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Appellate
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June 05, 2025
Justices Revive Bid To Enforce $1.3B Indian Satellite Award
The U.S. Supreme Court on Thursday overturned a Ninth Circuit decision refusing to enforce a $1.3 billion arbitral award issued to an Indian satellite communications company, ruling that the court's outlier interpretation of a jurisdictional question was incorrect.
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June 05, 2025
Supreme Court Bars Hamas Victims From Reviving Bank Suit
The U.S. Supreme Court ruled Thursday that victims of Hamas terrorist attacks cannot get a second shot at filing a lawsuit that seeks to hold a Lebanese bank liable for aiding and abetting Hamas, reasserting that final judgments can only be reopened under "extraordinary circumstances."
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June 05, 2025
Justices Nix Mexico's Cartel Violence Suit In Win For Gun Cos.
The U.S. Supreme Court on Thursday threw out a suit by the government of Mexico against Smith & Wesson and other major gun companies, finding in a unanimous opinion that the alleged ties between the firearms makers and cartel violence south of the border are too speculative to stand up in court.
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June 05, 2025
Justices Fault Wis. For Denying Tax Break To Charities
Wisconsin discriminated against a group of Catholic charities when it denied them an unemployment tax exemption, the U.S. Supreme Court said Thursday, rejecting the state's argument that the charities were not operated primarily for religious purposes.
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June 05, 2025
Justices Nix Higher Hurdle For Heterosexual Bias Claims
A unanimous U.S. Supreme Court on Thursday vacated the Sixth Circuit's ruling that plaintiffs claiming anti-heterosexual workplace discrimination need to provide extra "background circumstances" evidence, opining that it improperly imposed special standards on majority-group plaintiffs.
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June 04, 2025
Del. Justices Probe Bid For Biden Laptop Suit Revival
A Delaware Supreme Court justice asked a computer repair shop owner's attorney Wednesday if his client had a right to claim anonymity after informing Congress he had a left-behind copy of Hunter Biden's laptop hard drive, in a politically controversial case that originated during President Donald Trump's first term
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June 04, 2025
Fla. School Urges 11th Circ. To Allow Jury Trial In TM Dispute
A Florida distance learning school urged the Eleventh Circuit on Wednesday to revive its trademark infringement lawsuit against a rival, arguing it should be allowed to prove to a jury that it sustained actual damages because parents were confused by a competitor's website.
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June 04, 2025
Walmart Slip-And-Fall Suit Must Go To Trial, 4th Circ. Rules
Walmart can't argue it had no duty to treat a specific patch of black ice that caused a woman's slip and fall after a winter storm, the Fourth Circuit ruled Wednesday, saying that a winter storm puts retailers on notice that their entire parking lot had become a potential hazard for customers.
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June 04, 2025
1st Circ. Upholds Block On Trump's Education Dept. Job Cuts
The First Circuit on Wednesday rejected a bid by President Donald Trump to greenlight massive job cuts at the U.S. Department of Education, finding that the administration had not provided enough evidence to overturn a block put in place by a Massachusetts federal judge.
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June 04, 2025
Yogis' Legal Warrior Pose Gets Beach Ban Lifted At 9th Circ.
The Ninth Circuit on Wednesday ordered a lower court to grant a preliminary injunction to yoga instructors who challenged San Diego's prohibition on free yoga classes at shoreline parks, finding the activity to be speech protected by the First Amendment since it imparts a skill derived from special knowledge.
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June 04, 2025
4th Circ. Invokes Rooker-Feldman In Hospitalization Case
The Fourth Circuit on Wednesday found that a woman could not challenge a consent order she signed to be released from an involuntary hospital commitment, marking the first opinion of its kind from the court in two decades invoking the Rooker-Feldman doctrine.
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June 04, 2025
French Plane Co. Escapes Crash Suit In Fla. Courts
A Florida appeals panel on Wednesday threw out product liability claims against a French plane manufacturer in a suit over a crash that killed all but one of its passengers, saying the company's ties to the Sunshine State are not related to the allegations in the complaint.
