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Eight Is Not Enough: Ninth Circuit Denies En Banc Review in a Takings Clause Case Over Dissenting Votes of Eight Circuit Judges
Who Me? Couldn’t Be: Eleventh Circuit Finds Plaintiffs Lack Standing to Sue Ala. Attorney General in Equal Protection Lawsuit

Who Me? Couldn’t Be: Eleventh Circuit Finds Plaintiffs Lack Standing to Sue Ala. Attorney General in Equal Protection Lawsuit

January 7, 2020

Plaintiffs often select a state’s Attorney General, the official who ordinarily exercises power to enforce state laws, as the defendant to sue in cases involving a constitutional challenge to a state law.

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Deciding When a Misstatement to a Court Makes a Mockery of the Judicial System

Deciding When a Misstatement to a Court Makes a Mockery of the Judicial System

November 7, 2019

When a litigant makes a statement to one court, and later makes a contradictory statement to another court, what must the other party show to prove the litigant intended to make a mockery of the judicial system?

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Cow Manure Meets Insurance Law: Seventh Circuit Addresses Breach of Contract Exclusions in Malpractice Insurance

Cow Manure Meets Insurance Law: Seventh Circuit Addresses Breach of Contract Exclusions in Malpractice Insurance

October 28, 2019

Errors and omissions (E&O) and directors and officers (D&O) professional liability insurance policies commonly contain breach of contract endorsements that exclude coverage for claims “based upon or arising out of” a breach of contract. Whether this typical breach of contract exclusion is enforceable has now been called into doubt, where they are construed to exclude third-party claims.

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Seventh Circuit Reins in Federal Trade Commission's Implied Powers

Seventh Circuit Reins in Federal Trade Commission's Implied Powers

September 9, 2019

The Seventh Circuit overturns long-standing precedent, and creates a circuit split, to limit the FTC’s authority to seek restitution.

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Let’s Get Political: Fourth Circuit Protects Maryland Voter List as “Political Speech”

Let’s Get Political: Fourth Circuit Protects Maryland Voter List as “Political Speech”

July 22, 2019

Can the First Amendment apply to laws that selectively release government information to certain people for certain purposes?

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Ninth Circuit Dials Back Robocall Exemption for Government Debt

Ninth Circuit Dials Back Robocall Exemption for Government Debt

June 26, 2019

The Ninth Circuit is now the second federal court of appeals to strike the debt-collection exemption as unconstitutional.

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Cracks in the Armor?

Cracks in the Armor?

June 17, 2019

In another defense-favorable Section 230 ruling, the DC Circuit dismissed claims against tech companies brought by more than a dozen locksmith companies.

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No Soup for You!

No Soup for You!

June 10, 2019

An 11-year-old boy required to eat his homemade, gluten-free chicken sandwich outside a restaurant on a school field trip will get to take his case to trial.

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David A. Karp

David A. Karp
Of Counsel

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Sylvia H. Walbolt

Sylvia H. Walbolt
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