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Appellate

  • May 16, 2025

    Justices Keep Pause On Some Venezuelan Removals

    The U.S. Supreme Court on Friday reasserted that the Trump administration cannot remove from the country alleged Venezuelan gang members who are currently detained in northern Texas under the Alien Enemies Act while they challenge the president's invocation of the 1798 wartime law.

  • May 16, 2025

    Mich. Farm Gets Only Partial Exemption, Court Says

    A Michigan property that has farmland, an apple orchard and an area used for tourism activities is eligible for only a partial agricultural exemption, the state appeals court ruled.

  • May 16, 2025

    DC Circ. Says Vt. Didn't Waive Hydro Dam Review Authority

    The D.C. Circuit on Friday nixed a Vermont village's lawsuit claiming the state waived its role in the federal relicensing of the village's hydroelectric project, saying it was the village's own actions that caused the state to miss a statutory deadline to act.

  • May 16, 2025

    5th Circ. Reverses Intervention Denial For Border Wall Cos.

    A Texas federal judge erred when he refused to let several government contractors and the Sierra Club intervene in a lawsuit that blocked the use of border wall funding for anything other than new barrier construction, the Fifth Circuit ruled Thursday.

  • May 16, 2025

    1st Circ. Rejects Appeals By Trio Of 'Varsity Blues' Parents

    The First Circuit has upheld the guilty pleas of three parents in the "Varsity Blues" college admissions scheme, finding that a past ruling in the long-running case undercut their bids to unwind the convictions.

  • May 16, 2025

    Patent Owner Urges Justices To Take Telemedicine Case

    The owner of a pair of invalidated patents covering medical machinery pushed the U.S. Supreme Court to take up its fight over the patents' eligibility since the government said it planned to argue the patents shouldn't have been invalidated as abstract if the company's petition was granted.

  • May 16, 2025

    Milbank Lands Ex-Assistant To Solicitor General In DC

    Milbank LLP has hired Colleen Roh Sinzdak, a former assistant to the U.S. solicitor general, as a partner in the firm's Washington, D.C., office.

  • May 16, 2025

    Judge Blocks Energy Department's Cap On Research Costs

    A Boston federal judge blocked a U.S. Department of Energy policy capping research costs, saying the suit was "far from identical" to another case in which the U.S. Supreme Court rejected a challenge to education grant cuts.

  • May 16, 2025

    DC Circ. Orders Closer Look At FTC's $5B Meta Privacy Deal

    A D.C. Circuit panel ordered a lower court on Friday to take another look at the Federal Trade Commission's bid to modify a $5 billion privacy deal with Meta after the court found it lacked jurisdiction to review the changes the first time around.

  • May 15, 2025

    Each Justice's Key Comments At Universal Injunction Args

    U.S. Supreme Court justices conducted a searching inquiry Thursday regarding the Trump administration's quest to curtail sweeping injunctions against its agenda, sometimes sounding sympathetic but also wary of alternative remedies and the White House's willingness to accept any future courtroom losses.

  • May 15, 2025

    Judge Rescinds Refugee Order In Trump Shutdown Challenge

    A Washington federal judge on Thursday walked back an order instructing the Trump administration to admit thousands of refugees, saying the Ninth Circuit has further clarified its ruling allowing the federal government to largely proceed with the president's suspension of the refugee program pending a legal challenge.

  • May 15, 2025

    7th Circ. Weighs AbbVie Whistleblower's Drug Marketing Suit

    A Seventh Circuit judge questioned whether a former AbbVie employee has plausibly alleged whistleblower retaliation in a false claims case and whether the drugmaker was holding his complaint to too high a standard Thursday as he explored whether a lower court's dismissal ruling should stand.

  • May 15, 2025

    DC Circ. Questions Exchanges' Challenge To SEC Fee Caps

    A D.C. Circuit panel expressed skepticism on Thursday of stock exchanges' arguments that the U.S. Securities and Exchange Commission exceeded its authority when it approved across-the-board caps on exchange fees tied to new rules aimed at reducing trading costs.

