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Appellate

  • May 13, 2025

    Pa. Justices Question Ruling Over Verizon's Utility Pole Rents

    Some justices on Pennsylvania's Supreme Court questioned Tuesday whether the state's Public Utility Commission skipped steps in declaring that electrical utility FirstEnergy was charging Verizon "unjust and unreasonable" rates to rent space on utility poles, since the decision appeared to rest mainly on federal price limits the state had adopted.

  • May 13, 2025

    10th Circ. Wary Of Nixing $20M Fraud Award For Colo. Town

    The Tenth Circuit seemed poised Tuesday to affirm a $19.8 million verdict in favor of a Colorado city battling a software developer accused of misrepresenting the readiness of its integrated billing platform for fiberoptic broadband services, even as the contractor insisted the language in the agreement was transparent.

  • May 13, 2025

    The Man Who Ended Affirmative Action Is Just Getting Started

    Nearly two years after the U.S. Supreme Court struck down affirmative action in college admissions, the legal strategist who brought the landmark case is using the ruling in a bid to end race-based programs in the public and private sectors, bolstered by allies in the executive branch.

  • May 13, 2025

    Fox Nabs Smartmatic Bribery Probe Docs In Defamation Case

    A New York state appeals court on Tuesday ordered Smartmatic to give Fox News documents related to a federal investigation into allegations that executives of the election systems company bribed officials in the Philippines, ruling the materials are "plainly relevant" to the network's defense against defamation claims.

  • May 13, 2025

    3rd Circ. Upholds Most Of Boy Scouts' Ch. 11 Plan

    The Third Circuit upheld the bulk of the Boy Scouts of America's Chapter 11 plan to deal with thousands of childhood sex abuse claims, but agreed Tuesday with one objecting insurer that its rights were impermissibly altered under the plan.

  • May 13, 2025

    Cancer Centers Want Fed. Circ. To Rehear Antibody IP Fight

    The Dana-Farber Cancer Institute and Memorial Sloan-Kettering Cancer Center say the full Federal Circuit should review a decision rejecting Xencor's application for an antibody patent, arguing that the decision wrongly created a new precedent that could be harmful to other patents.

  • May 13, 2025

    1st Circ. Urged To Rule In Appeal Over Canceled HUD Grants

    Groups challenging Trump administration cuts to $30 million in housing grants asked the First Circuit to rule that a Massachusetts federal judge, in fact, has the power to order federal officials to fund the grants, even after the judge dissolved such a ruling in reaction to a recent U.S. Supreme Court finding.

  • May 13, 2025

    6th Circ. Clears Teacher To Fight Exclusion From Rehire List

    The Sixth Circuit breathed new life into a teacher's lawsuit claiming a Tennessee school district unlawfully failed to place her on a reemployment candidate list after it eliminated her position, saying a trial court took too narrow a view of whether omission from the list caused harm.

  • May 13, 2025

    11th Circ. Looks Open To Reviving Ga. Voter Intimidation Suit

    Eleventh Circuit judges scrutinizing a ruling that a conservative election monitoring group didn't intimidate Georgians when it challenged the voter registration of hundreds of thousands of citizens said Tuesday the district judge may have gotten it wrong, suggesting during oral arguments the group may have at least tried it.

  • May 13, 2025

    Climate NGOs Attack EPA Appeal In Funding Clawback Fight

    Climate investment groups asked the D.C. Circuit to affirm a district court ruling blocking the U.S. Environmental Protection Agency from clawing back billions of dollars disbursed to them under the Inflation Reduction Act, characterizing its actions as "textbook arbitrariness."

  • May 13, 2025

    3rd Circ. Says Worker's Pre-Suit EEOC Filings Are Inadequate

    The Third Circuit refused to revive an age bias suit from a former community college employee who claimed she was mistreated by a younger supervisor, rejecting her argument that a U.S. Equal Employment Opportunity Commission intake form and other documents qualified as her required pre-suit discrimination charge.

