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Appellate
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May 30, 2025
Construction Co. Owners Beat Long-Runing Fla. Qui Tam Suit
A Florida federal judge ruled in favor of the owners of a construction company accused of defrauding a program for disadvantaged small businesses in a qui tam, or False Claims Act, lawsuit, saying in her dismissal of the nearly decade-long case that it violates the U.S. Constitution.
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May 30, 2025
Trump Blames Federalist Society For Trade Court Loss
President Donald Trump blamed his recent, short-lived loss in the U.S. Court of International Trade both on judges he accused of hating him as well as on the Federalist Society — the conservative legal group that helped him with judicial selection during his first term — in a Truth Social post highlighting tensions within the conservative legal and political movements.
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May 30, 2025
Wheeling & Appealing: The Latest Must-Know Appellate Action
Saying that June's circuit court calendars include important arguments in all practice areas would be hyperbolic — but just slightly. That's because significant showdowns are imminent involving appellate procedure principles, "click-to-cancel" rules, government procurement protests, judiciary employment protections and litigation risk insurance — as well as President Donald Trump's felony convictions and extraordinary deportation measures.
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May 30, 2025
Texas Panel Keeps Intact Judge's LGBTQ+ Wedding Challenge
A Texas appeals court, in a Friday opinion, kept intact a judge's lawsuit against the state judicial ethics commission over sanctions for her refusal to officiate same-sex marriages, but left the issue of merits for the trial court to hash out.
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May 30, 2025
Wash. High Court Relaxes Standard For Worker Illness Suits
Washington's highest court has lowered the bar for employees to sue over work-related illnesses, finding that in cases of latent diseases such as mesothelioma, a worker has a valid claim if they show their employer was "virtually certain" that the malady would develop.
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May 30, 2025
4th Circ. Says Possession Decides Rockwell Drawings Feud
A split Fourth Circuit panel Friday said Norman Rockwell illustrations gifted to Franklin D. Roosevelt's press secretary belonged to the grandchild of the presidential aide who possessed the drawings, evoking the Bible as well as "Beauty & The Beast" in saying inheritance fights are "a tale as old as time."
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May 30, 2025
Texas Justices Back Bid To Close Migrant-Aiding Nonprofit
The Texas Supreme Court ruled on Friday that the state attorney general can initiate legal proceedings, known as a quo warranto action, to shut down a nonprofit, saying that a lower court's injunctions barring the proceedings were "premature at best."
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May 30, 2025
NJ Panel Upholds Unemployment Benefits Claims For Strikers
A New Jersey state appeals court on Friday supported a state employment board's conclusion that Teamsters-represented workers at a concrete manufacturing company who went on strike are eligible for unemployment benefits, finding federal labor law does not preempt the state agency's decision.Â
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May 30, 2025
5th Circ. To Rehear No Surprises Act Ruling En Banc
The full Fifth Circuit agreed Friday to reconsider a dispute over provisions for calculating qualifying payments under the 2020 No Surprises Act.
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May 30, 2025
Wholesalers Take Rejected 5-Hour Energy Suit To 9th Circ.
Family-owned wholesalers want the Ninth Circuit to take a look at a recent ruling that said while they were able to show the maker of 5-Hour Energy committed price discrimination by offering Costco disproportionate promotions, they weren't able to show that discrimination hurt them.
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May 30, 2025
Insurer's Hail Claim Denial Not Unreasonable, 10th Circ. Says
A commercial property owner failed to show that its insurer unreasonably denied coverage for a hail damage claim under Colorado law or violated insurance industry standards by relying on an expert report, the Tenth Circuit said in an unpublished opinion Friday.
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May 30, 2025
Iowa Supreme Court Reinstates $3.2M Med Mal Verdict
The Iowa Supreme Court on Friday reinstated a jury's $3.25 million verdict in a suit accusing a physician of failing to properly repair an incision made to assist a patient's childbirth that caused injuries, saying a lower court wrongly deemed certain expert testimony deficient.
