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Appellate
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June 06, 2025
Calif. Panel Remands Fee Claims Over Evidence Exclusion
A California trial court erred when it blocked any reference to underlying legal malpractice allegations in a trial for recovery of fees brought by a San Francisco lawyer against his former clients, according to a Golden State appeals panel, which found the malpractice claims, though "effectively abandoned," had not reached final judgment on the merits.
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June 06, 2025
OpenAI CEO Calls NYT's ChatGPT Log Demand 'Inappropriate'
OpenAI CEO Sam Altman and his company have said they intend to appeal a Manhattan federal court order mandating the preservation of ChatGPT logs at the request of The New York Times and other news agencies in ongoing copyright infringement litigation, saying the demand goes too far.
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June 06, 2025
Off The Bench: NASCAR Antitrust Saga, White Sox Transfer
In this week's Off The Bench, an appeals court says Michael Jordan's auto racing team cannot compete amid an antitrust suit against NASCAR, the Chicago White Sox start a long ownership transfer process, and the woman who accused a college football coach of sexual harassment sues the university over its handling of the complaint.
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June 05, 2025
Fla. High Court Denies Property Rights In Special Taxi Permits
The Florida Supreme Court on Thursday ruled taxi permits that weren't recognized by a county jurisdiction after a special district was dissolved don't constitute an unconstitutional taking by the government without compensation, saying the state Legislature repealed the licenses' property rights in 2017.
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June 05, 2025
9th Circ. Broadens Test For ERISA Claim Releases
The Ninth Circuit on Thursday reversed a finding that releases signed by two former microchip manufacturer employees bar them from leading a class action over claims the company illegally revoked its severance program, finding that the court should consider whether the company breached its fiduciary duty in obtaining the releases.
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June 05, 2025
Infant Cushion Maker Urges DC Circ. To Vacate CPSC Rule
A company that manufactures infant support cushions has told the D.C. Circuit that the U.S. Consumer Product Safety Commission overstepped its authority by issuing a rule regulating the products as "durable" and thus skirting congressional limits on its ability to issue mandatory product safety standards.
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June 05, 2025
Fed. Circ. Probes IGT Claim That Zynga Couldn't Target Patent
Gambling technology company IGT faced hurdles Thursday as it argued to the Federal Circuit that mobile game maker Zynga should have been stopped from challenging one of its patents due to an earlier dispute, as the judges questioned whether the issue is appealable.
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June 05, 2025
SEC Wants 8th Circ. To Remand 'Dealer' Suit After Dismissals
The U.S. Securities and Exchange Commission asked the Eighth Circuit on Thursday to send a $12 million case it won against Carebourn Capital back to the district court in light of its recent decision to take a less expansive approach to the definition of "securities dealer."
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June 05, 2025
DC Circ. Won't Make FCC Reconsider LTD Broadband Funds
The D.C. Circuit isn't going to touch a Federal Communications Commission decision denying LTD Broadband LLC $1.3 billion in rural network deployment funds after the company failed to convince the agency that it could connect the half-million locations that came with the money.
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June 05, 2025
Venezuela Asks To Undo $17M Loss Over Bolivar Artifacts
The government of Venezuela asked the Eleventh Circuit on Thursday to undo a $17 million default judgment against it over the theft of a Florida man's collection of South American liberator and military general Simón BolÃvar's possessions.
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June 05, 2025
Med Mal Juror Misconduct Claim Won't Mean New Trial
An Indiana state appeals court Thursday upheld a defense win in a medical malpractice trial despite a juror's post-verdict revelation that she had previously heard of a defense expert witness.
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June 05, 2025
Wash. Judge Rejects Spiritual Group's Revived Guru IP Claims
A Seattle religious group has failed to prove copyright claims against an ex-member over the spiritual teachings of its late founder, a Washington federal judge has ruled following the case's revival on appeal, quipping that time and money spent on the case "vastly exceeds" any evidence of harm.
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June 05, 2025
States, Attys, Groups Push 8th Circ. For ND Tribes' Voting Rights
Nineteen states, 16 former federal attorneys and a slew of civil rights groups are backing two North Dakota tribes in their efforts for an Eighth Circuit rehearing, arguing the appellate court's semantic shift regarding voting rights presents important questions that merit its full consideration.
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June 05, 2025
Fed. Circ. Says Dolby Can't Appeal PTAB Decision In Its Favor
The Federal Circuit on Thursday dismissed Dolby Laboratories Licensing Corp.'s challenge to Patent Trial and Appeal Board proceedings that it prevailed on, spurning the company's appeal asserting that Unified Patents' failure to identify all of the interested parties should have nullified its case.
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June 05, 2025
3rd Circ. Says Amgen Can Proceed With Subpoena In IP Suit
The Third Circuit on Thursday sided with biotechnology company Amgen Inc. in its efforts to subpoena a competitor that it accused of patent infringement, reasoning that the panel lacked jurisdiction to hear the case because the lower court's decision regarding discovery was not ripe for appeal.
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June 05, 2025
Fed. Circ. Backs Apple Loss In PTAB Gesture Patent Fight
The Federal Circuit on Thursday backed the Patent Trial and Appeal Board's finding that Apple failed to show that a Gesture Technology patent on using cameras to recognize human gestures is invalid, with the majority panel saying the "case should serve as a warning."
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June 05, 2025
Pa. City's Receiver Asks Court To Rein In Stormwater Board
The receiver for the bankrupt city of Chester, Pennsylvania, told a state court Thursday that the city-created stormwater authority and its board of directors violated their charter and state law by expanding the board and paying the elected officials who were on it.
