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Trials
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August 14, 2025
2nd Circ. Backs Convictions In ATM-Skimming Ploy
The Second Circuit on Thursday affirmed the convictions of two men involved in a major ATM card-skimming ring, but said a district court should clarify one defendant's restitution payment schedule.
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August 14, 2025
Va. Woman Asks 4th Circ. For Resentence Over Atty Failures
A Virginia woman has told the Fourth Circuit Court of Appeals she should be resentenced because her attorney provided bad advice, resulting in her receiving a 30-year prison term for selling her boyfriend's property while he was incarcerated.
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August 14, 2025
USAA Asks Fed. Circ. To Rethink Axing $223M Patent Verdicts
United Services Automobile Association urged the Federal Circuit to revisit its decisions that neutralized jury verdicts against PNC Bank totaling nearly $223 million, saying Thursday that the appeals court defied U.S. Supreme Court precedent on patent eligibility by deeming USAA's mobile check deposit patents invalid.
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August 14, 2025
Judge Says Patents In $50M Amgen Jury Loss Unenforceable
A Delaware federal judge on Thursday found that two Lindis Biotech immunotherapy patents at the heart of the German company's $50.3 million infringement verdict against Amgen are unenforceable.
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August 14, 2025
State Farm Found Liable For Bad Faith In Moped Death Suit
A Florida federal judge has found State Farm liable for bad faith following a jury trial in a lawsuit involving the DUI-related death of a moped driver, whose family accused the insurer of failing to timely settle their claim against the estate of the driver accused of causing the fatal crash.聽
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August 14, 2025
4th Circ. Allows Trial For Prisoner's Excessive Force Claim
The Fourth Circuit said Thursday that a man incarcerated in a Maryland state prison should not have had claims that he was brutalized by correctional officers summarily dismissed because a reasonable jury could find that his allegations were credible.
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August 14, 2025
Energy Co. Can't Avoid 401(k) Forfeiture, Fee Fight
A Florida federal judge refused Thursday to toss a proposed class action against NextEra Energy from an employee 401(k) participant who alleged plan forfeitures were misspent and that a recordkeeper illegally profited off retirement plan earnings, opening discovery on allegations that the conduct violated federal benefits law.
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August 14, 2025
Boston Bomber Asks Full 1st Circ. To Weigh Judge DQ Bid
The convicted Boston Marathon bomber on Thursday asked the full First Circuit to consider disqualifying his trial judge from leading an investigation into potential juror bias, arguing an appellate court panel failed to assess whether post-trial public comments tainted his impartiality.
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August 14, 2025
11th Circ. Looks For Immunity Line In $40M Taser Case
An Eleventh Circuit panel appeared conflicted Thursday over whether to toss a $40 million verdict against the city of Atlanta and a cop who left a man a quadriplegic after shocking him with a Taser over suspicions of panhandling, struggling with whether the officer should have foreseen the injuries he caused.
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August 14, 2025
Ponzi Scheme Trial Not Tainted By Video Depo, 7th Circ. Says
A Seventh Circuit panel upheld the conviction and 17-year sentence聽of an alleged Ponzi schemer, rejecting a "host of challenges," including that he was denied his Sixth Amendment confrontation rights when the government presented a key witness's testimony through a videotaped foreign deposition neither he nor his counsel attended.
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August 14, 2025
Fla. Juror Misconduct Claim Stymied By 'Lack Of Diligence'
A new trial ordered in an auto collision case was wrongly granted based on juror misconduct, a Florida appeals court has ruled, saying a juror's involvement in injury litigation was disclosed on his questionnaire but wasn't explored in court due to a "lack of diligence" by defense counsel.
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August 14, 2025
Fed. Circ. Upholds Hoverboard Co.'s Design Patent Loss
An Illinois federal judge properly followed the Federal Circuit's orders when throwing out an infringement suit over hoverboard designs, the appeals court affirmed Thursday.
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August 14, 2025
Who Owns A Beat? The Dispute Over Reggaeton's Core Sound
The origin of the rhythm that underpins much of reggaeton music is at the center of a copyright lawsuit from Jamaican artists who claim a loop from an instrumental song they released in 1989 has become foundational to reggaeton, which thousands of songs have copied without permission.
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August 14, 2025
4th Circ. Won't DQ Judge From Church Mass Shooting Case
Hearsay evidence and conclusory allegations of impartiality are not enough to cause the Fourth Circuit to remove the federal judge presiding over white supremacist mass shooter Dylann Roof's criminal case in South Carolina, a panel of out-of-circuit judges determined in a nonprecedential ruling.
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August 14, 2025
Rising Star: Goldman Ismail's Emma Ross
Emma Ross of Goldman Ismail Tomaselli Brennan & Baum LLP has taken key roles in trials for Bayer over the pesticide Roundup and for Merck defending the safety of the Gardasil vaccine, earning her a spot among the trials attorneys under age 40 honored by Law360 as Rising Stars.
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August 13, 2025
Va. Judge Dismisses VLSI Suit Over PTAB Conduct
Patent Quality Assurance took home another win against semiconductor patent company VLSI Technology on Wednesday, as a Virginia state court dismissed the abuse of process and conspiracy claims VLSI brought against PQA after the latter got VLSI's microchip patent invalidated at the Patent Trial and Appeal Board.
