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November 25, 2025
6th Circ. Largely Shoots Down Ohio Derailment Atty Fee Fight
The Sixth Circuit on Tuesday largely refused to revive Morgan & Morgan's bid to halt the allocation of attorney fees from a $600 million class settlement between Norfolk Southern and residents affected by the East Palestine, Ohio, train derailment disaster, but remanded it for a look into the firm's individual allocation amount.
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November 25, 2025
John Deere Rival Can't Appeal Info Safeguards In FTC Case
A Deere & Co. competitor looking to shield confidential information it produced for a U.S. Federal Trade Commission right-to-repair investigation from related multidistrict litigation targeting Deere cannot tap the Seventh Circuit to resolve legal questions surrounding its failed protective order request, an Illinois federal judge said.
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November 25, 2025
Oil Giants Sued Over Climate-Linked Rise In Insurance Costs
The fossil fuel industry spent decades pushing a coordinated disinformation campaign to conceal its central role in climate change, saddling homeowners with a multibillion-dollar increase in insurance costs as disasters grew more frequent and severe, according to a proposed class action filed Tuesday in Washington federal court.
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November 25, 2025
Cruz Says Biden DOT Pressured Airports To House Migrants
A new report spearheaded by Sen. Ted Cruz, R-Texas, concluded that the Biden administration pressured several airports to house migrants and let poorly vetted migrants board domestic flights, despite security risks associated with doing so.
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November 25, 2025
EPA Tells DC Circ. Biden-Era Soot Rule Is Fatally Flawed
The U.S. Environmental Protection Agency has told the D.C. Circuit that its 2024 rule tightening soot pollution standards, which the EPA has been defending in litigation, is legally and scientifically flawed and must be vacated.
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November 25, 2025
Delta Retirees Seek Court Clearance For Benefits Class Action
A retired flight attendant accusing Delta Air Lines Inc. of shorting married pensioners on retirement benefits by miscalculating lump-sum payouts asked a Nevada federal court to grant her case class action status, arguing the roughly 3,000-strong group she proposed had enough in common to warrant certification.
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November 25, 2025
BMW Refuses To Cover Faulty Component, Suit Claims
BMW has known for several years about a transmission component defect causing more than a dozen of the luxury carmaker's vehicle models to jerk and shudder while driving but has improperly refused to cover necessary repair costs, consumers have alleged in New Jersey federal court.
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November 25, 2025
CSX Must Face Jury On Retaliation Claim, 2nd Circ. Says
Overruling its own precedent governing Federal Railroad Safety Act claims, the Second Circuit on Tuesday said a jury should decide whether CSX Transportation Inc. used a safety violation to justify firing a freight train conductor who had accused two supervisors of ordering him to falsify performance records.
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November 25, 2025
Commerce Reviewing Info Gathering For Auto Tariff Rebate
The U.S. Department of Commerce is seeking comments on requirements for automakers to submit documentation to qualify for a rebate of U.S. tariffs, it said Tuesday.
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November 25, 2025
Ford Offered 'Paltry' Refund Over Missing Feature, Suit Says
Ford admitted it misrepresented that some of its F-150 Lightning trucks have a forward sensing system that helps drivers avoid hitting objects while parking, but will only offer a "paltry $100 refund" for those misrepresentations, alleges a proposed class action filed Tuesday in California federal court.
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November 25, 2025
Teamsters Say UPS' 'Roadie' Siphons Off Union Work
A Teamsters unit has sued UPS in Illinois federal court, alleging the company is undermining a collective bargaining agreement covering about 10,000 workers in Chicago by giving bargaining unit work to a subsidiary called Roadie.
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November 25, 2025
Ex-Nikola CEO Milton Can't Decertify Investor Suit
An Arizona federal judge Tuesday rejected former Nikola CEO Trevor Milton's objections to certifying a class of shareholders accusing him and the electric vehicle startup of exaggerating the viability of its prospects, finding the investors have made reasonable progress toward contacting class members.
