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Appellate
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June 03, 2025
3rd Circ. Flags 'Double-Counting' Damages In Trade Secrets Trial
A Third Circuit panel on Tuesday seemed ready to double-check a jury's apparent double-counting of damages in a trade secrets case between two regulatory compliance businesses, noting that the jurors' math indicated they had multiplied an expert's estimate of allegedly ill-gotten profits, while the victor in the case cautioned against trying to divine the jury's thoughts.
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June 03, 2025
Peloton 'Hammered' Market With Infringing TM, 9th Circ. Hears
A professional cyclist's fitness app company, World Champ Tech, urged the Ninth Circuit on Tuesday to reverse Peloton's summary judgment win on trademark claims over its "Bike+" brand, arguing the lower court erred by ignoring that Peloton "hammered the market" with its new brand despite knowing World Champ owned the mark.
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June 03, 2025
4th Circ. Again Decertifies Marriott Data Breach Classes
The Fourth Circuit on Tuesday once again scrapped class certification of potentially millions of Marriott International Inc. guests in multidistrict litigation over a major data breach at the company's Starwood-branded hotels, finding the guests can't get around a class action waiver built into the rewards program.
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June 03, 2025
'Chintzy' Paramount Stole 'Top Gun' IP, 9th Circ. Told
Counsel for the family of a journalist who sold the rights to a magazine story he wrote that inspired the 1986 movie "Top Gun" to Paramount Pictures urged the Ninth Circuit on Tuesday to revive their copyright suit over the 2022 film sequel, saying Paramount was "chintzy" in not negotiating another license.
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June 03, 2025
Accord Urges Justices To Reject 'Crush-Resistant' Oxy IP Row
Accord Healthcare Inc. says the U.S. Supreme Court should reject bankrupt OxyContin maker Purdue Pharma LP's attempt to revive its legal effort to use patent laws to block the release of a competing, "crush-resistant" generic painkiller.
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June 03, 2025
Aaron Judge Wants Fed. Circ. To Back TM Win Over Slogans
New York Yankees captain Aaron Judge and the Major League Baseball Players Association have asked the Federal Circuit to affirm a Trademark Trial and Appeal Board decision that blocked a Long Island man from registering trademarks for judicially themed slogans, such as "All Rise" and "Here Comes The Judge."
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June 03, 2025
Supreme Court Won't Hear Mich. Gym's COVID Closure Suit
The U.S. Supreme Court on Monday said it would not hear a petition from a Michigan gym seeking compensation from the state for the economic losses it suffered after being forced to scale back services or close during the height of the COVID-19 pandemic.
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June 03, 2025
5th Circ. Panel Says Child Must Be Returned To Venezuela
A split Fifth Circuit panel vacated a district court order barring the removal of a Venezuelan child who was brought by her mother to the U.S. without authorization, saying the child should be returned to Venezuela under the Hague Convention.
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June 03, 2025
Apple Challenging EU's Interoperability Requirements
Apple is challenging new rules imposed by European enforcers that require iPhones and iPads to work more seamlessly with third-party devices, saying the rules create privacy and security risks for users and threaten to hamper innovation.
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June 03, 2025
2nd Circ. Says Social Worker Can't Challenge NY Abortion Law
The Second Circuit on Tuesday rejected a social worker's constitutional challenge to a New York law decriminalizing abortion, finding that she lacked standing to sue because she couldn't identify any specific fetus facing harm.
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June 03, 2025
Mich. High Court To Weigh Warrantless DNA Testing Legality
The Michigan Supreme Court will consider whether to take on an appeal from a man convicted of murder who says the police's warrantless testing of his clothes while he was jailed on unrelated warrants was unlawful.
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June 03, 2025
Irish Court Says US Co.'s Irish Units Not Owed Treaty Benefits
Three Irish subsidiaries cannot benefit from the U.S.-Ireland tax treaty's provision of equally favorable treatment between U.S. and Irish residents because their ultimate parent entity, a Delaware financial firm, is disregarded for U.S. tax purposes, Ireland's Court of Appeal said in a judgment.
