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Appellate

  • August 05, 2025

    5th Circ. Wipes Out Honeywell Win In Worker's Vaccine Fight

    The Fifth Circuit on Tuesday resurrected a former Honeywell employee's suit claiming he was fired for refusing to get the COVID-19 vaccine after his request for a religious exemption was denied, ruling that a jury could indeed determine that the worker faced religious discrimination.

  • August 05, 2025

    Key Opioid Theory Actually Irrelevant, Drug Cos. Tell 4th Circ.

    With federal judges in West Virginia suddenly split over the central legal theory in opioid litigation, major drug distributors are insisting the theory actually doesn't matter, telling the Fourth Circuit it can uphold their triumph in a landmark trial without even touching the hot-button issue.

  • August 05, 2025

    Biz Prof's Pay Based On Experience, Not Bias, 6th Circ. Told

    Michigan Technological University told the Sixth Circuit on Monday that a former accounting professor was paid less than her husband because he had more teaching experience and better evaluations, urging the court to reject her appeal challenging the dismissal of pay disparity claims and racial or gender discrimination.

  • August 05, 2025

    Walmart's $2.6M Fall Injury Verdict Not Excessive, Court Affirms

    A California appeals court has affirmed a $2.6 million award in a suit accusing Walmart of causing a customer's devastating hamstring injury in a fall, saying the verdict was not excessive given the evidence.

  • August 05, 2025

    USPTO Urges Fed. Circ. To End Motorola's Fintiv Appeal

    The U.S. Patent and Trademark Office stood by its acting leader's decision to shut down Motorola's challenge to various Stellar patents at the Patent Trial and Appeal Board, saying all of Motorola's appellate arguments at the Federal Circuit should be rejected.

  • August 05, 2025

    5th Circ. Says Texas Voter ID Law Is Legally Sound

    A Fifth Circuit panel upheld a Texas law that requires voters to provide an identification number when voting by mail, finding the law complies with the Civil Rights Act and that the state designed it to combat mail-in ballot fraud.

  • August 05, 2025

    Fired NCUA Officials Urge DC Circ. To Return Them To Board

    Two top credit union regulators fired by President Donald Trump are asking the D.C. Circuit to let them go back to work while it reviews a lower-court decision reinstating them, arguing their service is needed to prevent a painful impending snapback in interest-rate limits for federal credit unions.

  • August 05, 2025

    Fed. Circ. Presses Brita On Bid To Revive Water Filter Patent

    A Federal Circuit panel Tuesday questioned Brita LP's effort to reverse a U.S. International Trade Commission decision that a water filter patent is invalid, suggesting the patent describes little more than an unpredictable scientific formula.

  • August 05, 2025

    Ex-USPTO Heads, Judges Oppose Anti-Patent Thicket Bill

    A pro-innovation group composed of former U.S. Patent and Trademark Office officials and former Federal Circuit judges on Tuesday asked Congress to oppose a bill introduced last month that would limit so-called patent thickets used by pharmaceutical companies to restrict the production of generic counterparts to their drugs.

  • August 05, 2025

    Fed. Circ. Panel Feeling Deja Vu In Hoverboard IP Case

    A Federal Circuit panel had little support for the owner of hoverboard design patents Tuesday, as the judges said much of its noninfringement appeal relies on concerns addressed in a prior appellate decision.

  • August 05, 2025

    Fed. Circ. Partly Revives Solar Panel Safety Patent Challenge

    The Federal Circuit on Tuesday said the Patent Trial and Appeal Board has to take another look at one of renewable energy industry trade group SunSpec Alliance's arguments in its challenge to claims of a patent on safeguards for solar panels.

  • August 05, 2025

    10th Circ. Says No Signature Needed In Asylum Appeal

    The Tenth Circuit on Tuesday revived a Salvadoran family's appeal of an immigration judge's denial of their asylum claim, ruling that the Board of Immigration Appeals wrongly rejected it over a missing signature that wasn't legally required.

  • August 05, 2025

    UBH Patients Score Partial Win In Mental Health Claims Fight

    A California federal judge handed a partial win Tuesday to a class of participants in employee health benefit plans who sought coverage for mental health and substance use disorder treatments from United Behavioral Health, holding the company's overly restrictive guidelines breached fiduciary duties under federal benefits law.

