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Appellate

  • May 23, 2025

    DeSantis Taps Ex-Governor's Office Atty For Appellate Seat

    Florida Gov. Ron DeSantis on Friday appointed his former chief deputy general counsel to the First District Court of Appeal bench in Tallahassee.

  • May 23, 2025

    Mich. Justices To Hear Law Firm's Roof 'Addition' Appeal

    Michigan's highest court said it will review whether a law firm office building's new roof was an addition to the property for the purposes of evaluating taxable value, meaning the property's value could increase beyond a 5% cap. 

  • May 23, 2025

    Philly Firm Dodges DQ Despite 'Troubling' Discovery Conduct

    Philadelphia-based construction law specialists Horn Williamson LLC can't be disqualified from a batch of negligence lawsuits against home builder Toll Brothers Inc. over "troubling" misconduct involving third-party subpoenas, a Pennsylvania Superior Court said Friday.

  • May 23, 2025

    Boston Not Liable Over School Shooting, Appeals Court Says

    The city of Boston is not liable for injuries to a high school student shot by a classmate while being dismissed early to attend a funeral, nor for the trauma experienced by his mother and younger siblings who were also in the line of fire, a Massachusetts intermediate appellate court concluded Friday.

  • May 23, 2025

    Mich. Justices Agree To Hear Insurer's PIP Benefits Appeal

    The Michigan Supreme Court has agreed to review a split lower court's finding that an auto insurer must provide personal injury protection, or PIP, benefits to a policyholder's son who was injured in an out-of-state tractor-trailer crash.

  • May 23, 2025

    Former AG Garland Returns To Arnold & Porter

    Former U.S. Attorney General Merrick Garland has returned to Arnold & Porter Kaye Scholer LLP, where he worked early in his career, the firm announced Friday.

  • May 23, 2025

    Fed. Circ. Partly Revives Allstate Challenge To Tech Patent

    The Federal Circuit on Friday threw out the Patent Trial and Appeal Board's finding that Allstate failed to show the invalidity of two claims in a patent on cellphone sensors that can tell if a vehicle has accelerated or crashed, telling the board to take another look.

  • May 23, 2025

    Off The Bench: Tennis Officials, NCAA Stay On The Defensive

    In this week's Off The Bench, tennis players face pushback from the governing bodies they are accusing of antitrust violations, college basketball players claiming the NCAA exploited them want their class action revived, and a baseball player seeking one last year to play in college hits another legal roadblock.

  • May 23, 2025

    Southwest Flight Attendant Fights To Revive Nixed Sanctions

    A flight attendant urged the Fifth Circuit to reconsider its move to axe a contempt order against Southwest Airlines in her wrongful termination suit, arguing it shouldn't be scrapped just because the panel took issue with court-ordered religious liberty training for Southwest attorneys.

  • May 23, 2025

    Lindberg Urges NC Panel To Rebuff 'Ambush' Sanctions Bid

    A convicted billionaire seeking to unravel a receivership order against him has urged the North Carolina Court of Appeals not to scrap his case as a sanction for alleged procedural violations, saying the only gamesmanship afoot is opposing counsel's monthslong "radio silence."

  • May 23, 2025

    FTC Finally Drops Challenge To Microsoft-Activision Deal

    The Federal Trade Commission has dropped its in-house case seeking to block Microsoft's $68.7 billion purchase of video game developer Activision Blizzard, after its Ninth Circuit loss earlier this month, ending a lingering challenge to a deal that closed in late 2023.

  • May 22, 2025

    Ga. Judge Threated Atty Over Custody Case, Ethics Panel Told

    A Georgia attorney told the state's judicial watchdog Thursday that a trial judge improperly called her to discuss her child custody case, gave her preferential scheduling due to their membership in the same sorority and then threatened to take her child from her after she filed a recusal motion.

  • May 22, 2025

    Insurers Say La. Hotel Can't Appeal Fire Damage Fight

    A group of insurers has told the Fifth Circuit that it can't review a March order by a Louisiana federal judge instructing a New Orleans hotel to arbitrate its fire damage claims, slamming the hotel owner's argument that it has a constitutional right to pursue an appeal.

  • May 22, 2025

    Fed. Circ. Ruling Will Spark More Patent Damages Fights

    The full Federal Circuit's decision Wednesday ordering a new trial in a patent case against Google LLC and finding the plaintiff's damages expert unreliable is likely to lead to greater scrutiny of patent damages testimony and more attempts to get it thrown out, attorneys say.

  • May 22, 2025

    Bilfinger Urges NC Justices To Skip Cargill Arbitration Case

    International construction company Bilfinger is urging North Carolina's top court not to review a decision nixing Cargill's bid to revive arbitration it initiated in a dispute stemming from a construction contract, disputing the food conglomerate's argument that the case raises novel issues.

