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Appellate
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July 17, 2025
7th Circ. Gives Man Second Shot To Argue Search Was Illegal
A man who pled guilty to drug and weapons charges when an Illinois federal court refused to suppress evidence against him must get another shot at arguing that officers found the contraband during an illegal search, the Seventh Circuit ruled Thursday.
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July 17, 2025
11th Circ. Says Ex-Quest Diagnostics Worker's FCA Suit Fails
The Eleventh Circuit declined to revive a former Quest Diagnostics Inc. compliance officer's False Claims Act suit against the lab testing company, ruling she had failed to allege a specific claim of medical billing fraud after some 15 years of litigation.
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July 17, 2025
Fed. Circ. Scraps $21M IP Win For 'Comfy' Sweatshirt Maker
The Federal Circuit on Thursday overturned a more than $21 million judgment against Top Brand LLC for infringing Cozy Comfort Co.'s design patent and trademarks on its "The Comfy" sweatshirt featured on "Shark Tank," saying no reasonable jury could have found infringement.
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July 17, 2025
Uber Asks Ga. Justices To Reverse Sales Tax Ruling
Georgia's highest court should review and reverse an appellate panel's decision that Uber was required to collect and remit millions in sales taxes on behalf of drivers and customers who used its app before the Wayfair decision, the ride-hailing company told the state's justices.
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July 17, 2025
Russia Claims Immunity In $34M Crimea Award Suit
Russia is pressing the D.C. Circuit to overturn what it calls an "unprecedented" decision greenlighting litigation to enforce a more than $34 million arbitral award issued to Ukrainian gas companies that operated in Crimea, saying Wednesday that its sovereign immunity defense wasn't adequately weighed.
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July 17, 2025
Fla. High Court Revives UF Student's COVID-19 Suit
The Florida Supreme Court on Thursday revived a University of Florida student's lawsuit over cancellation of on-campus services during the COVID-19 pandemic, ruling that sovereign immunity does not automatically block the student's breach-of-contract claims.
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July 17, 2025
FCC Asks 5th Circ. To Reinstate $57M AT&T Data Privacy Fine
The Federal Communications Commission is asking for the full Fifth Circuit to take up an April panel decision finding the commission's in-house adjudications unconstitutional, arguing that a recent U.S. Supreme Court decision "effectively abrogated" the precedent that the panel ruling for AT&T was partly predicated on.
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July 17, 2025
How A NJ Clergy Abuse Probe Will Reshape Defense Strategy
The New Jersey Supreme Court has cleared the way for a grand jury to investigate clergy abuse claims, bringing forward a rarely used prosecution tool that experts say will have reverberations on the strategies taken by lawyers representing powerful individuals and institutions even beyond the Catholic Church.
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July 17, 2025
NC Justices Urged To Let Property Foreclose In Debt Fight
A company on the cusp of wrapping up the foreclosure sale of a Cornelius, North Carolina, land tract that is planned to be part of a larger mixed-use development has implored the state Supreme Court not to temporarily stay the sale.
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July 17, 2025
6 Cases For Patent Attys To Watch In The Second Half Of 2025
The Federal Circuit is considering major questions about when delays in prosecuting patents become bad faith and whether the acting U.S. Patent and Trademark Office director is legally allowed to apply new rules retroactively. Here's what you need to know about these cases and others that attorneys are keeping an eye on for the rest of the year.
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July 17, 2025
Nursing Home Suit Is Med Mal, Tossed For Lack Of Expert
A Texas appellate court on Thursday dismissed a man's suit against a nursing home claiming its negligence led to his mother's death after she fell and hit her head, finding his suit is a medical malpractice claim, so he needed an expert report to support his allegations.
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July 17, 2025
Wis. Senators Send List Of Bipartisan 7th Circ. Picks To Trump
The senators from Wisconsin, one Republican and one Democrat, have sent President Donald Trump a list of five candidates for the seat of the Seventh Circuit that is slated to open in October.
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July 17, 2025
6th Circ. Says VA Nurse's Firing Wasn't Motivated By Age
The Sixth Circuit on Thursday upheld the dismissal of a former Veterans Affairs nurse's age discrimination suit, finding that the worker was fired for repeatedly flouting her supervisor's instructions rather than because of age discrimination.
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July 17, 2025
Mass. Appeals Court Affirms Toss Of Cell Tower Challenge
A Massachusetts intermediate appellate court affirmed the dismissal of a challenge to permits for a cell tower in the town of Essex, in an unpublished decision Wednesday.
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July 17, 2025
4th Circ. Orders New Trial After Doc Acquitted In Fraud Case
A Fourth Circuit panel ordered a new trial for a doctor who received a judge's acquittal after a jury found him guilty of alleged healthcare fraud, finding that the jury had sufficient evidence to convict, but the case was "close," and the district court was correct in hedging and allowing another shot at the case.
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July 17, 2025
5th Circ. Won't Reinstate Fired Officer's Age Bias Fight
The Fifth Circuit refused to reopen a former deputy constable's lawsuit alleging that a Texas county fired him because he was a middle-aged man, ruling Thursday that it found no reason to disturb a lower court's dismissal of the case.
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July 17, 2025
Firm Seeks NC Top Court's Take On Ex-Partner's Benefits Fight
Cranfill Sumner LLP asked North Carolina's top court on Thursday to take up its case challenging a former partner's workers' compensation award, saying a lower court made a mistake in ruling his equity stake in the firm doesn't offset the amount he's owed.
