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Polsinelli

Federal Circuit Denies Challenges to USPTO Director’s Discretionary Denial Decisions

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Key Takeaways - The Federal Circuit upheld the USPTO director’s discretion to deny IPRs, rejecting due process and APA challenges to the agency’s evolving policy framework....more

Morgan Lewis

California Court Requires Insurer to Defend Privacy Class Action Despite Coverage Exclusions

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The US District Court for the Northern District of California recently held that an insurer had a duty to defend an online therapy company in a privacy class action, rejecting arguments that “related acts” and “prior...more

Loeb & Loeb LLP

OneTaste Incorporated v. Netflix, Inc.

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In defamation action brought against Netflix based on documentary stating that plaintiff was involved in the sexual assault and abuse of a former employee, California appeals court affirms striking of complaint because...more

Maison Law

HOA Liability for Common Area Injuries in California

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A personal injury claim refers to a legal action brought by someone who has suffered an injury caused by another's negligence, recklessness, or willful misconduct. A large number of California's roughly 50,000 Homeowners...more

Robinson+Cole Class Actions Insider

Appeal Bonds: A Strategic Tool in Appeals of Class Action Settlements

When a class action settlement is objected to and subsequently approved by the court, objectors sometimes appeal, which can substantially delay the settlement process including distribution of settlement funds to class...more

Epstein Becker & Green

Outside Counsel’s Internal Investigations—Including Those Relating to Health Care—Are Privileged and Protected from Disclosure

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In Summer 2025, the U.S. Court of Appeals for the Sixth Circuit issued a strongly worded decision in In Re: FirstEnergy Corporation (No. 24-3654)—confirming the core concept that internal investigations conducted by counsel...more

EDRM - Electronic Discovery Reference Model

The AI Advantage in Discovery: How AI is Already Driving Efficiency and Defensibility

Artificial intelligence is no longer an emerging concept in e-discovery—it’s a working reality. Every day, legal and compliance teams are using AI to search smarter, classify faster, and review with greater precision. Yet...more

Alston & Bird

Patent Case Summaries | Week Ending October 31, 2025

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Merck Serono S.A. v. Hopewell Pharma Ventures, Inc., Nos. 2025-1210, -1211 (Fed. Cir. (P.T.A.B.) Oct. 30, 2025). Opinion by Linn, joined by Hughes and Cunningham. Merck owns two patents directed to methods of treating...more

McDonnell Boehnen Hulbert & Berghoff LLP

Aortic Innovations LLC v. Edwards Lifesciences Corp. (Fed. Cir. 2025)

In a seemingly otherwise run-of-the-mill, albeit precedential, decision, the Federal Circuit affirmed a stipulated judgment of non-infringement in Aortic Innovations LLC v. Edwards Lifesciences Corp....more

Klein Moynihan Turco LLP

It’s A Brave New World for TCPA Claims

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After the United States Supreme Court’s decision in McKesson, readers of this blog know that companies facing Telephone Consumer Protection Act (“TCPA”) allegations have raised challenges to these claims on grounds...more

A&O Shearman

Objection! Use it or lose it? Court of Appeal examines when a late jurisdictional objection may still be permitted

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Under ss. 31 & 73 of the Arbitration Act, late jurisdictional objections may nonetheless be permissible if a counterparty does not object to the lateness and a tribunal goes on to decide the objection in an award. If a party...more

Orrick, Herrington & Sutcliffe LLP

District court certifies class in ‘pay-to-pay’ fee case

On November 3, the U.S. District Court for the Northern District of West Virginia certified a class in a class action case alleging a federal credit union charged fees in connection with monthly loan payments that violated...more

Winstead PC

Court Held That The TCPA Did Not Apply To A Sanctions Motion In A Trust Dispute And That Contingent Remainder Beneficiaries Had...

