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Appellate

  • July 11, 2025

    Calif. Panel Says Arbitration Provider Immune From Fraud Suit

    An arbitration provider is immune from a logistics company's suit accusing it of not properly vetting its arbitrators, including one who oversaw a wage and hour suit against the company, a California appeals panel ruled, affirming a lower court's decision to nix the case.

  • July 11, 2025

    11th Circ. Won't Reinstate Worker's ERISA Arbitration Award

    A divided Eleventh Circuit panel refused to restore a former water treatment company director's arbitration award of about $129,000 on claims that he should've been offered severance when demoted to a consultant, saying an arbitrator erroneously decided a federal benefits law claim the worker never raised.

  • July 11, 2025

    11th Circ. Revives Black Worker's Promotion Bias Suit

    The Eleventh Circuit revived a Black worker's suit alleging a Georgia county wouldn't promote her to a more senior tax appraisal position out of racial discrimination, ruling that a jury needs to determine whether she was held to higher standards of qualifications than her non-Black peers.

  • July 11, 2025

    7th Circ. Tosses Korean Samsung Arm From Vape Battery Suit

    The Seventh Circuit won't revive a minor's claims against South Korea-based Samsung SDI Co. Ltd. over his injuries from an exploding vape battery, saying there's too much of a "disconnect" between the company's marketing of batteries for use in battery packs and finished products and the sale of an individual battery like the one in this case.

  • July 10, 2025

    $33M Sonos Appeal Has Fed. Circ. Asking: What's Up, Alsup?

    A Federal Circuit panel struggled Thursday to piece together the different interpretations of what U.S. District Judge William Alsup decided before upending Sonos Inc.'s $32.5 million jury verdict against Google LLC, with one judge claiming disbelief that there could be such a "fundamental disconnect" between the companies' understandings.

  • July 10, 2025

    Penn Hospital Can't Escape Record $207M Med Mal Judgment

    A Pennsylvania appeals court on Thursday affirmed a record $187 million verdict and subsequent $207 million judgment in a suit accusing the Hospital of the University of Pennsylvania of causing a newborn's catastrophic birth injuries, saying the award did not "shock the conscience" given the evidence presented at trial.

  • July 10, 2025

    9th Circ. Sides With Civil Aid Attys In H-2A Farm Docs Dispute

    A Ninth Circuit panel said Thursday that a lower court overstepped its authority by restricting a civil legal aid organization from using for advocacy purposes information that was gathered during discovery in a class of seasonal farmworkers' now-settled forced labor case against a Washington fruit grower.

  • July 10, 2025

    9th Circ. Upholds Converse's Win In Website Chat Wiretap Suit

    The Ninth Circuit has refused to revive a proposed class action accusing Converse Inc. of allowing a third-party vendor to intercept website visitors' chats, finding that there was "no evidence" that the sneaker maker had violated the California Invasion of Privacy Act.

  • July 10, 2025

    Trump Taps Holland & Hart Partner For Montana Bench

    President Donald Trump announced on social media Thursday he has chosen a Holland & Hart LLP partner and veteran government attorney to serve on the federal bench in Montana.

  • July 10, 2025

    Fed. Circ. Backs Novartis PTAB Win Over Shilpa MS Patent

    The Federal Circuit on Thursday issued a one-word order affirming a Patent Trial and Appeal Board decision invalidating claims in a Shilpa Pharma Inc. patent that it has accused Novartis Pharmaceuticals Corp. of infringing with the drugmaker's multiple sclerosis drug.

  • July 10, 2025

    Uber, Instacart Fight Seattle's Driver Rights Law At 9th Circ.

    A Ninth Circuit panel appeared split on Thursday while hearing Uber and Instacart's challenge to a Seattle city ordinance regulating deactivation of app-based worker accounts, with the judges seemingly at odds on whether the law forced commercial speech while still unconvinced of a First Amendment violation.

  • July 10, 2025

    Pa. High Court Takes Up Appeal Over Criminal Gun Rights

    The Pennsylvania Supreme Court has agreed to hear the appeal of a man who is accused of attempted murder and weapons charges and consider whether the weapons charges are at odds with the U.S. Supreme Court's decision in New York State Rifle & Pistol Association Inc. v. Bruen.

