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Appellate

  • June 17, 2025

    'Is Anybody Home?': Ex-Judge Faces Ethics Case Over Delays

    A former California state appellate justice whose persistent backlog subjected hundreds of cases, including some involving juveniles, to delays of four, five, even eight years is now facing a state ethics proceeding alleging neglect of duty and willful misconduct in office.

  • June 17, 2025

    Mich. Court Backs County's Bid For Financial Data Access

    Elected commissioners in Macomb County, Michigan, won a state Supreme Court bid to gain access to the county's financial information, while the court also left in place a ruling that Macomb's prosecutor may turn to outside law firms for legal advice.

  • June 17, 2025

    1st Circ. Says Ex-Santander Loan Officer Can't Bypass ERISA

    A former high-earning mortgage development officer for Santander Bank cannot attempt an "end run" around the Employee Retirement Income Security Act by pursuing civil claims under Rhode Island state law over her 2022 firing, a First Circuit panel has ruled.

  • June 17, 2025

    Fed. Circ. Undoes PTAB Win For Tech Giants On Web Patent

    The Federal Circuit on Tuesday threw out the Patent Trial and Appeal Board's decision that invalidated claims in an Express Mobile patent covering ways to build a website, handing a loss to patent challengers Meta, Google and others.

  • June 17, 2025

    NJ Supreme Court Rejects Judicial Privacy Law Challenge

    The New Jersey Supreme Court on Tuesday threw out a journalist's constitutional challenge to the judicial privacy measure Daniel's Law, finding it serves "a state interest of the highest order" in seeking to keep certain public officials out of harm's way.

  • June 17, 2025

    Sam's Club $310M Tobacco Tax Bill OK'd By Ill. Appeals Panel

    A Sam's Club outlet in Illinois was correctly assessed $310 million for its failure to pay county tobacco taxes on cigarettes it sold to out-of-county retailers, a state appeals panel said in a judgment, reversing a circuit court decision.

  • June 17, 2025

    2nd Circ. Seems Inclined To Uphold FedEx Race Bias Win

    A Black fired FedEx driver may not have laid out sufficient evidence to get his race discrimination and retaliation suit revived, a Second Circuit panel indicated Tuesday, with one judge saying she wasn't sure how the facts he had presented would be enough for an initial case.

  • June 17, 2025

    2nd Circ. Weighs Harms In Post-Pandemic School Funds Fight

    The Second Circuit asked Tuesday if the federal government would be irreparably harmed if ordered to continue hundreds of millions of dollars of ongoing education-related COVID-19 pandemic recovery funding, as it mulled an order barring the Trump administration from cutting off the money.

  • June 16, 2025

    Asian Bar Groups Jump Into Fight Over Trump Birthright Ban

    The National Asian Pacific American Bar Association and dozens of other affiliated legal organizations urged the First Circuit on Monday to uphold a Massachusetts federal judge's decision blocking President Donald Trump's executive order limiting birthright citizenship, saying the White House order is unconstitutional and would "disproportionately harm" Asian American communities.

  • June 16, 2025

    DOJ Says Naval Academy Admissions Policy Case Is Moot

    The U.S. Department of Justice on Monday asked the Fourth Circuit to toss an appeal challenging the U.S. Naval Academy's consideration of race in admissions because the school has since changed its admissions program "so that race and ethnicity are no longer considered in any way at any point."

  • June 16, 2025

    NJ Justices OK Grand Jury Investigations Of Clergy Abuse

    New Jersey can empanel a special grand jury to investigate allegations of clergy sexual abuse, the state Supreme Court ruled unanimously Monday, saying that no case law or court rule allows a judge to prohibit a grand jury inquiry before it has even begun.

  • June 16, 2025

    Fed. Circ. Faults Ax Of Patent Targeted By Nintendo, Others

    The Federal Circuit on Monday vacated Patent Trial and Appeal Board decisions invalidating claims in a computer security patent asserted against Nintendo, Roku and Vizio, saying the board didn't give enough weight to "substantial" licenses for the patent when finding it obvious.