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June 03, 2025
4th Circ. Backs NLRB Order On Trucking Co.'s Union Threat
The Fourth Circuit has upheld a National Labor Relations Board decision concluding a trucking company in Virginia made an illegal threat to workers in response to a union organizing push, and also clarified what messages from employers are protected under federal labor law.
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June 03, 2025
Akoustis' Appeal Of $39M IP Verdict Dropped After Bankruptcy
Radio frequency filter firm Akoustis Technologies has agreed to drop an appeal of a jury's $39 million patent infringement and trade secrets misappropriation verdict in favor of Qorvo Inc. that drove it to file for Chapter 11 bankruptcy in December.
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June 03, 2025
The Law360 400: A Look At The Top 100 Firms
A rebound in client work sent the nation’s largest law firms into growth mode last year, driving a wave of hiring, mergers and strategic moves that reshaped the top tier of the Law360 400. Here's a preview of the 100 firms with the largest U.S. attorney headcounts.
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June 03, 2025
Calif. Panel Won't Restore Subclasses In Nurses' Wage Suit
Two nurses failed to back up their assertions that a hospital system similarly refused to provide their colleagues with meal and rest breaks, a California state appeals court ruled, upholding an order that decertified two subclasses in their wage suit.
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June 02, 2025
5th Circ. Will Mull In-House Banking Cases In Jarkesy's Wake
A Fifth Circuit panel is set to scrutinize in-house proceedings at the Federal Deposit Insurance Corp. and other banking agencies on Tuesday in a trio of appeals with the potential to upend the regulators' primary mode of enforcement.
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June 02, 2025
Ga. Residents Urge Panel To Revive Sea Island Roads Fight
A pair of Glynn County, Georgia, residents urged the state's Court of Appeals to revive their lawsuit seeking to prevent the Sea Island Co. from denying public access to roads on Sea Island that they say were never properly transferred to the company.
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June 02, 2025
Despite 11-1 Split Warning, 7th Circ. Limits Use Of Mandamus
The Seventh Circuit shrugged off assertions that it has inexplicably adopted one-of-a-kind restrictions on change-of-venue challenges, refusing Monday to rethink its recent rejection of mandamus as a mechanism to fight forum selection decisions.
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June 02, 2025
Pa. Panel Grants New Trial In Death Suit Against ER Doctor
A Pennsylvania appeals court on Monday ordered a new trial in a suit accusing an emergency room physician of negligently treating a man's cardiac issues which proved fatal, saying a medical journal article written by the defense's medical expert should have been admitted as evidence.
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June 02, 2025
9th Circ. Doubts Professor's DEI Free Speech Fight
A Ninth Circuit panel appeared skeptical Monday of a professor's effort to revive his constitutional challenge of the California Community Colleges Board's diversity, equity, inclusion and accessibility regulations, with one judge noting the board hasn't enforced the rules and another judge criticizing the professor for declining to amend his suit.
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June 02, 2025
PacificCorp Fights Wash.'s Carbon Limit Program At 9th Circ.
PacificCorp urged the Ninth Circuit on Monday to revive claims alleging Washington's carbon emissions cap-and-invest program unconstitutionally discriminates against out-of-state customers by imposing emissions allowances for power exported out of state, while Washington argued that the lawsuit seeks to create a "loophole" that would result in a "free pass" on emissions.
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June 02, 2025
Fed. Circ. Asks Whether Trade Secrets Were Secret Enough
The Federal Circuit set out Monday to determine whether an Ohio federal judge was right or wrong to throw out a $64 million jury verdict finding that Goodyear Tire & Rubber Co. stole an inventor's ideas for self-inflating tires because the trade secrets were too vague to have gone to a jury.
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June 02, 2025
Retired Wash. High Court Justice Charles Wiggins Dies At 77
Retired Washington Supreme Court Justice Charles K. Wiggins, who served a decade on the state's high court, died last week from complications due to Parkinson's disease at the age of 77, according to a news release.
