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Appellate

  • June 04, 2025

    Ex-Potomac Law Partner Joins Pierson Ferdinand In Boston

    Pierson Ferdinand LLP has added a former Potomac Law Group partner with experience representing OpenSky in patent fights involving VLSI to the firm's intellectual property department in Boston.

  • June 04, 2025

    Trump Ordered To Explain Why Layoffs Don't Flout Injunction

    A California federal judge ordered the Trump administration Wednesday to explain why preparations for layoffs at the State Department and Department of Housing and Urban Development do not violate an injunction she issued last month, saying she needed more details about the agencies' plans to evaluate their compliance.

  • June 04, 2025

    Full 4th Circ. Asked To Rethink Copter Pilot's Death Suit

    Farmers accused of negligently allowing a crop-dusting pilot to fly into a steel cable stretched across a property are urging the full Fourth Circuit to release them from a lawsuit filed by the pilot's widow, arguing that, as nonpilots, they had no way of foreseeing aerial hazards.

  • June 04, 2025

    Deportees Urge Justices To Keep 'Basic Measure Of Fairness'

    A class of deportees who are being sent to countries where they have no prior ties asked the U.S. Supreme Court on Wednesday to leave in place a preliminary injunction requiring that they be provided a meaningful opportunity to challenge their destinations, calling it "a basic measure of fairness."

  • June 04, 2025

    Fed. Circ. Upholds Moderna's IP Win Over COVID Vax

    A Delaware federal judge rightly interpreted claims of two Alnylam Pharmaceuticals Inc. patents, which means Moderna Inc.'s COVID-19 vaccine doesn't infringe them, the Federal Circuit said Wednesday.

  • June 04, 2025

    Calif. Justices Asked To Clarify Limits Of Good Faith Defense

    A worker's counsel urged the California Supreme Court on Wednesday to find that employers must show they proactively took steps to ensure its pay practices complied with state requirements to establish a good faith defense against liquidated damages, while the employer's counsel declined to address the merits of the appeal.

  • June 04, 2025

    Epic Wins IP Award Interest Fight With Tata At 7th Circ.

    The Seventh Circuit on Wednesday sided with Epic Systems and ordered a lower court to recalculate interest on a $140 million punitive damages award it won against Tata Group in an intellectual property case, saying interest ran from the first judgment in 2017 even though an amended version was entered five years later.

  • June 04, 2025

    Damages Retrial Ordered In NC Massage Envy Sex Assault Suit

    A North Carolina state appeals court on Wednesday ordered a new trial on damages in a suit over alleged sexual assaults at a Massage Envy location, finding the jury was improperly instructed on joint and several liability.

  • June 04, 2025

    Mo. Appeals Court Upholds City Tax On REIT's Rental Income

    Healthcare real estate investment trust Ventas Inc.'s receipt of rental income earned from four medical office buildings in Kansas City, Missouri, is a business activity subject to the city's earnings tax, the Missouri Court of Appeals ruled, affirming a lower court decision.

  • June 04, 2025

    6th Circ. Pick Quizzed On Experience, Ties To Conservatives

    The first batch of judicial nominees of President Donald Trump's second administration had their hearing before the Senate Judiciary Committee on Wednesday, during which a Sixth Circuit nominee fielded questions about litigants' obligation to follow court orders and her connection to Leonard Leo-affiliated groups following Trump bashing the former Federalist Society executive.

  • June 04, 2025

    NJ Judge Suspended Over Pro-Police 'Likes' On Facebook

    A New Jersey municipal court judge was hit with a two-month suspension without pay beginning Wednesday after an advisory committee took issue with his Facebook activity indicating support for pro-police movements, political candidates, individual lawyers and law firms.

  • June 04, 2025

    Fed. Circ. Won't Revive $15M Patent Verdict Against Google

    The Federal Circuit on Wednesday shot down an audio programming patent owner's request to undo a Delaware federal judge's ruling that threw out a $15.1 million jury verdict against Google.

  • June 04, 2025

    Conn. High Court Rules Atty, Ex's Alimony Deal Ambiguous

    The ex-wife of a Shook Hardy & Bacon LLP managing partner will get another shot at additional alimony and child support after the Connecticut Supreme Court ruled Wednesday that the divorce agreement isn't clear about how his bonuses and profit share earnings impact her payout.

  • June 04, 2025

    Vape Cos. Urge 5th Circ. To Toss FDA Vape Marketing Rule

    A group of small e-cigarette companies is asking the Fifth Circuit to revive their suit challenging the U.S. Food and Drug Administration's rule for premarket authorization of new tobacco products, saying the FDA failed to account for how the rule would affect small businesses.

  • June 04, 2025

    Chip Trade Secret Conviction Specific Enough, 1st Circ. Hints

    The First Circuit on Wednesday appeared skeptical of arguments that jurors who convicted a former Analog Devices Inc. engineer of possessing trade secrets improperly glossed over the difference between what was described in the indictment and what was actually found during a search of his electronic devices.

