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Appellate

  • May 19, 2025

    9th Circ. Weighs 'WallStreetBets' Ownership In Reddit TM Suit

    The Ninth Circuit on Monday wrestled with whether the founder of Reddit Inc.'s WallStreetBets forum owns the name or if it belongs to the platform, with a judge at one point wondering whether the parties could find a way to coexist.

  • May 19, 2025

    Cheesesteak Shop Owner's Sentence For Tax Scheme Vacated

    A Philadelphia cheesesteak shop owner sentenced to almost two years in prison for a conspiracy to pay employees under the table could get a lighter sentence after the Third Circuit ruled he was wrongly given extra time for swaying workers who were actually in on the tax scheme.

  • May 19, 2025

    5th Circ. Says EPA Flubbed Texas Air Finding, Must Redo

    A Fifth Circuit panel on Friday said the U.S. Environmental Protection Agency erred in determining that two Texas counties had failed to meet air quality standards for sulfur dioxide, handing a victory to the state and Vistra Corp.

  • May 19, 2025

    9th Circ. Backs Family's Win In Suit Over Denied Benefits

    The Ninth Circuit declined to upend a guild member's win in his lawsuit challenging his healthcare plan's decision to deny coverage for his son's mental health treatments, but said a lower court was wrong to award the family additional damages on their breach of fiduciary duty claim.

  • May 19, 2025

    Justices OK Tossing Copyright Case Against Ta-Nehisi Coates

    A man who says author and journalist Ta-Nehisi Coates copied his work without permission lost his case at the U.S. Supreme Court after a majority of the justices recused themselves from the dispute.

  • May 19, 2025

    Fed. Circ. Sides With Samsung In PTAB Fight With Power2B

    Samsung on Monday won a fight at the Federal Circuit over Patent Trial and Appeal Board decisions regarding a pair of patents on stylus detection technology, finding all the challenged claims were unpatentable.

  • May 19, 2025

    Calif. Landowners Seek Review Of 7th Amendment Precedent

    A group of Northern California landowners has asked the U.S. Supreme Court to hear a case arguing that the constitutional right to a jury trial should apply in instances of local law enforcement issuing civil penalties for alleged illicit marijuana growing.

  • May 19, 2025

    Fed. Circ. Sends TM Fight Over Perfume Mark Back To TTAB

    The Federal Circuit on Monday found that a trademark tribunal wrongly dismissed Sferra Fine Linens' opposition to Sfera Joven's trademark application, remanding the case with a directive that some of the likelihood-of-confusion factors be reanalyzed.

  • May 19, 2025

    NY AG Blasts Ski Resort Owner's Antitrust Fixes

    The New York Attorney General's Office has told a state court that alternative fixes being offered by a ski resort owner found to have violated antitrust law by buying and closing a competitor would "entrench the very monopoly" the court found illegal.

  • May 19, 2025

    Fla. Judge Resigns Amid Call For Removal Over 'Bigot' Remark

    A Florida judge who accused her opponent of antisemitism and bigotry said she will resign from the bench after the Florida Judicial Qualifications Commission "reluctantly, but of necessity" recommend her removal.

  • May 19, 2025

    Doc Loses 4th Circ. Fight Over $5.5M Order After FCA Deal

    A North Carolina district court was right to reject a doctor and his wife's request to overturn or modify a $5.5 million judgment against them for allegedly hiding assets after settling a previous False Claims Act case with the government, the Fourth Circuit ruled Monday.

  • May 19, 2025

    Split DC Circ. Pauses Halt On Trump's Union Rights Order

    A divided D.C. Circuit panel greenlighted President Donald Trump's request to pause a lower court decision that blocked the implementation of an executive order aimed at ending collective bargaining rights for federal employees, concluding the injunction ruling "ties the government's hands."

