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Appellate

  • August 04, 2025

    D.C. Circuit Upholds FCC's Foreign Sponsorship Rule

    The D.C. Circuit upheld the Federal Communications Commission's 2024 foreign sponsorship disclosure rule for broadcasters Friday, rejecting arguments that the rule violated First Amendment speech protections and even reprimanding the premature leaking of nonpublic rulemaking details to broadcasters, calling the process a "new low" of industry capture.

  • August 04, 2025

    Anthropic Asks 9th Circ. To Review Authors' Class Cert.

    Anthropic PBC has asked the Ninth Circuit to review a California federal judge's class certification of a group of authors suing over use of their books to train artificial intelligence, saying the judge had rushed to approve a class of nearly seven million potential claimants.

  • August 04, 2025

    Conn. Justices Block Rehab Center's Bid To Halt Rival Permit

    A northwestern Connecticut drug rehabilitation facility lacks standing to challenge the state Department of Public Health's approval of a small-town rival's permit, the Connecticut Supreme Court ruled Monday, holding that a statute does not require regulators to consider effects on local competition when OK'ing new healthcare facilities.

  • August 04, 2025

    3rd Circ. Denies Tribal Lender Immunity In Payday Loan Suit

    The Third Circuit ruled Monday that tribal immunity doesn't shield GreatPlains Finance LLC from class claims over payday loan interest rates, reasoning that a judgment wouldn't affect the tribe's revenue.

  • August 04, 2025

    4th Circ. Says Lead Paint Suit Rightly Returned To State Court

    The Fourth Circuit has affirmed the remand of a proposed class action alleging a television tower owner and a painting company blasted lead-based paint off the tower and into surrounding neighborhoods, finding the case fits within the "local controversy" exception in the Class Action Fairness Act.

  • August 04, 2025

    Connecticut Justices Say Atty Due Extra $300K For ID Theft

    The Connecticut Supreme Court ruled on Monday that an attorney whose identity was stolen by scammers can receive punitive damages under the state's unfair trade practices statute in addition to a separate award of treble damages under a different law, holding that a lower court misjudged the allowable recovery.

  • August 04, 2025

    7th Circ. Won't Put Chicago Climate Change Suit On Hold

    The Seventh Circuit will not pause the execution of a lower court order remanding Chicago's climate change lawsuit against fossil fuel companies to state court, a decision the companies have asked the circuit court to review.

  • August 04, 2025

    Mich. High Court Says Cellphone Search Was Too Sweeping

    A split Michigan Supreme Court has refused to toss a number of charges for larceny, receiving stolen property and safe-breaking, ruling that the defendant did not receive ineffective counsel when his attorney failed to challenge an overly broad warrant issued to search his phone.

  • August 04, 2025

    Condo Can't Boot Unit Owner After Assault, Mass. Court Says

    A Massachusetts condominium association cannot force a unit owner charged with assaulting another resident to vacate his property, an intermediate state appellate court said Monday.

  • August 02, 2025

    9th Circ. Backs Limits On ICE Immigration Sweeps In LA

    The Ninth Circuit preserved most of a district court's temporary block on the Trump administration making immigration arrests in the Los Angeles area without probable cause, rejecting the government's request for a stay during its appeal.

  • August 01, 2025

    9th Circ. Lifts Order Halting Trump From Curbing Fed Unions

    The Ninth Circuit on Friday granted the Trump administration's bid to halt an injunction blocking enforcement of President Donald Trump's executive order axing labor contracts covering agencies with "national security" aims, saying in a published opinion that the government was likely to succeed against six unions' First Amendment retaliation claim.

  • August 01, 2025

    Supreme Court Asked To Weigh In On Distillery-Union Row

    An Oregon distillery has urged the U.S. Supreme Court to revive its challenge of a National Labor Relations Board decision that dinged the liquor maker for unfair labor practices, saying clarity was needed for a legal standard that the distillery says has allowed NLRB decisions to escape judicial review.