  • July 10, 2025

    Florida Restaurateur Can't Get Shrimp TM, Fed. Circ. Affirms

    The Federal Circuit on Thursday refused to revive an author and restaurateur's bid to register a trademark for "Yucatán Shrimp" at his Florida eatery named after his crime novels, backing the U.S. Patent and Trademark Office's finding that the mark would be merely descriptive.

  • July 10, 2025

    Golfer's Defamation Suits Not Up To Par, 11th Circ. Says

    The Eleventh Circuit won't revive a pair of defamation suits by golfer Patrick Reed against media outlets he accused of defaming him by reporting accusations of cheating and criticism of his association with a Saudi Arabia-backed golf organization.

  • July 10, 2025

    Island Community Gets NJ High Court Ruling To Switch Towns

    A barrier island community has met all legal requirements to formally separate from a Garden State township and join a neighboring borough, the New Jersey Supreme Court unanimously ruled Thursday, ending a decade-long legal battle over local governance, geography and fairness in public services.

  • July 10, 2025

    AT&T's $181M Patent Loss Gets Tough Look At Fed. Circ.

    A Federal Circuit panel had hard questions for an attorney looking to safeguard Finesse Wireless' $181 million verdict against AT&T and Nokia for infringing a pair of radio interference patents, with one judge in particular seemingly taking issue Thursday with the infringement findings. 

  • July 10, 2025

    8th Circ. Won't Pause ND Tribes' Voting Rights Decision

    The Eighth Circuit on Thursday denied a bid by two North Dakota tribes to stay its decision to vacate a challenge to two of the state's voting laws while the ruling is appealed to the U.S. Supreme Court.

  • July 10, 2025

    Unions Defend Block On DOGE's Social Security Data Access

    The full Fourth Circuit should affirm a Maryland federal judge's decision to block the White House's Department of Government Efficiency from accessing Social Security Administration data, two unions and a retirees' advocacy group argued, saying that dissolving the injunction would violate their members' right to privacy.

  • July 10, 2025

    Fed. Circ. Judges Get Tough With Phillips 66 In Retrial Spat

    The Federal Circuit tangled with Phillips 66 on Wednesday over the "talismanic significance" of a lower court judge declaring the oil and gas giant had made prejudicial arguments in an infringement case over oil refinery patents.

  • July 10, 2025

    Feds Want Cheesesteak Shop Owner's Tax Sentence Restored

    Prosecutors urged a Pennsylvania federal judge to reimpose a nearly two-year sentence on a Philadelphia cheesesteak shop owner who was convicted of paying employees off the books, a request that comes two months after the Third Circuit vacated his prison term.

  • July 10, 2025

    Fla. High Court Revives Ex-Steak 'N Shake Worker's Bias Suit

    The Florida Supreme Court backed the reinstatement Thursday of an ex-Steak 'n Shake worker's disability bias suit claiming he was fired after suffering a back injury, ruling he didn't need to invoke the state's civil rights law in his presuit bias charge to pursue his claims in court.

  • July 10, 2025

    4th Circ. Pauses Air Quality Suit As EPA Rethinks W.Va. Plan

    The Fourth Circuit on Thursday granted a request to pause West Virginia's ozone regulation lawsuit so the U.S. Environmental Protection Agency can reconsider the state's air quality compliance plan.

  • July 10, 2025

    9th Circ. Backs Geico Win In COVID Auto Rebate Class Action

    The Ninth Circuit affirmed Geico's victory in a certified class action alleging it owed additional refunds to drivers who overpaid their auto insurance premiums during COVID-19 stay-home orders, ruling on Wednesday that Geico charged rates that were previously approved by California's insurance commissioner, which bars the plaintiff's state Unfair Competition Law claim.

  • July 10, 2025

    Okla. Gov.'s Brother Seeks High Court Review Of Tribal Ticket

    Keith Stitt, brother of Oklahoma Gov. Kevin Stitt, has asked the U.S. Supreme Court to overturn a decision that denied his appeal of a speeding ticket issued on tribal lands, arguing that the state never intended to accept a landmark ruling on the restoration of proper criminal jurisdiction in Indian Country.

