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Appellate
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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.
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June 05, 2025
Convicted Fla. Atty Urges 11th Circ. To Reexamine Sentence
A Florida lawyer sentenced to 75 months in prison over a COVID-19 loan fraud scheme has asked the Eleventh Circuit to rehear her sentencing en banc, arguing the appellate court should reexamine the district court's so-called Keane statement allegedly disregarding sentencing guidelines.
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June 05, 2025
Senate Panel Advances Picks For Nat. Sec. Post, Iowa US Atty
The Senate voted 52-43 along party lines on Thursday to confirm John Andrew Eisenberg to be assistant attorney general for national security.
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June 05, 2025
How Trump's Pardons Could Sway Prosecutorial Discretion
As President Donald Trump dismantles a growing list of white collar criminal cases with a flurry of clemency grants early in his second term, erasing years of investigative and prosecutorial work with a stroke of his black Sharpie, experts worry his actions will have a chilling effect on prosecutorial decision-making.
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June 05, 2025
4th Circ. Stalls Jordan's NASCAR Team During Antitrust Suit
The Fourth Circuit on Thursday threw a caution flag in a much-publicized antitrust suit against NASCAR by vacating an injunction that let two teams — including one co-owned by NBA legend Michael Jordan — keep their charter status while they pursue claims against the league.
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June 05, 2025
High Court Drops Class Cert. Clarification Bid
The U.S. Supreme Court declined Thursday to weigh in on whether federal courts can certify classes that include uninjured members, holding it improperly agreed to hear a disability discrimination case against diagnostics company Labcorp that raised the important question.
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June 05, 2025
Justices Revive Bid To Enforce $1.3B Indian Satellite Award
The U.S. Supreme Court on Thursday overturned a Ninth Circuit decision refusing to enforce a $1.3 billion arbitral award issued to an Indian satellite communications company, ruling that the court's outlier interpretation of a jurisdictional question was incorrect.
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June 05, 2025
Supreme Court Bars Hamas Victims From Reviving Bank Suit
The U.S. Supreme Court ruled Thursday that victims of Hamas terrorist attacks cannot get a second shot at filing a lawsuit that seeks to hold a Lebanese bank liable for aiding and abetting Hamas, reasserting that final judgments can only be reopened under "extraordinary circumstances."
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June 05, 2025
Justices Nix Mexico's Cartel Violence Suit In Win For Gun Cos.
The U.S. Supreme Court on Thursday threw out a suit by the government of Mexico against Smith & Wesson and other major gun companies, finding in a unanimous opinion that the alleged ties between the firearms makers and cartel violence south of the border are too speculative to stand up in court.
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June 05, 2025
Justices Fault Wis. For Denying Tax Break To Charities
Wisconsin discriminated against a group of Catholic charities when it denied them an unemployment tax exemption, the U.S. Supreme Court said Thursday, rejecting the state's argument that the charities were not operated primarily for religious purposes.
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June 05, 2025
Justices Nix Higher Hurdle For Heterosexual Bias Claims
A unanimous U.S. Supreme Court on Thursday vacated the Sixth Circuit's ruling that plaintiffs claiming anti-heterosexual workplace discrimination need to provide extra "background circumstances" evidence, opining that it improperly imposed special standards on majority-group plaintiffs.
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June 04, 2025
Del. Justices Probe Bid For Biden Laptop Suit Revival
A Delaware Supreme Court justice asked a computer repair shop owner's attorney Wednesday if his client had a right to claim anonymity after informing Congress he had a left-behind copy of Hunter Biden's laptop hard drive, in a politically controversial case that originated during President Donald Trump's first term
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June 04, 2025
Fla. School Urges 11th Circ. To Allow Jury Trial In TM Dispute
A Florida distance learning school urged the Eleventh Circuit on Wednesday to revive its trademark infringement lawsuit against a rival, arguing it should be allowed to prove to a jury that it sustained actual damages because parents were confused by a competitor's website.
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June 04, 2025
Walmart Slip-And-Fall Suit Must Go To Trial, 4th Circ. Rules
Walmart can't argue it had no duty to treat a specific patch of black ice that caused a woman's slip and fall after a winter storm, the Fourth Circuit ruled Wednesday, saying that a winter storm puts retailers on notice that their entire parking lot had become a potential hazard for customers.
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June 04, 2025
1st Circ. Upholds Block On Trump's Education Dept. Job Cuts
The First Circuit on Wednesday rejected a bid by President Donald Trump to greenlight massive job cuts at the U.S. Department of Education, finding that the administration had not provided enough evidence to overturn a block put in place by a Massachusetts federal judge.
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June 04, 2025
Yogis' Legal Warrior Pose Gets Beach Ban Lifted At 9th Circ.
