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Appellate

  • June 13, 2025

    Texas Justices Pass On Final 'Love Is Blind' Appeal

    The Texas Supreme Court on Friday declined for the third time to intervene in a suit between the producers of Netflix's "Love Is Blind" and a former contestant who says she was sexually assaulted while filming the show.

  • June 13, 2025

    DC Circ. Sides With FERC In Substation Cost Dispute

    A D.C. Circuit panel ruled Friday that the Federal Energy Regulatory Commission got it right when it denied a wind facility operator's petition seeking reimbursement from the Western Area Power Administration for its contribution to a substation expansion.

  • June 13, 2025

    Midyear Report: 5 ERISA Decisions Attys Should Know

    The U.S. Supreme Court revived retirement plan mismanagement allegations against Cornell University, the Sixth Circuit restarted a yacht company's suit against its health benefits administrator and American Airlines took a hit for emphasizing socially conscious investing in its 401(k) plan decisions. Here are five important decisions that came down in Employee Retirement Income Security Act cases during the first half of this year.

  • June 13, 2025

    Oregon Takes Cannabis Labor Peace Row To 9th Circ.

    Oregon officials will appeal a federal judge's order barring enforcement of a voter-approved law that required licensed cannabis businesses to enter into labor peace pacts with their workers.

  • June 13, 2025

    Grassley Budget Bill Calls For More Use Of Injunction Bonds

    Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, has released his portion of the budget reconciliation text, which would bolster the use of injunction bonds to raise the stakes for plaintiffs seeking to halt White House initiatives.

  • June 13, 2025

    Fed. Circ. Remands Wine Trademark Dispute To TTAB

    The Federal Circuit on Friday revived a challenge that Chateau Lynch-Bages' launched against an application for a trademark with a similar name to the chateau's second-label Bordeaux wine, saying the Trademark Trial and Appeal Board must take another look.

  • June 13, 2025

    Ex-Defender Urges 4th Circ. To 'Fortify' Workplace Protections

    A former assistant public defender has doubled down on efforts to revive her sex bias suit against the federal judiciary, telling the Fourth Circuit that siding with the judiciary would further discourage its employees from speaking up or reporting abuse out of fear of retaliation.

  • June 13, 2025

    Mayer Brown Helps Get Man Off Death Row After 21 Years

    A team of Mayer Brown LLP attorneys fought for decades to get the death sentence of a Houston man commuted to life in light of the inmate's intellectual disability, in a case that shows how legal standards have evolved in an area once known as "death county."

  • June 13, 2025

    Colo. Appeals Upholds State Board Rules On Teacher Reviews

    A state appeals court sided with the Colorado State Board of Education in a challenge brought by an educators union against the board's new teacher performance evaluation system and the appeal process for those evaluations, precedentially ruling that the board acted within its delegated authority.

  • June 13, 2025

    NJ Judge Accepts Feds' New Bid To Keep Khalil Jailed

    A New Jersey federal judge on Friday declined Columbia graduate student Mahmoud Khalil's request to be released from immigration detention after the Trump administration said earlier in the day it has alternative grounds to keep him behind bars.

  • June 12, 2025

    Feds Urge 1st Circ. To Allow End Of Immigrant Parole Program

    The Trump administration Wednesday urged the First Circuit to lift a district court's block on the federal government from rescinding temporary Biden-era removal protections from more than 500,000 Cuban, Haitian, Nicaraguan and Venezuelan immigrants, saying the U.S. Supreme Court already hinted that the order was a mistake.

  • June 12, 2025

    Ex-UPS Workers Urge 9th Circ. To Revive State Law Claims

    An attorney for some former United Parcel Service workers urged a Ninth Circuit panel Thursday to undo a decision barring them from proceeding with some state employment claims because the workers memorialized them on union grievance forms, telling the panel the claims aren't preempted by federal law.

  • June 12, 2025

    7th Circ. Backs Hartford's Denial Of Benefits To Ex-PwC Exec

    The Seventh Circuit on Thursday refused to revive a lawsuit by a former PricewaterhouseCoopers LLP executive accusing the accounting firm's disability insurance provider of wrongly denying her long-term disability benefits for her fibromyalgia, affirming a lower court's "detailed and diligent opinion" that found her condition limiting, but not disabling.