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November 25, 2025
US, Mexico And Canada Environmental Panel To Meet
The Office of the U.S. Trade Representative announced that the environmental committee organized under the U.S. Mexico Canada Agreement will meet in December, according to a notice published Tuesday.Â
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November 25, 2025
Ex-Admin Of Norfolk Southern Deal Denies Disobeying Court
The former administrator of Norfolk Southern's $600 million settlement over the derailment in East Palestine, Ohio, said it had been following a federal court's plan of distribution, not defying it, when it paid personal injury claimants based on a starting amount of $25,000 each.
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November 24, 2025
Fed. Circ. Told To Erase 'Remarkable' $50M Fuel Tank IP Award
KUS Technology Corp. is urging the Federal Circuit to free it from a nearly $50 million judgment in Wisconsin for its alleged infringement of a fuel tank sensor patent owned by rival SSI Technologies.
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November 24, 2025
OMB Issues New Drone Procurement Security Framework
Office of Management and Budget Director Russell T. Vought has outlined a new framework for government procurement of drones, telling federal agencies that funds should go toward boosting domestic manufacturing and warning against cybersecurity threats posed by purchasing foreign-manufactured drones.Â
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November 24, 2025
3 Federal Circuit Clashes To Watch In December
The Federal Circuit's argument calendar for December includes a festive $71.4 million patent dispute about artificial Christmas trees, as well as a software company's bid to revive a nine-figure trade secrets and contract verdict against Ford that was slashed to a nominal $3.
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November 24, 2025
Vt. Farmers, Enviro Org. Seek Win On Climate Superfund Law
Vermont organic farmers and an environmental group on Friday urged a federal judge to uphold the state's climate change Superfund law, which is being challenged by the Trump administration, red states and fossil fuel industry organizations.
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November 24, 2025
Mich. Justices To Weigh Burden Of Proof In Hangar Tax Fight
The Michigan Supreme Court agreed to weigh a city's appeal of a decision that said the municipality had the burden of proof to show that a company's hangar leased from a regional airport authority was subject to tax.
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November 24, 2025
Conn. Law Firm Sued Over $7.5M Truck Crash Judgment
A Connecticut food distributor is suing Harlow Adams & Friedman PC in state court over a $7.5 million judgment from a personal injury lawsuit, saying the law firm miscalculated the suit's value, didn't keep its client informed and missed deadlines at the trial and the appellate levels.
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November 24, 2025
ITC To Probe Imported Van Trailers For Possible Duties
The U.S. International Trade Commission will investigate whether Mexican, Chinese and Canadian trailers for vans entering the U.S. are harming the domestic industry, according to a notice published Monday.Â
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November 24, 2025
Credit Suisse Denies Role In Tech Exec's Alleged Stock Theft
Credit Suisse has urged a New York federal judge to let it out of a lawsuit by an Aeva Technologies co-founder who claims the banking giant provided "institutional cover" to conspirators who allegedly stole tens of millions of dollars, arguing that it also fell victim to the scam.
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November 24, 2025
Union Tells 1st Circ. Visa Ban Threatens Harvard's Talent Pool
The UAW filed an amicus brief in the First Circuit in support of Harvard University's fight to continue enrolling foreign students, warning that President Donald Trump's moves to limit visas are chasing away talented students.
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November 24, 2025
Toss Of Transient Tax Case Shouldn't Be Stayed, Hawaii Says
Hawaii's motion in federal court to dismiss a complaint over the expansion of the state's transient occupancy tax to cruise ship passengers has progressed too far for the court to grant a stay of the motion, the state said in a filing.
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November 24, 2025
IRS Ticket Tax Fails After Loper Bright, 6th Circ. Told
The Internal Revenue Service no longer has the discretion to apply a 7.5% ticket tax on membership fees collected by a private jet-sharing operator, the company told the Sixth Circuit, citing the U.S. Supreme Court's landmark decision in Loper Bright.
Expert Analysis
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Considerations When Invoking The Common-Interest Privilege
To successfully leverage the common-interest doctrine in a multiparty transaction or complex litigation, practitioners should be able to demonstrate that the parties intended for it to apply, that an underlying privilege like attorney-client has attached, and guard against disclosures that could waive privilege and defeat its purpose, say attorneys at DLA Piper.
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Series
The Law Firm Merger Diaries: Making The Case To Combine
When making the decision to merge, law firm leaders must factor in strategic alignment, cultural compatibility and leadership commitment in order to build a compelling case for combining firms to achieve shared goals and long-term success, says Kevin McLaughlin at UB Greensfelder.