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July 17, 2025
Banning Of Courtroom Snoozer Prompts New NY Murder Trial
A man convicted of murder in Queens will get a new trial, a New York appeals court has ruled, finding that because his friend was permanently barred from watching the proceedings after falling asleep in court, the defendant was denied his Constitutional right to a public trial.
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July 17, 2025
IRS Leaker Asks DC Circ. To Bar Comments By Ex-Employer
A tech worker appealing a five-year sentence for leaking tax returns while on the job at the IRS through contractor Booz Allen asked the D.C. Circuit on Thursday to block his former employer from weighing in, saying the company's opinion that he should finish his prison term is irrelevant.
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July 17, 2025
Neb. Asks Justices To Resolve River Dispute With Colo.
Nebraska is asking the U.S. Supreme Court to resolve its claims that Colorado is failing to deliver water from the South Platte River according to the terms of an early 20th-century compact.
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July 17, 2025
Calif. Supreme Court Won't Look At Meal-Break Waivers
The California Supreme Court declined to weigh in on a case in which veterinarians claimed that the prospective waivers from state meal-break requirements that an operator of veterinary hospitals rolled out were illegal, leaving undisturbed a panel's decision in favor of the hospitals.
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July 17, 2025
6th Circ. Says Axed Expert Reports Doom Hip Implant Suit
The Sixth Circuit has sided with a medical device maker in a lawsuit brought by a man who alleged a component of his hip implant was faulty due to a manufacturing defect, saying the lower court correctly excluded his experts for their lack of knowledge about the surgery or the company's manufacturing processes.
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July 17, 2025
5th Circ. Affirms Nix Of Doctor's Captive Insurance Deductions
The owner of a Texas urgent care network is not entitled to $1 million in tax deductions for insurance premiums he paid to inside companies, the Fifth Circuit ruled, affirming the U.S. Tax Court's decision that the payments were not actually for insurance.
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July 17, 2025
Trouble Interpreting Nonverbal Witness Dooms Murder Verdict
Massachusetts' highest court on Thursday found that a man convicted of murder is entitled to a new trial because a key witness against him is nonverbal and interpreters were not able to effectively communicate with her while she was on the stand.
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July 17, 2025
Ga. Litigator Turned Appeals Judge Named As State Justice
Georgia Gov. Brian P. Kemp on Thursday announced his appointment of a Georgia Court of Appeals Judge as the next state Supreme Court justice, turning to a judge who dissented from an opinion to disqualify a district attorney in an election interference case against President Donald Trump and others.
Expert Analysis
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Home Depot Ruling Tolls Death Knell For 'Silent Cyber'
The Sixth Circuit's recent ruling that Home Depot's insurers did not have to cover costs from a data breach hammered one more nail in the coffin of silent cyber, where coverage is sought under standard property or commercial general liability policies that were not intended to insure cyberattack claims, say attorneys at Zelle.
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Series
Improv Makes Me A Better Lawyer
Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.
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How BigLaw Executive Orders May Affect Smaller Firms
Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.
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Texas Case Shows Why Juries Are Well-Suited To COVID Suits
The original jury verdict in Baylor College of Medicine v. Lloyd's, currently on appeal to the Texas Supreme Court after being overturned by an appellate panel, illustrates why COVID-19 business interruption claims with their case-specific facts need to be decided by juries, not by judges using a one-size-fits-all approach, says Jeremy Lawrence at Farella Braun.
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Filial Consortium Claims' Future After Conn. High Court Ruling
While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.
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4th Circ. Health Data Ruling Opens Door To State Law Claims
In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.
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Opinion
Lawsuits Shouldn't Be Shadow Assets For Foreign Capital
Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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2 Del. Rulings Reinforce Proof Needed For Records Demands
Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.
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How To Accelerate Your Post-Attorney Career Transition
Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.
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Series
Law School's Missed Lessons: Be An Indispensable Associate
While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.
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Series
Birding Makes Me A Better Lawyer
Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.
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Justices May Clarify What IP Competitors In Litigation Can Say
If the U.S. Supreme Court agrees to weigh in on Atturo Tire v. Toyo Tire, it may be able to provide guidance on the murky questions surrounding what companies enforcing their intellectual property against competitors are allowed to say in public, say attorneys at Ballard Spahr.
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How Del. Law Rework Limits Corporate Records Requests
Newly enacted amendments to a section of the Delaware General Corporation Law that allows stockholders and beneficial owners to demand inspection of Delaware corporations' books and records likely curtails the scope of such inspections and aids defendants in framing motions to dismiss at the pleading stage, says Jonathan Richman at Brown Rudnick.
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A Recurring Atty Fee Question Returns To Texas High Court
As the Texas Supreme Court is poised to decide if it will once again address — in Maciejack v. City of Oak Point — when a party must segregate attorney fees it seeks to recover, litigators would be wise to contemporaneously classify fees as either recoverable or unrecoverable, say attorneys at Munck Wilson.
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Alien Enemies Act Case Could Reshape Executive Power
President Donald Trump’s invocation of the Alien Enemies Act to deport Venezuelan nationals raises fundamental questions about statutory interpretation, executive power and constitutional structure, which now lay on the U.S. Supreme Court's doorstep, says Mauni Jalali at Quinn Emanuel.