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Appellate

  • May 19, 2025

    Feds Want Full 2nd Circ. To Toss Student Removal Challenges

    The U.S. Department of Justice has asked the full Second Circuit to reconsider a pair of decisions siding with students who say they were detained by immigration officials for expressing pro-Palestinian views, doubling down on its argument that courts don't have the jurisdiction to consider the government's removal decisions.

  • May 19, 2025

    SEC's 'Shadow Trading' Win Should Be Tossed, 9th Circ. Told

    An ex-Medivation Inc. executive found liable in the U.S. Securities and Exchange Commission's first-ever "shadow trading" case has asked the Ninth Circuit to overturn the verdict, arguing that his company's policies should have kept the matter from going to a jury in the first place.

  • May 19, 2025

    Wells Fargo's 9th Circ. Cert. Challenge Gains SIFMA Backing

    A top securities industry group has voiced its support of Wells Fargo's appeal of class certification in an investor dispute alleging the bank conducted "sham" interviews to meet diversity quotas, which harmed the bank's stock price when the truth came to light.

  • May 19, 2025

    Port Co. Slams 'Sham' Arbitration Bid In Panama Canal Project

    A Hong Kong company claiming that its interest in a $1 billion port project near the Panama Canal is being stolen by an investment firm and related entities has urged the Third Circuit not to send the dispute to a "sham" arbitration proposed by the investor.

  • May 19, 2025

    Feds Denied Stay In 1st Circ. Third Country Removal Suit

    The First Circuit rejected the Trump administration's attempt to halt a federal court order directing the U.S. Department of Homeland Security to provide due process protections for immigrants facing deportation to third countries where they have no ties.

  • May 19, 2025

    5th Circ. Tosses FCC Workplace Diversity Reporting Rule

    The Fifth Circuit on Monday threw out a Federal Communications Commission rule that required TV and radio broadcasters to disclose employment diversity data to the FCC.

  • May 19, 2025

    7th Circ. Won't Reopen Male Ex-School Director's Bias Suit

    The Seventh Circuit refused to upend a private school's win over a lawsuit alleging it unlawfully terminated an administrator and replaced him with a woman, saying he couldn't overcome the school's explanation that he was let go for breaching his boss's trust.

  • May 19, 2025

    2nd Circ. Tosses Case Of 30-Year Undocumented Immigrant

    The Second Circuit on Monday affirmed the dismissal of a Chinese woman's lawsuit challenging the denial of her adjustment of status, saying the denial triggered a bar on judicial review, even if it wasn't an immigration court that denied her application.

  • May 19, 2025

    Justices Punt On Tribe Leader's Extortion Immunity Claim

    The U.S. Supreme Court on Monday rejected a petition from the former head of a Native American tribe who argued that the First Circuit was wrong to reinstate his convictions tied to the development of a casino project after it concluded that federal extortion law applies to tribal leaders.

  • May 19, 2025

    9th Circ. Weighs 'WallStreetBets' Ownership In Reddit TM Suit

    The Ninth Circuit on Monday wrestled with whether the founder of Reddit Inc.'s WallStreetBets forum owns the name or if it belongs to the platform, with a judge at one point wondering whether the parties could find a way to coexist.

  • May 19, 2025

    Cheesesteak Shop Owner's Sentence For Tax Scheme Vacated

    A Philadelphia cheesesteak shop owner sentenced to almost two years in prison for a conspiracy to pay employees under the table could get a lighter sentence after the Third Circuit ruled he was wrongly given extra time for swaying workers who were actually in on the tax scheme.

  • May 19, 2025

    5th Circ. Says EPA Flubbed Texas Air Finding, Must Redo

    A Fifth Circuit panel on Friday said the U.S. Environmental Protection Agency erred in determining that two Texas counties had failed to meet air quality standards for sulfur dioxide, handing a victory to the state and Vistra Corp.

  • May 19, 2025

    9th Circ. Backs Family's Win In Suit Over Denied Benefits

    The Ninth Circuit declined to upend a guild member's win in his lawsuit challenging his healthcare plan's decision to deny coverage for his son's mental health treatments, but said a lower court was wrong to award the family additional damages on their breach of fiduciary duty claim.

  • May 19, 2025

    Justices OK Tossing Copyright Case Against Ta-Nehisi Coates

    A man who says author and journalist Ta-Nehisi Coates copied his work without permission lost his case at the U.S. Supreme Court after a majority of the justices recused themselves from the dispute.

  • May 19, 2025

    Fed. Circ. Sides With Samsung In PTAB Fight With Power2B

    Samsung on Monday won a fight at the Federal Circuit over Patent Trial and Appeal Board decisions regarding a pair of patents on stylus detection technology, finding all the challenged claims were unpatentable.

  • May 19, 2025

    Calif. Landowners Seek Review Of 7th Amendment Precedent

    A group of Northern California landowners has asked the U.S. Supreme Court to hear a case arguing that the constitutional right to a jury trial should apply in instances of local law enforcement issuing civil penalties for alleged illicit marijuana growing.