  • May 15, 2025

    11th Circ. Urged Not To Rush Appeal Of Fla. Migrant Law Block

    Immigration organizations have told the Eleventh Circuit there is no need to expedite Florida's appeal of an injunction blocking a state law criminalizing the entry of unauthorized immigrants because the state has produced no practical reason to speed up the appeal.

  • May 15, 2025

    4th Circ. Says DEA Worker's Own Behavior Dooms Bias Suit

    The Fourth Circuit on Thursday backed the dismissal of a white Drug Enforcement Administration supervisor's suit claiming that her Black bosses discriminated and retaliated against her for complaining that they showed favoritism toward Black workers, saying her own poor leadership was to blame for her reassignment and suspension.

  • May 15, 2025

    Braves Player's 'Missile' Cancels Out 'Baseball Rule,' Panel Told

    A Georgia woman who took a baseball to the face during the Atlanta Braves' 2021 World Series run urged a state appellate panel Thursday to revive her personal injury suit against the team, arguing the Peach State's so-called baseball rule of liability shouldn't have ended her suit.

  • May 15, 2025

    'Our Father' Fertility Doc Must Face Bio Daughter's Suit

    An Indiana appellate panel on Thursday revived a suit accusing the rogue fertility doctor featured in the "Our Father" Netflix documentary of causing his biological daughter's emotional distress, saying a dispute over whether the suit was filed too late is for a jury to decide.

  • May 15, 2025

    Nepalese Man's CAT Protection Denied by Appeals Board

    The Board of Immigration Appeals affirmed an immigration judge's denial of a Nepalese man's request for protection under the Convention Against Torture, agreeing he did not show that public officials there were likely to acquiesce to his torture.

  • May 15, 2025

    7th Circ. Doubts Officers' Vaccine Reporting Exemption Claim

    A Seventh Circuit panel seemed skeptical Thursday that a group of COVID-19 vaccine-exempt police officers in Chicago should be allowed to pursue religious discrimination claims targeting the suspensions and other adverse actions they faced for not reporting their vaccination status in the city's data portal. 

  • May 15, 2025

    Justices Wary Of Pausing Sweeping Injunctions In Birthright Case

    A majority of the U.S. Supreme Court seemed eager Thursday to limit lower courts' use of universal injunctions generally, but several justices voiced concerns about the effect such a ruling would have on lawsuits challenging the constitutionality of President Donald Trump's executive order that aims to limit birthright citizenship.

  • May 15, 2025

    8th Circ. Finds No Error In Fentanyl Dealing Conviction

    The Eighth Circuit has refused to grant a new trial to a North Dakota man sentenced to over 15 years in prison for selling fentanyl with his father, finding a lower court was justified in keeping his father from testifying at trial.

  • May 15, 2025

    9th Circ. Doubts Anti-Trans Orgs Can Nix Youth Runaway Law

    Ninth Circuit judges questioned Thursday if anti-transgender groups and parents had standing to challenge a Washington state law intended to ensure shelter for runaway teens seeking gender-affirming care, with one judge asking "where are the parents" who have been adversely affected.

  • May 15, 2025

    9th Circ. Questions University's Limits On Professor's Speech

    Two Ninth Circuit judges cast doubt on the University of Washington's defense in a First Amendment lawsuit on Thursday, questioning why the college would remove a professor's parody of a Native American land acknowledgment from his class syllabus while permitting him to broadcast the same opinions elsewhere in the academic setting.

  • May 15, 2025

    Colo. Justices To Weigh Self-Defense In At-Will Firings

    The Colorado Supreme Court will consider if the state's at-will employment doctrine has an exception allowing people to challenge their termination for actions taken in self-defense, in the case of a Circle K store clerk who was fired after a confrontation with a robber.

  • May 15, 2025

    Full 9th Circ. Affirms BNSF Railway's Win In Retaliation Suit

    The full Ninth Circuit upheld a win for BNSF Railway on Thursday in a now-deceased conductor's lawsuit alleging he was fired in retaliation for testing train cars' brakes, finding the railroad had met the high bar required for lawful firing under whistleblower protection law. 

