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Appellate

  • June 17, 2025

    Medical Documents Fair Game In STD Suit, Ga. Panel Says

    An Atlanta hedge fund manager and attorney may be forced to hand over his medical records to his ex-girlfriend in a suit where he stands accused of giving her genital herpes, after a state appellate court ruled Tuesday that the records were not absolutely shielded by his right to privacy.

  • June 17, 2025

    Org. Urges 9th Circ. To OK NFL Sunday Ticket Verdict Dismissal

    A legal foundation focused on promoting free enterprise principles is offering support to the NFL as the league defends a California federal judge's dismissal of a jury's $4.7 billion Sunday Ticket price-fixing award, arguing Tuesday the district court was right to correct a "gatekeeping failure" in expert testimony.

  • June 17, 2025

    ND Secretary Fights Tribes' 8th Circ. Voting Rights Rehearing

    North Dakota Secretary of State Michael Howe is urging the Eighth Circuit to deny two Native American tribes' bid for a rehearing in their voting rights challenge, arguing their petition misinterprets the appellate court's opinions and overstates U.S. Supreme Court precedent on the issue.

  • June 17, 2025

    9th Circ. Says Chinook Can't Get Tribal Status From Courts

    The Chinook Indian Nation can't revive its bid seeking federally recognized tribe status that would entitle it to benefits from the U.S. government after the Ninth Circuit issued an order Tuesday finding the process for federal recognition comes from the U.S. Department of the Interior, not the federal judiciary.

  • June 17, 2025

    Ill. Toy Makers Seek Justices' Early Review Of Trump Tariff Suit

    Illinois-based toy makers challenging President Donald Trump's emergency tariffs on Tuesday requested the U.S. Supreme Court consider their case before it is reviewed by the D.C. Circuit, arguing a stay to an injunction is allowing duty collections to continue and is damaging the companies.

  • June 17, 2025

    Ohio High Court Allows Challenge To Duke Gas Rate Increase

    Ohio's utility consumer advocate filed a timely appeal to challenge a regulator's approval of a Duke Energy Ohio Inc. rate increase for natural gas customers, the Ohio Supreme Court ruled Tuesday, denying Duke's bid to have the case dismissed.

  • June 17, 2025

    Sunglass Suit Tossed After 11th Circ. Nixes $40M Deal

    A Florida federal judge on Tuesday threw out a proposed class action alleging Costa Del Mar Inc. misled buyers about its sunglasses' lifetime warranty, saying the court doesn't have subject matter jurisdiction over the claims.

  • June 17, 2025

    X, Meta Get Fed. Circ. To Back Invalidation Of Xerox Patent

    X and Meta both saw their successful challenges to claims in a Xerox patent on creating profiles of website users remain intact after the Federal Circuit on Tuesday affirmed a pair of decisions from the Patent Trial and Appeal Board invalidating the claims.

  • June 17, 2025

    9th Circ. Backs Class Cert. In Suit Over Diabetes Drug Risk

    The Ninth Circuit refused to disband a class of third-party payors who claim Takeda Pharmaceutical and Eli Lilly & Co. hid their anti-diabetes drug's bladder cancer risks, finding no issue with a lower court's analysis of expert evidence showing prescriptions fell after the risks were disclosed.

  • June 17, 2025

    Four More Women Appeal NIL Deal Over Title IX Objections

    Four additional former and current women college athletes, including one of the most decorated lacrosse players of all time, have filed notice of their intent to appeal the NCAA's $2.78 billion name, image and likeness compensation settlement to the Ninth Circuit, objecting to the deal's disproportionately low allocation of money to women.

  • June 17, 2025

    11th Circ. Clears Carnival In Suit Over Sex Assault Of Teen

    The Eleventh Circuit on Tuesday sided with Carnival Corp. in a suit from a passenger who sought to hold the cruise line liable for a sexual assault against her when she was 15, finding that the facts of the case didn't support the argument that it had notice of the risk of any assault.

  • June 17, 2025

    Justice Jackson Tops Royalties And Trip Disclosures In 2024

    U.S. Supreme Court Justice Ketanji Brown Jackon wasn't the only member of the high court to make a stage-related debut in the past year: Justice Sonia Sotomayor had a hand in helping a Missouri theater company create a musical adaptation of one of her children's books, according to financial disclosure forms released Tuesday.

