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Appellate
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August 12, 2025
4th Circ. Affirms Toss Of Last Claim In CSX Flooding Suit
The Fourth Circuit affirmed summary judgment Tuesday聽to CSX Transportation Inc.聽on a remaining breach of contract claim in a suit by residents and businesses of Lumberton, North Carolina, who claim CSX wrongly prevented the city from sandbagging its railroad route to prevent flooding during storms in 2016 and 2018.
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August 12, 2025
NJ Appeals Court Clarifies Ghost Gun Law, Affirms Sentence
A New Jersey state appeals court found in a matter of first impression that a man who bought ghost gun kits in Pennsylvania, where they are legal, could be charged when he brought the non-serialized, unlicensed weapons back to his Garden State home, affirming his three-year sentence.
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August 12, 2025
Feds Say High Court Case Supports Discord Trader Indictment
Federal prosecutors and a group of men accused of running a $114 million pump-and-dump stock scheme over Discord have made their case for whether a recent U.S. Supreme Court decision means a judge was correct in tossing a 21-count indictment against the men.
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August 12, 2025
4th Circ. Lifts Block On DOGE's Data Access At 3 Agencies
A split Fourth Circuit panel vacated a block Tuesday on the Department of Government Efficiency's access to personal information held by three federal agencies, prescribing an exacting appraisal of the challenging unions' chances of winning all aspects of the case.
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August 12, 2025
Fed. Circ. Won't Revive Real Estate Co.'s IRS Contract Dispute
A real estate company failed to show that the Internal Revenue Service improperly blocked its bid to continue leasing office space to the agency after agency employees complained about the building, the Federal Circuit said Tuesday, affirming a Court of Federal Claims ruling.
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August 12, 2025
11th Circ. Suggests 'Bad Drafting' Led NCR To Benefit Liability
The Eleventh Circuit signaled Tuesday that it will likely uphold an early win by former executives of a Georgia e-commerce company who said they were short-changed in payouts from a "top hat" benefits plan, telling the company it couldn't escape the "bad drafting" of its contract.
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August 12, 2025
Teamsters Fund Fights Debt Recalculation Order At 7th Circ.
The Seventh Circuit should overturn an Illinois federal judge's order for a Teamsters pension fund to recalculate a concrete company's debt, the fund argued, saying the fund's original finding that the company owed roughly $23 million was correct.
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August 12, 2025
Groups Urge IRS To Resist Pressure To Share Taxpayer Info
Advocacy groups urged the Internal Revenue Service on Tuesday to keep resisting presidential pressure to share confidential tax-return information with immigration enforcement authorities, saying the abrupt departure of the agency's new commissioner highlights the need for oversight.
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August 12, 2025
Trump Nominates 5 To Mississippi, Alabama Federal Courts
President Donald Trump announced on Tuesday five judicial nominees for federal courts in Mississippi and Alabama, one of whom Trump tried to put on the bench in his first term.
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August 12, 2025
Fed. Circ. Rejects Another Fannie, Freddie Investor Suit
The Federal Circuit on Tuesday threw out a lawsuit accusing the federal government of profiting off Fannie Mae and Freddie Mac to other shareholders' detriment, saying the case was seeking to rehash arguments the court rejected three years ago.
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August 12, 2025
2nd Circ. Rules Dormant Commerce Clause Covers Marijuana
A split Second Circuit panel on Tuesday ruled that, despite marijuana's federal illegality, the U.S. Constitution prohibits states from privileging their own residents when awarding licenses to cannabis businesses.
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August 12, 2025
Ohio Court Orders Resentencing Over Disclosure Failures
An Ohio state appeals court has ruled that a man given an indefinite sentence for a series of assaults must be resentenced after a trial court failed to adequately inform him about his sentence when it was handed down.
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August 12, 2025
Rising Star: Jones Day's Brinton Lucas
Brinton Lucas of Jones Day successfully challenged a U.S. Securities and Exchange Commission rule requiring public companies to describe their reasoning behind stock buybacks, earning him a spot among the appellate law practitioners under age 40 honored by Law360 as Rising Stars.