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In White v. White, plaintiffs sued their uncles and their aunts for breaches of fiduciary duties related to the uncles’ individual trusts. No. 03-24-00110-CV, 2025 Tex. App. LEXIS 3643 (Tex. App.—Austin May 29, 2025, no...more

Lathrop GPM

Illinois Federal Court Transfers TCPA Class Action against Manufacture and Seller

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A federal court in Illinois recently transferred a Washington resident’s putative class action to Washington, finding the Northern District of Illinois lacked jurisdiction over a Washington-based defendant, Northwest Bath...more

Winstead PC

Court Holds That An Estate Beneficiary Does Not Have Standing To Bring Claims Owned By The Estate While The Estate Is Pending

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In Serna v. Banks, the central legal issue addressed was whether an heir has standing to bring tort claims (such as breach of fiduciary duty, conversion, fraud, and negligence) for property belonging to a decedent’s estate...more

Carlton Fields

Florida Appeals Court Decisions Week of November 3 - 7, 2025

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U.S. Eleventh Circuit Court of Appeals - USA v. Miller - sentencing - USA v. Carter - sex trafficking, evidence, Confrontation Clause, constructive amendment - Aguirre-Jarquin v. Hemmert - § 1983, IIED, qualified...more

Fox Rothschild LLP

Should I Appeal My Terminated Grants in District Court or the Court of Federal Claims?

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In 2025, the government has canceled or discontinued billions of dollars in federal grants. Entities seeking to challenge these terminations have faced uncertainty as to which forum is appropriate for such claims. A federal...more

Seyfarth Shaw LLP

Third Circuit Clarifies that FLSA Claims May Be Released by Absent Class Members

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The Third Circuit held that Section 216(b) of the FLSA does not prohibit the release of FLSA claims in an opt-out class-action settlement. Settling “hybrid” cases in the Third Circuit just became easier for parties...more

Foster Swift Collins & Smith

Can You Get a “Do-Over” Divorce?

On September 12, 2025, the Court of Appeals told us to think ahead because you do not get a “do-over” divorce. ...more

Freiberger Haber LLP

“Variety is the Spice of Life” — Service of Process under CPLR 308(4)

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William Cowper, in his Eighteenth-Century poem “The Task,” coined the phrase “Variety’s the very spice of life.” Today, this phrase is used in many contexts; albeit not so frequently when discussing service of process under...more

Littler

Littler Lightbulb – October 2025 Employment Appellate Roundup

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Seventh Circuit Affirms Summary Judgment for University in Professor’s Race Bias Suit Saud v. DePaul University, 154 F.4th 563 (7th Cir. 2025), involved a former university professor’s claim of race discrimination in...more

Falcon Rappaport & Berkman LLP

Bankruptcy Court Grants In Rem Relief to Creditor, Strengthening Protections Against Serial Bankruptcy Filers

In a recent decision that reinforces creditor protections against serial bankruptcy filers, the United States Bankruptcy Court for the Eastern District of California granted in rem stay relief under Section 362(d)(4) of the...more

Goldberg Segalla

Order Granting Defendant Stephan Co’s Motion to Dismiss for Lack of Personal Jurisdiction

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Court: Business and Consumer Court of Maine, Cumberland County - In this matter, Stephan Co. (“Stephan”) filed a motion to dismiss for lack of personal jurisdiction. The plaintiff, Jan Cuthbertson (“Plaintiff”), lives in...more

Bailey & Glasser, LLP

"Is the Future of the Civil Trial Hybrid? Federal Rules Committee Considering Amendments to FRCP 43"

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Future amendments to the Federal Rules of Civil Procedure may make it easier to use remote witness testimony in federal civil trials. The Advisory Committee in charge of proposing Civil Rules amendments recently signaled that...more

Ervin Cohen & Jessup LLP

The High Price of Delay: California's SB 261 and the Triple Penalty

The landscape of wage enforcement in California has fundamentally changed with the enactment of Senate Bill 261 (SB 261), a law designed to eliminate the otherwise questionable strategy of ignoring wage judgments. ...more

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