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Appellate

  • June 09, 2025

    Mexico Fights $47M Award, Claims Treaty Misinterpreted

    Mexico has urged the D.C. Circuit to overturn a lower court order instructing it to pay a $47 million arbitral award issued to a Canadian lender after Mexican courts failed to halt a purportedly fraudulent scheme that caused the cancellation of loans for three real estate development projects.

  • June 09, 2025

    Colo. Justices Spell Out Burden Of Proof For Gov't Immunity

    The Colorado Supreme Court on Monday articulated for the first time the burden of proof required in tort cases against public entities, ruling that a woman's slip-and-fall claims failed to eclipse Jefferson County's immunity under a state law.

  • June 09, 2025

    Del. Justices Reverse Chancery On Insider Trade Claims

    Citing lower court errors, Delaware's Supreme Court revived on Monday two counts in a Court of Chancery suit alleging that Kraft Heinz Co. insiders with ties to a Brazilian controlling investor sold $1.2 billion worth of shares based on nonpublic information.

  • June 09, 2025

    Florida Will Ask 11th Circ. To Revive Trans Health Suit

    The state of Florida indicated Friday it will ask the Eleventh Circuit to reopen its lawsuit against the U.S. Department of Health and Human Services challenging a rule setting coverage requirements on employers for gender-affirming care, despite the new administration's reversal on the rule.

  • June 09, 2025

    Acadia Win On Parkinson's Drug Patent Upheld By Fed. Circ.

    The Federal Circuit on Monday upheld the validity of an Acadia Pharmaceuticals Parkinson's disease drug patent, saying the result was compelled by double-patenting precedent the court set last year, but generics maker MSN Laboratories has suggested it may seek en banc review.

  • June 09, 2025

    Fed. Circ. Weighs AI Co.'s Standing In Fight With Intel Agency

    Federal Circuit judges grappled Monday with how to define exactly who could challenge the administration of federal contracts, in an en banc hearing of Percipient.ai's suit accusing the National Geospatial-Intelligence Agency of bypassing certain requirements in a 2021 contract with CACI.

  • June 09, 2025

    Carebourn Opposes SEC's Bid To Remand 'Dealer' Case

    Financial firm Carebourn Capital LP on Monday urged the Eighth Circuit to reject the U.S. Securities and Exchange Commission's bid to remand a $12 million unregistered dealer judgment the agency won, arguing the SEC is trying to skirt the case's liability issues.

  • June 09, 2025

    Supreme Court Rejects Highland's Bid For Ch. 11 Shields

    The U.S. Supreme Court on Monday denied a bid by hedge fund Highland Capital Management to continue shielding some of the key parties in its Chapter 11 bankruptcy from liability, leaving in place a Fifth Circuit decision that narrowed a bankruptcy court's "gatekeeping" powers to determine who can be sued.

  • June 09, 2025

    2nd Circ. Weighs Menendez Bail Bid Over Evidence Mishap

    The Second Circuit questioned Monday whether providing excluded evidence to the jury in former U.S. Sen. Bob Menendez's bribery trial is the type of error that can justify bail pending appeal.

  • June 09, 2025

    Okla. Says High Court Shouldn't Skip 10th Circ. PBM Ruling

    Oklahoma told the U.S. Supreme Court the federal government wrongly suggested that the justices bypass the state's challenge to a Tenth Circuit decision nullifying parts of a state law regulating pharmacy benefit managers, arguing Monday that the solicitor general doesn't recognize the magnitude of the issue.

  • June 09, 2025

    Senate Confirms Brett Shumate To Head DOJ Civil Division

    The Senate voted 51-41 along party lines on Monday evening to confirm Brett Shumate to be assistant attorney general for the Civil Division of the U.S. Department of Justice.

  • June 09, 2025

    Patent Suit Against Sirius XM Gets 2nd Fed. Circ. Reprieve

    The Federal Circuit on Monday revived a patent case against satellite radio company Sirius XM for a second time, reversing a lower court's ruling that a German research foundation's five-year delay in alleging infringement meant it was prohibited from pursuing the case.