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June 05, 2025
Ga. Court Nixes 'Massive' $65M Punitive Award In Fraud Case
The Georgia Court of Appeals on Thursday struck down $65 million in punitive damages awarded to a doctor who was defrauded of his investments in a series of restaurants, ruling that the verdict was "grossly excessive" at more than 100 times the value of the compensatory damages awarded by a state court jury.
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June 05, 2025
NJ Justices To Take Look At Boys & Girls Club Abuse Claims
Garden State justices have agreed to hear whether New Jersey courts have jurisdiction over the alleged sexual abuse in the 1970s and '80s by a counselor for the Hudson County chapter of the Boys & Girls Clubs of America, according to a court order.
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June 05, 2025
4th Circ. Won't Revive Ex-Fire Captain's Free Speech Suit
The Fourth Circuit refused to reopen a former Lynchburg, Virginia, fire captain's suit alleging he was unconstitutionally fired for social media posts that citizens called transphobic and racist, ruling Thursday that he failed to show why the city should be held liable.
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June 05, 2025
Actors Ask 9th Circ. To Revive SAG Vax Mandate Fight
SAG-AFTRA members urged the Ninth Circuit on Thursday to revive their claims that the union betrayed them by allowing studios to impose COVID-19 vaccine mandates against members with medical and religious objections, arguing that the state claims aren't preempted and "not everything that involves these guilds is a federal matter."
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June 05, 2025
NJ High Court Will Review Injury Suits Against Walmart, Clinic
New Jersey justices have agreed to weigh in on personal injury suits against Walmart and a Garden State health clinic involving an overturned $1.3 million verdict in one case and the immunity of medical nonprofits in the other, according to a pair of court orders.
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June 05, 2025
Orgs. Clash At DC Circ. Over FCC's Spectrum Revamp
Public safety groups are clashing at the D.C. Circuit over whether the Federal Communications Commission overstepped its authority when it expanded spectrum rights in the 4.9 gigahertz band, a segment of airwaves long relied on by emergency responders.
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June 05, 2025
Major Co. Group Asks Full Fed. Circ. To Review Lashify ITC Case
A coalition representing big companies including Google and Apple is backing the U.S. International Trade Commission's request that the Federal Circuit rethink its finding that the commission had been wrongly barring domestic expenses related to sales, marketing and other activities from ITC patent cases.
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June 05, 2025
Dems, GOP Question Contempt Section Of Reconciliation Bill
Senate Democrats have vowed to do whatever they can to defeat a provision in the budget reconciliation that would limit federal courts' ability to hold federal officials in contempt, and some Republicans are wary of it as well.Â
Expert Analysis
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10 Soft Skills Every GC Should Master
As businesses face shifting regulatory and technological uncertainty, general counsel will need to strengthen certain soft skills to succeed, from admitting when they make a mistake to maintaining a healthy dose of dispassion, says Douglas Brown at Manatt.
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6 Criteria Can Help Assess Executive Branch Actions
With new executive policy changes announced seemingly every day, several questions can help courts, policymakers and businesses determine whether such actions are proper, effective and in keeping with our democratic norms, say Marc Levin and Khalil Cumberbatch at the Council on Criminal Justice.
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Fed Circ.'s PTAB Ruling Highlights Obsolete Rationale
The Federal Circuit's recent decision in In re: Riggs shines a new light on its 2015 decision in Dynamic Drinkware v. National Graphics, and raises questions about why the claim support requirement established by Dynamic Drinkware exists at all, say attorneys at Patterson Belknap.
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Traversing The Shifting Sands Of ESG Reporting Compliance
Multinational corporations have increasingly found themselves between a rock and a hard place attempting to comply with EU and California ESG requirements while not running afoul of expanding U.S. anti-ESG regimes, but focusing on what is material to shareholder value and establishing strong governance can help, say attorneys at MoFo.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools
Amid multiple recent civil complaints alleging antitrust violations by providers and users of algorithmic pricing tools, such as RealPage and Yardi, digital-era measures should feature prominently in corporate compliance programs, including documentation of pro-competitive benefits and when to use disclosures, say attorneys at Morgan Lewis.
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Opinion
In Vape Case, Justices Must Focus On Agencies' Results
With the U.S. Supreme Court's ruling in U.S. Food and Drug Administration v. Wages and White Lion Investments having put off the question of whether agency decisions arrived at erroneously are always invalid, the court should give the results of agency actions more weight than the reasoning behind them when it revisits this case, says Jonathan Sheffield at Loyola University Chicago School of Law.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Takeaways From Alaska Justices' Pollution Exclusion Ruling
A recent Alaska Supreme Court ruling that a total pollution exclusion in a homeowners policy didn't bar coverage for carbon monoxide poisoning shows that even when policy language appears unambiguous on its face, courts can still consider the reasonable expectations of an insured to determine applicability, say attorneys at Hunton.
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What's At Stake As 9th Circ. Eyes Cultural Resource Damages
In Pakootas v. Teck Cominco, the Ninth Circuit is faced with the long-unresolved question of whether cultural resource damages are recoverable as part of natural resource damages under the Superfund law — and the answer will have enormous implications for companies, natural resource trustees and Native American tribes, says Sarah Bell at Farella Braun.
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Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration
The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.
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Bid Protest Spotlight: Instructions, Price Evaluation, Standing
In this month's bid protest roundup, Caitlin Crujido at MoFo looks at three recent decisions that consider a contractor's attempt to circumvent unambiguous solicitation instructions, the fairness of an agency's price evaluation and whether a protestor that would be unable to perform even if sucessful has standing.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Defense Strategies After Justices' Personal Injury RICO Ruling
In Medical Marijuana v. Horn, the U.S. Supreme Court recently held that the Racketeer Influenced and Corrupt Organizations Act can be invoked by some plaintiffs with claims arising from personal injuries — but defense counsel can use the limitations on civil RICO claims to seek early dismissal in such cases, say attorneys at Debevoise.