  • June 16, 2025

    NY Seeks To Move Feds' Climate Superfund Suit Upstate

    The Trump administration's lawsuit challenging New York's climate change Superfund law should be transferred from the Southern District of New York to the Northern District, where it can join a similar lawsuit lodged by several Republican-led states, New York told a federal judge.

  • June 16, 2025

    4th Circ. Upholds Revival Of Naval Engineers' No-Poach Case

    The Fourth Circuit has kept its revival of a no-poach wage-fixing case against some of the nation's biggest warship makers intact, rejecting a petition to rehear the case en banc after a three-judge panel kicked it back to district court last month.

  • June 16, 2025

    Catching Up With Delaware's Chancery Court

    Delaware's Court of Chancery this past week sought answers in the high-stakes battle over the constitutionality of newly enacted Delaware corporation law amendments, which will hitch a ride to the state's Supreme Court via a suit contesting a $117 million acquisition of Clearway Energy Inc. by its majority shareholder.

  • June 16, 2025

    Pa. Court Revives Suit Over Patient's Bad Drug Reaction

    A Pennsylvania appellate panel on Monday reinstated a suit accusing a doctor of causing a patient's fainting and subsequent broken leg due to negligently prescribed medication, saying the trial court erroneously approved a dismissal bid that a different judge previously rejected.

  • June 16, 2025

    Texas Panel Says NY Law Applies In Tornado Coverage Row

    An Illinois-based company must litigate its insurance coverage battle over merchandise damage from a Dallas tornado under New York law, a Texas appeals court affirmed, finding the company's "legal injury" took place in New York.

  • June 16, 2025

    Faulty Gilstrap Instructions Sink $300M Apple Patent Verdict

    The Federal Circuit on Monday vacated a $300 million patent infringement jury verdict against Apple, saying the technology company's right to a unanimous verdict was violated by an Eastern District of Texas judge's instructions that lumped all asserted patents into one bulk infringement question.

  • June 16, 2025

    Gaming Group Backs High Court Fight In Wash. Compact Row

    The California Gaming Association is backing a casino owner and operator in its U.S. Supreme Court bid to undo a Ninth Circuit ruling dismissing the company's challenge to Washington state tribal gaming compacts, arguing the nonprofit has an interest in ensuring its members can pursue their legal claims.

  • June 16, 2025

    Dems Push DHS To Restart DACA Applications Nationwide

    U.S. Sen. Dick Durbin, D-Ill., ranking member of the Senate Judiciary Committee, and 40 other Senate Democrats are looking to ensure the Trump administration is following a Fifth Circuit decision that limited a block on the Deferred Action for Childhood Arrivals program solely to Texas.

  • June 16, 2025

    Texas Justices Say Park Repairs Trump Native Religion Claims

    A law forbidding Texas from enacting rules to curtail certain religious services does not extend to its preservation and management of publicly owned lands, the state Supreme Court said, weighing in on a Fifth Circuit dispute between Native American church members and the city of San Antonio over access to a local park.

  • June 16, 2025

    Fed. Circ. Reverses False Ad Verdict Against ThermoLife

    The Federal Circuit on Monday reversed a Florida federal court's decision that ThermoLife falsely promoted amino acid products used in supplements and engaged in unfair competition, but backed a sanctions award over a licensing agreement issue.

  • June 16, 2025

    Ohio Tells 6th Circ. PBM Case Doesn't Target Federal Work

    Ohio urged the Sixth Circuit to send its case accusing Express Scripts and Prime Therapeutics of driving up prescription drug prices through rebate schemes back to state court, arguing the case doesn't target any federal government work by the pharmacy benefit managers.

  • June 16, 2025

    Colo. Justices Allow Malicious Prosecution Case To Proceed

    The Colorado Supreme Court on Monday ruled unanimously that a plaintiff may still have probable cause in a malicious prosecution case even if they were unable to win in the original case at summary judgment.

  • June 16, 2025

    Live Nation Arbitration Firm Defends Its 'Flexible' Approach

    Live Nation's chosen arbitration firm is urging the U.S. Supreme Court to take up the concert giant's bid to force concertgoers into arbitration, arguing its procedures are fair, and it was wrongly dinged for what the Ninth Circuit called "internally inconsistent, poorly drafted" arbitration rules.

