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Appellate

  • May 09, 2025

    Insurers Urge 1st Circ. To Undo Oil Co. Coverage Ruling

    Insurers for a heating oil company asked the First Circuit to reverse a decision forcing them to defend the company and several executives in a class action alleging damage caused by fuel containing elevated levels of biodiesel, saying the company's "purposeful business choices" do not constitute an occurrence.

  • May 09, 2025

    NJ Panel Nixes Debt Adjustment Law's Limited Atty Exemption

    The New Jersey state appeals court on Friday ruled that provisions of a state law exposing attorneys representing clients in debt adjustment proceedings to possible civil penalties or criminal charges is unconstitutional and "impermissibly vague."

  • May 09, 2025

    Interior Dept. Says $2.8M Drilling Royalty Order Is Lawful

    The U.S. Department of the Interior said that a lower court correctly affirmed a $2.8 million drilling royalty order issued to Devon Energy Corp., telling the Tenth Circuit that there's no merit to the company's arguments that the order is flawed.

  • May 09, 2025

    Tufts Student Wins Bail As Judge Cites Free-Speech Concerns

    A Vermont federal judge on Friday ordered the immediate release of a Tufts University doctoral student taken into custody outside her home in March by Immigration and Customs Enforcement, saying Rümeysa Öztürk had raised "very substantial claims of due process and First Amendment violations" by the government.

  • May 09, 2025

    Justice Souter Was An Unexpected Force Of Moderation

    Justice David Souter, who saw the high court as a moderating force apart from the messiness of politics, subverted the expectations of liberals and conservatives alike during his 19 years on the bench.

  • May 09, 2025

    Retired Supreme Court Justice David Souter Dies At 85

    Retired Justice David H. Souter, who served on the U.S. Supreme Court from 1990 to 2009, has died at 85, the court announced Friday. 

  • May 08, 2025

    5th Circ. Wipes Out Southwest Attys' Religious Training Order

    The Fifth Circuit on Thursday held that a lower court overstepped by ordering several in-house Southwest Airlines attorneys to undergo "religious liberty training" following a flight attendant's win in a wrongful termination suit, finding that the training wouldn't benefit the flight attendant or persuade Southwest to comply with an earlier order.

  • May 08, 2025

    Law360's Guide To Trump's Judicial Picks

    During his first term, Trump got 234 lifetime judges confirmed. Here Law360 looks at the vacancies, appointments and confirmations of the federal judiciary as Trump attempts to further shape the courts.

  • May 08, 2025

    11th Circ. Told Fla. Voter 'Wet Ink Signature' Rule Isn't Legal

    Multiple nonprofit organizations urged the Eleventh Circuit on Thursday to reinstate their challenge to Florida's rule requiring a "wet ink signature" on voter registration applications, saying the rule violates federal law and isn't useful in determining who's eligible to cast a ballot.

  • May 08, 2025

    DC Circ. To Decide If Zero Is Less Than 40 In DCA Slot Fight

    The D.C. Circuit wasn't convinced by the U.S. Department of Transportation's arguments Thursday morning as it worked to convince the panel that the agency hadn't wrongfully excluded Frontier Airlines from new slot exemptions at one of Washington, D.C.'s main airports.

  • May 08, 2025

    PTAB Adds To Apple's Victories Invalidating Geolocation IP

    The Patent Trial and Appeal Board has invalidated claims of three geolocation patents challenged by Apple, less than a week after the Federal Circuit found the same patents didn't meet eligibility requirements.

  • May 08, 2025

    Atturo Tire Again Presses High Court To Take Up $10M IP Fight

    Atturo Tire Corp. has urged the U.S. Supreme Court to ignore Japanese tire giant Toyo Tire Corp.'s argument that the justices should not review the Federal Circuit's upending of a $10 million award against Toyo for interfering with Atturo's business through patent settlements with other companies.

