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Appellate

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • 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.

  • Takeaways From Alaska Justices' Pollution Exclusion Ruling

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    A recent Alaska Supreme Court ruling that a total pollution exclusion in a homeowners policy didn't bar coverage for carbon monoxide poisoning shows that even when policy language appears unambiguous on its face, courts can still consider the reasonable expectations of an insured to determine applicability, say attorneys at Hunton.

  • What's At Stake As 9th Circ. Eyes Cultural Resource Damages

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    In Pakootas v. Teck Cominco, the Ninth Circuit is faced with the long-unresolved question of whether cultural resource damages are recoverable as part of natural resource damages under the Superfund law — and the answer will have enormous implications for companies, natural resource trustees and Native American tribes, says Sarah Bell at Farella Braun.

  • Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration

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    The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.

  • Bid Protest Spotlight: Instructions, Price Evaluation, Standing

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    In this month's bid protest roundup, Caitlin Crujido at MoFo looks at three recent decisions that consider a contractor's attempt to circumvent unambiguous solicitation instructions, the fairness of an agency's price evaluation and whether a protestor that would be unable to perform even if sucessful has standing.

  • E-Discovery Quarterly: The Perils Of Digital Data Protocols

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    Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.

  • Defense Strategies After Justices' Personal Injury RICO Ruling

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    In Medical Marijuana v. Horn, the U.S. Supreme Court recently held that the Racketeer Influenced and Corrupt Organizations Act can be invoked by some plaintiffs with claims arising from personal injuries — but defense counsel can use the limitations on civil RICO claims to seek early dismissal in such cases, say attorneys at Debevoise.

  • Series

    Law School's Missed Lessons: Preparing For Corporate Work

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    Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.

  • Opinion

    The SEC Must Protect Its Best Tool For Discovering Fraud

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    By eliminating the consolidated audit trail's collection of most retail customer information, the U.S. Securities and Exchange Commission may squander a once-in-a-generation opportunity to deter securities market fraud and abuse, something new Chair Paul Atkins must ensure doesn't happen, says former SEC data strategist Hugh Beck.

  • Series

    Florida Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of 2025 saw the Trump administration's crypto-forward approach permeate the banking industry, including Florida banking institutions, and a Fourth District Court of Appeal decision provide a new precedent for borrower/lender standing, say attorneys at Kozyak Tropin.

  • Meta Case Brings Customer-Facing Statements Issue To Fore

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    Now that Facebook v. Amalgamated Bank has returned to California federal court after the U.S. Supreme Court in November found it improvidently granted certiorari, it will be worth watching whether customer-facing communications, such as Facebook's privacy policies, are found to be made in connection with the sale of a security, says Samuel Groner at Fried Frank.

  • A Cold War-Era History Lesson On Due Process

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    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

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