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Appellate

  • June 26, 2025

    Seattle Jan. 6 Cops Again Ask Justices To Shield Identities

    Four current and former Seattle police officers who attended the Jan. 6, 2021, "Stop the Steal" insurrection have again asked the U.S. Supreme Court for an emergency stay to prevent the public release of their names after an initial denial from the high court, saying the justices have two days to act.  

  • June 26, 2025

    Calif. Judge Rejects CoStar, CREXi's Early Win Bids In IP Row

    A California federal judge has rejected cross partial summary judgment bids made by property listing rivals CoStar Group Inc. and Commercial Real Estate Exchange Inc. in CoStar's copyright infringement suit against CREXi, which is accused of stealing nearly 50,000 CoStar commercial real estate images.

  • June 26, 2025

    9th Circ. Rejects Amazon's Bid To Claw Back Antitrust Docs

    A Ninth Circuit panel has summarily refused to reverse a Washington federal court ruling that rejected Amazon's bid to claw back documents inadvertently produced in a trio of proposed antitrust class actions.

  • June 26, 2025

    Pa. Panel Says Fla. Law Applies In Fatal Plane Crash Suit

    A Pennsylvania appeals court has found that Florida strict liability law applies in a suit alleging a defective engine led to a plane crash that killed two people, saying the Sunshine State has more ties and a bigger interest in the case than Pennsylvania.

  • June 26, 2025

    Trump 2.0's First Group Of Judicial Noms Goes To Full Senate

    The first batch of judicial nominations from President Donald Trump's second term were sent to the Senate floor on Thursday, as they were voted out of committee along party lines.

  • June 26, 2025

    Fed. Circ. Pushed To Rethink Part Of Samsung Win In IP Row

    The owner of a patent on stylus detection technology wants the Federal Circuit to rethink part of a May panel decision handing Samsung a win in a challenge to the patent, saying the court should instead affirm part of a Patent Trial and Appeal Board in its favor.

  • June 26, 2025

    Court Allows NASCAR To Subpoena Nonparty Financial Docs

    A North Carolina federal judge will allow NASCAR to subpoena the financial records of 12 chartered racing teams to defend itself in a lawsuit that accuses the organization of antitrust violations, but left safeguards in place.

  • June 26, 2025

    4th Circ. Clears Cab Guard Seller In Trucker's Death Suit

    The Fourth Circuit won't revive a suit by the brother of a deceased truck driver alleging a cab guard intended to protect the truck's driver from its cargo failed, leading to his death, finding there is only speculative evidence that the defendant distributor ever had or sold the guard in question.

  • June 26, 2025

    Justices Expand Reach Of First Step Act In Resentencings

    The U.S. Supreme Court ruled Thursday that defendants can benefit from lighter sentences under the First Step Act if they were sentenced prior to the 2018 criminal justice reform law but later resentenced after their original sentences were tossed.

  • June 26, 2025

    Justices Say DHS Orders Final In Withholding-Removal Cases

    The U.S. Supreme Court held Thursday that the 30-day statutory deadline for challenging deportation orders in withholding of removal cases starts when the U.S. Department of Homeland Security issues a final administrative review order, not when Board of Immigration Appeals proceedings conclude.

  • June 26, 2025

    Justices Allow Texas Death Row Inmate's DNA Suit

    The U.S. Supreme Court on Thursday said a Texas death row inmate can sue state officials in federal court to try to obtain post-conviction DNA testing, a decision that could open the door to broader challenges to how Texas provides access to forensic evidence after conviction.

  • June 26, 2025

    Justices Say SC Medicaid Patient Can't Sue To Pick Provider

    The U.S. Supreme Court on Thursday ruled that a patient can't challenge South Carolina's decision to kick Planned Parenthood from the state Medicaid program because it includes abortions among its services.

  • June 25, 2025

    TCPA Litigants Brace For 'Seismic Shift' After Deference Blow

    The U.S. Supreme Court's backing of broad judicial review for the crush of regulatory orders interpreting the Telephone Consumer Protection Act is poised to turn the litigation landscape on its head, as key statutory determinations that have long been viewed as settled matters are suddenly ripe for scrutiny. 

  • June 25, 2025

    Ill. Appeals Court Won't Undo Biometric Privacy Class Cert.

    An Illinois state appeals court has refused to disturb a lower court's order certifying a class of employees suing over time clocks that scanned and used their biometric information, ruling that the common claim in the case presents a question that "is suitable for, if not demanding of, class-wide resolution."

  • June 25, 2025

    Fed. Circ. Keeps Qualcomm, Apple IP Suit In Texas

    The Federal Circuit rejected a petition from Qualcomm and Apple challenging U.S. District Judge Alan Albright's refusal to transfer patent litigation against the two tech giants from Texas to California, saying the companies hadn't met the "demanding standard" to show a "clear abuse" of discretion by the judge.

  • June 25, 2025

    4th Circ. Won't Revive Honduran's Bid To Cancel Removal

    The Fourth Circuit rejected a Honduran national's claim that the Executive Office of Immigration Review's unlawfully delayed granting his application for cancellation of removal, saying no binding policy requires the agency to act within a certain time frame. 

  • June 25, 2025

    Full Fed. Circ. Won't Review ITC Marketing Decision

    The full Federal Circuit on Wednesday rejected the U.S. International Trade Commission's call to reconsider a panel's holding that sales, marketing and similar expenditures can satisfy domestic industry requirements.

  • June 25, 2025

    11th Circ. Backs Conviction In Bank Reporting Evasion Case

    The Eleventh Circuit on Wednesday upheld the conviction of a man accused of trying to prevent regulators from learning about his large withdrawals from Wells Fargo accounts, rejecting his claims that prosecutors charged him with one offense but tried him for another.