The Ninth Circuit on Wednesday ordered a lower court to grant a preliminary injunction to yoga instructors who challenged San Diego's prohibition on free yoga classes at shoreline parks, finding the activity to be speech protected by the First Amendment since it imparts a skill derived from special knowledge.
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June 04, 2025
4th Circ. Invokes Rooker-Feldman In Hospitalization Case
The Fourth Circuit on Wednesday found that a woman could not challenge a consent order she signed to be released from an involuntary hospital commitment, marking the first opinion of its kind from the court in two decades invoking the Rooker-Feldman doctrine.
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June 04, 2025
French Plane Co. Escapes Crash Suit In Fla. Courts
A Florida appeals panel on Wednesday threw out product liability claims against a French plane manufacturer in a suit over a crash that killed all but one of its passengers, saying the company's ties to the Sunshine State are not related to the allegations in the complaint.
Expert Analysis
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What's At Stake In High Court's Class Member Standing Case
The U.S. Supreme Court’s eventual decision in Labcorp v. Davis could significantly alter how parties prosecute and defend class actions in federal court, particularly if the court determines some proof of member standing is required before a class may be certified, say attorneys at Reed Smith.
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What Remedies Under New Admin's SEC Could Look Like
The U.S. Securities and Exchange Commission is likely to substantially narrow the remedies it pursues over the next few years, driven by the mounting challenges it faces in court, as well as the views of its incoming chair and fellow Republican commissioners on injunctions, penalties and disgorgement, say attorneys at Milbank.
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Patent Eligibility Insights From Fed. Circ.'s Drill Bit Ruling
The Federal Circuit's recent decision in US Synthetic Corp. v. ITC addresses critical issues in patent eligibility jurisprudence, especially regarding composition-of-matter claims and Section 101 challenges, says Daniel Yannuzzi at Sheppard Mullin.
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5 Keys To Building Stronger Attorney-Client Relationships
Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.
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What SDNY Judge Can And Can't Do In Adams Case
The federal judge in the Southern District of New York overseeing the criminal case against New York City Mayor Eric Adams deferred making a decision on the government's motion to dismiss the indictment, and while he does have limited authority to deny the motion, that would ultimately be a futile gesture, says Ethan Greenberg at Anderson Kill.
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Drug Kickback Ruling Will Make FCA Liability Harder To Prove
The First Circuit's ruling in U.S. v. Regeneron Pharmaceuticals, requiring the government to prove but-for causation to establish False Claims Act liability based on violations of the Anti-Kickback Statute, raises the bar for FCA enforcement and deepens a circuit split that the U.S. Supreme Court may need to resolve, say attorneys at Baker Donelson.
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Notable Q4 Updates In Insurance Class Actions
In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.
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Expropriation Claims After Justices' Holocaust Asset Ruling
The U.S. Supreme Court's recent decision in Hungary v. Simon, rejecting Holocaust survivors' claims against the Hungarian government under the Foreign Sovereign Immunities Act's expropriation exception, continues the trend of narrowly interpreting that exception and offers important guidance for future plaintiffs considering such claims, say attorneys at MoloLamken.
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Series
Racing Corvettes Makes Me A Better Lawyer
The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.
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Questions Remain After Justices' Narrow E-Rate FCA Ruling
The U.S. Supreme Court’s recent decision in Wisconsin Bell, holding that requests for reimbursement from the Federal Communications Commission's E-Rate program are subject to False Claims Act liability, resolves one important question but leaves several others open, says Jason Neal at HWG.
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Opinion
Attorneys Must Act Now To Protect Judicial Independence
Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.
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Colo. Anti-SLAPP Cases Highlight Dismiss Standard Disparity
A pair of recent decisions from the Colorado Court of Appeals highlights two disparate standards for courts evaluating anti-SLAPP motions: one that requires a court to accept the plaintiff's evidence as true and another that allows the court to assess its merits, says Jacob Hollars at Spencer Fane.
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Appealing An Interlocutory Order On Insurer Duty To Defend
A recent First Circuit decision on a motion regarding an insurer's duty to defend underlying litigation highlights how policyholders may be able to pursue immediate appeals of interlocutory orders, especially in light of other circuit courts' stances on this issue, say attorneys at Anderson Kill.
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Rethinking 'No Comment' For Clients Facing Public Crises
“No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.
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Del. Supreme Court TripAdvisor Ruling May Limit 'MFW Creep'
The Delaware Supreme Court's recent Maffei v. Palkon ruling regarding TripAdvisor's proposed reincorporation to Nevada potentially signals a turning point in the trend of expanding the protections from Kahn v. M&F Worldwide to other types of transactions, says Andrew J. Haile at Elon University.