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Appellate
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August 27, 2025
Jailed Pastor Cites Adams Dismissal In Bid To Beat Charges
A clergyman serving a nine-year sentence for fraud cited his ties to New York City Mayor Eric Adams on Wednesday in a bid to have his conviction overturned in the wake of the Trump administration's dismissal of the charges against Adams.
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August 27, 2025
Years In Solitary Isn't Criminal Punishment, Mich. Court Says
An inmate who spent more than three years in solitary confinement after stabbing a corrections officer in the head could still receive an additional sentence for the attack since his years of isolation were not a criminal punishment, but a civil one, a Michigan state appeals court has found.
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August 27, 2025
Iowa Vape Group Asks 8th Circ. To Keep E-Cig Law On Ice
A group of vape sellers and buyers are urging the Eighth Circuit not to overturn an order blocking enforcement of an Iowa law requiring that e-cigarettes go through U.S. Food and Drug Administration authorization to be sold in the state, saying the trial court correctly found that the law is preempted.
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August 26, 2025
9th Circ. Won't Revive Website Wiretap Suit Against Microsoft
The Ninth Circuit Tuesday affirmed the dismissal of a proposed class action accusing Microsoft Corp. of providing a pet supply website with "session replay" technology that illegally captured visitors' browsing activities, finding that the plaintiff had failed to show how this alleged conduct caused concrete harm.
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August 26, 2025
5th Circ. Revives Claims Against Tyson In COVID Death Suit
A split Fifth Circuit panel on Tuesday reinstated a suit brought by a widow accusing Tyson Foods of negligently failing to prevent the spread of COVID-19 at an East Texas plant that caused the death of a worker, saying certain claims were not preempted by a federal food safety law.
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August 26, 2025
Teradata Asks High Court To Stay Out Of SAP Tying Fight
The U.S. Supreme Court should let sitting dogs lie when it comes to a Ninth Circuit decision reviving tying claims brought by data analytics giant Teradata against a German rival and software maker and just let the matter head to trial, according to the U.S.-based Teradata.
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August 26, 2025
Ga. Judge Says His Removal Would Be 'Absolutely Wrong'
A Georgia probate court judge told the state's judicial watchdog body Tuesday that "it would be absolutely wrong to remove me" over charges that he repeatedly failed to issue rulings in cases for months and years, arguing it would only send his Savannah-area office into further disarray.
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August 26, 2025
Split 9th Circ. Upholds Oregon Pharmaceutical Reporting Law
A split Ninth Circuit panel on Tuesday vacated a lower court's order blocking an Oregon law requiring drug manufacturers to report information related to certain prescription drugs to the state, ruling that the law is indeed constitutional under both the First and Fifth amendments.
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August 26, 2025
Scholars, Others Back Students Facing Foreign Policy Removal
A group of habeas corpus scholars threw their support Tuesday behind Turkish college student R眉meysa 脰zt眉rk, whom the Trump administration wants to deport on foreign policy grounds, warning the Second Circuit that the government's tactics threaten to effectively suspend the great writ.
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August 26, 2025
Ill. Defends Extended Mail-In Ballot Deadline At High Court
Now that the U.S. Supreme Court has agreed to take up an Illinois congressman's last shot at reviving a suit challenging the state's policy of counting ballots for two weeks after Election Day, the state is hoping the justices will come down on the side of the extended ballot counting policy.
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August 26, 2025
Ex-Genentech Worker Urges 9th Circ. To Revive ERISA Suit
Counsel for a former Genentech employee urged the Ninth Circuit at a hearing Tuesday to revive his client's proposed class action alleging the biotechnology company kept unwise investment options in its 401(k) plan for years, saying the case is "vastly different" from one the lower court cited when tossing the suit.
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August 26, 2025
7th Circ. Won't Compel Arbitration In Uber Driver's Pay Suit
Uber was correctly ordered to litigate a driver's pay claims in a lawsuit which three other plaintiffs must arbitrate, the Seventh Circuit said Tuesday, agreeing with a lower court that found the issue had already been decided in the driver's state court case.
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August 26, 2025
Google Backers Cite Security, Competition To 9th Circ.
Trade groups, cybersecurity experts, think tanks and others backed Google with proposed Ninth Circuit amicus briefs arguing that an order affirmed by an appeals panel opening up the Play Store will upend competition and endanger security.
