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Appellate

  • July 31, 2025

    Energy Co. Tells 4th Circ. Land Access Needed For Power Line

    A Public Service Energy Group unit trying to build a 67-mile transmission line in Maryland asked the Fourth Circuit to deny property owners' bid to keep it off their lands, arguing it has a right to complete surveys needed for regulatory approvals.

  • July 31, 2025

    2nd Circ. Reverses OpenSea Crypto Insider Trading Conviction

    The Second Circuit on Thursday overturned the fraud conviction of a former OpenSea manager accused of insider trading on non-fungible token sales on his employer's platform, finding that a Manhattan jury may have convicted him "based on conduct that it found to be unethical rather than fraudulent."

  • July 30, 2025

    3rd Circ. Won't Upend Investors' Class Cert. In J&J Talc Suit

    A split Third Circuit on Wednesday upheld a New Jersey federal judge's class certification order in a Johnson & Johnson investor action alleging the company artificially inflated its stock price by failing to disclose cancer risks associated with its talcum powder products, finding the lower court did not err in concluding that common issues predominate in the suit.

  • July 30, 2025

    Wash. Ex-Officer's Conviction Upheld In Plot To Shoot Him

    A former Washington corrections officer cannot overturn conspiracy convictions for persuading his sister to shoot him at work, a state appellate panel has ruled.

  • July 30, 2025

    2nd Circ. Backs Live Well Founder's Bond Fraud Convictions

    The Second Circuit affirmed convictions for Live Well's founder for inducing lenders to extend credit by jacking up bond valuations to increase its debt and borrow against it, ruling Wednesday jurors had enough evidence to determine he misrepresented the value of collateral to secure loans and did so with fraudulent intent.

  • July 30, 2025

    High Court Urged To Review Ineffective-Counsel Case

    A man who threatened to sue his civil lawyer for malpractice has asked the U.S. Supreme Court to take up his case and find that such a situation creates an automatic conflict of interest when the same lawyer was also defending him in a criminal case.

  • July 30, 2025

    11th Circ. Revives Ga. Atty's Race Bias Suit Against State Bar

    The Eleventh Circuit has revived a Georgia attorney's suit accusing the state's bar association of racial bias, finding that a district court wrongly dismissed the case for lack of jurisdiction.

  • July 30, 2025

    No Philly Clause Is Valid In Med Mal Case, Pa. Panel Says

    A Pennsylvania appellate panel said Wednesday that a contract a patient signed before surgery mandating that any legal actions must be heard in Bucks County is valid and enforceable, affirming a trial court's transfer of the medical malpractice suit from plaintiff-friendly Philadelphia County.

  • July 30, 2025

    NFT Trademark Ruling Highlights Free Speech Limits In Art

    In ruling that nonfungible tokens qualify as trademarks, the Ninth Circuit last week followed guidance from the U.S. Supreme Court that the First Amendment cannot always protect expressive marks from infringement.

  • July 30, 2025

    9th Circ. Upholds Life Sentences In Kidnapping Case

    The Ninth Circuit ruled Tuesday that a man must continue to face two life sentences for his role in the kidnapping of a California medical marijuana dispensary owner who the kidnappers wrongly believed had $1 million buried in the Mojave Desert.

  • July 30, 2025

    Fed. Circ. Affirms Dumping Margin For Turkish Steel Products

    The Federal Circuit has affirmed a U.S. Court of International Trade ruling upholding an antidumping order on Turkish hot-rolled flat steel products from an exporter that failed to prove that the U.S. government's dumping rate determination was unlawful.

  • July 30, 2025

    6th Circ. Unsure It Can Toss Papa John's Leaked Audio Suit

    The Sixth Circuit grappled Wednesday with the fate of a lawsuit that the founder of Papa John's brought against a marketing agency alleging it leaked comments that led to his resignation, with one judge questioning the appellate court's jurisdiction to decide if a valid confidentiality agreement existed.