  • May 13, 2025

    10th Circ. Pushes Vail On Safety Claim Behind Truck Limits

    A Tenth Circuit panel on Tuesday pressed the ski town of Vail, Colorado, on whether it has enough evidence that an ordinance limiting commercial truck deliveries in pedestrian-only zones would improve public safety, with one judge saying the town's rationale "almost sounds like a pretext."

  • May 13, 2025

    Albright Scraps $26M Video Patent Verdict Against Google

    U.S. District Judge Alan Albright has overruled a jury's $26 million verdict against Google LLC and its YouTube LLC subsidiary for infringing VideoShare LLC's video sharing patent, finding that as a matter of law "the only reasonable interpretation of the claim language" shows no infringement.

  • May 13, 2025

    Trump Nudges Justices To Lift Ban On Venezuelan Removals

    The Trump administration has asked the U.S. Supreme Court to lift a 3-week-old order temporarily prohibiting the government from removing a group of almost 200 alleged Venezuelan gang members currently detained in northern Texas to an El Salvador prison, citing new lower court rulings and a detention center protest.

  • May 13, 2025

    Ga. Justices Nix Atty Immunity Doctrine, Uphold Tossing Case

    The Georgia Supreme Court on Tuesday overturned a long-standing attorney immunity doctrine that a lower court found shielded Barnes & Thornburg LLP from a legal malpractice suit, but the justices concluded that a onetime client's claims still fell short.

  • May 13, 2025

    Ex-Defender Can't Block Mystery Info In Sex Bias Case Appeal

    The federal government can submit additional documents from a district court case record in an appeal by a former assistant public defender in North Carolina who accused the federal judiciary of sex bias, the Fourth Circuit ruled Tuesday over the assistant public defender's objections.

  • May 13, 2025

    Pot Dispensary Asks Mo. High Court To Block County Taxes

    In incorporated areas of Missouri counties, a municipality's imposition of a 3% sales tax on adult-use cannabis supersedes a county's ability to impose its own additional tax, a dispensary told the Missouri Supreme Court during oral arguments Tuesday.

  • May 13, 2025

    NJ AG, Data Co. Defend Judicial Privacy Law At 3rd Circ.

    Data protection company Atlas Data Corp. and New Jersey's attorney general are urging the Third Circuit to uphold a decision declaring the state's judicial privacy measure known as Daniel's Law as constitutional.

  • May 13, 2025

    11th Circ. Eyes Restarting Seafood Workers' ESOP Suit

    The Eleventh Circuit seemed Tuesday to lean toward reviving a lawsuit from former workers of a seafood company who allege that their employee stock ownership plan was overcharged in a $92 million deal, as judges questioned a lower court's decision to toss the case with prejudice.

  • May 13, 2025

    Attys Push 11th Circ. To Weigh Judge Shopping Sanctions

    The Eleventh Circuit can hear three attorneys' appeal of sanctions against them for judge shopping during their legal challenge to an Alabama law criminalizing gender-affirming care, because the underlying case was dismissed, making the jurisdictional question moot, two of those lawyers told the appellate court.

  • May 13, 2025

    1st Circ. Vacates $10M Severance Win Over Drafting Error

    The First Circuit threw out a judgment that valued a departing technology executive's severance payout at $10.2 million due to a mistake in the contract, ruling that the company's intended offer of $680,000 in total value could also be reasonably construed from the text of the deal.  

  • May 13, 2025

    NLRB Urges 5th Circ. To Stand By Its OK Of Exxon Vacatur

    The Fifth Circuit should stand by its decision that the National Labor Relations Board correctly vacated Exxon Mobil's win in an agency case after learning that a board member who presided over the litigation had a stake in the company, the agency told the appellate court.

  • May 13, 2025

    6th Circ. Demands New Atty Fee Calculation In Property Row

    The Sixth Circuit has agreed that the state of Michigan and one of its counties are liable for attorney fees in a lawsuit alleging the county unlawfully kept proceeds from a tax-foreclosed sale, adding on Monday that the lower court must better explain why it slashed the victorious property owner's fee request.