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Global Net-Zero Shipping Framework Faces Rough Waters
The decision of the International Maritime Organization's Marine Environment Protection Committee to delay its proposal for reducing greenhouse gas emissions from ships, in the face of strenuous U.S. objections, highlights the importance of proactive engagement with policymakers and strategic planning for different compliance scenarios, say attorneys at Blank Rome.
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Opinion
Despite Deputy AG Remarks, DOJ Can't Sideline DC Bar
Deputy Attorney General Todd Blanche’s recent suggestion that the D.C. Bar would be prevented from reviewing misconduct complaints about U.S. Department of Justice attorneys runs contrary to federal statutes, local rules and decades of case law, and sends the troubling message that federal prosecutors are subject to different rules, say attorneys at HWG.
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How Cos. Should Prepare For Prop 65 Listing Of Bisphenols
California regulators are moving toward classifying all p,p'-bisphenol chemicals as causing reproductive toxicity under Proposition 65, which could require warning notices for a vast range of consumer and industrial products, and open the floodgates to private litigation — so companies should proactively review their suppy chains, says Gregory Berlin at Alston & Bird.
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Rule Amendments Pave Path For A Privilege Claim 'Offensive'
Litigators should consider leveraging forthcoming amendments to the Federal Rules of Civil Procedure, which will require early negotiations of privilege-related discovery claims, by taking an offensive posture toward privilege logs at the outset of discovery, says David Ben-Meir at Ben-Meir Law.
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Series
My Miniature Livestock Farm Makes Me A Better Lawyer
Raising miniature livestock on my farm, where I am fully present with the animals, is an almost meditative time that allows me to return to work invigorated, ready to juggle numerous responsibilities and motivated to tackle hard issues in new ways, says Ted Kobus at BakerHostetler.
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Litigation Funding Could Create Ethics Issues For Attorneys
A litigation investor’s recent complaint claiming a New York mass torts lawyer effectively ran a Ponzi scheme illustrates how litigation funding arrangements can subject attorneys to legal ethics dilemmas and potential liability, so engagement letters must have very clear terms, says Matthew Feinberg at Goldberg Segalla.
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Class Actions At The Circuit Courts: November Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings and identifies practice tips from cases involving claims related to oil and gas royalty payments, consumer fraud, life insurance, automobile insurance, and securities violations.
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E-Discovery Quarterly: Recent Rulings On Dynamic Databases
Several recent federal court decisions illustrate how parties continue to grapple with the discovery of data in dynamic databases, so counsel involved in these disputes must consider how structured data should be produced consistent with the requirements of the Federal Rules of Civil Procedure, say attorneys at Sidley.
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Stadium Security Takeaways Amid Gaps In Drone Regulation
As the risk of drones to sports stadium security grows, legal practitioners in the industry should focus on the need for rapid deployment of emergency services, crowd control, communications, strong organizational structure, and engagement across local, state and federal authorities, says Jennifer Daskal at Venable.
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Series
Building With Lego Makes Me A Better Lawyer
Building with Lego has taught me to follow directions and adapt to unexpected challenges, and in pairing discipline with imagination, allows me to stay grounded while finding new ways to make complex deals come together, says Paul Levin at Venable.
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Series
Law School's Missed Lessons: Networking 101
Cultivating a network isn't part of the law school curriculum, but learning the soft skills needed to do so may be the key to establishing a solid professional reputation, nurturing client relationships and building business, says Sharon Crane at Practising Law Institute.
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Defeating Estoppel-Based Claims In Legal Malpractice Actions
State supreme court cases from recent years have addressed whether positions taken by attorneys in an underlying lawsuit can be used against them in a subsequent legal malpractice action, providing a foundation to defeat ex-clients’ estoppel claims, says Christopher Blazejewski at Sherin and Lodgen.
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Series
The Biz Court Digest: How It Works In Massachusetts
Since its founding in 2000, the Massachusetts Business Litigation Session's expertise, procedural flexibility and litigant-friendly case management practices have contributed to the development of a robust body of commercial jurisprudence, say James Donnelly at Mirick O’Connell, Felicia Ellsworth at WilmerHale and Lisa Wood at Foley Hoag.