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August 26, 2025
Fed. Circ. Agrees To Compromise In Fintiv Appeal Extension
The U.S. Patent and Trademark Office will have extra time to respond to Google and Samsung's challenge to its Fintiv policy, but not as much as it wanted the Federal Circuit to provide, the court ruled Tuesday.
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August 26, 2025
Capital One Beats Robocall Class Cert. Appeal At 4th Circ.
The Fourth Circuit has affirmed聽that consumers who accused Capital One of violating consumer protection laws by leaving prerecorded messages on their cell phones cannot be certified as a class, agreeing that it would be too difficult to ascertain members of the proposed class who weren't customers of the bank.
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August 26, 2025
Garnishment Statute Is Too 'Arbitrary,' NBC Tells Ga. Justices
NBCUniversal urged the Georgia Supreme Court Tuesday to overturn a trial court's denial of its motion to set aside a more than $543,000 default judgment entered against it after it failed to respond to a garnishment action, arguing that the state's garnishment default statute is unconstitutional.
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August 26, 2025
DC Circ. Backs HHS In Low-Income Patient Payment Dispute
The D.C. Circuit has delivered a blow to a group of hospitals in a recent decision finding they had challenged a key component of their Medicare reimbursements too early, despite hospital associations' warnings that such a ruling could slow healthcare providers' ability to seek review and "ultimately harm" patients.
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August 26, 2025
Calif. High Court Says Gang Law Applies To Past Convictions
A divided California Supreme Court has ruled that a state law redefining criminal enhancements for people accused of gang activity must be applied retroactively to prior convictions to determine whether they still count under the state's three-strikes law.
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August 26, 2025
DOJ Can't Throw Out Kidnapping Charges, DC Circ. Says
The D.C. Circuit has ruled federal prosecutors used an improper mechanism when trying to toss portions of a kidnapping conviction for a man as part of a bid to retrofit his plea deal.
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August 26, 2025
Fed. Circ. Backs Original Filer In First-Ever Derivation Ruling
The Federal Circuit clarified the differences between derivation and interference proceedings on Tuesday while affirming that a podiatrist didn't derive his wound treatment patent application from a former collaborator.
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August 26, 2025
Peru Telecom Takes Fight Over $168M Of Awards To DC Circ.
Peru-owned telecom service Pronatel has appealed before the D.C. Circuit a lower court decision denying its motion to throw out broadband corporation Redes Andinas de Comunicaciones SRL's action to confirm two arbitral awards valued at $168 million.
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August 26, 2025
Mass. Justices Overturn Firearm Convictions Over Trial Error
Massachusetts' highest court ruled Tuesday that a man convicted of carrying a loaded firearm without a license and removing the gun's serial number must get a new trial on the possession charges, finding him not guilty of defacing the weapons due to insufficient instructions provided to the jury.
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August 26, 2025
Wash. Panel Nixes $5.5M Judgment In Asbestos Cancer Suit
A Washington appeals panel has thrown out a $5.5 million judgment against Hardie-Tynes Co. Inc. in a suit alleging its predecessor's products contained asbestos that gave a former Navy worker mesothelioma, saying there's no successor liability where the new company did not make products containing the same dangerous substance.
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August 26, 2025
Blacklist Suit Blocked By Illegal Biz Ties, Justices Told
LegitScript has asked the U.S. Supreme Court to intervene against the Ninth Circuit's decision to make it face PharmacyChecker.com's antitrust blacklisting claims, arguing the lower court rulings wrongly allow PharmacyChecker to sue to protect a business focused on facilitating the illegal importation of drugs.
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August 26, 2025
Anthropic, Authors Reach Deal In AI Copyright Cases
Artificial intelligence developer Anthropic said Tuesday it has inked a deal to end copyright litigation from authors who allege that their works were illegally obtained to train the company's large language model, Claude.
Expert Analysis
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2nd Circ. Reinforces Consensus On Vacating Foreign Awards
In Molecular Dynamics v. Spectrum Dynamics Medical, the Second Circuit recently affirmed that federal district courts do not possess subject matter jurisdiction to vacate foreign arbitral awards, strengthening this consensus across the circuits most active in recognition and enforcement actions, says Ed Mullins at Reed Smith.
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What Dismissal Rulings May Mean For ERISA Forfeiture Cases
Following an influx of Employee Retirement Income Security Act class actions challenging the long-standing practice of plan sponsors using plan forfeitures to offset employer contributions, recent motion to dismiss rulings and a U.S. Department of Labor amicus brief may encourage more courts to reject plaintiffs' forfeiture theories, say attorneys at Mayer Brown.
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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.