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The U.S. Supreme Court on Monday appeared skeptical of a Fifth Circuit ruling that found members of a task force setting preventive services coverage requirements under the Affordable Care Act were unconstitutionally appointed, with multiple justices suggesting kicking the case back down to the circuit court for additional arguments.
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Appellate
TUESDAY, APRIL 22, 2025

TOP NEWS

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Justices Mull 5th Circ. Redo In ACA Preventive Care Fight

By Kellie Mejdrich

The U.S. Supreme Court on Monday appeared skeptical of a Fifth Circuit ruling that found members of a task force setting preventive services coverage requirements under the Affordable Care Act were unconstitutionally appointed, with multiple justices suggesting kicking the case back down to the circuit court for additional arguments.

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Justices Sympathetic To Inmate Who 'Messed Up' Appeal

By Chris Villani

The U.S. Supreme Court on Monday seemed dubious of a Fourth Circuit ruling refusing an inmate's appeal on procedural timing grounds, as the justices weighed a case that will likely disproportionately affect pro se litigants.

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Justices Kick Flavored-Vape Dispute Back To 5th Circ.

By Mike Curley

After the U.S. Supreme Court affirmed the U.S. Food and Drug Administration's authority to reject an e-cigarette company's application to market flavored vapes, the high court on Monday granted summary disposition on one other pending case on the same subject, while denying certiorari to three others.

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Justices To Mull Tort Liability For USPS 'Campaign Of Terror'

By Jeff Overley

The U.S. Supreme Court agreed Monday to assess the U.S. Postal Service's liability under federal tort law for intentional delivery failures — an issue nominally focused on an alleged "racially motivated harassment campaign" against a Texas woman but also broadly relevant to delivery lapses in the nation's vast mail system.

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High Court Wants SG's Input On Home Depot ERISA Case

By Grace Elletson

The nation's highest court asked the U.S. solicitor general Monday to opine on whether it should hear a retirement plan mismanagement case from Home Depot workers who say the Eleventh Circuit wrongly required them to link financial losses to alleged breaches of fiduciary duty.

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Democrats Seek More Funds To Protect Judges From Threats

By Ryan Boysen

Two Democratic lawmakers on Monday asked U.S. Chief Justice John Roberts if more funding is needed to protect federal judges from a spike in physical threats that challenge "the viability of the rule of law itself."

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SUPREME COURT

High Court Won't Review University Of Michigan's Gun Ban

By Carolyn Muyskens

The U.S. Supreme Court rejected a challenge to the University of Michigan's campus firearms ban Monday, leaving in place a lower court's ruling that the university is a "sensitive place" that may restrict guns.

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Justices Won't Hear CSX-Norfolk Southern Antitrust Case

By Matthew Perlman

The U.S. Supreme Court refused on Monday to review whether CSX waited too long to bring its antitrust case against Norfolk Southern over fees charged by a Virginia switching line they jointly own.

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Justices Won't Hear Patent Eligibility Ruling Dispute

By Theresa Schliep

The U.S. Supreme Court on Monday decided to skip a case brought by a company that had lost a patent case against Amazon, declining the challenge asserting that courts routinely issue summary judgment rulings on patent eligibility, even if there are disputes of fact.

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Supreme Court Won't Hear Neb. Tribe's Tobacco Sales Dispute

By Crystal Owens

The U.S. Supreme Court won't hear two Nebraska tribal companies' bid to undo an Eighth Circuit ruling that held the state can regulate a tribally owned manufacturer's sales of cigarettes to Indigenous-owned distributors after officials attempted to apply a settlement with major tobacco companies on the Winnebago reservation.

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Justices Won't Hear Mall Of America's Sears Lease Dispute

By Vince Sullivan

The U.S. Supreme Court on Monday declined to hear a case filed by the owner of Minnesota's Mall of America against Sears Holding Corp. over a transfer of a 100-year lease for an anchor store location, leaving in place a lower court's finding that the mall's lease was not a "true" contract.

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Justices Pass On Damages Fight In Trading Patent Case

By Theresa Schliep

The U.S. Supreme Court on Monday skipped a case brought by the winner of a $6.6 million patent infringement verdict who has argued that the Federal Circuit wrongly denied its bid to increase those damages after it said it discovered fraud in the proceedings.

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Justices Won't Review Welding Inspector's Contractor Status

By Daniela Porat

The U.S. Supreme Court declined on Monday to review a Fifth Circuit decision finding a welding inspector was an independent contractor, not an employee, and therefore not entitled to Fair Labor Standards Act coverage.

