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Appellate

  • July 14, 2025

    Mass. High Court Reverses Gun Conviction Over Birth Date

    A man sentenced to 18 months in prison for carrying a firearm and ammunition without a license had his convictions reversed by Massachusetts' highest court because the state failed to adequately prove its records search targeted the right person.

  • July 14, 2025

    6th Circ. Nom Is 1st Senate Confirmation Of Trump's 2nd Term

    The Senate voted 46-42 on Monday evening to confirm Whitney Hermandorfer, director of the Office of the Tennessee Attorney General's Strategic Litigation Unit, to the Sixth Circuit, making her the first judicial confirmation of the second Trump administration.

  • July 14, 2025

    DC Circ. Says Biden DOL Didn't Improperly Issue H-2A Rule

    The D.C. Circuit has said the Biden administration did not flout notice and comment rulemaking procedures when it issued a rule in 2022 revising the H-2A visa worker program because it pulled the Trump administration's 2021 version of the rule before it became final.

  • July 14, 2025

    Deportation Before Due Process? Mass. Justices To Decide

    A Haitian man charged with sexual assault in Massachusetts hopes to be deported home instead of facing a trial, an unusual case where the state's highest court is expected to decide whether judges can use bail to keep a person in state custody out of immigration proceedings.

  • July 14, 2025

    4th Circ. Says Va. County Isn't Responsible For Damaged Pipe

    The Fourth Circuit sided with Virginia's Isle of Wight County on Monday against a takings suit filed by local homeowners who alleged that the county had to pay for a damaged underground stormwater drainage pipe and the erosion it caused to nearby land.

  • July 14, 2025

    9th Circ. Keeps Alive Part Of Prof's DEI Free Speech Fight

    A California professor can continue to sue his community college district over its enforcement of certain state regulations proscribing diversity and inclusion practices because they press on his free speech rights, the Ninth Circuit said, but stopped short of reviving the entire lawsuit.

  • July 14, 2025

    Tulsa Sheriff, DA Seek Pause In Tribal Jurisdiction Dispute

    Tulsa County, Oklahoma, Sheriff Vic Regalado and District Attorney Steve Kunzweiler on Friday asked a federal judge to pause the Muscogee (Creek) Nation's lawsuit seeking to prevent the state from asserting criminal jurisdiction on its reservation until the U.S. Supreme Court reviews a similar case.

  • July 14, 2025

    Ga. County Wants 11th Circ. To Nix Trans Deputy's Health Win

    A Georgia county urged the Eleventh Circuit to reverse a transgender sheriff's deputy's trial court win on claims that denying coverage for a vaginoplasty constituted discrimination in violation of Title VII, arguing the U.S. Supreme Court's recent decision upholding a Tennessee state ban on gender-affirming care for minors supported its appeal.

  • July 14, 2025

    Privilege Issue Snarls Free-Speech Trial Over Deportations

    A Massachusetts federal bench trial in a suit by academic groups accusing the Trump administration of targeting for deportation noncitizens who express support for Palestinians was on hold Monday while the First Circuit considers whether certain government materials are privileged, including some that have already been discussed in open court.

  • July 14, 2025

    Microsoft, OpenAI Ask 9th Circ. To Toss Coders' DMCA Claims

    Microsoft and OpenAI have asked the Ninth Circuit to affirm the dismissal of a suit brought by coders who claim that the companies' large language models spit out code almost identical to code they wrote, saying the coders have only alleged hypothetical injuries.

  • July 14, 2025

    5th Circ. Upholds Law Banning Strip Club Workers Under Age 21

    The Fifth Circuit on Monday said that a Texas law barring people under 21 from working at strip clubs and other adult businesses passes a First Amendment test, saying Monday the law helps prevent sexual trafficking and furthers a significant government interest.