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August 12, 2025
DOJ Demurs On Lawsuit Seeking Emil Bove Docs
The U.S. Department of Justice is contesting a watchdog's lawsuit seeking to obtain public records requests on now-Third Circuit Judge Emil Bove, who was formerly President Donald Trump's criminal attorney and a top DOJ official.
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August 12, 2025
Insurer Pushes 11th Circ. To Avoid Malpractice Coverage
An insurance company has told the Eleventh Circuit it should not have to foot the bill to defend its client against a federal malpractice suit in Atlanta, arguing its policy contains a carveout for claims involving "conversion, improper comingling, or misappropriation," and asking the appellate court to review an earlier dismissal de novo.
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August 12, 2025
11th Circ. Wary Of Individual Arbitration Push In ESOP Fight
The Eleventh Circuit on Tuesday appeared unlikely to force individual arbitration of a federal benefits lawsuit alleging that a legal technology company's employee stock ownership plan shares were undervalued in a plan termination, with multiple judges questioning the validity of an arbitration provision in ESOP plan documents.
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August 12, 2025
6th Circ. Says Officials' Cabin Search Violated 4th Amendment
The Sixth Circuit on Monday upheld a lower court's decision denying qualified immunity to Michigan officials who entered a family's property without a warrant or permission, ruling the mini cabins they inspected were protected as homes under the Fourth Amendment and the search was unreasonable.
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August 11, 2025
5th Circ. Backs Mexican Banks' Subpoena For Fraud Case
The Fifth Circuit on Monday refused to revive a Mexican businessman's motion to quash a subpoena stemming from major Mexican financial institutions' efforts to obtain discovery as they pursue claims that the businessman absconded with $32 million in loans, saying it detected "no error" in a lower court's denial.
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August 11, 2025
9th Circ. Affirms SEC Win In Life Insurance Investment Row
The Ninth Circuit ruled in a published opinion Monday that fractional interests in life settlements are investment contracts and thus securities, backing the U.S. Securities and Exchange Commission's win against Pacific West Capital Group agents, who the SEC alleged sold unregistered securities and didn't properly register as broker-dealers.
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August 11, 2025
2nd Circ. Revives Hezbollah Terrorism Suit Against Bank
The Second Circuit held Monday that a Lebanese bank is subject to the personal jurisdiction of New York courts on claims over its predecessor's alleged assistance to Hezbollah, citing the state highest court's certified answer in the case while also reasoning that the bank being subjected to the state's jurisdiction was foreseeable.
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August 11, 2025
11th Circ. Nixes Ineffective-Counsel Claim In Salmonella Case
Peanut Corp. of America's former president and a food broker convicted for their roles in a salmonella outbreak that killed nine people and sickened more than 700 cannot throw out their prison sentences, the Eleventh Circuit ruled Monday, rejecting their assertion of ineffective counsel.
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August 11, 2025
Ohio Justice's Suit Over Partisan Label Rule Moves Forward
Ohio Supreme Court Justice Jennifer Brunner's challenge to a state law requiring judicial candidates to list their political party affiliations on general election ballots will go on after聽a聽federal judge ruled the justice聽sufficiently alleged that her First Amendment rights were violated.
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August 11, 2025
11th Circ. Rejects Speedy Trial Claim In MetroPCS Robberies
The Eleventh Circuit will not overturn the conviction of a man arrested in a string of MetroPCS store robberies in Miami, saying that even though the government may have violated the Speedy Trial Act, the man missed the window to challenge the charges.
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August 11, 2025
Justices Told USAA's $218M Win Threatened By Inconsistency
The Federal Circuit's decision to let the Patent Trial and Appeal Board invalidate patents at the heart of the United Services Automobile Association's recently reversed $218 million infringement verdict against PNC Bank, endorsed allowing government agencies to issue contradictory rulings without explaining themselves, USAA has told the U.S. Supreme Court.
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August 11, 2025
2nd Circ. Revives Ex-Fed Worker's COVID Vax Exemption Suit
The Second Circuit has revived a former employee's claims against the Federal Reserve Bank of New York over its COVID-19 vaccination requirement, saying Monday there was a disputed issue of fact over whether the executive assistant had a genuine religious objection.
