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Appellate
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June 13, 2025
9th Circ. Renews Copyright Claims In Software Cos. Fight
A Ninth Circuit panel has partially revived an intellectual property dispute between software companies Cloanto Corp. and Hyperion Entertainment, ruling that the lower court erred in tossing Cloanto's copyright claims while correctly axing its breach of contract claim.
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June 13, 2025
5th Circ. Says No Private Right Of Action In No Surprises Act
The Fifth Circuit has ruled a pair of flight ambulance providers cannot pursue their lawsuit seeking to enforce out-of-network billing dispute resolution awards against a health insurance company, saying there's no private right of action built into a 2022 law that protects patients from surprise medical bills.
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June 13, 2025
Calif. State Bar Is Immune From Atty's ADA Suit, 9th Circ. Says
The Ninth Circuit on Friday declined to revive an attorney's claims alleging the California State Bar violated the Americans with Disabilities Act by not granting extra time to respond to disciplinary action based on outstanding debt, finding the bar, as an arm of the state, is entitled to sovereign immunity.
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June 13, 2025
DC Circ. Urged To Reject Approval For Braille-Free Drug Label
Vanda Pharmaceuticals Inc. is urging the D.C. Circuit to reverse a lower court decision upholding the U.S. Food and Drug Administration's approval of a generic sleep-disorder drug without Braille labeling, a move the company argues jeopardizes patient safety.
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June 13, 2025
Omitted Jury Instruction Tainted Fraud Trial, DC Circ. Says
A D.C. Circuit panel ruled Friday that a new trial was warranted in a pandemic relief loan fraud case based on the trial court's inadvertent failure to instruct jurors to not draw negative conclusions from the defendant's decision not to testify.
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June 13, 2025
4th Circ. Axes Guilty Plea Over Police Misconduct
The Fourth Circuit vacated a North Carolina man's guilty plea on drug trafficking charges, holding Friday that new information regarding "egregious police misconduct" that plagued the prosecution's case rendered his plea involuntary.Â
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June 13, 2025
Wash. High Court Suspends Atty Amid Delays In Bar Probe
The Washington State Supreme Court has suspended an Evergreen state attorney's legal license, at the state bar association's request, for allegedly stalling disciplinary investigations into her work representing student families in two federal lawsuits against school districts.
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June 13, 2025
11th Circ. Holds Local GOP Had Right To Bar Anti-Trumpers
An Eleventh Circuit panel has sided with a county-level Georgia Republican Party and reversed a federal district court's dismissal of the party's suit, which looked to vindicate its right to exclude purportedly anti-Trump candidates from qualifying for local office on the GOP ticket.
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June 13, 2025
2nd Circ. Won't Rehear Trump Appeal Of $5M Assault Verdict
The full Second Circuit refused Friday to revisit President Donald Trump's challenge to writer E. Jean Carroll's $5 million sexual assault finding against him, with two judges dissenting.
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June 13, 2025
Pa. Court Faults Agency For Rebuffing Late Child-Death Filing
Pennsylvania's labor regulator should have at least considered accepting a business's late submission of a response to accusations of child labor stemming from a fatal accident with a wood chipper, a state appellate panel ruled Friday in an opinion that clarified when to make exceptions to agency filing deadlines.
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June 13, 2025
3rd Circ. Won't Rehear Bid To Toss Boy Scouts' Ch. 11 Plan
The Third Circuit declined to hold a panel or full court rehearing of its May decision to uphold the Boy Scouts of America's Chapter 11 bankruptcy plan in a pair of Friday orders rejecting petitions by two sets of abuse survivors, with the orders implying some judges on the court had supported taking another look.
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June 13, 2025
Texas Justices Pass On Final 'Love Is Blind' Appeal
The Texas Supreme Court on Friday declined for the third time to intervene in a suit between the producers of Netflix's "Love Is Blind" and a former contestant who says she was sexually assaulted while filming the show.
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June 13, 2025
DC Circ. Sides With FERC In Substation Cost Dispute
A D.C. Circuit panel ruled Friday that the Federal Energy Regulatory Commission got it right when it denied a wind facility operator's petition seeking reimbursement from the Western Area Power Administration for its contribution to a substation expansion.
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June 13, 2025
Midyear Report: 5 ERISA Decisions Attys Should Know
The U.S. Supreme Court revived retirement plan mismanagement allegations against Cornell University, the Sixth Circuit restarted a yacht company's suit against its health benefits administrator and American Airlines took a hit for emphasizing socially conscious investing in its 401(k) plan decisions. Here are five important decisions that came down in Employee Retirement Income Security Act cases during the first half of this year.
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June 13, 2025
Oregon Takes Cannabis Labor Peace Row To 9th Circ.
Oregon officials will appeal a federal judge's order barring enforcement of a voter-approved law that required licensed cannabis businesses to enter into labor peace pacts with their workers.
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June 13, 2025
Grassley Budget Bill Calls For More Use Of Injunction Bonds
Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, has released his portion of the budget reconciliation text, which would bolster the use of injunction bonds to raise the stakes for plaintiffs seeking to halt White House initiatives.
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June 13, 2025
Fed. Circ. Remands Wine Trademark Dispute To TTAB
The Federal Circuit on Friday revived a challenge that Chateau Lynch-Bages' launched against an application for a trademark with a similar name to the chateau's second-label Bordeaux wine, saying the Trademark Trial and Appeal Board must take another look.
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June 13, 2025
Ex-Defender Urges 4th Circ. To 'Fortify' Workplace Protections
A former assistant public defender has doubled down on efforts to revive her sex bias suit against the federal judiciary, telling the Fourth Circuit that siding with the judiciary would further discourage its employees from speaking up or reporting abuse out of fear of retaliation.
