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Appellate

  • May 27, 2025

    DC Circ. Backs FERC In NY Grid Upgrade Cost Fight

    The D.C. Circuit on Tuesday upheld the Federal Energy Regulatory Commission's refusal to allow New York utilities to earn investment returns from grid upgrades, saying the agency reasonably concluded that shifting from the current nonprofit approach was unwarranted.

  • May 27, 2025

    6th Circ. Urged To Revive FedEx, Kellogg Pension Suits

    FedEx and Kellogg retirees urged the Sixth Circuit to revive two proposed class actions alleging their ex-employers' use of outdated actuarial assumptions shortchanged the value of their pension annuity benefits, arguing that definitions of the term "actuarial equivalent" from the time federal benefits law was enacted supported their appeals.

  • May 27, 2025

    Split 5th Circ. Tosses NLRB's 12-Year-Old Back Pay Order

    A split Fifth Circuit panel has denied the National Labor Relations Board's request to enforce a 2013 back pay order against a Louisiana plumbing company, with the majority saying it's unfair to make a mom-and-pop shop that's recovering from two floods pay out roughly $100,000 over a decade-old matter.

  • May 27, 2025

    Philly Atty Suspended 3 Years For Sexual Conduct With Client

    Philadelphia personal injury lawyer Brian Dooley Kent has been suspended from the practice of law for three years for engaging in sexual conduct with a client he represented while investigating claims against the Church of Scientology.

  • May 27, 2025

    Justices Will Consider Judges' Limits Under First Step Act

    The U.S. Supreme Court on Tuesday agreed to hear arguments in a case that could determine how much discretion trial judges have when considering whether to reduce defendants' sentences under the First Step Act.

  • May 27, 2025

    Tesla Asks Delaware Justices To Slash $176M Class Atty Fee

    Attorneys for Tesla Inc. have told Delaware's Supreme Court that counsel for stockholders who secured a disputed $735 million in savings from director cash and options rollbacks deserve less than the $176.2 million fee awarded the team.

  • May 27, 2025

    Fla. Justices Urged To Stop Agency's Prosecution 'Overreach'

    A man accused of election fraud has filed his opening brief with the Florida Supreme Court over claims that the Florida Office of Statewide Prosecution doesn't have the authority to pursue the charges against him, calling the organization a "creature of limited jurisdiction."

  • May 27, 2025

    Winston & Strawn Adds McDermott Supreme Court Co-Head

    Winston & Strawn LLP has hired the former co-leader of McDermott Will & Emery LLP's U.S. Supreme Court and appellate practice, who has represented a range of clients before appellate courts throughout the country for more than 15 years, the firm announced Tuesday.

  • May 27, 2025

    NC Justices Say Insured's Failure To Read Doesn't Bar Claim

    North Carolina's highest court found a homeowner isn't barred from suing an insurance agency for negligence over false answers on a property insurance application even though he never read the document, saying context bears on his culpability.

  • May 27, 2025

    Fla. Biz Owner Missed Tax Appeal Deadline, 11th Circ. Told

    The owner of a Florida marketing business who failed to report millions of dollars in income to the Internal Revenue Service missed the deadline to appeal U.S. Tax Court rulings sustaining the related taxes, the U.S. government told the Eleventh Circuit.

  • May 27, 2025

    High Court Passes On Axed $563M BMO Harris Ponzi Verdict

    The U.S. Supreme Court on Tuesday declined to review the Eighth Circuit's decision to strike down a $563 million jury verdict against BMO Harris NA over claims that a bank it acquired had aided and abetted Thomas J. Petters' multibillion-dollar Ponzi scheme.

  • May 27, 2025

    Justices Deny Food Wrapping Co.'s Prior Art Petition

    The owner of invalidated food wrapping patents failed to persuade the U.S. Supreme Court on Tuesday to review its allegations that the Federal Circuit wrongly presumes prior art is always enabled.

  • May 27, 2025

    Justices Skip Law Firm's TM Appeal Over Rival's Google Ads

    The U.S. Supreme Court on Tuesday denied an appeal from personal injury law firm Lerner & Rowe PC to review a Ninth Circuit decision that a rival did not infringe its trademarks by using the firm's name in keyword advertising with Google.

