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Appellate
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August 06, 2025
Archdiocese Seeks Reinsurance Docs In Sex Abuse Row
The Archdiocese of New York urged a state appeals court Wednesday to uphold an order mandating that nine Chubb units turn over reinsurance documents as they litigate coverage for thousands of sex abuse lawsuits, noting Chubb already said before the trial court that "reinsurance is simply insurance for insurers."
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August 06, 2025
Insulin Collusion Needn't Be 'Clever' To Exist, 2nd Circ. Says
A Second Circuit panel revived safety-net providers' proposed class action claims against Sanofi, Eli Lilly, Novo Nordisk and AstraZeneca on Wednesday that allege the company agreed to limit discount program participation to spike insulin and weight-loss drug costs, with the appeals court rejecting drugmaker arguments that their actions weren't "clever" enough to be collusion.
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August 06, 2025
UC Policy Found Discriminatory Based On Immigration Status
A California state appeals court has ruled that the University of California's employment policy against hiring unauthorized immigrant students who lack federal work permits is "facially discriminatory," and that the university system couldn't lean on a risk of federal enforcement for justification.
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August 06, 2025
4th Circ. Revives Chance Of Class Cert. For Overdraft Suit
The Fourth Circuit has reversed a denial of class certification in a lawsuit聽against Michigan-based Independent Bank, finding that a South Carolina federal judge had improperly ruled that bank customer Jamila Grice couldn't represent a nationwide class and remanding the case for further proceedings.
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August 06, 2025
Golfer Wants Full 11th Circ. To Take Swing At Defamation Suit
Pro golfer Patrick Reed urged the full Eleventh Circuit Tuesday to take a second look at his failed defamation suit against a litany of media organizations and figures, arguing that a three-judge panel "abjectly failed" to properly review his complaints after their dismissal by a Florida federal judge.
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August 06, 2025
7th Circ. Reverses Class Cert. In Wis. Gas Price-Fixing Suit
The Seventh Circuit unwound a lower court's decision to certify a class in a Wisconsin natural gas price-fixing case on Tuesday, saying the trial judge needed to "engage more fully" with conflicting expert evidence before deciding that common issues predominate in the case.
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August 06, 2025
Colo. Justices Asked To Rule On Pro Se Appeal Authority
A plumbing company and two Colorado homeowners asked the state's Supreme Court on Tuesday to clarify that the Colorado Court of Appeals has jurisdiction to prevent litigants from making "frivolous" pro se filings, contrary to a prior ruling from the court.
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August 06, 2025
US Asks High Court To Decide If Drug Users Can Have Guns
The Trump administration has asked the U.S. Supreme Court to resolve "a four-way circuit conflict" over whether it is legal to prevent users of drugs including marijuana, which has been legalized in some fashion in the vast majority of states, from possessing firearms.
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August 06, 2025
9th Circ. Backs SEC's No-Denials Settlements Rule
The Ninth Circuit on Wednesday rejected a First Amendment challenge to a decades-old U.S. Securities and Exchange Commission rule that restricts defendants who settle securities law charges from denying the claims against them, saying the law has "long regarded the voluntary relinquishment of constitutional rights as permissible" with safeguards.
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August 06, 2025
Family Says Court Must Face Bias Suit Over Witness Killing
The father of a pregnant woman from Las Vegas who was fatally shot after traveling to Asheville to testify in a capital murder case urged the North Carolina Court of Appeals to restore his case against the state's court administrative office, arguing it was not time-barred.
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August 06, 2025
Ark. Prisoners Challenge Nitrogen Gas Execution Law
Ten Arkansas death row inmates have challenged a new law authorizing their execution by nitrogen gas, arguing the law is unconstitutional because it violates the state's separation of powers doctrine, an attorney confirmed to Law360.
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August 06, 2025
Vivint Asks 4th Circ. To Rethink Affirming $190M TM Verdict
Vivint Smart Home Inc. is looking for a do-over after the Fourth Circuit affirmed a nearly $190 million verdict in a suit accusing it of deceiving customers of a rival security company, saying the ruling flouts North Carolina's cap on punitive damages and ignores state appellate precedence.
