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Appellate

  • July 08, 2025

    8th Circ. Strikes Down FTC's Click-To-Cancel Rule

    An Eighth Circuit panel on Tuesday vacated the Federal Trade Commission's planned "click-to-cancel" rule, which would have required companies to allow customers to ditch their subscriptions with a single click, finding that the commission did not follow the proper procedures once a judge determined the rule change would cost over $100 million. 

  • July 08, 2025

    Teva Challenge To J&J Antipsychotic Patent Fails At Fed. Circ.

    The Federal Circuit on Tuesday rejected Teva Pharmaceuticals USA Inc.'s challenge to the validity of claims in a Johnson & Johnson unit's patent covering a lucrative schizophrenia drug, disagreeing with the generic-drug maker that one of the patent's claims should be presumed obvious.

  • July 08, 2025

    VA Worker Can't Revive Scooter Storage Accommodation Suit

    The Seventh Circuit upheld the U.S. Department of Veterans Affairs' defeat of a lawsuit claiming the agency unlawfully revoked a disabled employee's reserved parking space during the COVID-19 pandemic, saying the VA's offer of an alternative spot wasn't unreasonable just because he couldn't lock his mobility scooter overnight.

  • July 08, 2025

    Aviation Co. Asks Justices To Clarify TM Jury Trial Rights

    A personal airplane manufacturer involved in a trademark dispute with a luxury charter-plane company has asked the U.S. Supreme Court to determine whether parties in infringement cases forfeit their right to a jury trial when seeking an accounting of profits as the monetary remedy instead of damages.

  • July 08, 2025

    Trump Tariff Fights Put Spotlight On Major Questions Doctrine

    Challenges to President Donald Trump's global tariffs have brought renewed attention to the U.S. Supreme Court's major questions doctrine, including observations that lower courts have so far inconsistently applied this approach when scrutinizing a range of agency actions.

  • July 08, 2025

    Poultry Farm Urges NC Justices To Reject Animal Cruelty Case

    A North Carolina poultry farm lambasted a chicken welfare group as allegedly seeking a "third bite at the proverbial apple" by petitioning the state's highest court to revive its animal cruelty case, saying the state's animal protection statute doesn't apply to commercial farmers.

  • July 08, 2025

    11th Circ. Asked To Rehear Carnival Cruise Sex Assault Case

    A teenage passenger has urged the Eleventh Circuit to reconsider its ruling absolving Carnival Corp. of liability for her onboard sexual assault, arguing that the cruise line knew of over 100 prior passenger-on-passenger assaults but failed to take simple steps like implementing curfews or adding security to protect minors.

  • July 08, 2025

    4th Circ. Revives Medical Device Co.'s Claim In Contract Suit

    The Fourth Circuit on Tuesday revived a medical device maker's breach of contract claim alleging a company it hired to manage its patents globally overcharged for services, sending the case back to a Virginia federal court.

  • July 08, 2025

    NC Atty Says Mistrial Order Puts Career At Risk In Appeal Bid

    A property restoration company and its trial attorney told the North Carolina Court of Appeals that the attorney did not engage in "serious misconduct," and urged it to toss components of a lower court's mistrial order.

  • July 08, 2025

    4th Circ. Won't Pause Ex-Naval Engineers' No-Poach Ruling

    The Fourth Circuit on Tuesday sent a revived class action alleging that shipbuilding military contractors used no-poach agreements to suppress wages back to district court, rejecting the contractors' motion for a stay while they prepare to send a certiorari petition to the U.S. Supreme Court.

  • July 08, 2025

    FinCEN To Appeal Block Of Trump's Border Cash Biz Order

    The Financial Crimes Enforcement Network, its director and others on Tuesday filed a notice of their plan to appeal a California federal judge's decision to temporarily block the Trump administration's order singling out cash-moving businesses along the southwest border for heightened anti-money laundering reporting.

  • July 08, 2025

    Exclusion's Use Of 'The' Supports Alt. Reading, 5th Circ. Says

    The Fifth Circuit said an exclusion barring coverage for intellectual property infringement claims didn't necessarily relieve an insurer from covering defense expenses an oil and gas company incurred in an IP theft lawsuit, finding the exclusion's use of "the" led to a pro-coverage, reasonable meaning.

  • July 08, 2025

    BCBS Of Mich. Wants Yacht Company's ERISA Fight Tossed

    A Michigan Blue Cross Blue Shield affiliate urged a federal court to toss a yacht company's suit alleging mismanagement of its employee health plan, arguing its allegations that out-of-network claims were mishandled were time-barred and failed to state a claim for violating federal benefits law.

  • July 08, 2025

    DEA Tells DC Circ. To Toss Ayahuasca Church's Petition

    Federal drug enforcers urged the D.C. Circuit on Tuesday to toss a petition brought by an Iowa church seeking a religious exemption to use a psychedelic in its rites, saying there was no legal basis to the organization's allegations that the agency took too long to process its application.