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Justices Nix Adjuster's Petition Seeking Arbitral Immunity

By Ganesh Setty

An insurance adjuster failed Monday to get the U.S. Supreme Court to define what "arbitration" actually means under the Federal Arbitration Act, seeking immunity after a Colorado state jury found he fraudulently inflated a $1.6 million appraisal award against a Travelers unit that was ultimately vacated.

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Veterans Urge High Court To Ax Time Bar For Compensation

By Madeline Lyskawa

Veterans challenging an appellate court's ruling that a six-year limit applies to their claims for retroactive combat-related special compensation have told the U.S. Supreme Court that Congress's statute authorizing the compensation displaced preexisting settlement mechanisms and their statute of limitations.

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DC CIRCUIT

CFPB Needs Only 200 Workers, Trump Admin Tells DC Circ.

By Katryna Perera

The Trump administration has told the D.C. Circuit the Consumer Financial Protection Bureau only needs a staff of 200 to fulfill its duties, as the government seeks to resume layoffs at the agency after a federal judge halted the terminations for a second time. 

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T-Mobile Cites 5th Circ. Ruling In Challenge To $92M FCC Fine

By Ali Sullivan

T-Mobile and Sprint told the D.C. Circuit that another appeals court got it right when it vacated a $57 million Federal Communications Commission fine against AT&T, asking the D.C. court to take the same approach to commission penalties against them.

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FEDERAL CIRCUIT

EFF Tells Fed. Circ. That 6th Circ. Case Aids Bid For IP Docs

By Adam Lidgett

A digital rights nonprofit says that a recent Sixth Circuit revival of a fight for documents in a securities suit against a private prison operator bolsters its own bid at the Federal Circuit to unseal documents in a since-concluded patent lawsuit in the Eastern District of Texas.

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FOURTH CIRCUIT

US Asks 4th Circ. To Pause Review Of Corp. Transparency Act

By Natalie Olivo

The U.S. government urged the Fourth Circuit to pause a challenge brought by community associations against an information disclosure law aimed at small businesses, arguing that the U.S. Treasury Department's newly narrowed rules could moot the claims.

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FIFTH CIRCUIT

5th Circ. Lifts Block On Mississippi Social Media Law

By Bonnie Eslinger

The Fifth Circuit lifted a preliminary injunction on a Mississippi law requiring digital service providers to verify users' ages and social media platforms to acquire parental consent for a minor's account, saying that under the U.S. Supreme Court's 2024 decision in Moody, a "more detailed analysis" of the act is required.

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DOL Tells 5th Circ. It May Rescind Biden-Era ESG Rule

By Kellie Mejdrich

The U.S. Department of Labor told the Fifth Circuit on Monday it's considering rescinding a Biden-era rule allowing retirement fiduciaries to consider issues like climate change and social justice when choosing investments, according to filings in a suit challenging the rule from conservative states and energy companies.

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SEVENTH CIRCUIT

7th Circ. Gives Costco Slip-And-Fall Suit A Second Life

By Cara Salvatore

The Seventh Circuit on Monday revived a suit over a Costco customer's slip-and-fall, saying trial is warranted because a jury could find that surveillance video supports the claim that a spilled smoothie was on the floor for at least 28 minutes before the fall.

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NINTH CIRCUIT

En Banc 9th Circ. Revives Shopify Data Privacy Fight

By Dorothy Atkins

A split Ninth Circuit en banc panel Monday revived a proposed class action alleging Shopify violates privacy rights by embedding payment-processing code on merchant websites that surreptitiously tracks consumers' location and collects personal data, with a nearly unanimous majority finding the location-tracking allegations establish specific jurisdiction in the Golden State.

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Pot Company Once Allied With Influencer Wants Rehearing

By Mike Curley

A cannabis, spirits and vape company formerly associated with Instagram celebrity Dan Bilzerian is asking the Ninth Circuit for an en banc rehearing of a $1.6 million judgment against it, saying a panel of circuit judges ignored key facts when it found the company liable for breach of contract.

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TENTH CIRCUIT

Wind Farm Co. Asks 10th Circ. To Undo Osage Teardown Order

By Crystal Owens

Enel Green Power North American Inc. is asking the Tenth Circuit to reverse a lower court's $4.2 million judgment and order requiring it to remove 84 wind turbines from the Osage Nation reservation, arguing that its conclusion of continuing trespass for the retention of backfill rocks is unprecedented and illogical.