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June 02, 2025
9th Circ. Sends Express Scripts Opioid Case To State Court
The Ninth Circuit sent California's public nuisance lawsuit against Express Scripts and OptumRx over opioid dispensing back to state court Monday and denied the pharmacy benefit managers' bid to stay the remand pending appeal, saying the U.S. Supreme Court's 2009 Nken decision controls, not its later Coinbase ruling.
Expert Analysis
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How Ill. Ruling Could Influence Future Data Breach Cases
The Illinois Supreme Court's recent decision in Petta v. Christie Business Holding, which was based solely on standing, establishes an important benchmark for the viability of Illinois-based lawsuits arising out of data security incidents that defendants can cite in future cases, say attorneys at Wilson Elser.
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The Rising Need For The Selective Prosecution Defense
In a political climate where criminal and civil prosecution on the basis of political affiliation, constitutionally protected speech or other arbitrary classification is increasingly likely, existing precedent shows why judges should be more open to allowing a selective prosecution defense, say attorneys at Sidley.
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Corp. Transparency Act's Future Under Treasury's Bessent
The Corporate Transparency Act’s ultimate fate faced uncertain terms at the end of 2024, but new U.S. Department of the Treasury Secretary Scott Bessent's statements and actions so far demonstrate that he does not intend to ignore the law, though he may attempt to make modifications, say attorneys at Taylor English.
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Serta Ruling Further Narrows Equitable Mootness In 5th Circ.
The Fifth's Circuit recent Serta bankruptcy decision represents a further hardening of its view of the equitable mootness doctrine, and may set up a U.S. Supreme Court review of the doctrine in the near future, say attorneys at Cleary.
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Opinion
Inconsistent Injury-In-Fact Rules Hinder Federal Practice
A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.
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Takeaways From Oral Argument In High Court Trademark Case
Unpacking oral arguments from Dewberry Group v. Dewberry Engineers, which the U.S. Supreme Court is expected to rule on this year, sheds light on the ways in which the decision could significantly affect trademark infringement plaintiffs' ability to receive monetary damages, say attorneys at Buchanan Ingersoll.
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In-House Counsel Pointers For Preserving Atty-Client Privilege
Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.
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4 Potential Effects Of 3rd Circ.'s Coinbase Ruling
The Third Circuit's recent landmark decision in Coinbase v. U.S. Securities and Exchange Commission that the SEC's refusal to engage in rulemaking to clarify its stance on crypto enforcement was "insufficiently reasoned" could have wide-ranging impacts, including on other cases, legislation and even the SEC's reputation itself, says Daniel Payne at Cole-Frieman.
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Disability Ruling Guides On Cases With Uncertain Causation
In Dime v. MetLife, a Washington federal court’s recent ruling in favor of a disability claimant instructs both claimants and insurers on the appropriate standard for establishing and making a disability determination when there is limited medical evidence explaining the disability’s cause, says Mark DeBofsky at DeBofsky Law.
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National Bank Act Rulings Facilitate More Preemption Analysis
Two recent National Bank Act preemption decisions from an Illinois federal court and the Ninth Circuit provide the first applications of the U.S. Supreme Court’s May ruling in Cantero v. Bank of America, opening the potential for several circuit courts to address the issue this year, say attorneys at Moore & Van Allen.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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Opinion
New DOJ Leaders Should Curb Ill-Conceived Prosecutions
First-of-their-kind cases have seemingly led to a string of overly aggressive prosecutions in recent years, so newly sworn-in leaders of the U.S. Department of Justice should consider creating reporting channels to stop unwise prosecutions before they snowball, says Jonathan Porter at Husch Blackwell.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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What Justices' FLSA Ruling Means For 2-Step Collective Cert.
The U.S. Supreme Court's recent decision in EMD Sales v. Carrera may have sounded the death knell for the decades-old two-step process to certify collective actions under the Fair Labor Standards Act, which could lead more circuits to require a preponderance of the evidence showing that members are similarly situated, says Steven Katz at Constangy.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.