  • May 27, 2025

    High Court Won't Hear Apache's Bid To Undo Mining Decision

    The U.S. Supreme Court will not take up a challenge by an Apache nonprofit that seeks to undo the federal government's transfer of nearly 2,500 acres of land to an Arizona copper mining company, a decision that could ultimately decide the fate of a centuries-old Indigenous worship site.

  • May 23, 2025

    Law360 Reveals Titans Of The Plaintiffs Bar

    This past year, a handful of attorneys secured billions of dollars in settlements and judgments for both classes and individual plaintiffs against massive companies and organizations like Facebook, Dell, the National Association of Realtors, Johnson & Johnson, UFC and Credit Suisse, earning them recognition as Law360's Titans of the Plaintiffs Bar for 2025.

  • May 23, 2025

    9th Circ. Mulls 'Two John Smiths' In Classmates.com Class

    Ninth Circuit judges Friday scrutinized a vast class of Californians whose identities were allegedly misappropriated by yearbooks platform Classmates.com, discussing ways to distinguish people with the same names and the case's implications for internet search giants — as well as how one judge's class of '62 yearbook might be a small part of the litigation.

  • May 23, 2025

    USPTO Asks Fed. Circ. To Deny Both VLSI, OpenSky In IP Row

    The acting director of the U.S. Patent and Trademark Office on Friday stepped into a patent review dispute between VLSI Technology and OpenSky Industries at the Federal Circuit following a $2.18 billion jury verdict against Intel Corp., urging the appellate court to reject both sides' arguments.

  • May 23, 2025

    5th Circ. Sides With Texas Library In Book Ban Redo

    The Fifth Circuit gave a green light for a Texas public library to toss several books that deal with topics such as sexuality and racism, labeling the arguments challenging the library's decision to remove the challenged literature as "over-caffeinated" in a Friday en banc opinion.

  • May 23, 2025

    Group Asks 5th Circ. To Clarify Freight Broker Negligence

    Truck safety advocates asked the Fifth Circuit on Friday to preserve state-law personal-injury claims against freight brokers, weighing in on a dispute that alleges Penske Logistics LLC is liable for negligently hiring an unsafe motor carrier that caused a fatal 2018 accident in Texas.

  • May 23, 2025

    Mid-Deliberation Juror Swap Constitutional, NC Justices Rule

    The North Carolina Supreme Court on Friday reinstated a murder conviction after finding that the substitution of an alternate juror in the middle of deliberations was acceptable under state law.

  • May 23, 2025

    Fed. Circ. Lifts Stay Against MSN In Entresto Appeal

    The Federal Circuit won't make a Delaware federal judge hold off on entering a judgment that would stop MSN Pharmaceuticals from having its generic version of Novartis' blockbuster cardiovascular drug Entresto approved, saying Friday that MSN hasn't pled its case convincingly.

  • May 23, 2025

    Texas Nonprofits Can Be Sued For Doc Med Mal, Justices Rule

    The Texas Supreme Court ruled Friday that nonprofit health organizations can be sued for the alleged medical malpractice of one of their physician employees, in a dispute over an allegedly botched brain surgery.

  • May 23, 2025

    NC Judge Censured For Drunken Driving With His Child In Car

    The North Carolina Supreme Court on Friday censured a state judge after he was found guilty of drunken driving with his minor daughter in the vehicle, calling the discipline the "minimum acceptable consequence" for the judge's wrongdoing.

  • May 23, 2025

    2nd Circ. Rejects Novel Short-Swing Trading Theory

    Controlling shareholders who sell stock at a time when their company is conducting a share repurchase program cannot be sued to recoup so-called short-swing profits, the Second Circuit said in rejecting a novel legal theory Friday.

  • May 23, 2025

    10th Circ. To Weigh Tribal Sovereignty In Casino Land Dispute

    Officials for the Fort Sill Apache Tribe have asked the Tenth Circuit to reverse a lower court's partial denial of their bid to dismiss the Comanche Nation's lawsuit seeking to shut down an FSA casino that the Nation claims is on its historical reservation.

Expert Analysis

  • 7 Employment Contracts Issues Facing DOL Scrutiny

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    A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.