Expert Analysis
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Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs
In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.
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Shareholder Takeaways From NY Internal Affairs Doctrine Suit
A May New York Court of Appeals decision in Ezrasons v. Rudd involving Barclays 鈥 affirming the state's "firmly entrenched" internal affairs doctrine 鈥 is a win for all corporate stakeholders seeking stability in resolving disputes between shareholders and directors and officers, say attorneys at Sadis & Goldberg.
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Move Beyond Surface-Level Edits To Master Legal Writing
Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn鈥檛 just about superficial details like grammar 鈥 it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.
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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 鈥 involving wire fraud, gratuities and obstruction 鈥 offer wide-ranging and arguably conflicting takeaways for government contractors that are especially relevant given the Trump administration鈥檚 focus on diversity, equity and inclusion initiatives, say attorneys at Rogers Joseph.
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NCAA Settlement Kicks Off New Era For Student-Athlete NIL
A landmark settlement stemming from 15 years of litigation between schools and the NCAA reflects a major development in college athletics by securing compensation for usage of student-athletes' names, images and likenesses, and schools hoping to take advantage of new opportunities should take proactive steps to comply with new rules, say attorneys at Manatt.
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7th Circ. Insurance Ruling Resolves Major Jurisdictional Issue
The Seventh Circuit recently confirmed in StarStone Insurance v. Chicago that attorney fees and costs paid as part of a settlement are covered 鈥 while unexpectedly raising and answering a question of first impression about federal jurisdiction over foreign entities, says Lara Langeneckert at Barnes & Thornburg.
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DOJ May Rethink Banning Firearms For Marijuana Users
In light of various federal circuit court decisions and an executive order from President Donald Trump, U.S. Department of Justice enforcement policy now may be on the verge of changing decidedly in favor of marijuana users' gun rights, and could foreshadow additional marijuana-friendly reforms, says Jacob Raver at Dentons.
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EDNY Ruling May Limit Some FARA Conspiracy Charges
Though the Eastern District of New York鈥檚 recent U.S. v. Sun decision upheld Foreign Agents Registration Act charges against a former aide to New York Gov. Kathy Hochul, its recognition of an affirmative legislative policy to exempt some officials may help defendants charged with related conspiracies, say attorneys at ArentFox Schiff.
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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 鈥 making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.
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Fla. Workers' Comp Ruling Ups Bar For Emotional Injury Suits
A Florida appellate court鈥檚 recent opinion in Steak 'N Shake v. Spears requires that employees solely claiming emotional distress seek workers鈥 compensation before suing their employers, closing a potential loophole and reducing the potential proliferation of such disputes in Florida courts, says Rob Rogers at Kirwin Norris.
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Contract Disputes Recap: Spearin, Overpayments, Jurisdiction
Edward Arnold at Seyfarth examines three recent decisions addressing the limits of the Spearin doctrine in design-build contracts, the government's ability to recoup overpayments after a termination for convenience, and the Contract Disputes Act's strict and nonwaivable jurisdictional rules.
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What Calif. Appeals Split Means For Litigating PAGA Claims
After two recent California state appeals court rulings diverged on whether a former employee with untimely individual claims under the Private Attorneys General Act can maintain a representative action, practitioners' strategic agility will be key to managing risk and achieving favorable outcomes in PAGA litigation, say attorneys at Buchalter.
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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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NY Case Shows How LLC Agreements Can Be Amended
The New York Court of Appeals in Behler v. Tao recently held that a merger clause contained in an amended limited liability company agreement superseded and extinguished an alleged oral agreement between the parties, highlighting the importance of determining early how and when an LLC agreement may be amended, says Kerrin Klein at Olshan Frome.
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If Justices Accept, Maxwell Case May Clarify Meaning Of 'US'
If the U.S. Supreme Court agrees to take up Ghislaine Maxwell鈥檚 appeal, it could clarify the meaning of 鈥淯nited States鈥 in the context of plea agreements, and a plain language interpretation of the term would offer criminal defendants fairness and finality, say attorneys at Kudman Trachten.