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Appellate

  • 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.

  • 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.

  • 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.

  • 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.

  • June 12, 2025

    Arbitration Order Reversed In Fla. Medical Office Battery Case

    A Florida state appellate court reversed an order for a doctor's lawsuit alleging she was battered by a fellow shareholder of their medical practice to be resolved out of court, allowing the case to be tried before a jury.

  • June 12, 2025

    Mitek's Bid To Be Cleared On USAA Patents Fails At Fed. Circ.

    The Federal Circuit on Thursday barred banking software company Mitek Systems from seeking a declaration that it doesn't infringe United Services Automobile Association's mobile check-deposit patents, saying Mitek has not shown that it is likely to be sued.

  • June 12, 2025

    6th Circ. Skeptical Of Auto Co.'s NLRB Constitutionality Suit

    A Sixth Circuit panel appeared unlikely Thursday to back an auto parts manufacturer's request to block a National Labor Relations Board prosecution because of alleged constitutional defects in the agency's structure, as the judges probed whether an agency judge's decision against the company and the board's lack of a quorum affect the dispute.

  • June 12, 2025

    8th Circ. Upholds Block On Minn. Generic-Drug Price Law

    The Eighth Circuit on Thursday backed a lower court's preliminary injunction blocking a Minnesota law that prohibits pharmaceutical manufacturers from imposing an "excessive" price increase on generic or biosimilar drugs, agreeing that the law is likely unconstitutional in regulating prices charged nationwide.

  • June 12, 2025

    Live Nation Defending 'Unfair' Arbitration, Justices Told

    Concertgoers suing Live Nation over allegedly anticompetitive conduct urged the U.S. Supreme Court on Thursday not to take up the company's bid to force them into arbitration, arguing that lower courts rightly dinged a switch to a new arbitrator with strict rules meant to limit mass arbitration tactics by the plaintiffs' bar.

  • June 12, 2025

    'Forum Shopping' Center Stage At 6th Circ. Drug Pricing Args

    As part of an expansive effort to tee up U.S. Supreme Court review, pharmaceutical industry-backed opponents of Medicare's drug price negotiations entered less-than-hospitable territory at the Sixth Circuit, where judges pointedly questioned a local business group's basis for challenging a national healthcare program.

  • June 12, 2025

    PNC Gets Fed. Circ. To Undo Its $223M Patent Loss To USAA

    The Federal Circuit on Thursday wiped out two jury verdicts totaling nearly $223 million that United Services Automobile Association won against PNC Bank on mobile check deposit patents, finding the patents cover only abstract ideas.

  • June 12, 2025

    USPTO Tells Fed. Circ. Not To Review Ruling In Xencor Case

    The U.S. Patent and Trademark Office has found that the full Federal Circuit doesn't need to review a decision rejecting Xencor Inc.'s application for an antibody patent, saying that a panel of the appellate court applied the right standard.

  • June 12, 2025

    Wash. Justice Doubts Both Sides In Election Law Fight

    A Washington Supreme Court justice said Thursday he believed a political action committee and county auditor are both wrong about the disputed meaning of a state law governing city charter amendment elections, as he and his colleagues flagged discrepancies in the parties' arguments.

  • June 12, 2025

    6th Circ. Probes County's Push To Upend Worker's ADA Win

    The Sixth Circuit had tough questions Thursday for a Tennessee county trying to upend a jury win for a worker with night blindness who said her firing violated disability bias law, with one judge saying the county relied on a decision issued before the law's definition of disability was expanded.

  • June 12, 2025

    3rd Circ. Will Reconsider Shipbuilder's Ch. 11 Reopening Bid

    The Third Circuit said Thursday that it will reconsider whether to reopen Congoleum Corp.'s 2003 Chapter 11 bankruptcy so the bankruptcy court, not a district court, can say whether Congoleum affiliate Bath Iron Works should share liability for cleaning up a polluted New Jersey river.

  • June 12, 2025

    10th Circ. Says Timer Still Ticking In Sycamore Bakery TM Suit

    The Tenth Circuit on Thursday backed a lower court decision shooting down a bid to terminate an order requiring the patriarch of a bakery business to hand over his portion of an LLC as part of a long-running feud with EarthGrains Baking Cos. Inc.

  • June 12, 2025

    NH High Court Upholds Towns Keeping Excess Tax Revenue

    The right of New Hampshire communities to retain excess statewide education property taxes for other purposes doesn't violate the state constitution's uniformity clause, the state Supreme Court ruled, partially reversing a trial court.

  • June 12, 2025

    8th Circ. Stubs Out Challenge To FDA Menthol Vape Denial

    The Eighth Circuit on Thursday threw out a challenge from SWT Global Supply Inc. to the U.S. Food and Drug Administration's denial of its application to market menthol-flavored e-cigarettes, saying the agency didn't arbitrarily or capriciously find that the company's sales plan failed to meet its standards for promoting public health.

  • June 12, 2025

    Construction Co. Beats Gas Pipeline Explosion Injury Suit

    A Texas appeals court said Wednesday that a construction company could escape a negligence suit from a worker injured in a 2018 pipeline explosion, ruling that the man hadn't shown his injuries were a foreseeable result of construction activities.

  • June 12, 2025

    9th Circ. Says Brazilian Didn't Get Fair Shake In Asylum Request

    The Ninth Circuit has revived a Brazilian woman's asylum claim, saying neither the Board of Immigration Appeals nor an immigration judge appropriately considered how the danger she faced in her home country stopped her from practicing her religion freely.