  • August 05, 2025

    Fed. Hazmat Law Doesn't Bar Negligence Suit, 2nd Circ. Says

    A Connecticut federal judge was wrong to find that the Hazardous Materials Transportation Act preempted a propane company's common-law negligence and recklessness claims over damage it suffered from a heating oil spill, the Second Circuit ruled Tuesday in restoring a lawsuit seeking more than $500,000 to cover remediation costs.

  • August 05, 2025

    McDermott Investors Say One Class Is Enough In Fraud Case

    An employee retirement plan leading an investor class action against McDermott International Inc. asked the Fifth Circuit on Tuesday to reverse an order certifying two subclasses of investors based on whether they held stock before or after a 2018 merger.

  • August 05, 2025

    Ill. Appeals Court Backs Counsel Redo In Battery Case

    An Illinois state appeals court has ruled that a man found guilty of domestic battery is entitled to a trial court hearing on a motion he personally lodged claiming his attorney was ineffective and that he was unfairly denied the hearing because of how he filed the request.

  • August 05, 2025

    2nd Circ. Nixes Madoff Feeder Fund Clawback Suits

    About 300 clawback lawsuits filed by the liquidators of British Virgin Islands-based funds that invested in Bernard L. Madoff Investment Securities should be dismissed, a Second Circuit panel said on Tuesday, finding the deals were protected by the U.S. Bankruptcy Code's safe harbor for securities transactions.

  • August 05, 2025

    Homeowners Policy Doesn't Cover Shooting, 6th Circ. Says

    State Farm has no duty to defend or indemnify a man facing wrongful death claims after he unintentionally shot and killed a woman in a domestic dispute, the Sixth Circuit affirmed Tuesday, finding that his intentional gunshots still created a foreseeable risk of harm and thus weren't an insurable accident.

  • August 05, 2025

    Infant Death Suit Reinstated Against Texas Hospital, Doctors

    A Texas appeals panel on Tuesday reinstated a couple's suit against Texas Children's Hospital and doctors with Baylor College of Medicine over the death of their 5-week-old infant, finding the trial court abused its discretion in finding their expert report was insufficient to support their claims.

  • August 05, 2025

    DC Circ. Upholds Reincarceration Following Release Mistake

    The D.C. Circuit ruled Tuesday that the lower court in the district did not violate the civil rights of a man who served 27 additional months in prison after the D.C. Department of Corrections accidentally released him and only discovered the error while he was incarcerated again for a different matter.

  • August 05, 2025

    Pa. Court Says State Can Suspend DUI Suspect's License

    In a precedential ruling, Pennsylvania's Commonwealth Court has found that a state law stripping those suspected of DUI of their driver's licenses for one year if they refuse to be tested for intoxicating substances is constitutional, despite a driver's contrary assertions.

  • August 05, 2025

    RI Urges 1st Circ. To Toss Challenge To Pot License Regime

    Rhode Island cannabis regulators on Tuesday urged the First Circuit to uphold the dismissal of a Florida entrepreneur's challenge to the state's marijuana licensure program and to reject his bid to have the case remanded back to lower district court.

  • August 05, 2025

    4th Circ. Faults Board For Shallow Review Of Asylum Case

    The Fourth Circuit on Tuesday partially revived a Salvadoran woman's claim for asylum, finding that the Board of Immigration Appeals failed to properly assess whether she belonged to a legally protected social group.

  • August 05, 2025

    Ghislaine Maxwell Slams Feds' Bid To Unseal Grand Jury Docs

    Ghislaine Maxwell, who is serving a 20-year prison sentence for trafficking children for late sex offender Jeffrey Epstein, urged a New York federal judge Tuesday to deny the government's bid to unseal grand jury transcripts, saying release of the sealed materials could jeopardize the appeal of her 2021 conviction.

  • August 05, 2025

    Yacht Listing Co. Tells 11th Circ. Sellers Agree To Arbitrate

    A yacht listing service told the Eleventh Circuit that sellers agree to arbitrate any claims related to the platform when a broker lists their vessel, as it looks to force arbitration in a case accusing it of conspiring with others to inflate broker fees.