  • May 08, 2025

    Feds Urge High Court Not To Take Jury-Right Case

    The government has asked the U.S. Supreme Court not to take up the case of a social media influencer who was denied a jury trial for a misdemeanor, arguing precedent and tradition show that "crimes" meriting a jury are distinct from petty offenses.

  • May 08, 2025

    Panel Says Colo. Hospitals Need Notice Of Retaliation Claims

    A Colorado appeals court on Thursday sided with a Denver health system in a precedential ruling, finding healthcare workers who sue public hospitals under a state anti-retaliation statute must warn hospitals about their claims.

  • May 08, 2025

    Ruling Over Expired Bard Patent Causes Split, Justices Told

    Atrium Medical has asked the U.S. Supreme Court to review a Ninth Circuit ruling that revived a $53 million breach of contract lawsuit against it by C.R. Bard, saying the appeals court "takes a dramatically different approach" from other circuits on royalty payments.

  • May 08, 2025

    Oppenheimer Slips Suits Over Fraudster's $110M Ponzi Scheme

    A cohort of investors who said they were victims of a $110 million Ponzi scheme run by a former Oppenheimer & Co. Inc. adviser can't hold the investment firm liable for their losses, the Georgia Court of Appeals has said, ruling their losses were "at best, an indirect result" of the firm's alleged efforts to cover up the scheme.

  • May 08, 2025

    Solicitor General Urges Justices To Let Immigrant Parole End

    Solicitor General D. John Sauer on Thursday urged the Supreme Court to halt a Boston federal judge's order blocking the Trump administration from ending the parole status of nearly half a million immigrants from Cuba, Haiti, Nicaragua and Venezuela.

  • May 08, 2025

    Pa. Diner Can't Get Tax Sale Axed Over Price Hike, Panel Says

    A diner in a resort in Pennsylvania's Pocono Mountains can't duck a tax sale over the final sale price of the diner property being higher than originally advertised, a state appellate panel said in a precedential ruling Thursday.

  • May 08, 2025

    6th Circ. Says BlueCross Can't Nix NH Fertility Benefit Probe

    The Sixth Circuit said Thursday that it was fair game for New Hampshire to challenge BlueCross BlueShield of Tennessee's decision to deny a worker's claims for fertility treatment on the basis that it violated state law, ruling the insurance company can't shield itself from enforcement under federal benefits law.

  • May 08, 2025

    Ticketmaster Asks Justices To Protect 'Alternative' Arbitration

    Live Nation and Ticketmaster have asked the U.S. Supreme Court to clarify whether a federal law requires courts to enforce only traditional arbitration arrangements Congress envisioned when the law was enacted a century ago, or also "alternative" agreements drafted more recently to process mass arbitration.

  • May 08, 2025

    Fed. Circ. Questions 'Kist' And 'Sunkist' Mark Differences

    The Federal Circuit on Thursday grappled with whether a trademark tribunal relied on enough evidence to conclude that "Kist" and "Sunkist" were dissimilar marks in the soft drink market, questioning if Kist's use of red lips on packaging sent to distributors was enough to distinguish its brand from its competitor.

  • May 08, 2025

    2nd Circ. Weighs New Deportation Test Post-Loper Bright

    The Second Circuit on Thursday kicked the tires on a new test for immigrant removal proceedings stemming from criminal convictions, mulling the case of a Chinese man with two convictions in light of the U.S. Supreme Court's recent decision ending deference to agency decisions.

  • May 08, 2025

    6th Circ. Seems Open To Reviving Ex-Ford Worker's Bias Suit

    The Sixth Circuit appeared skeptical Thursday of Ford Motor Co.'s arguments that a fired Muslim and Middle Eastern employee had not laid out sufficient facts to keep his bias and retaliation lawsuit alive, indicating plaintiffs needn't meet a high bar in the early stages of a case.