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June 04, 2025
Cheesesteak Icon Asks 3rd Circ. If Loper Bright Slices Sentence
Counsel for a Philadelphia cheesesteak shop owner seeking a lighter sentence for paying employees off the books told the court Wednesday that he has asked the Third Circuit to consider how the U.S. Supreme Court's landmark decision striking longstanding agency deference framework might affect his case.
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June 04, 2025
High Court Told 'Categorical' Right To Counsel Must Persist
A criminal defendant's right to consult with counsel during an overnight trial recess is "clear and categorical," a man who didn't receive that right has told the U.S. Supreme Court in preparation for his Sixth Amendment case to be heard before the justices.
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June 04, 2025
Fed. Circ. Pushes Back As Ramey Fights Fee Award To Google
A Federal Circuit panel on Wednesday questioned Ramey LLP managing partner William Ramey's challenge to one of several sanctions that have recently been imposed on his firm in patent cases, with some judges suggesting that the order in question in a case against Google LLC appeared warranted.
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June 04, 2025
Scalia Invoked Against Trump's Citizenship Stance At 9th Circ.
A panel of Ninth Circuit judges scrutinized the Trump administration's take on the citizenship clause as the government argued Wednesday to preserve the president's push to curb birthright citizenship, with one judge suggesting the late U.S. Supreme Court Justice Antonin Scalia would've rejected the attempt to read "beyond the mere words" of the 14th Amendment.
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June 04, 2025
NC Mall Owner Fails To Boost $1K Water Damage Award
A North Carolina mall property owner lost its bid to increase a paltry water damage award when a state appellate panel ruled Wednesday that the landlord failed to show sufficient evidence of damage from a neighboring property's stormwater runoff.Â
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June 04, 2025
NJ Contractor Tells 3rd Circ. One-Man Rule Voids CBA
A New Jersey contractor told a Third Circuit panel Wednesday that it isn't obliged to negotiate over a successor collective bargaining agreement with union-represented sheet metal workers, arguing it no longer employs any workers represented by the union.
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June 04, 2025
Judge Ponders If Netflix's Tax Theory Is 'Too Philosophical'
A Colorado appellate judge on Wednesday wondered if Netflix's argument for why its subscriptions are not subject to state sales tax is "too philosophical" and doesn't reflect its actual transactions with customers, at a hearing in the state's appeal.
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June 04, 2025
Justices Won't Intervene To Let Jan. 6 Cops Stay Incognito
The U.S. Supreme Court on Wednesday declined to grant an emergency stay that would have allowed current and former Seattle police officers who attended the Jan. 6, 2021, "Stop the Steal" insurrection to shield their identities from the public.
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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.
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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.
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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.
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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."
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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.
Expert Analysis
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PG&E Win Boosts Employers' Defamation Defense
A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.
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Justices' False Statement Ruling Curbs Half-Truth Liability
The U.S. Supreme Court’s recent Thompson v. U.S. decision clarified that a federal statute used to prosecute false statements made to bank regulators only criminalizes outright falsehoods, narrowing prosecutors’ reach and providing defense counsel a stronger basis to challenge indictments of merely misleading statements, says Tamara de Silva at De Silva Law Offices.
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Jurisdiction Argument In USAID Dissent Is Up For Debate
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.
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Firms Still Have Lateral Market Advantage, But Risks Persist
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.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
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.
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Class Actions At The Circuit Courts: March Lessons
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.
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High Court Water Permit Ruling Lacks Specificity
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.
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The Central Issues Facing Fed. Circ. In Patent Damages Case
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.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
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.
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Series
Adapting To Private Practice: From SEC To BigLaw
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.
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How Fed. Circ. Ruling Complicates Patent Infringement Cases
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.
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The Revival Of Badie Arbitration Suits In Consumer Finance
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.
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Making The Case For Rest In The Legal Profession
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.
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1st Circ. IMessage Ruling Illustrates Wire Fraud Circuit Split
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.
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4 Ways Women Attorneys Can Build A Legal Legacy
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.