Expert Analysis

  • Opinion

    The Legal Education Status Quo Is No Longer Tenable

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    As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.

  • 2nd Circ. Reinforces Consensus On Vacating Foreign Awards

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    In Molecular Dynamics v. Spectrum Dynamics Medical, the Second Circuit recently affirmed that federal district courts do not possess subject matter jurisdiction to vacate foreign arbitral awards, strengthening this consensus across the circuits most active in recognition and enforcement actions, says Ed Mullins at Reed Smith.

  • What Dismissal Rulings May Mean For ERISA Forfeiture Cases

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    Following an influx of Employee Retirement Income Security Act class actions challenging the long-standing practice of plan sponsors using plan forfeitures to offset employer contributions, recent motion to dismiss rulings and a U.S. Department of Labor amicus brief may encourage more courts to reject plaintiffs' forfeiture theories, say attorneys at Mayer Brown.

  • Justices' Age Verification Ruling May Lead To More State Laws

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    The U.S. Supreme Court’s recent Free Speech Coalition v. Paxton ruling, permitting a Texas law requiring certain websites to verify users’ ages, significantly expands states' ability to regulate minors’ social media access, further complicating the patchwork of internet privacy laws, say attorneys at Troutman.

  • E-Discovery Quarterly: Rulings On Relevance Redactions

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    In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.

  • Opinion

    Section 1983 Has Promise After End Of Nationwide Injunctions

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    After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.

  • Reel Justice: 'Oh, Hi!' Teaches Attys To Return To The Statute

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    The new dark comedy film “Oh, Hi!” — depicting a romantic vacation that turns into an inadvertent kidnapping — should remind criminal practitioners to always reread the statute to avoid assumptions, meet their ethical duties and finesse their trial strategy, says Veronica Finkelstein at Wilmington University School of Law.

  • Patent Ambiguity Persists After Justices Nix Eligibility Appeal

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    The Supreme Court recently declined to revisit the contentious framework governing patent eligibility by denying certiorari in Audio Evolution Diagnostics v. U.S., suggesting a necessary recalibration of both patent application and litigation strategies, say attorneys at Skadden.

  • Justices' Decision Axing Retiree's ADA Claim Offers Clarity

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    The U.S. Supreme Court's holding in Stanley v. City of Sanford that protections under Title I of the Americans with Disabilities Act don't extend to retirees potentially limits liability by giving employers additional support to challenge complaints, and highlights the need for proactive policy management to mitigate risk, say attorneys at Jackson Lewis.

  • Fed. Circ. In June: Transitional Phrases In Patent Claims

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    The Federal Circuit's recent decision in Eye Therapies v. Slayback Pharma takes on the rarely addressed topic of transitional phrases in patent claims, providing some useful lessons regarding restating claim language and broadly distinguishing prior art, say attorneys at Knobbe Martens.

  • Series

    Playing Soccer Makes Me A Better Lawyer

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    Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.

  • What To Do When Congress And DOJ Both Come Knocking

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    As recently seen in the news, clients may find themselves facing parallel U.S. Department of Justice and congressional investigations, requiring a comprehensive response that considers the different challenges posed by each, say attorneys at Friedman Kaplan.

  • Series

    Law School's Missed Lessons: Learning From Failure

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    While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.

  • Eye Drop Ruling Clarifies Importance Of Patent Phrasing

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    The Federal Circuit's recent ruling in Eye Therapies v. Slayback, rejecting the Patent Trial and Appeal Board's interpretation of "consisting essentially of," highlights the importance of using clear and consistent terms throughout a patent's filing history to shield it against future challenges, says Liliana Di Nola-Baron at Panitch Schwarze.

  • Midyear Rewind: How Courts Are Reshaping VPPA Standards

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    The first half of 2025 saw a series of cases interpreting the Video Privacy Protection Act as applied to website tracking technologies, including three appellate rulings deepening circuit splits on what qualifies as personally identifiable information and who qualifies as a consumer under the statute, say attorneys at Perkins Coie.

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