  • May 08, 2025

    11th Circ. Revives Citigroup Cash Advance Fraud Suit Again

    The Eleventh Circuit has, for the second time, revived a nearly decadelong suit against Citigroup that alleges the bank ran a massive cash advance fraud scheme, with the appeals court saying they "see things differently" from the district court, and that the plaintiffs have sufficiently pled each count of their complaint.

  • May 08, 2025

    Albertsons Says Counties Have 'Paradoxical Status' In MDL

    A group of pharmacies led by Albertsons Cos. Inc. have told the Texas Supreme Court that two counties can't assert claims against them in the state's opioid multidistrict litigation while simultaneously denying they qualify as claimants.

Expert Analysis

  • Justices Seem Focused On NEPA's Limits In Utah Rail Case

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    After last month's oral argument at the U.S. Supreme Court in Seven County Infrastructure Coalition v. Eagle County, Colorado, the court appears poised to forcefully reiterate that the National Environmental Policy Act requires federal agencies to review only those environmental impacts within their control, say attorneys at Perkins Coie.

  • Fed. Circ. Patent Decisions In 2024: An Empirical Review

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    Despite an ever-increasing backlog of argument-ready cases, the Federal Circuit issued fewer decisions in 2024 than in previous years, and the decisions' overall friendliness toward patent owners and applicants was low, says Dan Bagatell at Perkins Coie.

  • Series

    Exercising On My Peloton Bike Makes Me A Better Lawyer

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    While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.

  • 5 Drug And Device Developments That Shaped 2024

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    The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.

  • Lessons From United's Axed Win In Firing Over Online Pics

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    In Wawrzenski v. United Airlines, a California state appeals court revived a flight attendant’s suit over her termination for linking photos of herself in uniform to her OnlyFans account, providing a cautionary tale for employers navigating the complexities of workplace policy enforcement in the digital age, say attorneys at ArentFox Schiff.

  • Reviewing The High Court's Approach To Free Speech Online

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    As the U.S. Supreme Court began addressing the interplay between the First Amendment and online social media platforms, its three opinions from last term show the justices adopting a nuanced approach that recognizes that private citizens, public employees and online platforms all have First Amendment rights, say attorneys at Jenner & Block.

  • Series

    In The ÃÛÌÒÊÓÆµ Playbook: A Sprint To The Finish Line

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    The fourth quarter of 2024 was an impressive demonstration of the Consumer Financial Protection Bureau's ability to regulate, enforce and supervise, even on borrowed time following the election results, and we should expect the current bureau to run nonstop until Jan. 20, say attorneys at Covington.

  • Mich. Ruling Offers View On 'Occurrence' Coverage Definition

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    As demonstrated by a Michigan state court in its recent decision finding per-wound insurance coverage for a school shooting, the amount of coverage available under occurrence-based policies often depends on how courts interpret "occurrence," say attorneys at Hunton.

  • Rejoinder Strategy After Allergan Double-Patenting Case

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    A closer look at last year's Allergan v. MSN case at the Federal Circuit highlights the importance of rejoinder during patent prosecution in view of the risks associated with obviousness-type double patenting based on later-filed applications in the same patent family, say attorneys at BCLP.

  • What FARA Enforcement In 2024 Reveals For The Year Ahead

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    A number of developments, from indictments to legislation, shaped the Foreign Agents Registration Act enforcement landscape last year, and following the U.S. Department of Justice's recently released long-awaited proposed amendments to the law, 2025 shows no signs of slowing down, says Tessa Capeloto at Wiley.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • Lessons Learned From 2024's Top FMLA Decisions

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    Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

  • 5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle

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    The Fifth Circuit's recent en banc opinion vacating Nasdaq's board diversity listing rule wades into the hotly debated topic of diversity, equity and inclusion initiatives at a time when many public companies are navigating the attention that DEI commitments are drawing from activists and shareholders, say attorneys at Debevoise.

  • Lessons Learned From 2024's Top ADA Decisions

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    Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

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