  • July 14, 2025

    Fed. Circ. Upholds PTAB Ax Of J&J Unit's Catheter Patent

    The Federal Circuit on Monday upheld the Patent Trial and Appeal Board's invalidation of a Johnson & Johnson unit's patent on a device for clearing blocked arteries, saying an Abbott Laboratories unit's challenge was not improperly based on what the patent admitted was an earlier invention.

  • July 14, 2025

    Fla. Says High Court Rulings Back Trans Care Medicaid Ban

    Florida told the Eleventh Circuit that recent U.S. Supreme Court rulings affirm the legality of a state law banning Medicaid payments for gender-affirming medical care, arguing its restrictions mirror a similar Tennessee law upheld by the justices because it centers on gender dysphoria diagnoses, not one's sex.

  • July 14, 2025

    2nd Circ. Affirms Biotech Founder's Win In Trading Suit

    The Second Circuit on Monday affirmed an early win for the founder of biotech Y-mAbs Therapeutics Inc. in a suit alleging he realized more than $2.5 million in short-swing profits after he exchanged his shares for those of another company, agreeing with the lower court that the move didn't constitute a "purchase."

  • July 14, 2025

    11th. Circ. Rules Ga. Strip Search Was Illegal, Nixes Immunity

    A full Eleventh Circuit ruled that Georgia Department of Corrections officers are not entitled to immunity in the case of a woman who was strip-searched while visiting her husband in prison, saying the search was unreasonable and violated her Fourth Amendment rights.

  • July 14, 2025

    5th Circ. Revives Suit Accusing UT Of Race-Based Admissions

    A Fifth Circuit panel partially revived a lawsuit accusing the University of Texas at Austin of continuing to consider race in admissions decisions despite the U.S. Supreme Court's 2023 decision ending affirmative action programs.

  • July 14, 2025

    Tevra Asks 9th Circ. To Revive Bayer Flea, Tick Meds Suit

    Tevra Brands LLC called on the Ninth Circuit to order a new trial after it said a lower court made several errors that prevented it from showing a jury that Bayer HealthCare LLC used exclusive contracts to lock up the market for a flea and tick treatment for dogs and cats.

  • July 14, 2025

    Ga. Judge Calls Atty 'Unworthy Of Belief' As Ethics Case Ends

    A Georgia superior court judge facing ethics charges on Monday urged the state's judicial watchdog to either privately reprimand or suspend her for no more than 30 days if it decides punishment is needed in the case brought against her by the state's Judicial Qualifications Commission. 

  • July 14, 2025

    TV Reporter Fights Town's Appeal After Broken Leg Trial Win

    A television reporter whose leg was broken when he was allegedly hit by a public power employee's truck in the parking lot of a town hall has urged North Carolina's highest court to uphold a jury verdict finding that his injury was a result of the town worker's negligence.

  • July 14, 2025

    11th Circ. Won't Reexamine Sentence Of Convicted Fla. Atty

    The Eleventh Circuit has rejected a Florida lawyer's request to reconsider her 75-month prison sentence for a COVID-19 loan fraud scheme.

  • July 14, 2025

    Mich. Justices Say GOP Can Challege Poll Worker Imbalance

    The Michigan Republican Party can sue to enforce a rule about the political makeup of poll workers, the Michigan Supreme Court said Monday, reversing a lower court's ruling.

  • July 14, 2025

    Supreme Court Clears Way For Education Dept. Layoffs

    The U.S. Supreme Court on Monday lifted a Massachusetts federal judge's order halting massive job cuts at the U.S. Department of Education, allowing the Trump administration to move forward with firing nearly 1,400 employees.

  • July 14, 2025

    End Of NJ Municipal Court Official's Harassment Suit Upheld

    A former New Jersey municipal court administrator cannot sue the state Administrative Office of the Courts in a sexual harassment case because she was never an employee of the office, the state Appellate Division said Monday in a published opinion.

  • July 14, 2025

    Ex-NFL Player Asks 5th Circ. To Keep $1.86M Fee Award Intact

    The National Football League's retirement plan had a chance to appeal a $1.86 million award of attorney fees to former running back Michael Cloud three years ago in his disability benefits suit, but it chose not to do so, Cloud told the Fifth Circuit in his pushback against the plan's latest appeal.