Expert Analysis

  • The Compliance Trends And Imperatives On Tap In 2025

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    The corporate ethics and compliance landscape is rapidly evolving, posing challenges from conflicting stakeholder expectations to technological disruptions, and businesses will need to explore human-centered, data-driven and evidence-based practices, says Hui Chen at CDE Advisors.

  • Opinion

    Congress Should Finally Add Clarity To Section 101

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    With both the U.S. House of Representatives and Senate introducing bills to provide guidance on what qualifies as patentable subject matter under the Patent Act, Congress will hopefully put an end at last to 10 years of uncertainty surrounding the question, says David Carstens at Carstens Allen.

  • 5 Advertising Law Trends To Watch In 2025

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    Although advertisers are encouraged by the incoming Trump administration's focus on deregulation, this year could feel like wading through uncharted waters, and decreased federal government regulation may mean increased state regulation, say attorneys at Reed Smith.

  • 5 E-Discovery Predictions For 2025 And Beyond

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    In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.

  • NY Plastic Pollution Verdict May Not Bode Well For Other Suits

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    The dismissal of New York state's public nuisance complaint against PepsiCo over pollution of the Buffalo River with the company's single use plastic bottles may not augur well for similar lawsuits filed by Baltimore and Los Angeles County, although tort law varies from state to state, say attorneys at Winston & Strawn.

  • What To Expect From Federal Cybersecurity Policy In 2025

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    There are 12 cyber policy questions to keep an eye on as the new administration and Republican control of Congress present an opportunity to advance less regulatory approaches and revisit some choices from the prior administration, say attorneys at Wiley.

  • Bid Protest Spotlight: Certification, Lateness, SBA Eligibility

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    In this month's bid protest roundup, Cody Fisher at MoFo examines three recent decisions from the U.S. Court of Appeals for the Federal Circuit and the U.S. Government Accountability Office that address the treatment of a proposal that was timely submitted but received late, and highlight nuances of certification and small business eligibility requirements.

  • How Decline Of Deference Will Affect Trump Policymaking

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    An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.

  • Series

    Ohio Banking Brief: All The Notable Legal Updates In Q4

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    Ohio's banking and financial services sector saw several significant developments in the fourth quarter of 2024, including a landmark Uniform Commercial Code ruling, adjustments to the state's Homebuyer Plus Program and the launch of the state's first women-led bank, says attorney Alex Durst.

  • 6 Predictions For Cyber Risk And Insurance In 2025

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    This year is likely to bring with it some thorny and expensive cyber challenges, including increased ransomware activity, more data breach class actions and continued efforts to define business interruption loss calculations, say attorneys at Wiley.

  • 7 Ways 2nd Trump Administration May Affect Partner Hiring

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    President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.

  • Opinion

    Courts Must Curb The Drug Price Negotiation Program

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    The Inflation Reduction Act's drug price negotiation program upends incentive structures that drive medical innovation, and courts must act appropriately to avoid devastating consequences for American healthcare and the pharmaceutical industry, says Jeff Stier at the Consumer Choice Center.

  • E-Discovery Quarterly: Rulings On Custodian Selection

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    Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.

  • Opinion

    Section 230 Debates Will Continue, With Or Without TikTok

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    Regardless of whether TikTok is forced to shut down in the U.S. in the coming weeks, legal disputes will continue over social media platforms' responsibility under Section 230 of the Communications Decency Act for harms allegedly caused by content shared on their apps, says Carla Varriale-Barker at Segal McCambridge.

  • Surprise NC COVID Ruling Revises Reasonable Expectations

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    The North Carolina Supreme Court's recent finding in favor of policyholders in a suit for business interruption coverage due to COVID-19 shutdown orders runs contrary to most other state and federal courts' holdings on the issue, and may revitalize the reasonable expectations doctrine in the state, say attorneys at Goldberg Segalla.

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