  • June 09, 2025

    Veteran Appeals VA Discontinuation Of Trans Health Coverage

    A transgender woman urged a veterans appeals court Monday to find that the Veterans Health Administration is wrongly refusing to refill her prescriptions for hormone therapy following a federal notice discontinuing gender-affirming care for veterans.

  • June 09, 2025

    8th Circ. Affirms Travelers Doesn't Owe $1.4M For Wall Failure

    A Missouri property developer can't recover from Travelers $1.4 million for lost rental income and soft costs after a retaining wall failure caused delays at an apartment construction project, the Eighth Circuit ruled Monday.

  • June 09, 2025

    6th Circ. Urged To Revive Suit Over Student Loan Freeze

    A Michigan think tank has urged the Sixth Circuit to revive its challenge to a Biden-era student loan forgiveness program during the COVID-19 pandemic, telling the appellate court that a district judge was wrong to find it didn't have standing.  

  • June 09, 2025

    3rd Circ. Rejects Ralph Lauren's COVID-19 Coverage Appeal

    The Third Circuit on Monday rejected a consolidated appeal from Ralph Lauren Corp. and luggage retailers Tumi Inc. and Samsonite LLC over property insurance coverage for COVID-19-related losses, finding a New Jersey Supreme Court decision from January 2024 wholly settled the matter.

  • June 09, 2025

    Philly Cut From American Airlines Suit After Contrary Takes

    The city of Philadelphia was incorrectly kept in a slip-and-fall suit against it and American Airlines, the result of a tangled web of claims and cross-claims that saw two judges making contrary rulings in violation of court rules meant to keep members of the bench from overruling each other, a state appellate court ruled Monday.

  • June 09, 2025

    2nd Circ. Says Ecuadoran Can Be Extradited For Possible Rape

    The Second Circuit ruled Monday that a New York federal judge rightly allowed for the extradition of an Ecuadoran man charged with sexual abuse in his home country, rejecting his argument that he hasn't been accused of an extraditable offense.

  • June 09, 2025

    Edwards Can't Get Fed. Circ. To Overrule PTAB Amendments

    The Patent Trial and Appeal Board rightly held that amended claims of a Cardiovalve Ltd. heart valve implant aren't invalid, the Federal Circuit affirmed Monday.

  • June 09, 2025

    Businesses Warn Fed. Circ. Against Pausing Block On Tariffs

    Thousands of businesses will suffer "irreparable harm" if the Federal Circuit halts the U.S. Court of International Trade's order that struck down President Donald Trump's global tariffs, a wine importer told the appellate court, urging against a long-term pause.

  • June 09, 2025

    Textron Can't Sidestep Plane Crash Case, NC Panel Told

    The owner of a private plane that went down after its cables snapped during takeoff has told North Carolina's intermediate appeals court not to let Textron Inc. duck its products liability lawsuit, saying the conglomerate can be pulled into litigation in the Tar Heel State because it has done business there for decades.

  • June 09, 2025

    Justices Urged To Keep Pause On 'Breakneck' Gov't Overhaul

    The U.S. Supreme Court should leave in place a California federal judge's order barring implementation of layoffs and reorganizations at various federal departments and agencies, several unions and nonprofits argued Monday, claiming a decision allowing the changes would irreversibly harm the federal government and render Congress and the judiciary powerless.

  • June 09, 2025

    Parker-Hannifin Urges Justices To Turn 6th Circ. ERISA Ruling

    Parker-Hannifin Corp. urged the U.S. Supreme Court on Monday to reverse the Sixth Circuit's decision to revive investment mismanagement allegations against the company from employee 401(k) participants, arguing a circuit split had deepened since the company first petitioned for review of the case.

  • June 09, 2025

    Vice Chancellor Wants Clarity On Del. Corporate Law Change

    Citing "an important and urgent" need, a Delaware vice chancellor has asked the state supreme court to rule on the constitutionality of recent corporate law amendments providing conflicted directors or controlling investors expanded "safe harbor" liability shields for contested actions.