Expert Analysis

  • 2nd Circ. Arb. Ruling May Give Foreign Insurers An Edge

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    The Second Circuit's decision this month in Lloyds of London v. 3131 Veterans Blvd that international arbitration agreements take primacy over state anti-arbitration insurance laws opens a division between domestic and foreign insurers that could affect the surplus lines market, says attorney Rosanne Felicello.

  • Buyer Beware Of Restrictive Covenants In Delaware

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    Based on recent Delaware Chancery Court opinions rejecting restricted covenants contained in agreements in the sale-of-business context, businesses need to craft narrowly tailored restrictions that have legitimate interests, say attorneys at Saul Ewing.

  • Series

    Brazilian Jiujitsu Makes Me A Better Lawyer

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    Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.

  • Fed. Circ. Offers Lesson On Gov't Data Rights In Contracts

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    The Federal Circuit's recent decision in FlightSafety v. Air Force serves as a warning for U.S. Department of Defense contractors attempting to mark their commercial technical data developed at private expense, say attorneys at Butzel Long.

  • Birthright Ruling Could Alter Consumer Financial Litigation

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    The U.S. Supreme Court’s upcoming decision about the validity of the nationwide injunctions in the birthright citizenship cases, argued on May 15, could make it much harder for trade associations to obtain nationwide relief from the Consumer Financial Protection Bureau's enforcement of invalid regulations, says Alan Kaplinsky at Ballard Spahr.

  • Fed. Circ. In April: Introducing New Evidence During IPR

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    The Federal Circuit's decision in Sage Products v. Stewart last month upheld the Patent Trial and Appeal Board's decision to allow a petitioner to rely on case-dispositive evidence beyond prior art references, affording petitioners in inter partes review proceedings greater latitude in the timing of evidence presentation, say attorneys at Knobbe Martens.

  • 1st Circ. Ruling Widens Split Over Sentencing Enhancements

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    In U.S. v. Salvador-Gutierrez, the First Circuit recently switched sides in a circuit split by holding that certain sentencing enhancements apply only where the defendant used a minor in the commission of the crime, deepening a divide over the scope of role adjustments, says Sarah Sulkowski at Gelber & Santillo.

  • A Cautionary Fed. Circ. Tale On Design Patents

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    The Federal Circuit's decision last month in Floyd highlights a risk in design patent prosecution — attempting to claim priority to a utility application, says John Hemmer at Morgan Lewis.

  • Series

    Power To The Paralegals: An Untapped Source For Biz Roles

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    Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.

  • Google Case Amicus Briefs Reveal Patent Damage Fault Lines

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    The 21 amicus briefs filed before the en banc rehearing of EcoFactor v. Google offer opposing viewpoints on important patent damages issues that extend beyond the specific question the Federal Circuit eventually ruled on, helping practitioners anticipate and address likely objections to future damages opinions, say attorneys at Stout.

  • Using Federal Forum Provisions To Nix State Securities Cases

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    A California appeals court's recent decision in Bullock v. Rivian clarifies that underwriters may enforce federal forum provisions to escape state court Securities Act claims, marking progress in restoring such lawsuits to federal court and reducing the litigation costs arising from duplicative state court litigation, say attorneys at Paul Weiss.

  • 30 Years Later: 2nd Circ.'s Road To Arbitral Preemption

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    The Second Circuit's recent decision in Lloyds of London v. 3131 Veterans Blvd. overturns its own 1995 precedent and squares its position with decades of circuit court jurisprudence holding that international arbitration agreements must take primacy over state anti-arbitration insurance laws, say attorneys at Linklaters.

  • Series

    Playing Poker Makes Me A Better Lawyer

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    Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.

  • Series

    Law School's Missed Lessons: Becoming A Firmwide MVP

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    Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.

  • 9th Circ. Ruling Clarifies Derivative Suit Representation Test

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    The Ninth Circuit's recent ruling in Bigfoot Ventures v. Knighton clarifies the test used to assess the adequacy of a plaintiff's representation in a shareholder derivative action, and will likely prove useful to litigants by ensuring that courts can fully examine all relevant circumstances, say attorneys at Simpson Thacher.

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