  • June 12, 2025

    Publisher Slams Lindberg's 'Inappropriate' Use Of Affidavit

    A publisher seeking to collect on a $1.24 million judgment from a Florida holding company linked to convicted insurance fraudster Greg Lindberg pushed back Wednesday at Lindberg's bid to avoid the payout, telling a North Carolina appeals court that it's "inappropriate" of him to use a 2-year-old filing in a separate case to back his argument.

  • June 12, 2025

    Arbitration Order Reversed In Fla. Medical Office Battery Case

    A Florida state appellate court reversed an order for a doctor's lawsuit alleging she was battered by a fellow shareholder of their medical practice to be resolved out of court, allowing the case to be tried before a jury.

  • June 12, 2025

    Mitek's Bid To Be Cleared On USAA Patents Fails At Fed. Circ.

    The Federal Circuit on Thursday barred banking software company Mitek Systems from seeking a declaration that it doesn't infringe United Services Automobile Association's mobile check-deposit patents, saying Mitek has not shown that it is likely to be sued.

  • June 12, 2025

    6th Circ. Skeptical Of Auto Co.'s NLRB Constitutionality Suit

    A Sixth Circuit panel appeared unlikely Thursday to back an auto parts manufacturer's request to block a National Labor Relations Board prosecution because of alleged constitutional defects in the agency's structure, as the judges probed whether an agency judge's decision against the company and the board's lack of a quorum affect the dispute.

  • June 12, 2025

    8th Circ. Upholds Block On Minn. Generic-Drug Price Law

    The Eighth Circuit on Thursday backed a lower court's preliminary injunction blocking a Minnesota law that prohibits pharmaceutical manufacturers from imposing an "excessive" price increase on generic or biosimilar drugs, agreeing that the law is likely unconstitutional in regulating prices charged nationwide.

  • June 12, 2025

    Live Nation Defending 'Unfair' Arbitration, Justices Told

    Concertgoers suing Live Nation over allegedly anticompetitive conduct urged the U.S. Supreme Court on Thursday not to take up the company's bid to force them into arbitration, arguing that lower courts rightly dinged a switch to a new arbitrator with strict rules meant to limit mass arbitration tactics by the plaintiffs' bar.

  • June 12, 2025

    'Forum Shopping' Center Stage At 6th Circ. Drug Pricing Args

    As part of an expansive effort to tee up U.S. Supreme Court review, pharmaceutical industry-backed opponents of Medicare's drug price negotiations entered less-than-hospitable territory at the Sixth Circuit, where judges pointedly questioned a local business group's basis for challenging a national healthcare program.

  • June 12, 2025

    PNC Gets Fed. Circ. To Undo Its $223M Patent Loss To USAA

    The Federal Circuit on Thursday wiped out two jury verdicts totaling nearly $223 million that United Services Automobile Association won against PNC Bank on mobile check deposit patents, finding the patents cover only abstract ideas.

  • June 12, 2025

    USPTO Tells Fed. Circ. Not To Review Ruling In Xencor Case

    The U.S. Patent and Trademark Office has found that the full Federal Circuit doesn't need to review a decision rejecting Xencor Inc.'s application for an antibody patent, saying that a panel of the appellate court applied the right standard.

  • June 12, 2025

    Wash. Justice Doubts Both Sides In Election Law Fight

    A Washington Supreme Court justice said Thursday he believed a political action committee and county auditor are both wrong about the disputed meaning of a state law governing city charter amendment elections, as he and his colleagues flagged discrepancies in the parties' arguments.

  • June 12, 2025

    6th Circ. Probes County's Push To Upend Worker's ADA Win

    The Sixth Circuit had tough questions Thursday for a Tennessee county trying to upend a jury win for a worker with night blindness who said her firing violated disability bias law, with one judge saying the county relied on a decision issued before the law's definition of disability was expanded.

  • June 12, 2025

    3rd Circ. Will Reconsider Shipbuilder's Ch. 11 Reopening Bid

    The Third Circuit said Thursday that it will reconsider whether to reopen Congoleum Corp.'s 2003 Chapter 11 bankruptcy so the bankruptcy court, not a district court, can say whether Congoleum affiliate Bath Iron Works should share liability for cleaning up a polluted New Jersey river.