  • June 09, 2025

    2nd Circ. Nixes Doc's Power Of Atty Deal In Patient ERISA Suit

    The Second Circuit ruled Monday that a doctor couldn't use a power-of-attorney arrangement to sue on behalf of a patient who said their union's health plan illegally stuck them with a $150,000 medical bill, but directed a trial court to determine if the patient can pursue the case.

Expert Analysis

  • How Mass Arbitration Defense Strategies Have Fared In Court

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    As businesses face consumers who leverage arbitration agreements to compel mass arbitration, companies are trying defense strategies like batching arbitration cases to reduce costs, and escaping specific mass arbitrations without rejecting the process completely, with varying results in the courtroom, say attorneys at Montgomery McCracken.

  • FTC Focus: Interlocking Directorate Enforcement May Persist

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    Though the Federal Trade Commission under Chair Andrew Ferguson seems likely to adopt a pro-business approach to antitrust enforcement, his endorsement of broader liability for officers or directors who illegally sit on boards of competing corporations signals that businesses should not expect board-level antitrust scrutiny to slacken, says Timothy Burroughs at Proskauer.

  • How Cos. Can Navigate Risks Of New Cartel Terrorist Labels

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    The Trump administration’s recent designation of eight drug cartels as foreign terrorist organizations gives rise to new criminal and civil liabilities for companies that are unwittingly exposed to cartel activity, but businesses can mitigate such risks in a few key ways, say attorneys at Steptoe.

  • Mass. Suit Points To New Scrutiny For Home Equity Contracts

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    The Massachusetts attorney general’s recent charge that a lender sold unregulated reverse mortgages shows more regulators are scrutinizing mortgage alternatives like home equity contracts, but a similar case in the Ninth Circuit suggests more courts need to help develop a consensus on these products' legality, say attorneys at Weiner Brodsky.

  • Bid Protest Spotlight: Size, Supply Schedules, SINs

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    In this month's bid protest roundup, Alissandra McCann at MoFo examines three recent decisions, two of which offer helpful reminders for U.S. General Services Administration schedule holders drafting blanket purchase agreement proposals, and one for small-business joint ventures to avoid running afoul of the U.S. Small Business Administration's two-year rule.

  • 4th Circ. Latest To Curb Short-Seller Usage In Securities Suits

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    The Fourth Circuit's recent decision in Defeo v. IonQ will serve as a powerful and persuasive new precedent for corporate defendants as courts continue curtailing securities class action plaintiffs' use of short-seller reports to plead federal securities law claims, say attorneys at Alston & Bird.

  • Perspectives

    Reading Tea Leaves In High Court's Criminal Law Decisions

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    The criminal justice decisions the U.S. Supreme Court will announce in the coming weeks will reveal whether last term’s fractured decision-making has continued, an important data point as the justices’ alignment seems to correlate with who benefits from a case’s outcome, says Sharon Fairley at the University of Chicago Law School.

  • 8 Strategies For Proving The Laws Of Foreign Countries

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    A recently decided case in Virginia federal court highlighted some of the pitfalls surrounding expert testimony on foreign law, but certain strategies are available to counsel to circumvent these dilemmas, say attorneys at Arnold & Porter.

  • $38M Law Firm Settlement Highlights 'Unworthy Client' Perils

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    A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.

  • Hints Of Where Enforcement May Grow Under New ÃÛÌÒÊÓÆµ

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    Though the Consumer Financial Protection Bureau has significantly scaled back enforcement under the new administration, states remain able to pursue Consumer Financial Protection Act violators and the ÃÛÌÒÊÓÆµ seems set to enhance its focus on predatory loans to military members and fraudulent debt collection and credit reporting practices, say attorneys at MoFo.

  • Series

    Teaching Business Law Makes Me A Better Lawyer

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    Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.

  • Jurisdictional Issues At Play In 9th Circ.'s FCA Trade Case

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    A decision by the Ninth Circuit in Island Industries v. Sigma Corp. could result in the U.S. Court of International Trade’s exclusive jurisdiction over trade-related FCA cases, a big shift in the enforcement landscape just as tariffs take center stage in trade policy, say attorneys at Haynes Boone.

  • 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.

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