  • June 25, 2025

    Ga. High Court Allows Reviews Of Non-Capital Murder Cases

    The Georgia Supreme Court has ruled that it will retain the authority to exclusively hear appeals of non-death penalty murder cases, bypassing a need for the lower Georgia State Court of Appeals to weigh in.

  • June 25, 2025

    Fed. Circ. Affirms Dismissal Of Navy Lab Contract Claims

    A company tapped to build a Naval Surface Warfare Center lab in Maryland failed to show that a contract appeals board erred when it dismissed two of the company's claims stemming from the $11 million project, a Federal Circuit panel ruled Wednesday.

  • June 25, 2025

    2nd Circ. Blocks Reed Smith Doc Turnover Order In Eletson Row

    The Second Circuit on Wednesday granted Reed Smith LLP's emergency motion to stay a Manhattan federal judge's order to turn over client files amid a conflict over the legitimate ownership of international shipping company Eletson, which is in a dispute with competitor Levona.

  • June 25, 2025

    10th Circ. Urged To Revive Post-Jarkesy FDIC Challenge

    A Kansas bank has urged the Tenth Circuit to revive its suit claiming the Federal Deposit Insurance Corp. violated the bank's right to a jury trial through an enforcement proceeding before an agency-appointed judge, arguing federal courts must be able to hear such constitutional claims.

  • June 25, 2025

    State Gets Second Chance Despite Delays, Pa. Court Rules

    A trial court erred in dismissing a criminal case against a man who was accused of illegally possessing firearms due to excessive delays, the Pennsylvania Superior Court said, finding that lapsed time was not entirely attributable to the commonwealth and should therefore not prevent prosecution.

  • June 25, 2025

    Fed. Circ. Backs HP Unit's Alice Win In California

    The Federal Circuit refused to revive a lawsuit accusing HP unit Polycom of infringing a multimedia communication patent, backing a California federal judge's finding that the patent wasn't valid to begin with.

  • June 25, 2025

    Fed. Circ. Won't Revive Inventor's Patent Suit Against Google

    The Federal Circuit on Wednesday denied a bid to revive a patent infringement case from a man who says Google's products use aspects of his threat-detection technology.

Expert Analysis

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • What's At Stake In High Court's Class Member Standing Case

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    The U.S. Supreme Court’s eventual decision in Labcorp v. Davis could significantly alter how parties prosecute and defend class actions in federal court, particularly if the court determines some proof of member standing is required before a class may be certified, say attorneys at Reed Smith.

  • What Remedies Under New Admin's SEC Could Look Like

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    The U.S. Securities and Exchange Commission is likely to substantially narrow the remedies it pursues over the next few years, driven by the mounting challenges it faces in court, as well as the views of its incoming chair and fellow Republican commissioners on injunctions, penalties and disgorgement, say attorneys at Milbank.

  • Patent Eligibility Insights From Fed. Circ.'s Drill Bit Ruling

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    The Federal Circuit's recent decision in US Synthetic Corp. v. ITC addresses critical issues in patent eligibility jurisprudence, especially regarding composition-of-matter claims and Section 101 challenges, says Daniel Yannuzzi at Sheppard Mullin.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

  • What SDNY Judge Can And Can't Do In Adams Case

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    The federal judge in the Southern District of New York overseeing the criminal case against New York City Mayor Eric Adams deferred making a decision on the government's motion to dismiss the indictment, and while he does have limited authority to deny the motion, that would ultimately be a futile gesture, says Ethan Greenberg at Anderson Kill.

  • Drug Kickback Ruling Will Make FCA Liability Harder To Prove

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    The First Circuit's ruling in U.S. v. Regeneron Pharmaceuticals, requiring the government to prove but-for causation to establish False Claims Act liability based on violations of the Anti-Kickback Statute, raises the bar for FCA enforcement and deepens a circuit split that the U.S. Supreme Court may need to resolve, say attorneys at Baker Donelson.

  • Notable Q4 Updates In Insurance Class Actions

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    In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.

  • Expropriation Claims After Justices' Holocaust Asset Ruling

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    The U.S. Supreme Court's recent decision in Hungary v. Simon, rejecting Holocaust survivors' claims against the Hungarian government under the Foreign Sovereign Immunities Act's expropriation exception, continues the trend of narrowly interpreting that exception and offers important guidance for future plaintiffs considering such claims, say attorneys at MoloLamken.

  • Series

    Racing Corvettes Makes Me A Better Lawyer

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    The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.

  • Questions Remain After Justices' Narrow E-Rate FCA Ruling

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    The U.S. Supreme Court’s recent decision in Wisconsin Bell, holding that requests for reimbursement from the Federal Communications Commission's E-Rate program are subject to False Claims Act liability, resolves one important question but leaves several others open, says Jason Neal at HWG.

  • Opinion

    Attorneys Must Act Now To Protect Judicial Independence

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    Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.

  • Colo. Anti-SLAPP Cases Highlight Dismiss Standard Disparity

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    A pair of recent decisions from the Colorado Court of Appeals highlights two disparate standards for courts evaluating anti-SLAPP motions: one that requires a court to accept the plaintiff's evidence as true and another that allows the court to assess its merits, says Jacob Hollars at Spencer Fane.

  • Appealing An Interlocutory Order On Insurer Duty To Defend

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    A recent First Circuit decision on a motion regarding an insurer's duty to defend underlying litigation highlights how policyholders may be able to pursue immediate appeals of interlocutory orders, especially in light of other circuit courts' stances on this issue, say attorneys at Anderson Kill.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

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