  • June 17, 2025

    3rd Circ. To Review AI Ruling In Fight Over Westlaw Data

    The Third Circuit on Tuesday granted an interlocutory appeal from tech startup Ross Intelligence, which is challenging a ruling from a Delaware federal court that concluded it infringed copyrighted material from Thomson Reuters' Westlaw platform to create a competing legal research tool powered by artificial intelligence.

  • June 17, 2025

    'Is Anybody Home?': Ex-Judge Faces Ethics Case Over Delays

    A former California state appellate justice whose persistent backlog subjected hundreds of cases, including some involving juveniles, to delays of four, five, even eight years is now facing a state ethics proceeding alleging neglect of duty and willful misconduct in office.

  • June 17, 2025

    Mich. Court Backs County's Bid For Financial Data Access

    Elected commissioners in Macomb County, Michigan, won a state Supreme Court bid to gain access to the county's financial information, while the court also left in place a ruling that Macomb's prosecutor may turn to outside law firms for legal advice.

  • June 17, 2025

    1st Circ. Says Ex-Santander Loan Officer Can't Bypass ERISA

    A former high-earning mortgage development officer for Santander Bank cannot attempt an "end run" around the Employee Retirement Income Security Act by pursuing civil claims under Rhode Island state law over her 2022 firing, a First Circuit panel has ruled.

  • June 17, 2025

    Fed. Circ. Undoes PTAB Win For Tech Giants On Web Patent

    The Federal Circuit on Tuesday threw out the Patent Trial and Appeal Board's decision that invalidated claims in an Express Mobile patent covering ways to build a website, handing a loss to patent challengers Meta, Google and others.

  • June 17, 2025

    NJ Supreme Court Rejects Judicial Privacy Law Challenge

    The New Jersey Supreme Court on Tuesday threw out a journalist's constitutional challenge to the judicial privacy measure Daniel's Law, finding it serves "a state interest of the highest order" in seeking to keep certain public officials out of harm's way.

  • June 17, 2025

    Sam's Club $310M Tobacco Tax Bill OK'd By Ill. Appeals Panel

    A Sam's Club outlet in Illinois was correctly assessed $310 million for its failure to pay county tobacco taxes on cigarettes it sold to out-of-county retailers, a state appeals panel said in a judgment, reversing a circuit court decision.

  • June 17, 2025

    2nd Circ. Seems Inclined To Uphold FedEx Race Bias Win

    A Black fired FedEx driver may not have laid out sufficient evidence to get his race discrimination and retaliation suit revived, a Second Circuit panel indicated Tuesday, with one judge saying she wasn't sure how the facts he had presented would be enough for an initial case.

  • June 17, 2025

    2nd Circ. Weighs Harms In Post-Pandemic School Funds Fight

    The Second Circuit asked Tuesday if the federal government would be irreparably harmed if ordered to continue hundreds of millions of dollars of ongoing education-related COVID-19 pandemic recovery funding, as it mulled an order barring the Trump administration from cutting off the money.

  • June 16, 2025

    Asian Bar Groups Jump Into Fight Over Trump Birthright Ban

    The National Asian Pacific American Bar Association and dozens of other affiliated legal organizations urged the First Circuit on Monday to uphold a Massachusetts federal judge's decision blocking President Donald Trump's executive order limiting birthright citizenship, saying the White House order is unconstitutional and would "disproportionately harm" Asian American communities.

  • June 16, 2025

    DOJ Says Naval Academy Admissions Policy Case Is Moot

    The U.S. Department of Justice on Monday asked the Fourth Circuit to toss an appeal challenging the U.S. Naval Academy's consideration of race in admissions because the school has since changed its admissions program "so that race and ethnicity are no longer considered in any way at any point."

  • June 16, 2025

    NJ Justices OK Grand Jury Investigations Of Clergy Abuse

    New Jersey can empanel a special grand jury to investigate allegations of clergy sexual abuse, the state Supreme Court ruled unanimously Monday, saying that no case law or court rule allows a judge to prohibit a grand jury inquiry before it has even begun.