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May 30, 2025
Nicotine Tax Dispute Heads To Texas Supreme Court
The Texas Supreme Court on Friday agreed to review a dispute over whether a vape company that sells oral nicotine products should be subject to a state tax on tobacco products.
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May 30, 2025
Pa. Justices Back Hospital Tax Break Despite High Salaries
The corporate structure and high executive pay at a Montgomery County, Pennsylvania, hospital were not reason enough to take away its nonprofit, tax-exempt status, the state Supreme Court ruled Friday.
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May 30, 2025
Wash. Judge Doubts Valve's Suit Alleging Arbitration Scheme
A Washington state appellate judge pushed back Friday against Valve Corp.'s stance that it could sue an attorney over an alleged scheme to manipulate arbitration pacts between the gaming giant and its customers, suggesting the company opened the door for such conduct by previously forcing gamers to arbitrate antitrust claims individually.
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May 30, 2025
Russia Can Argue Sovereign Immunity In $34M Award Appeal
The D.C. Circuit on Thursday agreed to consider Russia's sovereign immunity defense as the Kremlin looks to avoid a $34 million arbitral award issued to Ukrainian gas companies that operated in Crimea, writing that the "merits of the parties' positions are not so clear as to warrant summary action."
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May 30, 2025
Insurance Cos. Can't Force Arbitration Of Race, Sex Bias Suits
American Income Life Insurance Co. and a brokerage firm can't make Black and female former employees arbitrate several lawsuits claiming they were forced to endure rampant harassment, a New Jersey state appeals court ruled Friday, saying the workers' arbitration agreement didn't properly explain what they were giving up.
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May 30, 2025
Ga. Panel Ends County Workers' Whistleblower Suit
A Georgia appellate panel said that Fulton County should have been handed an early win in a whistleblower suit from two ex-employees who said they were canned for reporting corruption by an elected official, ruling the county was justified in firing them for their own financial indiscretions.
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May 30, 2025
AT&T Unit Loses Dispute Over Calif. Property Tax Rates
AT&T unit Pacific Bell and other phone companies failed to prove that a California county's differing tax rates for locally assessed and state-assessed properties are unconstitutional, a state appeals court affirmed.
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May 30, 2025
No Point In Vacating NEPA Ruling, Gov't Tells 8th Circ.
The Trump administration on Friday urged the Eighth Circuit to preserve a North Dakota federal judge's decision striking down Biden-era National Environmental Policy Act regulations, a ruling that states and environmental groups say should be vacated.
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May 30, 2025
DC Circ. Keeps Block On Texas AG's Media Matters Probe
A D.C. Circuit panel on Friday upheld an order barring the Texas attorney general from demanding internal records from Media Matters about the left-leaning media watchdog's reporting on the social media platform X.
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May 30, 2025
Associations Back Airplane Parts Cos. In NC Crash Appeal
The General Aviation Manufacturers Association has backed a pair of airplane parts makers in their appeal to the North Carolina Supreme Court seeking to dismiss claims brought against them over a fatal 2015 crash, arguing that the state justices' decision could shield or spurn the Tar Heel State's aviation market.
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May 30, 2025
Trump Admin To Defend Biden's For-Profit College Loan Rule
The Trump administration will defend parts of a Biden-era U.S. Department of Education rule allowing students to have their federal loans forgiven over their college's misconduct, asking the U.S. Supreme Court to resume briefing in a case that will pit the administration against the for-profit college industry.
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May 30, 2025
Off The Bench: NASCAR V. Crypto, Puig Doc, NCAA Eligibility
In this week's Off The Bench, NASCAR beats defamation claims from a cryptocurrency founder regarding the spurious value of the coin, former MLB star Yasiel Puig sues the media companies behind a series documenting his entanglements in a federal gambling probe, and a Seventh Circuit panel appears receptive to the NCAA's defense of its eligibility rules.
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May 30, 2025
Texas Law Firm Beats Atty's Suit Over Stock Redemption
A Texas state appeals court has upheld Friedman Suder & Cooke PC's win in its decade-long dispute with a former shareholder over the redemption of his shares when he was let go, affirming a trial court ruling declaring the redemption "effective and operative."