  • July 30, 2025

    Fla. RV Park's Suit Against Insurance Broker Revived

    A Florida appeals court on Wednesday revived a recreational vehicle park's claims that its insurance broker failed to get comprehensive insurance coverage and left the park owner on the hook for more than $1 million in hurricane damage to its RV hookup towers.

  • July 30, 2025

    9th Circ. Tells DOL To Hand Over Workforce Data To Reporters

    The Ninth Circuit said Wednesday that the U.S. Department of Labor must release federal contractor demographic reports to the Center for Investigative Reporting, backing a lower court's order that the data can't be concealed from the public under the concern that it contains commercial information.

  • July 30, 2025

    Mich. Appeals Panel Settles Split On Notice Rule Retroactivity

    A special Michigan Court of Appeals panel said on Tuesday that a state high court ruling enforcing a notice requirement for lawsuits against the state is retroactive, resolving a conflict within the intermediate appellate court and upholding the dismissal of a correction worker's suit.

  • July 30, 2025

    8th Circ. Tosses Ruling Striking Binding NEPA Regulations

    The Eighth Circuit has granted blue states' bid to vacate a ruling that faulted the White House Council on Environmental Quality for issuing binding regulations under the National Environmental Policy Act, following the Trump administration's decision to withdraw those regulations.

  • July 30, 2025

    Virgin Atlantic Avoids $1M Default In Food Poisoning Suit

    A California appeals court won't reinstate a $1 million default judgment against Virgin Atlantic Airways Limited in a suit by a man who alleged he got food poisoning on a flight, saying he did not properly serve the complaint on the company.

  • July 30, 2025

    Gas Co., Fired Exec Agree To End Stock Options Dispute

    A former executive agreed to resolve her lawsuit accusing a gas company of refusing to let her exercise millions of dollars' worth of stock options and then firing her for complaining, a filing in Virginia federal court said.

  • July 30, 2025

    Husband's Rape Conviction Upheld By Ohio Appeals Court

    An appeals court panel in Ohio has refused to overturn the conviction of a man accused of raping his wife, after the state's Supreme Court reversed an initial decision by the lower appellate court to vacate the conviction for lack of evidence.

  • July 30, 2025

    'Peace Promoter's' Bitcoin Sentencing Upheld At 1st Circ.

    A church founder and self-described "peace promoter" must serve an eight-year sentence, the First Circuit affirmed, rejecting his argument that the U.S. Department of the Treasury overstepped its bounds by charging him with tax evasion and a slew of other crimes tied to a Bitcoin operation he founded in 2014.

  • July 30, 2025

    Insurer Atty 'Error' Dooms Arbitration Bid In Fla. Injury Suit

    A Florida appellate court on Wednesday agreed with a trial court that a West Palm Beach prep school has abandoned its right to arbitrate cheerleading injury claims brought by a student by filing a response to the complaint, rejecting the school's argument that its insurer-provided lawyer was unauthorized to represent it.

  • July 30, 2025

    Justices Urged To OK Bankruptcy Courts As Tax Debt Venues

    Bankruptcy courts are authorized to decide the amount and legality of nondischargeable tax claims, an Indiana couple told the U.S. Supreme Court in a bid to overturn a Seventh Circuit ruling to the contrary.

  • July 30, 2025

    Calif. Tribe Says 70-Acre Casino Land Fight Must Continue

    The Federated Indians of Graton Rancheria are fighting a bid by a fellow California tribe to pause their challenge to the U.S. Department of the Interior's decision to take 70 acres into trust for a casino project while a sovereign immunity order is appealed to the Ninth Circuit.

  • July 30, 2025

    Unauthorized Blood Draw Upends Fatal Crash Sentence In Pa.

    In a precedential ruling, the Pennsylvania Superior Court held that the rights of a man convicted of vehicular homicide while driving under the influence of alcohol were violated because hospital staff took it upon themselves to conduct a blood draw without a warrant from law enforcement.