  • June 04, 2025

    Ohio Justice Questions School Board's Tax Appeal Claim

    An Ohio justice criticized a school board's claim that state law allows it to appeal administrative property valuation rulings to county courts when the board doesn't own the property at issue.

  • June 04, 2025

    Donlin Gold Says Vacatur Not Warranted In Alaska Mine Case

    A recent U.S. Supreme Court decision confirms that government approvals for a large gold mine in Alaska should not be thrown out even if an agency botched some aspects of an environmental review, the company behind the project told a federal judge.

  • June 03, 2025

    5th Circ. Weighs Constitutionality Of Banking In-House Courts

    A Fifth Circuit panel Tuesday heard a trio of cases contesting federal banking regulators' use of in-house proceedings to impose penalties, signaling interest in potential jurisdictional bars to such challenges but offering few clear clues about how it might rule.

  • June 03, 2025

    9th Circ. Skeptical Tribe Can Circumvent DOI For Recognition

    A Ninth Circuit panel appeared skeptical Tuesday of the Chinook Indian Nation's bid to revive its suit seeking a declaration that it's a federally recognized tribe, with all three judges doubting whether federal courts can make a determination usually made by the U.S. Department of the Interior.

  • June 03, 2025

    Fla. Taking Halt Of Teen Social Media Law To 11th Circ.

    A Florida federal judge on Tuesday blocked the state from enforcing a new law that would ban children 13 and under and restrict 14- and 15-year-olds from social media after finding the measure is likely unconstitutional, prompting the state's attorney general to immediately appeal the ruling to the Eleventh Circuit.

  • June 03, 2025

    Google Taps Ex-SG, Munger Tolles Partner For Monopoly Fight

    Google has hired former U.S. Solicitor General and prominent U.S. Supreme Court attorney and Munger Tolles & Olson LLP partner Donald B. Verrilli Jr. to represent it in high-profile litigation accusing the tech giant of monopolizing the online search market, according to a notice filed in District of Columbia federal court Tuesday.

  • June 03, 2025

    6th Circ. Backs OSU In Diver's Sexual Abuse Claims

    A woman who was sexually abused by her diving coach while a teenager on the Ohio State University diving club can't sue the school, the Sixth Circuit ruled Monday, saying she filed her lawsuit too late because the statute of limitation on Title IX claims in Ohio is just two years.

  • June 03, 2025

    Prosecutors Take Second Stab At Convicting Dallas Developer

    Federal prosecutors started a second run at convicting a Dallas real estate developer of bribing two city council members, telling a jury during opening arguments Tuesday that the developer had a "silent partnership" with elected officials in exchange for favors.

  • June 03, 2025

    9th Circ. Skeptical About Nixing Wash. Bias Enforcement Ban

    The Ninth Circuit on Tuesday appeared hesitant to grant Washington state's bid to wipe out an injunction that bars it from enforcing state anti-discrimination law against a Christian employer that wants to hire co-religionists, but the judges signaled a willingness to depart from the trial court's rationale.

  • June 03, 2025

    Allstate Urges Ga. Panel To Undo Dismissal Sanction

    Allstate Fire And Casualty Insurance Co. urged the Georgia Court of Appeals to overturn a trial court's decision to sanction it by tossing its lawsuit over a liability policy issued to the owner of a car involved in a fatal accident.

Expert Analysis

  • Jurisdiction Argument In USAID Dissent Is Up For Debate

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    A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.

  • Firms Still Have Lateral Market Advantage, But Risks Persist

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    Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Opinion

    We Must Allow Judges To Use Their Independent Judgment

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    As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.

  • High Court Water Permit Ruling Lacks Specificity

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    The enforcement impact of the U.S. Supreme Court’s recent decision in San Francisco v. U.S. Environmental Protection Agency may not be significant, because while the ruling makes clear that certain water permit provisions must instruct permittees on how to achieve stated goals, it doesn’t clarify the level of necessary instruction, says Daniel Deeb at ArentFox Schiff.

  • The Central Issues Facing Fed. Circ. In Patent Damages Case

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    The en banc Federal Circuit's pending review of EcoFactor v. Google could reshape how expert damages opinions are argued, and could have ripple effects that limit jury awards, say attorneys at McAndrews Held.

  • Series

    Performing Stand-Up Comedy Makes Me A Better Lawyer

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    Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.

  • Series

    Adapting To Private Practice: From SEC To BigLaw

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    As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.

  • How Fed. Circ. Ruling Complicates Patent Infringement Cases

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    The Federal Circuit's decision last month in Kroy IP Holdings v. Groupon may make defending patent infringement claims more challenging, time-consuming and expensive — but it has also complicated similar patent infringement proceedings involving the same patents and their appeals, say attorneys at Norton Rose.

  • The Revival Of Badie Arbitration Suits In Consumer Finance

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    Plaintiffs have recently revived a California appellate court's almost 30-year-old decision in Badie v. Bank of America to challenge arbitration requirements under the Federal Arbitration Act, raising issues banks and credit unions in particular should address when amending arbitration provisions, say attorneys at Orrick.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • 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.

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