  • May 19, 2025

    Fed. Circ. Sends TM Fight Over Perfume Mark Back To TTAB

    The Federal Circuit on Monday found that a trademark tribunal wrongly dismissed Sferra Fine Linens' opposition to Sfera Joven's trademark application, remanding the case with a directive that some of the likelihood-of-confusion factors be reanalyzed.

  • May 19, 2025

    NY AG Blasts Ski Resort Owner's Antitrust Fixes

    The New York Attorney General's Office has told a state court that alternative fixes being offered by a ski resort owner found to have violated antitrust law by buying and closing a competitor would "entrench the very monopoly" the court found illegal.

  • May 19, 2025

    Fla. Judge Resigns Amid Call For Removal Over 'Bigot' Remark

    A Florida judge who accused her opponent of antisemitism and bigotry said she will resign from the bench after the Florida Judicial Qualifications Commission "reluctantly, but of necessity" recommend her removal.

  • May 19, 2025

    Doc Loses 4th Circ. Fight Over $5.5M Order After FCA Deal

    A North Carolina district court was right to reject a doctor and his wife's request to overturn or modify a $5.5 million judgment against them for allegedly hiding assets after settling a previous False Claims Act case with the government, the Fourth Circuit ruled Monday.

  • May 19, 2025

    Split DC Circ. Pauses Halt On Trump's Union Rights Order

    A divided D.C. Circuit panel greenlighted President Donald Trump's request to pause a lower court decision that blocked the implementation of an executive order aimed at ending collective bargaining rights for federal employees, concluding the injunction ruling "ties the government's hands."

  • May 19, 2025

    Justices Pass On Insurers' Tribal Jurisdiction Challenge

    The U.S. Supreme Court will not review a Ninth Circuit decision ordering insurers to litigate the Suquamish Tribe's COVID-19 coverage claims in tribal court in a case that addressed tribal jurisdiction over nonmember insurance companies, according to a Monday order list.

  • May 19, 2025

    'Stark' Pay Data May Revive NY Court Interpreters' Bias Suit

    Second Circuit judges Monday signaled interest in reviving a pay discrimination case brought by interpreters working for the New York State Unified Court System, as one jurist remarked on "stark" data showing they're "underpaid" and voiced curiosity about what discovery might reveal.

  • May 19, 2025

    2 Menendez Associates Must Await Appeal Behind Bars

    The Second Circuit rejected bids by two of the businessmen convicted of bribing ex-U.S. Sen. Robert Menendez to avoid prison pending their appeal on a blockbuster corruption conviction.

  • May 19, 2025

    Justices Decline GOP Bid To Challenge Michigan Voting Laws

    The U.S. Supreme Court on Monday turned away Michigan legislators who sued over election measures adopted by Great Lakes State voters, leaving in place a Sixth Circuit ruling that the individual lawmakers lacked standing.

Expert Analysis

  • 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.

  • 4 Ways Women Attorneys Can Build A Legal Legacy

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    This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

  • Justices' Revival Ruling In Bias Suit Exceeds Procedural Issue

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    The U.S. Supreme Court's recent ruling in Waetzig v. Halliburton allowed the plaintiff in an age discrimination lawsuit to move to reopen his case after arbitration, but the seemingly straightforward decision on a procedural issue raises complex questions for employment law practitioners, says Christopher Sakauye at Dykema.

  • Cleanup Claim Characterization Key For Timeliness Inquiry

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    The Tenth Circuit's recent ruling in Atlantic Richfield Co. v. NL Industries, determining that ARCO's contribution claim was timely, highlights the importance of accurately characterizing a claim for recoupment of environmental cleanup costs as a cost-recovery action or contribution to avoid dismissal or recharacterization of the claim, say attorneys at Spencer Fane.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

  • A Closer Look At Money Laundering Sentencing Issues

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    Federal money laundering cases are on the rise, often involving lengthy prison sentences for defendants who have little to no criminal history, but a closer look at the statistics and case law reveal some potentially valuable arguments that defense attorneys should keep in their arsenal, says Sarah Sulkowski at Gelber & Santillo.

  • Justices Likely To Issue Narrow Ruling In $1.3B Award Dispute

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    After last week's argument in Devas v. Antrix, the Supreme Court appears likely to reverse the holding that minimum contacts are required before a federal court may exercise personal jurisdiction over a foreign state and remand the case for further litigation on other important constitutional questions, say attorneys at Cleary. 

  • Pleading Rules At Stake In High Court Hamas Banking Case

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    While a case between victims of Hamas terrorist attacks and a Lebanese bank, recently argued before the U.S. Supreme Court, appears to ask a narrow question of which civil procedure rules apply to requests to reopen final judgments, how the justices rule could drastically change pleading strategies for future plaintiffs, say attorneys at Dorsey & Whitney.

  • What's At Stake In High Court Transgender Care Suit

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    The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.

  • Considerations As Trump Admin Continues To Curtail ÃÛÌÒÊÓÆµ

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    Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.

  • 6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'

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    The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.

  • NCAA Rulings Signal Game Change For Athlete Classification

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    A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.

  • Copyright Ruling Could Extend US Terminations Worldwide

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    If upheld on appeal, Vetter v. Resnik, a recent ruling from a Louisiana federal court, could extend the geographical scope of U.S. copyright termination rights to foreign territories, say attorneys at Manatt.

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