  • July 10, 2025

    2nd Circ. Won't Touch Morgan Stanley Deferred Comp Ruling

    The Second Circuit refused to upend part of a lower court's ruling that former Morgan Stanley financial advisers' deferred compensation fell within the reach of federal benefits law, saying the financial firm couldn't clear the high bar necessary to undo the decision.

Expert Analysis

  • Notable Q1 Updates In Insurance Class Actions

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    The first quarter of 2025 was filled with the refinement of old theories in the property and casualty space, including in vehicle valuation, time to seek appraisal and materials depreciation, says Mathew Drocton at BakerHostetler.

  • 2nd Circ. Ruling May Aid Consistent Interpretation Of ADA

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    In Tudor v. Whitehall Central School District, the Second Circuit joined the majority of circuits by holding that an employee's ability to perform their job without an accommodation does not disqualify them from receiving one, marking a notable step toward uniform application of the Americans with Disabilities Act nationwide, says Michelle Grant at Wilson Elser.

  • EPA's Proposed GHG Reform Could Hinder Climate Regulation

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    The Trump administration will reconsider the U.S. Environmental Protection Agency's landmark 2009 greenhouse gas endangerment finding, which could leave the U.S. federal government with no statutory authority whatsoever to regulate climate change or greenhouse gas emissions, says David Smith at Manatt.

  • Series

    Power To The Paralegals: The Value Of Unified State Licensing

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    Texas' proposal to become the latest state to license paraprofessional providers of limited legal services could help firms expand their reach and improve access to justice, but consumers, attorneys and allied legal professionals would benefit even more if similar programs across the country become more uniform, says Michael Houlberg at the University of Denver.

  • Fed. Circ. In March: Forfeiting Claim Construction On Appeal

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    The Federal Circuit's decision in Wash World v. Belanger last month confirms the importance of fair notice to the district court when determining forfeiture of an argument on appeal in the context of patent claim construction, allowing appellants to better gauge the appropriate framing of arguments that may be presented, say attorneys at Knobbe Martens.

  • 1st Circ. Ruling May Slow SEC Retail Investment Advice Cases

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    The First Circuit's recent ruling, finding the U.S. Securities and Exchange Commission did not substantiate its $93.3 million fine against a retail investment adviser, may raise the threshold on materiality findings in these cases and add a speed bump resulting in fewer such actions, say attorneys at Weil.

  • 10 Soft Skills Every GC Should Master

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    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.

  • 6 Criteria Can Help Assess Executive Branch Actions

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    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.

  • Fed Circ.'s PTAB Ruling Highlights Obsolete Rationale

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    The Federal Circuit's recent decision in In re: Riggs shines a new light on its 2015 decision in Dynamic Drinkware v. National Graphics, and raises questions about why the claim support requirement established by Dynamic Drinkware exists at all, say attorneys at Patterson Belknap.

  • Traversing The Shifting Sands Of ESG Reporting Compliance

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    Multinational corporations have increasingly found themselves between a rock and a hard place attempting to comply with EU and California ESG requirements while not running afoul of expanding U.S. anti-ESG regimes, but focusing on what is material to shareholder value and establishing strong governance can help, say attorneys at MoFo.

  • An Unrestrained, Bright-Eyed View Of Legal AI's Future

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    Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.

  • Tracking The Evolution In Litigation Finance

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    Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.

  • Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools

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    Amid multiple recent civil complaints alleging antitrust violations by providers and users of algorithmic pricing tools, such as RealPage and Yardi, digital-era measures should feature prominently in corporate compliance programs, including documentation of pro-competitive benefits and when to use disclosures, say attorneys at Morgan Lewis.

  • Opinion

    In Vape Case, Justices Must Focus On Agencies' Results

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    With the U.S. Supreme Court's ruling in U.S. Food and Drug Administration v. Wages and White Lion Investments having put off the question of whether agency decisions arrived at erroneously are always invalid, the court should give the results of agency actions more weight than the reasoning behind them when it revisits this case, says Jonathan Sheffield at Loyola University Chicago School of Law.

  • Series

    Volunteer Firefighting Makes Me A Better Lawyer

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    While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.

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