  • May 13, 2025

    Ga. Justices Revives Claim Over Med Student's Negligence

    The Georgia Supreme Court on Tuesday revived a woman's claim seeking to hold two doctors vicariously liable for a medical student's alleged negligence during a hysterectomy, saying there are questions about whether the student was acting as their servant at the time.

  • May 13, 2025

    Insurer Calls To Ax Mogul's Receivership Appeal As Sanction

    An insurer seeking to collect on a $524 million arbitration award against convicted insurance mogul Greg Lindberg has asked the North Carolina Court of Appeals to toss Lindberg's attempt at undoing a receivership order as a sanction for allegedly flouting court deadlines.

Expert Analysis

  • Series

    Playing Rugby Makes Me A Better Lawyer

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    My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.

  • Looking Back At 2024's Noteworthy State AG Litigation

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    State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.

  • Opinion

    No, Litigation Funders Are Not 'Fleeing' The District Of Del.

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    A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.

  • The Compliance Trends And Imperatives On Tap In 2025

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    The corporate ethics and compliance landscape is rapidly evolving, posing challenges from conflicting stakeholder expectations to technological disruptions, and businesses will need to explore human-centered, data-driven and evidence-based practices, says Hui Chen at CDE Advisors.

  • Opinion

    Congress Should Finally Add Clarity To Section 101

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    With both the U.S. House of Representatives and Senate introducing bills to provide guidance on what qualifies as patentable subject matter under the Patent Act, Congress will hopefully put an end at last to 10 years of uncertainty surrounding the question, says David Carstens at Carstens Allen.

  • 5 Advertising Law Trends To Watch In 2025

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    Although advertisers are encouraged by the incoming Trump administration's focus on deregulation, this year could feel like wading through uncharted waters, and decreased federal government regulation may mean increased state regulation, say attorneys at Reed Smith.

  • 5 E-Discovery Predictions For 2025 And Beyond

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    In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.

  • NY Plastic Pollution Verdict May Not Bode Well For Other Suits

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    The dismissal of New York state's public nuisance complaint against PepsiCo over pollution of the Buffalo River with the company's single use plastic bottles may not augur well for similar lawsuits filed by Baltimore and Los Angeles County, although tort law varies from state to state, say attorneys at Winston & Strawn.

  • What To Expect From Federal Cybersecurity Policy In 2025

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    There are 12 cyber policy questions to keep an eye on as the new administration and Republican control of Congress present an opportunity to advance less regulatory approaches and revisit some choices from the prior administration, say attorneys at Wiley.

  • Bid Protest Spotlight: Certification, Lateness, SBA Eligibility

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    In this month's bid protest roundup, Cody Fisher at MoFo examines three recent decisions from the U.S. Court of Appeals for the Federal Circuit and the U.S. Government Accountability Office that address the treatment of a proposal that was timely submitted but received late, and highlight nuances of certification and small business eligibility requirements.

  • How Decline Of Deference Will Affect Trump Policymaking

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    An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.

  • Series

    Ohio Banking Brief: All The Notable Legal Updates In Q4

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    Ohio's banking and financial services sector saw several significant developments in the fourth quarter of 2024, including a landmark Uniform Commercial Code ruling, adjustments to the state's Homebuyer Plus Program and the launch of the state's first women-led bank, says attorney Alex Durst.

  • 6 Predictions For Cyber Risk And Insurance In 2025

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    This year is likely to bring with it some thorny and expensive cyber challenges, including increased ransomware activity, more data breach class actions and continued efforts to define business interruption loss calculations, say attorneys at Wiley.

  • 7 Ways 2nd Trump Administration May Affect Partner Hiring

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    President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.

  • Opinion

    Courts Must Curb The Drug Price Negotiation Program

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    The Inflation Reduction Act's drug price negotiation program upends incentive structures that drive medical innovation, and courts must act appropriately to avoid devastating consequences for American healthcare and the pharmaceutical industry, says Jeff Stier at the Consumer Choice Center.

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