Expert Analysis

  • Deregulation Memo Presents Risks, Opportunities For Cos.

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    A recent Trump administration memo providing direction to agencies tasked with rescinding regulations under an earlier executive order — without undergoing the typical notice-and-review process — will likely create much uncertainty for businesses, though they may be able to engage with agencies to shape the regulatory agenda, say attorneys at Blank Rome.

  • 4th Circ. 'Actionable Inaccuracy' Finding Deepens FCRA Split

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    The Fourth Circuit's March finding in Roberts v. Carter-Young Inc. that an actionable inaccuracy under the Fair Credit Reporting Act can be both legal and factual widens an existing circuit split and should prompt furnishers to review their processes for investigating readily verifiable information, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lessons: Mastering Discovery

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    The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.

  • Breaking Down 4th Circ. 'Actual Knowledge' Ruling For Banks

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    A recent decision from the Fourth Circuit finding that banks must have "actual knowledge" to be found liable for losses arising from an automated clearinghouse transfer warns that the more financial institutions know about a name mismatch issue for any particular transaction, the more liability they may face, say attorneys at Katten.

  • Strategies To Limit Inherent Damage Of Multidefendant Trials

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    As shown by the recent fraud convictions of two executives at the now-shuttered education startup Frank, multidefendant criminal trials pose unique obstacles, but with some planning, defense counsel can mitigate the harm and maximize the chances of a good outcome, says Kenneth Notter at MoloLamken.

  • Patent Takeaways In Fed. Circ.'s 1st Machine Learning Ruling

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    The Federal Circuit’s recent decision in Recentive Analytics v. Fox, a case of first impression affirming the invalidity of patents that applied general machine learning methods to conventional tasks, serves as a cautionary guide for patent practitioners navigating the complexities of machine learning inventions, say attorneys at Foley & Lardner.

  • AT&T Decision May Establish Framework To Block FCC Fines

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    The Fifth Circuit's recent decision in AT&T v. FCC upends the commission's authority to impose certain civil penalties, reinforcing constitutional safeguards against administrative overreach, and opening avenues for telecommunications and technology providers to challenge forfeiture orders, say attorneys at HWG.

  • Series

    Playing Guitar Makes Me A Better Lawyer

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    Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.

  • Crisis Management Lessons From The Parenting Playbook

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    The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.

  • High Court's Ruling May Not Stop Ghost Gun Makers

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    In Bondi v. VanDerStok, a majority of the U.S. Supreme Court ruled that the Gun Control Act applies to untraceable "ghost gun" kits under certain circumstances — but companies that produce these kits may still be able to use creative regulatory workarounds to evade government oversight, says Samuel Bassett at Minton Bassett.

  • Justices' Labcorp Questions Explore Class Cert. Tensions

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    At the recent oral argument before the U.S. Supreme Court in Laboratory Corporation of America Holdings v. Davis, the justices' questioning highlighted a fundamental tension between constitutional standing requirements, the procedural framework of Rule 23, and the practical challenges of managing large, diverse classes in complex litigation, say attorneys at Winston & Strawn.

  • Immunity Waiver Ruling A Setback For Ch. 7 Trustees

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    While governmental units should welcome the U.S. Supreme Court's recent decision in U.S. v. Miller restricting the reach of the Bankruptcy Code's sovereign immunity waiver, Chapter 7 trustees now have a limited ability to maximize bankruptcy estates, says Dan Prieto at Jones Day.

  • Wash. Justices' Moonlight Ruling Should Caution Employers

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    The Washington Supreme Court's recent decision in David v. Freedom Vans, which limited when employers can restrict low-wage workers from moonlighting, underscores the need for employers to narrowly tailor restrictive covenants, ensuring that they are reasonable and allow for workforce mobility, say attorneys at Perkins Coie.

  • What To Watch For As High Court Mulls NRC's Powers

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    If successful, Texas’ challenges to the U.S. Nuclear Regulatory Commission’s authority — recently heard by the U.S. Supreme Court and currently pending before a Texas federal court — may have serious adverse consequences for aspiring NRC licensees, including potential nuclear power plant operators, say attorneys at Haynes Boone.

  • Series

    Adapting To Private Practice: From NY Fed To BigLaw

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    While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.

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