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August 06, 2025
NJ Panel Backs Jury Verdict For Law Firm In $244K Fee Row
A New Jersey appellate panel on Wednesday upheld a jury verdict in favor of the New York-based law firm Weg & Myers PC in a breach-of-contract action brought by a former client, finding no abuse of discretion or prejudicial error by the judge.
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August 06, 2025
7th Circ. Adopts Flexible Standard For Collective Actions
The Seventh Circuit in a discrimination case against Eli Lilly & Co. laid out a new standard for certifying collective actions, joining the Fifth and Sixth circuits in departing from a two-step analysis courts had used for decades but taking a more middle-of-the-road approach.
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August 06, 2025
2nd Circ. Backs J&J Spinoff In 'Rapid Release' Label Suit
The Second Circuit on Wednesday declined to revive a proposed class action alleging a Johnson & Johnson spinoff company misled consumers by claiming that "Rapid Release" Tylenol gelcaps dissolve faster than other types of Tylenol.
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August 06, 2025
Russia Says It Never Agreed To Arbitrate With Ukrainian Utility
Russia has asked the D.C. Circuit to overturn a decision ordering it to face litigation by a Ukrainian utility to enforce a nearly $219 million arbitral award the company won after its Crimean assets were seized, saying it never agreed to arbitrate with the company.
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August 06, 2025
7th Circ. Revives Ex-Teacher's Suit Over Trans Student Names
A split Seventh Circuit panel reinstated a religious bias suit from a Christian teacher who alleged that a school district unlawfully required him to refer to transgender students by their preferred names, with a dissent warning that the ruling created a "perilous precedent" for employers.
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August 06, 2025
10th Circ. Partly Revives Ex-Sales Head's Client List Case
A split panel of the Tenth Circuit partially revived a case from a sales executive against his former employer who claims the company took a customer list, saying the executive had improperly been barred from offering expert testimony on his lost wages.
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August 05, 2025
5th Circ. Wipes Out Honeywell Win In Worker's Vaccine Fight
The Fifth Circuit on Tuesday resurrected a former Honeywell employee's suit claiming he was fired for refusing to get the COVID-19 vaccine after his request for a religious exemption was denied, ruling that a jury could indeed determine that the worker faced religious discrimination.
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August 05, 2025
Key Opioid Theory Actually Irrelevant, Drug Cos. Tell 4th Circ.
With federal judges in West Virginia suddenly split over the central legal theory in opioid litigation, major drug distributors are insisting the theory actually doesn't matter, telling the Fourth Circuit it can uphold their triumph in a landmark trial without even touching the hot-button issue.
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August 05, 2025
Biz Prof's Pay Based On Experience, Not Bias, 6th Circ. Told
Michigan Technological University told the Sixth Circuit on Monday that a former accounting professor was paid less than her husband because he had more teaching experience and better evaluations, urging the court to reject her appeal challenging the dismissal of pay disparity claims and racial or gender discrimination.
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August 05, 2025
Walmart's $2.6M Fall Injury Verdict Not Excessive, Court Affirms
A California appeals court has affirmed a $2.6 million award in a suit accusing Walmart of causing a customer's devastating hamstring injury in a fall, saying the verdict was not excessive given the evidence.
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August 05, 2025
USPTO Urges Fed. Circ. To End Motorola's Fintiv Appeal
The U.S. Patent and Trademark Office stood by its acting leader's decision to shut down Motorola's challenge to various Stellar patents at the Patent Trial and Appeal Board, saying all of Motorola's appellate arguments at the Federal Circuit should be rejected.
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August 05, 2025
5th Circ. Says Texas Voter ID Law Is Legally Sound
A Fifth Circuit panel upheld a Texas law that requires voters to provide an identification number when voting by mail, finding the law complies with the Civil Rights Act and that the state designed it to combat mail-in ballot fraud.
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August 05, 2025
Fired NCUA Officials Urge DC Circ. To Return Them To Board
Two top credit union regulators fired by President Donald Trump are asking the D.C. Circuit to let them go back to work while it reviews a lower-court decision reinstating them, arguing their service is needed to prevent a painful impending snapback in interest-rate limits for federal credit unions.
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.