  • May 19, 2025

    Justices Pass On Insurers' Tribal Jurisdiction Challenge

    The U.S. Supreme Court will not review a Ninth Circuit decision ordering insurers to litigate the Suquamish Tribe's COVID-19 coverage claims in tribal court in a case that addressed tribal jurisdiction over nonmember insurance companies, according to a Monday order list.

  • May 19, 2025

    'Stark' Pay Data May Revive NY Court Interpreters' Bias Suit

    Second Circuit judges Monday signaled interest in reviving a pay discrimination case brought by interpreters working for the New York State Unified Court System, as one jurist remarked on "stark" data showing they're "underpaid" and voiced curiosity about what discovery might reveal.

  • May 19, 2025

    2 Menendez Associates Must Await Appeal Behind Bars

    The Second Circuit rejected bids by two of the businessmen convicted of bribing ex-U.S. Sen. Robert Menendez to avoid prison pending their appeal on a blockbuster corruption conviction.

  • May 19, 2025

    Justices Decline GOP Bid To Challenge Michigan Voting Laws

    The U.S. Supreme Court on Monday turned away Michigan legislators who sued over election measures adopted by Great Lakes State voters, leaving in place a Sixth Circuit ruling that the individual lawmakers lacked standing.

  • May 19, 2025

    Justices Allow End Of Temporary Protections For Venezuelans

    The U.S. Supreme Court ruled Monday that the Trump administration may rescind temporary protected status for Venezuelans, lifting a California federal judge's order requiring the government to keep Biden-era removal protections and work authorizations in place during a legal battle over a policy change.

  • May 19, 2025

    Justices Won't Hear White Ga. Coach's Bias Suit

    The U.S. Supreme Court on Monday declined to review an Eleventh Circuit decision that ended a white Georgia high school football coach's claims that Black school board members declined to renew his contract on account of his race.

  • May 19, 2025

    Justices Decline Fireworks Co.'s Challenge To CPSC Notices

    The U.S. Supreme Court on Monday declined to review a firework importer's challenge to U.S. Consumer Product Safety Commission notices that said the products violated federal standards, leaving in place a Fourth Circuit decision that informal agency notices are not final actions under the Administrative Procedure Act.

  • May 19, 2025

    High Court Won't Hear Insurer's Calif. COVID Tribal Dispute

    The U.S. Supreme Court declined to take up an insurance company's bid to undo a Ninth Circuit ruling affirming that the Cabazon Band of Cahullia Indians' tribal court has jurisdiction over its members' suit that seeks millions in COVID-19 pandemic loss coverage after its California casino temporarily closed.

  • May 16, 2025

    DC Circ. Judges Skeptical Of Blockade On ÃÛÌÒÊÓÆµ Mass Layoffs

    A D.C. Circuit panel majority Friday sounded inclined to lift lower court restrictions on what the Trump administration contends is its lawful push to "radically downsize" the Consumer Financial Protection Bureau, potentially clearing the way for mass layoffs of its staff.

  • May 16, 2025

    Woman Can't Get Bond After Arrest Near Border, Board Rules

    The Board of Immigration Appeals affirmed Friday that a woman who Interpol wanted to be arrested is ineligible for release on bond, rejecting her contention that she was detained near the border under a certain section of federal immigration law that allows for her release.

  • May 16, 2025

    Name Mix-Up Costs Lender Property Claim, 5th Circ. Says

    A name mix-up in a petition will cost a lending company its claim to an interest in property forfeited in a criminal fraud case, the Fifth Circuit ruled Friday, agreeing with a Texas federal judge that the drafting error was fatal.

  • May 16, 2025

    9th Circ. Revives Nicaraguan Family's Asylum Bid

    A split Ninth Circuit panel on Friday revived a Nicaraguan family's bid for deportation relief, saying an immigration judge improperly handled their claims of persecution stemming from a mother's participation in a 2018 march protesting the country's Ortega regime.