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August 13, 2025
Labcorp Wins ERISA Trial As Judge Cites Stronger Witnesses
Medical testing chain Labcorp did not breach its duty of prudence to its multibillion-dollar employee retirement investment fund, a North Carolina federal judge ruled Tuesday after a trial, saying two plaintiffs' experts earned little credibility.
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August 13, 2025
Holster Maker Absolved In Sig Sauer Pistol Defect Suit
Holster maker Wintrode Enterprises Inc. isn't to blame for a pistol discharging without warning into a man's leg while he was sitting on his motorcycle, a North Carolina federal judge said Wednesday in granting it summary judgment.
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August 13, 2025
Trump's Troop Deployment In Calif. Troubles Judge
A California federal judge overseeing a bench trial over the state's claims that President Donald Trump unlawfully deployed troops there told a U.S. Justice Department lawyer Wednesday that he was troubled by the seeming lack of limits on the use of the soldiers once they're in place.
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August 13, 2025
9th Circ. Won't Review $23M GEO Detainee Pay Ruling
A deeply divided Ninth Circuit on Wednesday denied private detention operator GEO Group's request to review the appellate court's decision upholding $23 million in judgments against the company over its failure to pay detainees minimum wage for work behind bars.
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August 13, 2025
Fla. Court Affirms New Trial Over Boxer's Parking Brawl
A Florida appeals court Wednesday affirmed a decision to grant plaintiffs who sued pro boxer Shakur Stevenson over a parking garage brawl a new trial because of comments made by Stevenson's counsel during closing argument that impugned the credibility of the plaintiffs' lawyers.
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August 13, 2025
How A Flowchart Won $14.5M In Fla. Woman's Fraud Suit
In Mireya Cambero's lawsuit against her ex-husband Jose Fernando De Matos, her attorneys at Miami-based Diaz Reus LLP had to prove fraudulent transfers but avoid confusing a jury with voluminous, uninteresting business filings. The best way to do it, they decided, was to organize their evidence in an easily digestible flowchart.
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August 13, 2025
Fed. Circ. Throws Out $4.7M Verdict In DNA Patent Suit
The Federal Circuit reversed a Delaware federal jury's verdict from 2021 that found biotechnology company Qiagen Sciences LLC owed $4.7 million for infringing genetic testing patents, saying the jury's findings weren't sufficiently backed by evidence.
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August 13, 2025
Rising Star: Quinn Emanuel's Sara Clark
Sara Clark of Quinn Emanuel Urquhart & Sullivan LLP was a key member of the team that secured a midtrial dismissal of a manslaughter charge against actor Alec Baldwin in connection with a fatal shooting during the filming of the movie "Rust," earning her a spot among the trial attorneys under age 40 honored by Law360 as Rising Stars.
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August 13, 2025
Convicted ComEd CEO Seeks Bond Pending 7th Circ. Appeal
Former Commonwealth Edison and Exelon Utilities CEO Anne Pramaggiore has requested to stay out of jail while she appeals her criminal conviction and two-year prison sentence, saying her case was "far from ordinary" and that bond would keep her from serving a substantial portion of her sentence unnecessarily if the Seventh Circuit finds in her favor.
Expert Analysis
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Supreme Court's Criminal Law Decisions: The Term In Review
Though the U.S. Supreme Court鈥檚 criminal law decisions in its recently concluded term proved underwhelming by many measures, their opinions revealed trends in how the justices approach criminal cases and offered reminders for practitioners, says Kenneth Notter at MoloLamken.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California鈥檚 February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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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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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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How Courts Are Addressing The Use Of AI In Discovery
In recent months, several courts have issued opinions on handling discovery issues involving artificial intelligence, which collectively offer useful insights on integrating AI into discovery and protecting work product in connection with AI prompts and outputs, says Philip Favro at Favro Law.
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Series
Adapting To Private Practice: From ATF Director To BigLaw
As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there鈥檚 no single answer 鈥 just clearly set your priorities, says Steven Dettelbach at BakerHostetler.
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A Look At Key 5th Circ. White Collar Rulings So Far This Year
In the first half of 2025, the Fifth Circuit has decided numerous cases of particular import to white collar practitioners, which collectively underscore the critical importance of meticulous recordbuilding, procedural compliance and strategic litigation choices at every stage of a case, says Joe Magliolo at Jackson Walker.
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Series
Playing Baseball Makes Me A Better Lawyer
Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at聽Swift Currie.
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Opinion
Prosecutors' Duty To Justice Sometimes Demands Mea Culpa
Two recent cases 鈥 U.S. v. Lucas and U.S. v. Echavarria 鈥 demonstrate that prosecutors鈥 special ethical duty to seek justice can sometimes be in tension with other obligations and incentives, but it nonetheless requires them to concede their mistakes in the interests of justice, say Eastern District of Texas law clerk Ian Stephens and Texas A&M University law professor Jemila Lea.
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Series
Law School's Missed Lessons: Skillful Persuasion
In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.
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Fed. Circ. Ingenico Ruling Pivotal For IPR Estoppel Landscape
The Federal Circuit's recent decision in Ingenico v. Ioengine brings long-awaited clarity to the scope of inter partes review estoppel, confirming that a patent challenger is not precluded from relying on the same or substantially similar prior art in both IPR and district court proceedings, so long as it is used to support a different invalidity theory, say attorneys at Irwin IP.