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June 13, 2025
Mayer Brown Helps Get Man Off Death Row After 21 Years
A team of Mayer Brown LLP attorneys fought for decades to get the death sentence of a Houston man commuted to life in light of the inmate's intellectual disability, in a case that shows how legal standards have evolved in an area once known as "death county."
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June 13, 2025
Colo. Appeals Upholds State Board Rules On Teacher Reviews
A state appeals court sided with the Colorado State Board of Education in a challenge brought by an educators union against the board's new teacher performance evaluation system and the appeal process for those evaluations, precedentially ruling that the board acted within its delegated authority.
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June 13, 2025
NJ Judge Accepts Feds' New Bid To Keep Khalil Jailed
A New Jersey federal judge on Friday declined Columbia graduate student Mahmoud Khalil's request to be released from immigration detention after the Trump administration said earlier in the day it has alternative grounds to keep him behind bars.
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June 12, 2025
Feds Urge 1st Circ. To Allow End Of Immigrant Parole Program
The Trump administration Wednesday urged the First Circuit to lift a district court's block on the federal government from rescinding temporary Biden-era removal protections from more than 500,000 Cuban, Haitian, Nicaraguan and Venezuelan immigrants, saying the U.S. Supreme Court already hinted that the order was a mistake.
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June 12, 2025
Ex-UPS Workers Urge 9th Circ. To Revive State Law Claims
An attorney for some former United Parcel Service workers urged a Ninth Circuit panel Thursday to undo a decision barring them from proceeding with some state employment claims because the workers memorialized them on union grievance forms, telling the panel the claims aren't preempted by federal law.
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June 12, 2025
7th Circ. Backs Hartford's Denial Of Benefits To Ex-PwC Exec
The Seventh Circuit on Thursday refused to revive a lawsuit by a former PricewaterhouseCoopers LLP executive accusing the accounting firm's disability insurance provider of wrongly denying her long-term disability benefits for her fibromyalgia, affirming a lower court's "detailed and diligent opinion" that found her condition limiting, but not disabling.
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June 12, 2025
Publisher Slams Lindberg's 'Inappropriate' Use Of Affidavit
A publisher seeking to collect on a $1.24 million judgment from a Florida holding company linked to convicted insurance fraudster Greg Lindberg pushed back Wednesday at Lindberg's bid to avoid the payout, telling a North Carolina appeals court that it's "inappropriate" of him to use a 2-year-old filing in a separate case to back his argument.
Expert Analysis
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Justices' Labcorp Questions Explore Class Cert. Tensions
At the recent oral argument before the U.S. Supreme Court in Laboratory Corporation of America Holdings v. Davis, the justices' questioning highlighted a fundamental tension between constitutional standing requirements, the procedural framework of Rule 23, and the practical challenges of managing large, diverse classes in complex litigation, say attorneys at Winston & Strawn.
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Immunity Waiver Ruling A Setback For Ch. 7 Trustees
While governmental units should welcome the U.S. Supreme Court's recent decision in U.S. v. Miller restricting the reach of the Bankruptcy Code's sovereign immunity waiver, Chapter 7 trustees now have a limited ability to maximize bankruptcy estates, says Dan Prieto at Jones Day.
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Wash. Justices' Moonlight Ruling Should Caution Employers
The Washington Supreme Court's recent decision in David v. Freedom Vans, which limited when employers can restrict low-wage workers from moonlighting, underscores the need for employers to narrowly tailor restrictive covenants, ensuring that they are reasonable and allow for workforce mobility, say attorneys at Perkins Coie.
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What To Watch For As High Court Mulls NRC's Powers
If successful, Texas’ challenges to the U.S. Nuclear Regulatory Commission’s authority — recently heard by the U.S. Supreme Court and currently pending before a Texas federal court — may have serious adverse consequences for aspiring NRC licensees, including potential nuclear power plant operators, say attorneys at Haynes Boone.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Calif. Smoke Claim Ruling Gives Insurers Support On Denials
Far from being an outlier among ash, soot and smoke coverage cases, a California appellate court's recent opinion in Gharibian v. Wawanesa General Insurance reinforces the principle that policyholders must establish entitlement to coverage as a threshold matter, while supporting denials of coverage for meritless claims, says Kyle Espinola at Zelle.
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Cos. Face Enviro Justice Tug-Of-War Between States, Feds
The second Trump administration's sweeping elimination of environmental justice policies, programs and funding, and targeting of state-level EJ initiatives, creates difficult questions for companies on how best to avoid friction with federal policy, navigate state compliance obligations and maintain important stakeholder relationships with communities, say attorneys at Arnold & Porter.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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5th Circ. Ruling Is Latest Signal Of Shaky Qui Tam Landscape
In his recent concurring opinion in U.S. v. Peripheral Vascular Associates, a Fifth Circuit judge joined a growing list of jurists suggesting that the False Claims Act's whistleblower provisions are unconstitutional, underscoring that acceptance of qui tam relators can no longer be taken for granted, say attorneys at Miller & Chevalier.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Tracking The Evolution Of Liability Management Exercises
As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.
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Navigating Florida's Bad Faith Reforms After Appellate Ruling
A Florida appellate court's recent decision is among the first to interpret two significant amendments to the state's insurance bad faith law, and its holding that one of the statutes could not apply retroactively may affect insurers' interpretation of the other statute, say attorneys at Cozen O'Connor.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.
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Series
Teaching College Students Makes Me A Better Lawyer
Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.
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A New Tool For Assessing Kickback Risks In Health Marketing
The Seventh Circuit's recent decision in U.S. v. Sorensen, reversing a conviction after trial of a durable medical equipment distributor, highlights two principle considerations for determining whether payments to marketers in healthcare are unlawful under the Anti-Kickback Statute, says Elisha Kobre at Sheppard Mullin.