  • August 01, 2025

    Wheeling & Appealing: Midyear Highlights For Every Circuit

    In this special edition of Wheeling & Appealing, we're spotlighting key decisions and developments in every circuit court during the first half of 2025, while also previewing August's most intriguing oral arguments, including a remarkably "fierce" showdown between Edible Arrangements and 1-800-Flowers with millions of dollars in attorney fees on the line.

  • August 01, 2025

    Kalshi Gets Ex-Lawmakers' Backing In 3rd Circ. Betting Row

    A bipartisan group of former federal lawmakers is urging the Third Circuit to continue preventing New Jersey gambling regulators from taking action over KalshiEx's sports contracts, saying Congress intended for the U.S. Commodity Futures Trading Commission to have the final say on event contracts trading on federally regulated markets.

  • August 01, 2025

    NC Man Warns Justices Of 'Odor Alone' Pot-Search Dangers

    A North Carolina man who pled guilty to firearms charges after police found a weapon in his vehicle after smelling cannabis is urging the state's Supreme Court to find that the odor alone is not enough to establish probable cause, saying the current state of the law means anyone carrying state-legal hemp effectively gives up their Fourth Amendment right to be free of unreasonable searches.

  • August 01, 2025

    Michigan Ruling Casts Doubt On Employment Suit Time Limits

    A ruling from Michigan's highest court creates uncertainty for employers about the enforceability of contractually shortened limitation periods in the state, attorneys told Law360.

  • August 01, 2025

    3rd Circ. Asked To Revive Amazon Biometric Data Suit

    A federal judge erred in tossing class claims accusing Amazon of collecting consumers' voice data without their consent, including by finding that a third-party software company was a "financial institution," the named plaintiffs told the Third Circuit

  • August 01, 2025

    9th Circ. Sees 'Everest-Like' Preemption For Credit Union Fees

    A Ninth Circuit panel on Friday rejected a consumer's bid to revive his California class action claims over bounced-check fees at Navy Federal Credit Union, ruling that federal credit unions are exempt from state laws that regulate account fees.

  • August 01, 2025

    Pa. Appeals Court Affirms Gun Restrictions For Felons

    A man sentenced to up to eight years in prison for carrying a gun illegally as a result of his status as a felon didn't have his constitutional rights violated, the Pennsylvania Superior Court found Friday, affirming his convictions. 

  • August 01, 2025

    DC Circ. Upholds FERC's Limited Review Of Texas Pipeline

    The D.C. Circuit on Friday backed the Federal Energy Regulatory Commission's decision to limit its review of a Texas pipeline to a 1,000-foot section near the U.S.-Mexico border, saying the agency had reasonably explained why a broader review wasn't required.

  • August 01, 2025

    USPTO Tightens Rules On Patent Challengers' Arguments

    Patent challengers at the Patent Trial and Appeal Board will no longer be able to skirt a requirement that they must identify where all the elements of the patent are found in prior art patents or printed publications, according to a notice from the U.S. Patent and Trademark Office.

  • August 01, 2025

    9th Circ. Partially Revives Child Porn Victims' Suit Against X

    The Ninth Circuit on Friday partially revived a lawsuit brought by 13-year-old boys who had been sex trafficked alleging X Corp. refused to remove pornographic videos of them, saying Section 230 shields the social media platform from claims it knowingly benefited from sex trafficking, but not from negligence and defective-reporting design claims.

  • August 01, 2025

    2nd Circ. Affirms Class Cert. In VRDO Suit Against Banks

    The Second Circuit on Friday upheld a lower court order granting class certification to a group of American cities and others that are accusing eight large banks of inflating interest rates on debt securities known as variable rate demand obligations, saying the district court applied the correct legal standard in granting certification.

  • August 01, 2025

    Calif. Tribe Can't Halt Tobacco Ruling Amid Ninth Circuit Fight

    A California federal court won't order the Bureau of Alcohol, Tobacco, Firearms and Explosives to remove the Twenty-Nine Palms Band of Mission Indians from a noncompliance list over the alleged sale of cigarettes to non-Native customers while the tribe appeals the decision to the Ninth Circuit.