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ELEVENTH CIRCUIT

11th Circ. Suspends Atty For A Year Over Bogus Fee Requests

By Madison Arnold

The Eleventh Circuit has handed down a one-year suspension to a Maryland attorney for submitting bogus fees applications.

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NEW JERSEY

NJ Panel Revives Ex-Group Home Worker's Whistleblower Suit

By Carla Baranauckas

A New Jersey appeals court reinstated a group home worker's lawsuit alleging she was fired for raising concerns about staffing levels and training, reasoning Monday that she met the pleading standards for the state's whistleblower law.

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GEORGIA

Breakaway Firm Tells Ga. High Court To Nix Drew Eckl Dispute

By Adrian Cruz

Burke Moore Law Group LLP asked the Georgia Supreme Court on Monday to reject Drew Eckl & Farnham LLP's bid to review an appellate ruling that allowed Burke Moore to avoid arbitration over fees between Drew Eckl and its partners who previously practiced at the firm.

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COLORADO

Colo. Justices Say Insurer Can't Escape 'Economic Loss' Rule

By Thy Vo

Colorado Supreme Court justices on Monday said an insurer can't escape an economic loss rule that precludes parties from bringing tort claims over a breach of duty arising from a contract, holding that the rule has no exception for willful and wanton conduct and tossing the insurer's negligence claim over a restaurant fire.

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EXPERT ANALYSIS

6 Criteria Can Help Assess Executive Branch Actions

With new executive policy changes announced seemingly every day, several questions can help courts, policymakers and businesses determine whether such actions are proper, effective and in keeping with our democratic norms, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.

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10 Soft Skills Every GC Should Master

As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.

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LEGAL INDUSTRY

Baker Donelson Launches In NJ With 26 Epstein Becker Attys

By Jake Maher

Baker Donelson Bearman Caldwell & Berkowitz PC announced a major expansion into New Jersey on Monday with 26 attorneys joining the firm from Epstein Becker Green in new offices in Princeton and Iselin.

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Calif. Judges Who Lost Homes Sue LA Over Palisades Fire

By Bonnie Eslinger

A California federal judge and a retired federal magistrate judge whose homes were destroyed in the Pacific Palisades wildfire have sued the city of Los Angeles over the deadly inferno, saying two water reservoirs drained by the city's water department for repairs prior to the blaze substantially caused their losses.

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Litigation Funder Accused Of Not Protecting User Data

By Emily Sawicki

Florida-based national litigation funder US Claims Capital LLC failed to protect the personal data of users ahead of a January data breach, according to a proposed class action filed in federal court in Palm Beach on Monday.

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Billionaire Attorney Sues Miami Herald, Claiming Defamation

By Carolina Bolado

Billionaire Miami attorney John Ruiz has sued the Miami Herald and two of its reporters in Florida state court, alleging they defamed him by running a report saying he and his company MSP Recovery Inc. were the targets of federal criminal and civil investigations.

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Florida Federal Judge To Take Senior Status In August

By Courtney Bublé

President Donald Trump is gaining yet another federal judicial vacancy in his adopted state, Florida.

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Judge Purposely Shot Wife Dead, Orange County DA Sums Up

By Gina Kim

California state Judge Jeffrey Ferguson murdered his wife by drunkenly pointing a loaded gun at her during a heated argument and pulling the trigger, prosecutors said during closing arguments Monday, while defense counsel maintained he was fumbling with the gun because of a shoulder injury and it accidentally fired.

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GenapSys Fights Paul Hastings Bid To Ax Malpractice Suit

By James Mills

GenapSys Inc. is pushing back on Paul Hastings LLP's motion for summary judgment in the legal malpractice suit the gene sequencing company filed, contending it was not required to disclose the legal malpractice suit to a bankruptcy court.

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DOJ Pushes Chrome Sale To Solve Google Monopoly

By Bryan Koenig

The U.S. Department of Justice sought to shape the future of online search and artificial intelligence chatbots Monday with opening arguments pushing a D.C. federal judge to force Google to sell its Chrome browser and to "disrupt" the billions paid for default search engine status on iPhones, Firefox and more.