  • May 22, 2025

    Wash. Justices Undo Landlord Win In Eviction Answer Dispute

    Washington's highest court overturned a Seattle-area landlord's eviction victory on Thursday, saying any tenant who responds to a summons with a written "notice of appearance" can't be hit with a default judgment for failing to file an answer in an unlawful detainer action.

  • May 22, 2025

    Fed. Circ. Backs Pfizer Win Against Gene Therapy Patents

    The Federal Circuit on Thursday sided with the Patent Trial and Appeal Board's findings that a pair of patents covering a new kind of experimental gene therapy to treat hemophilia were invalid, handing a win to patent challenger Pfizer.

  • May 22, 2025

    7th Circ. Wary Of Crypto Fund Owner's Appeal Of $231M Fine

    A Seventh Circuit panel on Thursday pressed counsel for a cryptocurrency fund operator challenging a $231 million judgment for running a Ponzi scheme to address whether he'd waived his argument that the digital tokens his funds invested in aren't "commodities" subject to regulation by the Commodity Futures Trading Commission by not raising it in the lower court.

  • May 22, 2025

    Sen. Durbin Holds Up Florida US Attorney Nominee

    Sen. Dick Durbin, the ranking Democrat on the Senate Judiciary Committee, announced Thursday he will be holding up President Donald Trump's U.S. attorney nominee for the Southern District of Florida, blaming precedent set by Vice President JD Vance when he was in the Senate.

  • May 22, 2025

    Clinic Tells NC Justices Med Mal Reforms Apply To Practices

    An orthopedic clinic is urging North Carolina's highest court to free it from a family's negligent-retention claim over an allegedly faulty surgery by a doctor who later lost his license, asserting that the lower court incorrectly found that state medical malpractice statutes and subsequent reforms don't apply to medical practices.

  • May 22, 2025

    Gov't Presses High Court To Hear Activist Investor Suit

    The federal government Thursday urged the U.S. Supreme Court to hear a case accusing a series of closed-end funds of shutting an activist investor out of its voting rights, arguing that the investor's lawsuit threatens to have an "unpredictable impact" on the private fund industry.

  • May 22, 2025

    Alaska Airlines Grilled In Wash. COVID Workers' Comp Case

    Members of Washington's highest court cast doubt Thursday about Alaska Airlines' stance in a flight attendant's COVID-19 workers' compensation case, with several justices seemingly frustrated by the employer's attempt to draw a line between covered occupational disease and sickness that develops during job-related travel.

  • May 22, 2025

    Hungarian Co. Fights Croatia Delay Bid In $236M Award Case

    A Hungarian energy company has urged a D.C. federal court to nix Croatia's bid to stay a lawsuit aimed at enforcing a $236 million arbitral award against the country a month after it lost a motion to dismiss the suit.

  • May 22, 2025

    5th Circ. Revives 'Unclean Hands' Defense In Ch. 13

    A Louisiana homeowner can head back to bankruptcy court to try to discharge a $75,000 judgment against him from a contractor who said it was stiffed, a panel of the U.S. Court of Appeals for the Fifth Circuit has ruled.

  • May 22, 2025

    Calif. Docs Bring FDA Stem Cell Regulation Fight To Top Court

    Two California clinics that provide stem cell treatments are urging the U.S. Supreme Court to review a Ninth Circuit panel's finding that their treatments are "drugs" subject to Food, Drug and Cosmetic Act regulations.

Expert Analysis

  • 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.

  • Recent Cases Clarify FCA Kickback Pleading Standards

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    Two recently resolved cases involving pharmaceutical manufacturers may make it more difficult for False Claims Act defendants facing kickback scheme allegations to get claims dismissed for lack of evidence, say Li Yu at Bernstein Litowitz, Ellen London at London & Noar, and Gregg Shapiro at Gregg Shapiro Law.

  • Bankruptcy Ruling Provides Guidance On 363 Asset Sales

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    HE v. Avadim Holdings, a recent ruling from the District of Delaware, underscores the principle that rejection of executory contracts does not unwind completed transfers of property and the importance of clear and precise language in sale orders and asset purchase agreements in bankruptcy cases, say attorneys at Eversheds Sutherland.

  • FLSA Ruling Shows Split Over Court Approval Of Settlements

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    A Kentucky federal court's recent ruling in Bazemore v. Papa John's highlights a growing trend of courts finding they are not required, or even authorized, to approve private settlements releasing Fair Labor Standards Act claims, underscoring a jurisdictional split and open questions that practitioners need to grapple with, say attorneys at Vedder Price.

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