  • August 01, 2025

    7th Circ. Tosses Rehab's Zoning Row With Ind. Town

    The Seventh Circuit affirmed an Indiana town's win on Friday in an Americans with Disabilities Act and Rehabilitation Act suit lodged by companies that wanted to convert a local nursing home into a rehab facility.

Expert Analysis

  • E-Discovery Quarterly: Rulings On Relevance Redactions

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    In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.

  • Opinion

    Section 1983 Has Promise After End Of Nationwide Injunctions

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    After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.

  • Reel Justice: 'Oh, Hi!' Teaches Attys To Return To The Statute

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    The new dark comedy film “Oh, Hi!” — depicting a romantic vacation that turns into an inadvertent kidnapping — should remind criminal practitioners to always reread the statute to avoid assumptions, meet their ethical duties and finesse their trial strategy, says Veronica Finkelstein at Wilmington University School of Law.

  • Patent Ambiguity Persists After Justices Nix Eligibility Appeal

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    The Supreme Court recently declined to revisit the contentious framework governing patent eligibility by denying certiorari in Audio Evolution Diagnostics v. U.S., suggesting a necessary recalibration of both patent application and litigation strategies, say attorneys at Skadden.

  • Justices' Decision Axing Retiree's ADA Claim Offers Clarity

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    The U.S. Supreme Court's holding in Stanley v. City of Sanford that protections under Title I of the Americans with Disabilities Act don't extend to retirees potentially limits liability by giving employers additional support to challenge complaints, and highlights the need for proactive policy management to mitigate risk, say attorneys at Jackson Lewis.

  • Fed. Circ. In June: Transitional Phrases In Patent Claims

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    The Federal Circuit's recent decision in Eye Therapies v. Slayback Pharma takes on the rarely addressed topic of transitional phrases in patent claims, providing some useful lessons regarding restating claim language and broadly distinguishing prior art, say attorneys at Knobbe Martens.

  • Series

    Playing Soccer Makes Me A Better Lawyer

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    Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.

  • What To Do When Congress And DOJ Both Come Knocking

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    As recently seen in the news, clients may find themselves facing parallel U.S. Department of Justice and congressional investigations, requiring a comprehensive response that considers the different challenges posed by each, say attorneys at Friedman Kaplan.

  • Series

    Law School's Missed Lessons: Learning From Failure

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    While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.

  • Eye Drop Ruling Clarifies Importance Of Patent Phrasing

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    The Federal Circuit's recent ruling in Eye Therapies v. Slayback, rejecting the Patent Trial and Appeal Board's interpretation of "consisting essentially of," highlights the importance of using clear and consistent terms throughout a patent's filing history to shield it against future challenges, says Liliana Di Nola-Baron at Panitch Schwarze.

  • Midyear Rewind: How Courts Are Reshaping VPPA Standards

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    The first half of 2025 saw a series of cases interpreting the Video Privacy Protection Act as applied to website tracking technologies, including three appellate rulings deepening circuit splits on what qualifies as personally identifiable information and who qualifies as a consumer under the statute, say attorneys at Perkins Coie.

  • How Justices' Ruling On NEPA Reviews Is Playing Out

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    Since the U.S. Supreme Court's May decision in Seven County Infrastructure Coalition v. Eagle County, narrowing the scope of agencies' required reviews under the National Environmental Policy Act, the effects of the ruling are starting to become visible in the actions of lower courts and the agencies themselves, say attorneys at Saul Ewing.

  • Series

    Adapting To Private Practice: From ATF Director To BigLaw

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    As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.

  • Reverse Bias Rulings Offer Warning About DEI Quotas

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    Several recent holdings confirm that targeted or quota-based diversity programs can substantiate reverse discrimination claims, especially when coupled with an adverse action, so employers should exercise caution before implementing such policies in order to mitigate litigation risk, says Noah Bunzl at Tarter Krinsky.

  • 4th Circ. Favors Plain Meaning In Bump-Up D&O Ruling

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    The Fourth Circuit's latest denial of indemnity coverage in Towers Watson v. National Union Fire Insurance and its previous ruling in this case lay out a pragmatic approach to bump-up provisions that avoids hypertechnical constructions to limit the effect of a policy's plain meaning, say attorneys at Kennedys.

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