 鈥 depicting a romantic vacation that turns into an inadvertent kidnapping 鈥 should remind criminal practitioners to always reread the statute to avoid assumptions, meet their ethical duties and finesse their trial strategy, says Veronica Finkelstein at Wilmington University School of Law.
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Patent Ambiguity Persists After Justices Nix Eligibility Appeal
The Supreme Court recently declined to revisit the contentious framework governing patent eligibility by denying certiorari in Audio Evolution Diagnostics v. U.S., suggesting a necessary recalibration of both patent application and litigation strategies, say attorneys at Skadden.
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Justices' Decision Axing Retiree's ADA Claim Offers Clarity
The U.S. Supreme Court's holding in Stanley v. City of Sanford that protections under Title I of the Americans with Disabilities Act don't extend to retirees potentially limits liability by giving employers additional support to challenge complaints, and highlights the need for proactive policy management to mitigate risk, say attorneys at Jackson Lewis.
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Fed. Circ. In June: Transitional Phrases In Patent Claims
The Federal Circuit's recent decision in Eye Therapies v. Slayback Pharma takes on the rarely addressed topic of transitional phrases in patent claims, providing some useful lessons regarding restating claim language and broadly distinguishing prior art, say attorneys at Knobbe Martens.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I鈥檝e learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O鈥橞yrne at MoFo.
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What To Do When Congress And DOJ Both Come Knocking
As recently seen in the news, clients may find themselves facing parallel U.S. Department of Justice and congressional investigations, requiring a comprehensive response that considers the different challenges posed by each, say attorneys at Friedman Kaplan.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice 鈥 but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.
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Eye Drop Ruling Clarifies Importance Of Patent Phrasing
The Federal Circuit's recent ruling in Eye Therapies v. Slayback, rejecting the Patent Trial and Appeal Board's interpretation of "consisting essentially of," highlights the importance of using clear and consistent terms throughout a patent's filing history to shield it against future challenges, says Liliana Di Nola-Baron at Panitch Schwarze.
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Midyear Rewind: How Courts Are Reshaping VPPA Standards
The first half of 2025 saw a series of cases interpreting the Video Privacy Protection Act as applied to website tracking technologies, including three appellate rulings deepening circuit splits on what qualifies as personally identifiable information and who qualifies as a consumer under the statute, say attorneys at Perkins Coie.
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How Justices' Ruling On NEPA Reviews Is Playing Out
Since the U.S. Supreme Court's May decision in Seven County Infrastructure Coalition v. Eagle County, narrowing the scope of agencies' required reviews under the National Environmental Policy Act, the effects of the ruling are starting to become visible in the actions of lower courts and the agencies themselves, say attorneys at Saul Ewing.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there鈥檚 no single answer 鈥 just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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Reverse Bias Rulings Offer Warning About DEI Quotas
Several recent holdings confirm that targeted or quota-based diversity programs can substantiate reverse discrimination claims, especially when coupled with an adverse action, so employers should exercise caution before implementing such policies in order to mitigate litigation risk, says Noah Bunzl at Tarter Krinsky.