  • June 16, 2025

    Fed. Circ. Faults Ax Of Patent Targeted By Nintendo, Others

    The Federal Circuit on Monday vacated Patent Trial and Appeal Board decisions invalidating claims in a computer security patent asserted against Nintendo, Roku and Vizio, saying the board didn't give enough weight to "substantial" licenses for the patent when finding it obvious.

Expert Analysis

  • Seven County Ruling Should Trim Agency Enviro Analysis

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    The U.S. Supreme Court's ruling in Seven County Infrastructure Coalition v. Eagle County provides needed clarity for infrastructure projects by expressly directing agencies to narrow environmental reviews, and reducing the threat of litigation if even tangential issues are not exhaustively evaluated, say attorneys at Dentons.

  • Series

    Running Marathons Makes Me A Better Lawyer

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    After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.

  • High Court Ruling Bucks Trend Of Narrowing Fraud Theories

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    The U.S. Supreme Court’s recent Kousisis v. U.S. decision, holding that economic loss is not required to establish prosecutors’ fraudulent inducement theory of fraud, is at odds with its decadeslong narrowing of federal fraud statutes’ reach, and may lead to convictions for a wide variety of contractual misrepresentations, say attorneys at Keker Van Nest.

  • High Court Order On Board Firings Is Cold Comfort For Fed

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    The U.S. Supreme Court’s recent Trump v. Wilcox order, upholding the firings of two independent agency board members during appeal, raises concerns about the future of removal protections for Federal Reserve System members, and thus the broader politicization of U.S. monetary policy, say attorneys at Squire Patton.

  • Series

    Law School's Missed Lessons: Supporting A Trial Team

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    While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.

  • Google Damages Ruling May Spur Income Approach Usage

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    The Federal Circuit's recent decision in EcoFactor v. Google may affect the extent to which damages experts apply the market approach in patent infringement matters, and income approach techniques may assume greater importance, says Erin Crockett at Charles River Associates.

  • Opinion

    Address Nationwide Injunction Issues With Random Venues

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    Many of the qualms about individual district court judges' authority to issue nationwide injunctions could be solved with a simple legislative solution: handling multiple complaints about the same agency action filed in different district courts by assigning a venue via random selection, says Harvey Reiter at Stinson.

  • Series

    Adapting To Private Practice: From US Attorney To BigLaw

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    When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.

  • 11th Circ. Ruling Warns Parties To Follow Arbitral Rules

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    The Eleventh Circuit's recent decision in Merritt Island Woodwerx v. Space Coast is important for companies utilizing arbitration clauses because it clearly demonstrates the court's intent to hold noncompliant parties responsible in federal court — regardless of subsequent efforts to cure, says Ed Mullins at Reed Smith.

  • 2nd Circ. Limits VPPA Liability, But Caveats Remain

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    The Second Circuit's narrowed scope of the Video Privacy Protection Act in Solomon v. Flipps Media, in which the court adopted the ordinary person standard, will help shield businesses from VPPA liability, but the decision hardly provides a free pass to streamers and digital media companies utilizing website pixels, say attorneys at Frankfurt Kurnit.

  • The Ins And Outs Of Consensual Judicial References

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    As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.

  • SpaceX Labor Suit May Bring Cosmic Jurisdictional Shifts

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    The National Mediation Board's upcoming decision about whether SpaceX falls under the purview of the National Labor Relations Act or the Railway Labor Act could establish how jurisdictional boundaries are determined for employers that toe the line, with tangible consequences for decades to come, say attorneys at Davis Wright.

  • Opinion

    The BigLaw Settlements Are About Risk, Not Profit

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    The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.

  • Opinion

    Courts Must Revitalize Robust Claim Construction

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    Two Federal Circuit decisions from earlier this year illustrate the rarity of robust claim construction and the underused reverse doctrine of equivalents — a dual problem that prevents courts from clearly delineating and correctly cabining the scope of rights conferred by patent claims, say attorneys at Klarquist Sparkman.

  • State Tort Claims May Help Deter Bribes During FCPA Pause

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    As the U.S. pauses Foreign Corrupt Practices Act enforcement, companies that lose business due to competitors' bribery should consider using state tortious interference suits to expose corruption, deter illegal practices and obtain compensation for commercial losses, says Jason Manning at Levy Firestone.

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