  • Ruling Shows High Court Willing To Limit Immigration Review

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    The U.S. Supreme Court's recent decision in Bouarfa v. Mayorkas is the latest demonstration of the court’s readiness to limit judicial review in the immigration space, a notable break from other recent decisions that expanded judicial review of agency decisions in other areas, says Mark Fleming at WilmerHale.

  • 5 Litigation Funding Trends To Note In 2025

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    Lawyers and their clients must be prepared to navigate an evolving litigation funding market in 2025, made more complicated by a new administration and the increasing overall cost of litigation, says Jeffery Lula at GLS Capital.

  • Managing Litigation Side-Switching During 2nd Trump Admin

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    Now that the new presidential administration is in place, the government will likely switch positions in a number of pending cases, and stakeholders should employ strategies to protect their interests, say attorneys at Covington.

  • High Court Unlikely To Expand FSIA In Holocaust Asset Fight

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    Not surprisingly for a court where the majority are strict textualists, the U.S. Supreme Court justices appear poised to rule in favor of Hungary in Republic of Hungary v. Simon, reaffirming the Foreign Sovereign Immunities Act as a narrow exception to jurisdiction, say attorneys at Lewis Baach.

  • The Fed. Circ. In 2024: 5 Major Rulings To Know

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    In 2024, the Federal Circuit provided a number of important clarifications to distinct areas of patent law – including design patent obviousness, expert testimony admissions and patent term adjustments – all of which are poised to have an influence going forward, say attorneys at Knobbe Martens.

  • Rethinking Litigation Risk And What It Really Means To Win

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    Attorneys have a tendency to overestimate litigation risk before summary judgment and underestimate risk after it, but an eight-stage litigation framework can clarify risk at different points and help litigators reassess what true success looks like in any particular case, says Joshua Libling at Arcadia Finance.

  • Mass Arbitration Procedures After Faulty Live Nation Ruling

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    Despite the Ninth Circuit's flawed reasoning in Heckman v. Live Nation, the exceptional allegations of collusive conduct shouldn't be read to restrict arbitration providers that have adopted good faith procedures to ensure that consumer mass arbitrations can be efficiently resolved on the merits, says Collin Vierra at Eimer Stahl.

  • Lessons From Two New Year's Eve Uptier Exchange Decisions

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    On the last day of 2024, two different courts issued important decisions relating to non-pro rata uptier exchanges — and while they differ, both rulings highlight that transactions effected in reliance on undefined terms in debt agreements come with increased risk, say attorneys at Simpson Thacher.

  • Public Corruption Enforcement In 2024 Has Clues For 2025

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    If 2024 activity is any indication, the U.S. Supreme Court will likely continue to rein in expansive prosecutorial theories of fraud in the year to come, but it’s harder to predict what the new administration will mean for public corruption prosecutions in 2025, says Cathy Fleming at Offit Kurman.

  • Issues To Watch In 2025's ERISA Litigation Landscape

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    Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.

  • Patent Ruling Sheds Light On Printed Matter Doctrine

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    Patent attorneys should pay attention to the claim language highlighted in Ioengine v. Ingenico, where the Federal Circuit held that program code was not printed matter, but essentially instructions or content, and therefore not subject to the printed matter doctrine for patent challenges, says Irah Donner at Manatt.

  • Calif. Justices' Options In Insurance Exhaustion Case

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    Fox Paine v. Twin City Fire Insurance may serve as the California Supreme Court's opportunity to firmly establish precedent with respect to a strict adherence to excess insurance policies' exhaustion provisions when the language is clear and explicit, says Aiden Spencer at Langsam Stevens.

  • Justices Could Stitch Up ERISA Circuit Split With Cornell Case

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    In Cunningham v. Cornell, scheduled for oral arguments next week, the U.S. Supreme Court has the opportunity to provide uniform pleading standards for Section 1106(a) of the Employee Retirement Income Security Act, the lack of which has vexed circuit courts and benefits counsel for years, says Scott Tippett at Offit Kurman.

  • Considering The Status Of The US Doctrine Of Patent Misuse

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    A recent Ninth Circuit decision and a U.K. Court of Appeal decision demonstrate the impact that the U.S. Supreme Court's 2015 decision in Kimble v. Marvel Entertainment has had on the principle that post-patent-expiration royalty payments amount to patent misuse, not only in the U.S. but in English courts as well, say attorneys at Covington.

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