  • July 14, 2025

    Calif. Panel Keeps Charter PAGA Case Out Of Arbitration

    Charter Communications can't arbitrate an employee's Private Attorneys General Act suit because parts of the arbitration agreement are "unconscionable," a California appeals panel ruled, relying on the state Supreme Court's decisions addressing the same pact.

Expert Analysis

  • Series

    Playing Guitar Makes Me A Better Lawyer

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    Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.

  • Crisis Management Lessons From The Parenting Playbook

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    The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.

  • High Court's Ruling May Not Stop Ghost Gun Makers

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    In Bondi v. VanDerStok, a majority of the U.S. Supreme Court ruled that the Gun Control Act applies to untraceable "ghost gun" kits under certain circumstances — but companies that produce these kits may still be able to use creative regulatory workarounds to evade government oversight, says Samuel Bassett at Minton Bassett.

  • Justices' Labcorp Questions Explore Class Cert. Tensions

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    At the recent oral argument before the U.S. Supreme Court in Laboratory Corporation of America Holdings v. Davis, the justices' questioning highlighted a fundamental tension between constitutional standing requirements, the procedural framework of Rule 23, and the practical challenges of managing large, diverse classes in complex litigation, say attorneys at Winston & Strawn.

  • Immunity Waiver Ruling A Setback For Ch. 7 Trustees

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    While governmental units should welcome the U.S. Supreme Court's recent decision in U.S. v. Miller restricting the reach of the Bankruptcy Code's sovereign immunity waiver, Chapter 7 trustees now have a limited ability to maximize bankruptcy estates, says Dan Prieto at Jones Day.

  • Wash. Justices' Moonlight Ruling Should Caution Employers

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    The Washington Supreme Court's recent decision in David v. Freedom Vans, which limited when employers can restrict low-wage workers from moonlighting, underscores the need for employers to narrowly tailor restrictive covenants, ensuring that they are reasonable and allow for workforce mobility, say attorneys at Perkins Coie.

  • What To Watch For As High Court Mulls NRC's Powers

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    If successful, Texas’ challenges to the U.S. Nuclear Regulatory Commission’s authority — recently heard by the U.S. Supreme Court and currently pending before a Texas federal court — may have serious adverse consequences for aspiring NRC licensees, including potential nuclear power plant operators, say attorneys at Haynes Boone.

  • Series

    Adapting To Private Practice: From NY Fed To BigLaw

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    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.

  • Calif. Smoke Claim Ruling Gives Insurers Support On Denials

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    Far from being an outlier among ash, soot and smoke coverage cases, a California appellate court's recent opinion in Gharibian v. Wawanesa General Insurance reinforces the principle that policyholders must establish entitlement to coverage as a threshold matter, while supporting denials of coverage for meritless claims, says Kyle Espinola at Zelle.

  • Cos. Face Enviro Justice Tug-Of-War Between States, Feds

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    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.

  • Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

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    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.

  • 5th Circ. Ruling Is Latest Signal Of Shaky Qui Tam Landscape

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    In his recent concurring opinion in U.S. v. Peripheral Vascular Associates, a Fifth Circuit judge joined a growing list of jurists suggesting that the False Claims Act's whistleblower provisions are unconstitutional, underscoring that acceptance of qui tam relators can no longer be taken for granted, say attorneys at Miller & Chevalier.

  • How Attys Can Use A Therapy Model To Help Triggered Clients

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    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.

  • Tracking The Evolution Of Liability Management Exercises

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    As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.

  • Navigating Florida's Bad Faith Reforms After Appellate Ruling

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    A Florida appellate court's recent decision is among the first to interpret two significant amendments to the state's insurance bad faith law, and its holding that one of the statutes could not apply retroactively may affect insurers' interpretation of the other statute, say attorneys at Cozen O'Connor.

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