  • May 16, 2025

    9th Circ. Mulls DOJ Shield Of Jones Day VW Documents

    A Ninth Circuit panel on Friday questioned whether it could force the U.S. Department of Justice to hand over confidential Volkswagen documents it obtained through a grand jury subpoena that were part of Jones Day's internal investigation into the automaker's 2015 emissions-cheating scandal.

Expert Analysis

  • 1st Circ. IMessage Ruling Illustrates Wire Fraud Circuit Split

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    The First Circuit’s recent decision that text messages exchanged wholly within Massachusetts but transmitted by the internet count as interstate commerce spotlights a split in how circuits interpret intrastate actions under the federal wire fraud statute, perhaps prompting U.S. Supreme Court review, say attorneys at ArentFox Schiff.

  • 4 Ways Women Attorneys Can Build A Legal Legacy

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    This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

  • Justices' Revival Ruling In Bias Suit Exceeds Procedural Issue

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    The U.S. Supreme Court's recent ruling in Waetzig v. Halliburton allowed the plaintiff in an age discrimination lawsuit to move to reopen his case after arbitration, but the seemingly straightforward decision on a procedural issue raises complex questions for employment law practitioners, says Christopher Sakauye at Dykema.

  • Cleanup Claim Characterization Key For Timeliness Inquiry

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    The Tenth Circuit's recent ruling in Atlantic Richfield Co. v. NL Industries, determining that ARCO's contribution claim was timely, highlights the importance of accurately characterizing a claim for recoupment of environmental cleanup costs as a cost-recovery action or contribution to avoid dismissal or recharacterization of the claim, say attorneys at Spencer Fane.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

  • A Closer Look At Money Laundering Sentencing Issues

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    Federal money laundering cases are on the rise, often involving lengthy prison sentences for defendants who have little to no criminal history, but a closer look at the statistics and case law reveal some potentially valuable arguments that defense attorneys should keep in their arsenal, says Sarah Sulkowski at Gelber & Santillo.

  • Justices Likely To Issue Narrow Ruling In $1.3B Award Dispute

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    After last week's argument in Devas v. Antrix, the Supreme Court appears likely to reverse the holding that minimum contacts are required before a federal court may exercise personal jurisdiction over a foreign state and remand the case for further litigation on other important constitutional questions, say attorneys at Cleary. 

  • Pleading Rules At Stake In High Court Hamas Banking Case

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    While a case between victims of Hamas terrorist attacks and a Lebanese bank, recently argued before the U.S. Supreme Court, appears to ask a narrow question of which civil procedure rules apply to requests to reopen final judgments, how the justices rule could drastically change pleading strategies for future plaintiffs, say attorneys at Dorsey & Whitney.

  • What's At Stake In High Court Transgender Care Suit

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    The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.

  • Considerations As Trump Admin Continues To Curtail ÃÛÌÒÊÓÆµ

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    Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.

  • 6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'

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    The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.

  • NCAA Rulings Signal Game Change For Athlete Classification

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    A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.

  • Copyright Ruling Could Extend US Terminations Worldwide

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    If upheld on appeal, Vetter v. Resnik, a recent ruling from a Louisiana federal court, could extend the geographical scope of U.S. copyright termination rights to foreign territories, say attorneys at Manatt.

  • Recent Cases Clarify FCA Kickback Pleading Standards

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    Two recently resolved cases involving pharmaceutical manufacturers may make it more difficult for False Claims Act defendants facing kickback scheme allegations to get claims dismissed for lack of evidence, say Li Yu at Bernstein Litowitz, Ellen London at London & Noar, and Gregg Shapiro at Gregg Shapiro Law.

  • Bankruptcy Ruling Provides Guidance On 363 Asset Sales

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    HE v. Avadim Holdings, a recent ruling from the District of Delaware, underscores the principle that rejection of executory contracts does not unwind completed transfers of property and the importance of clear and precise language in sale orders and asset purchase agreements in bankruptcy cases, say attorneys at Eversheds Sutherland.

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