  • June 12, 2025

    Athletes Revive Title IX Objections In NIL Settlement Appeal

    Eight female former and current college athletes who previously objected to the Title IX implications of the $2.78 billion settlement between the NCAA and a class of former athletes seeking past name, image and likeness pay have appealed the final approval of the settlement, granted just last Friday, to the Ninth Circuit.

  • June 12, 2025

    Deal Ends Freedom Mortgage's Appeal Of $23M Verdict

    Freedom Mortgage and a Virginia mortgage subservicer have reached a deal to resolve the mortgage company's appeal of a $23 million verdict over a subservicing agreement gone wrong, according to a Thursday filing in the Third Circuit.

  • June 12, 2025

    Fla. Court Nixes Roundup Cancer Suit's Punitive Damages Bid

    A Florida state appeals court has refused to let a plaintiff pursue punitive damages against Monsanto Co. in his suit alleging that glyphosate in the company's Roundup weedkiller caused his non-Hodgkin's lymphoma, finding he didn't present sufficient evidence to support the damages.

  • June 12, 2025

    Detroit Can't Block Sidewalk Hazard Suit, Mich. Justices Say

    Detroit cannot claim immunity in a lawsuit over a man's injuries from tripping on a metal post embedded in a sidewalk, the Michigan Supreme Court said Wednesday, ruling that the protrusion constitutes a dangerous defect under state law.

  • June 12, 2025

    Reed Smith Pushes For 2nd Circ. Stay In $102M Award Fight

    Still seeking to represent prebankruptcy owners of international shipping company Eletson Holdings Inc., Reed Smith LLP has asked the Second Circuit to stay a bankruptcy proceeding and a district court action, arguing the reorganized Eletson, now allegedly under common control with a former adversary, has launched a "calculated effort" to seize the company's privileged client information.

Expert Analysis

  • Justices' Ruling Lowers Bar For Reverse Discrimination Suits

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    The U.S. Supreme Court's unanimous opinion in Ames v. Ohio Department of Youth Services, lowering the evidentiary burden for plaintiffs bringing so-called reverse discrimination claims, may lead to more claims brought by majority group employees — and open the door to legal challenges to employer diversity, equity and inclusion initiatives, say attorneys at Ice Miller.

  • Fed's Crypto Guidance Yank Could Drive Innovation

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    The Federal Reserve Board's recent withdrawal of guidance letters brings regulatory consistency and broadens banks' ability to innovate in the crypto-asset space, but key distinctions remain between the Fed's policy on crypto liquidity and that of the other banking regulators, says Dan Hartman at Nutter.

  • Attacks On Judicial Independence Tend To Manifest In 3 Ways

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    Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.

  • Statistics Tools Chart A Path For AI Use In Expert Testimony

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    To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.

  • High Court Birthright Case Could Reshape Judicial Power

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    Recent arguments before the U.S. Supreme Court in cases challenging President Donald Trump’s birthright citizenship executive order primarily focused on federal judges’ power to issue nationwide injunctions and suggest that the upcoming decision may fundamentally change how federal courts operate, says Mauni Jalali at Quinn Emanuel.

  • Ore. High Court Ruling Widens Construction Defect Coverage

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    A recent Oregon Supreme Court decision, Twigg v. Admiral Insurance, dispels the myth that a contractor's liability for defective work is uninsurable if pursued as a breach of contract, say attorneys at Stoel Rives.

  • Justices Hand Agencies Broad Discretion In NEPA Review

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    By limiting the required scope of reviews under the National Environmental Policy Act, the U.S. Supreme Court's recent ruling in Seven County Infrastructure Coalition v. Eagle County could weaken the review process under NEPA, while also raising questions regarding the degree of deference afforded to agencies, say attorneys at Foley Hoag.

  • Series

    Law School's Missed Lessons: Appreciating Civil Procedure

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    If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.

  • Appellate Guidance Needed On California Chatbot Litigation

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    There is wide variation in how courts are applying the California Invasion of Privacy Act against website owners that allegedly help third parties spy on visitors via chatbots — and the lack of appellate rulings creates uncertainty, especially as these cases move toward the summary judgment stage, say attorneys at Crowell & Moring.

  • Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use

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    The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.

  • The Sentencing Guidelines Are Commencing A New Era

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    Sweeping new amendments to the U.S. sentencing guidelines — including the elimination of departure provisions — intended to promote transparency and individualized justice while still guarding against unwarranted disparities will have profound consequences for all stakeholders, say attorneys at Blank Rome.

  • Justices Widen Gap Between Federal, Calif. Enviro Reviews

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    While the U.S. Supreme Court's recent opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado, narrowed the scope of National Environmental Policy Act reviews, it may have broadened the gulf between reviews conducted under NEPA and those under the California Environmental Quality Act, say attorneys at Hanson Bridgett.

  • In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

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    The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.

  • Foreign Sovereign Entities Should Heed 9th Circ. IP Ruling

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    After the Ninth Circuit recently held that four Chinese state-controlled companies were not immune from criminal indictment for alleged economic espionage, foreign sovereign-controlled entities should assess whether their operations and affiliation with their parent states qualify for sovereign immunity under the common law, say attorneys at Cleary.

  • How Attorneys Can Become Change Agents For Racial Equity

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    As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.

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