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LAW FIRMS IN TODAY'S NEWS

Argionis & Associates

Armas Bertran Pieri

Arnold & Porter

Baker & Hostetler

Baker Donelson

Big Fire Law

Binder & Schwartz

Bodell Bove

Boyden Gray

Bradley Arant

Burke Moore Law Group

Chadwick Washington

Chamberlain Hrdlicka

Cline Williams

Cozen O'Connor

Crenshaw Ware

DLA Piper

Dechert LLP

Drew Eckl

Epstein Becker

Fenwick & West

Foley Bezek

Gibson Dunn

Gordon Rees Scully Mansukhani

Gupta Wessler

Gutride Safier

Honigman LLP

Hueston Hennigan

Jenner & Block

Jones Day

K&L Gates

King & Spalding

Latham & Watkins

Lehotsky Keller

Lesnick Prince

Manatt Phelps

Margolis Edelstein

Mayer Brown

Milberg Coleman

Modrall Sperling

MoloLamken

Munger Tolles

Norman Wohlgemuth

Norton Rose

Patterson Belknap

Paul Hastings

Perkins Coie

Robbins Alloy

Robertson & Associates LLP

Ropes & Gray

Sanford Heisler

Sidley Austin

Skadden Arps

Spencer Fane

The Hadi Law Firm

Wachtell Lipton

Weil Gotshal

White and Williams

Williams & Connolly

Wilson Sonsini

COMPANIES IN TODAY'S NEWS

AT&T Inc.

Amazon.com Inc.

American Arbitration Association

Apple Inc.

Broadband iTV Inc.

CLS Bank International

CSX Corp.

Cano Health Inc.

Cargill Inc.

Charter Communications Inc.

Chevron Corp.

Community Associations Institute

CoreCivic Inc.

Costco Wholesale Corp.

DuckDuckGo Inc.

Electronic Frontier Foundation

Entropic Communications, Inc.

Equifax Inc.

Ford Motor Co.

Fort Point Capital

GenapSys Inc.

Google LLC

Ignite International Ltd.

Instagram Inc.

Interactive Brokers Group Inc.

LinkedIn Corp.

Los Angeles Department of Water and Power

MSP Recovery

Miami Herald Media Co.

Microsoft Corp.

Mozilla Corp.

National Treasury Employees Union

Norfolk Southern Corp.

PG&E Corp.

Public Citizen Inc.

Regents of the University of California

Resorts World Las Vegas

Samsung Electronics Co. Ltd.

Sears Holdings Corp.

T-Mobile US Inc.

The Home Depot Inc.

The Travelers Cos. Inc.

Tronc Inc.

U.S. Chamber of Commerce

Uber Technologies Inc.

University of Virginia

Verizon Communications Inc.

Yahoo Inc.

GOVERNMENT AGENCIES IN TODAY'S NEWS

Agency for Healthcare Research and Quality

Bureau of Alcohol Tobacco Firearms and Explosives

Cabazon Band of Mission Indians

Centers for Disease Control and Prevention

Colorado Supreme Court

Consumer Financial Protection Bureau

Delaware Court of Chancery

Federal Bureau of Investigation

Federal Bureau of Prisons

Federal Communications Commission

Federal Judicial Center

Financial Crimes Enforcement Network

Food and Drug Administration

Georgia Supreme Court

Mescalero Apache Tribe

Michigan Supreme Court

Mississippi Attorney General's Office

Nebraska Attorney General's Office

New York Supreme Court, New York County

Surface Transportation Board

U.S. Attorney's Office for the Eastern District of Virginia

U.S. Attorney's Office for the Northern District of Oklahoma

U.S. Attorney's Office for the Southern District of Florida

U.S. Bankruptcy Court for the Southern District of New York

U.S. Court of Appeals for the District of Columbia Circuit

U.S. Court of Appeals for the Eleventh Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. Court of Appeals for the Fifth Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Ninth Circuit

U.S. Court of Appeals for the Second Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. Department of Health and Human Services

U.S. Department of Homeland Security

U.S. Department of Justice

U.S. Department of Labor

U.S. Department of the Treasury

U.S. District Court for the District of Columbia

U.S. District Court for the District of Maryland

U.S. District Court for the Eastern District of Texas

U.S. District Court for the Middle District of Florida

U.S. District Court for the Southern District of Florida

U.S. District Court for the Southern District of Mississippi

U.S. District Court for the Southern District of New York

U.S. Office of Personnel Management

U.S. Postal Service

U.S. Securities and Exchange Commission

U.S. Senate

U.S. Supreme Court

United States District Court for the District of Nevada

United States District Court for the Northern District of Oklahoma

Virginia Port Authority

White Mountain Apache Tribe

Winnebago Tribe