  • July 08, 2025

    Pa. Panel Grants Immunity To Nursing Board In Exam Dispute

    A Pennsylvania appellate court on Tuesday narrowly rejected a lawsuit filed by an ex-nurse who contends a state board violated her rights by ordering her to undergo a mental health exam, finding instead that the board members are entitled to quasi-judicial immunity.

  • July 08, 2025

    11th Circ. Affirms Tax Fraud Conviction, 4-Year Sentence

    The Eleventh Circuit upheld a Georgia woman's tax fraud conviction and four-year-plus prison sentence, rejecting her claims that the judge overseeing her case was biased, that her lawyer was ineffective and that a hearing should have been held on whether she was competent to stand trial.

  • July 08, 2025

    Conn. Atty Convicted In Shooting Denied Bond, For Now

    The Connecticut Appellate Court will not immediately allow former Cramer & Anderson LLP partner Robert L. Fisher Jr. to be released on bond while he challenges his March manslaughter conviction for shooting an attacker in his law firm's parking lot, but it will review a lower court's decision to keep him jailed.

  • July 08, 2025

    Calif. 'Trail Immunity' Blocks Suit Over Bicyclist's Death

    A California appeals court has refused to revive a woman's suit against East Bay Regional Park District over her husband's death, rejecting her argument that the state's "trail immunity" doesn't apply to paved trails.

  • July 08, 2025

    Ex-DC Prosecutors Rip Pick Of Emil Bove For 3rd Circ.

    In a letter to the Senate Judiciary Committee, a group of former federal prosecutors in Washington panned Emil Bove as a "dangerous" pick for the Third Circuit and criticized his record as a prosecutor as that of a loyal follower of President Donald Trump.

  • July 08, 2025

    Medical Co. Wants High Court To Review Rushed Patent Case

    A medical device maker has asked the U.S. Supreme Court to hear it out on claims that a North Carolina federal judge rushed the case to trial and violated the Fifth Amendment right to due process by shortening the amount of time for discovery.

  • July 08, 2025

    3rd Circ. Probes Constitutionality Of NJ Judicial Privacy Law

    A Third Circuit panel on Tuesday dug into the constitutionality of a New Jersey judicial privacy statute, with data brokers, a data protection company and the state debating whether the law provides a vital safeguard or imposes too-burdensome restrictions on the publication of publicly available information.

  • July 08, 2025

    Fla. Panel Fights Judge's Bid To Ax Fake-Recording Charges

    A Florida judicial ethics panel has said a judge in Broward County cannot escape ethics charges stemming from her 2024 election campaign, when she allegedly publicly shared a fabricated recording of a chief judge disparaging another judge.

  • July 08, 2025

    3rd Circ. Gives Philly Bus Driver Fresh Chance At FMLA Suit

    The Third Circuit on Tuesday reinstated a former Philadelphia bus driver's lawsuit alleging public transit authority SEPTA bucked the Family and Medical Leave Act when it fired him for missing work due to his sickle cell anemia.

  • July 08, 2025

    Trump Admin Backs Off Plan To Revisit Biden Asbestos Ban

    The U.S. Environmental Protection Agency on Monday told the Fifth Circuit it's not going to revise a Biden-era rule strengthening restrictions on asbestos use, and asked the court to restart litigation challenging the Biden rule.

  • July 08, 2025

    High Court Allows Trump's Gov't Cuts And Restructuring

    The U.S. Supreme Court on Tuesday ruled the Trump administration can move forward with its plans for large-scale layoffs and reorganizations at various federal departments and agencies, lifting a California federal judge's order that had paused the efforts while a legal challenge continues.

Expert Analysis

  • Fed. Circ. In Feb.: Lessons On Cases With Many Patent Claims

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    The Federal Circuit's decision in Kroy IP v. Groupon last month establishes that inter partes review petitioners cannot rely on collateral estoppel to invalidate patent claims after challenging a smaller subset, highlighting the benefit that patent owners may gain from seeking patents with many claims, say attorneys at Knobbe Martens.

  • PG&E Win Boosts Employers' Defamation Defense

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    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.

  • Justices' False Statement Ruling Curbs Half-Truth Liability

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    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.

  • Jurisdiction Argument In USAID Dissent Is Up For Debate

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    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.

  • Firms Still Have Lateral Market Advantage, But Risks Persist

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    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.

  • Opinion

    We Must Allow Judges To Use Their Independent Judgment

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    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.

  • Class Actions At The Circuit Courts: March Lessons

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    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.

  • High Court Water Permit Ruling Lacks Specificity

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    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.

  • The Central Issues Facing Fed. Circ. In Patent Damages Case

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    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.

  • Series

    Performing Stand-Up Comedy Makes Me A Better Lawyer

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    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.

  • Series

    Adapting To Private Practice: From SEC To BigLaw

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    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.

  • How Fed. Circ. Ruling Complicates Patent Infringement Cases

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    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.

  • The Revival Of Badie Arbitration Suits In Consumer Finance

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    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.

  • Making The Case For Rest In The Legal Profession

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    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.

  • 1st Circ. IMessage Ruling Illustrates Wire Fraud Circuit Split

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    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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