  • July 30, 2025

    11th Circ. Considers If TCPA's Fax Provisions Are 'Procedural'

    A doctor who sued two medical providers for allegedly sending more than 14,000 unsolicited fax advertisements in 2022 urged the Eleventh Circuit to overturn a district court's denial of class certification, arguing the lower court wrongly found users of online fax services lack standing to sue under the Telephone Consumer Protection Act. 

Expert Analysis

  • Series

    Playing Soccer Makes Me A Better Lawyer

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    Soccer has become a key contributor to how I approach my work, and the lessons I’ve 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’Byrne at MoFo.

  • What To Do When Congress And DOJ Both Come Knocking

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    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.

  • Series

    Law School's Missed Lessons: Learning From Failure

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    While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — 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.

  • Eye Drop Ruling Clarifies Importance Of Patent Phrasing

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    The Federal Circuit's recent ruling in Eye Therapies v. Slayback, rejecting the Patent Trial and Appeal Board's interpretation of "consisting essentially of," highlights the importance of using clear and consistent terms throughout a patent's filing history to shield it against future challenges, says Liliana Di Nola-Baron at Panitch Schwarze.

  • Midyear Rewind: How Courts Are Reshaping VPPA Standards

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    The first half of 2025 saw a series of cases interpreting the Video Privacy Protection Act as applied to website tracking technologies, including three appellate rulings deepening circuit splits on what qualifies as personally identifiable information and who qualifies as a consumer under the statute, say attorneys at Perkins Coie.

  • How Justices' Ruling On NEPA Reviews Is Playing Out

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    Since the U.S. Supreme Court's May decision in Seven County Infrastructure Coalition v. Eagle County, narrowing the scope of agencies' required reviews under the National Environmental Policy Act, the effects of the ruling are starting to become visible in the actions of lower courts and the agencies themselves, say attorneys at Saul Ewing.

  • Series

    Adapting To Private Practice: From ATF Director To BigLaw

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    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’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.

  • Reverse Bias Rulings Offer Warning About DEI Quotas

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    Several recent holdings confirm that targeted or quota-based diversity programs can substantiate reverse discrimination claims, especially when coupled with an adverse action, so employers should exercise caution before implementing such policies in order to mitigate litigation risk, says Noah Bunzl at Tarter Krinsky.

  • 4th Circ. Favors Plain Meaning In Bump-Up D&O Ruling

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    The Fourth Circuit's latest denial of indemnity coverage in Towers Watson v. National Union Fire Insurance and its previous ruling in this case lay out a pragmatic approach to bump-up provisions that avoids hypertechnical constructions to limit the effect of a policy's plain meaning, say attorneys at Kennedys.

  • A Look At Key 5th Circ. White Collar Rulings So Far This Year

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    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.

  • High Court Cert Spotlights Varying Tests For Federal Removal

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    A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.

  • Rule 23 Class Certification Matters In Settlements, Too

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    The U.S. Supreme Court's recent ruling in Trump v. CASA Inc. highlighted requirements for certifying classes for litigation in federal court, but counsel must also understand how Rule 23 of the Federal Rules of Civil Procedure may affect certifying classes for settlement purposes, say attorneys at Sidley.

  • Contract Disputes Recap: Privity, Pressure, Procedural Traps

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    Three recent decisions from the Civilian Board of Contract Appeals, the Federal Circuit and the U.S. Court of Federal Claims offer fresh lessons for contractors navigating the procedural edge of Contract Disputes Act litigation, says Zachary Jacobson at Seyfarth.

  • Series

    Playing Baseball Makes Me A Better Lawyer

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    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 Swift Currie.

  • 3rd Circ. Bias Ruling Offers Safety Policy Exception Lessons

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    The Third Circuit's decision in Smith v. City of Atlantic City, partially reinstating a religious bias suit over a policy requiring firefighters to be clean-shaven, cautions employers on the legal risk of including practical or discretionary exceptions in safety procedures, say Joseph Quinn and Mark Schaeffer at Cozen O'Connor.

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