Expert Analysis
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Bankruptcy Ruling Provides Guidance On 363 Asset Sales
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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FLSA Ruling Shows Split Over Court Approval Of Settlements
A Kentucky federal court's recent ruling in Bazemore v. Papa John's highlights a growing trend of courts finding they are not required, or even authorized, to approve private settlements releasing Fair Labor Standards Act claims, underscoring a jurisdictional split and open questions that practitioners need to grapple with, say attorneys at Vedder Price.
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Dewberry Ruling Is A Wakeup Call For Trademark Owners
The U.S. Supreme Court's decision in Dewberry v. Dewberry hones in on the question of how a defendant's affiliates' profits should be treated under the Lanham Act, and should remind trademark litigants and practitioners that issues involving monetary relief should be treated seriously, say attorneys at Finnegan.
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A Look At The Student Loan Case Pending At Supreme Court
The Trump administration is likely to drop the U.S. Supreme Court case of U.S. Department of Education v. Career Colleges and Schools of Texas after its review of the 2022 borrower defense to repayment rule, but any outcome will be significant for institutions participating in programs covered by Title IV of the Higher Education Act, say attorneys at Duane Morris.
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When Reincorporation Out Of Del. Isn't A Good Idea
While recent high-profile corporate moves out of Delaware have prompted discussion about the benefits of incorporation elsewhere, for many, remaining in the First State may be the right decision due to its deep body of business law, tradition of nonjury trials and other factors, say attorneys at Goodwin.
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Perspectives
11th Circ. Ruling Shows How AEDPA Limits Habeas Relief
The Eleventh Circuit's recent decision to uphold an Alabama man's death sentence reveals how the Antiterrorism and Effective Death Penalty Act can prevent meaningful review and has eroded the power of habeas corpus petitions by forcing federal courts to pay extraordinary deference to state-level rulings, says Paul Shechtman at Yale Law School.
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Navigating The Uncertain Future Of The Superfund PFAS Rule
The D.C. Circuit's recent grant of a pause in litigation while the U.S. Environmental Protection Agency reviews the Biden-era designation of two per- and polyfluoroalkyl substances as "hazardous" under the Superfund law creates new uncertainty for companies — but more lawsuits are likely as long as the rule remains in effect, say attorneys at Alston & Bird.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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30 Years Later: How PSLRA Has Improved Securities Litigation
In the 30 years since the Private Securities Litigation Reform Act's passage, the statute has achieved its purpose of shifting securities class actions to investors most capable of monitoring the litigation, selecting competent counsel at competitive rates and maximizing recoveries for the investor classes they represent, say attorneys at Bernstein Litowitz.
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Terraform Case May Be Bellwether For Crypto Enforcement
The prosecution of crypto company Terraform Labs and its CEO, Do Kwon, offers a unique test of the line between lawful and unlawful conduct in digital transactions, and the Trump administration’s posture toward the case will provide clues about its cryptocurrency enforcement agenda in the years to come, say attorneys at Brooks Pierce.
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How Law Firms Can Counteract The Loneliness Epidemic
The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.
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What's At Stake In High Court's Class Member Standing Case
The U.S. Supreme Court’s eventual decision in Labcorp v. Davis could significantly alter how parties prosecute and defend class actions in federal court, particularly if the court determines some proof of member standing is required before a class may be certified, say attorneys at Reed Smith.
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What Remedies Under New Admin's SEC Could Look Like
The U.S. Securities and Exchange Commission is likely to substantially narrow the remedies it pursues over the next few years, driven by the mounting challenges it faces in court, as well as the views of its incoming chair and fellow Republican commissioners on injunctions, penalties and disgorgement, say attorneys at Milbank.
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Patent Eligibility Insights From Fed. Circ.'s Drill Bit Ruling
The Federal Circuit's recent decision in US Synthetic Corp. v. ITC addresses critical issues in patent eligibility jurisprudence, especially regarding composition-of-matter claims and Section 101 challenges, says Daniel Yannuzzi at Sheppard Mullin.