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Appellate

  • June 17, 2025

    6th Circ. Revives Ex-Chili's Manager's Age Discrimination Suit

    The Sixth Circuit Tuesday revived a terminated Chili's restaurant manager's age discrimination case against the casual dining chain, saying the former employee offered enough evidence to rebut the chain's contention he was actually fired for not "living the Chili's way."

  • June 17, 2025

    La. Law Will Make Tesla Sales Less Onerous, Justices Told

    Louisiana regulators are hoping the U.S. Supreme Court will hold off on considering their request to take up a Tesla-brought case targeting the state's ban on direct sales by automakers, saying a new law is about to change things and the justices should wait until it takes effect.

  • June 17, 2025

    4th Circ. Affirms $8M Award Against Kuwaiti Construction Co.

    The Fourth Circuit on Tuesday refused to revive a Kuwaiti construction company's bid to nix an $8 million arbitral award favoring Kellogg Brown & Root International Inc. in a dispute over a U.S. Army contract, ruling in a published opinion that the company missed a critical statutory deadline.

  • June 17, 2025

    Fed. Circ. Affirms PTAB Ax Of Roku Patent Claims

    The Federal Circuit affirmed Tuesday a Patent Trial and Appeal Board ruling that invalidated claims in a Roku Inc. remote control patent and ordered the board to look back at one claim it upheld, neutralizing the company's bid to renew its case against Universal Electronics at the U.S. International Trade Commission.

  • June 17, 2025

    5 Court Battles Hinging On High Court's Trans Care Ruling

    An imminent U.S. Supreme Court decision regarding Tennessee's ban on gender transition care for minors is poised to have a sweeping impact as courts across the country weigh similar state and federal restrictions.

  • June 17, 2025

    9th Circ. Skeptical Of Blocking National Guard Deployment

    A Ninth Circuit panel appeared open Tuesday to striking down a temporary restraining order — currently paused — that would block President Donald Trump from sending the National Guard into Los Angeles, with two judges repeatedly citing case law suggesting the president has broad discretion to mobilize the Guard.

  • June 17, 2025

    Jeanine Pirro Formally Nominated For DC US Atty

    Former judge and Fox News host Jeanine Pirro has been nominated for the full-time U.S. attorney role for the District of Columbia after having been tapped previously for the position on an interim basis.

  • June 17, 2025

    5th Circ. Won't Resurrect NLRB Captive Audience Memo Suit

    The Fifth Circuit on Tuesday refused to revive a suit over a 2022 memo the National Labor Relations Board's general counsel issued arguing so-called captive audience meetings violate federal labor law, ruling the staffing companies challenging the memo don't have standing to bring their suit.

  • June 17, 2025

    Split 9th Circ. Wants Review Of Migrant's Mental Competency

    The Ninth Circuit has revived a Guatemalan man's bid for deportation relief, with a split panel of judges saying in a published opinion that the Board of Immigration Appeals should have had an immigration judge look into the man's competency.

  • June 17, 2025

    Uber Gets Fatal Crash Suit Sent To Arbitration

    The widow of a man who died while he was a passenger in an Uber must take her claims against the ride-share company before an arbitrator, an Illinois state appeals court ruled Tuesday, finding that when she signed up for an Uber account she first agreed to have an arbitrator review any claims she had against the company.

  • June 17, 2025

    NJ Court Says Unqualified Expert Dooms Med Mal Suit

    A New Jersey appellate panel on Tuesday tossed a medical malpractice suit alleging a physician failed to properly treat a man's internal bleeding that proved to be fatal, ruling that the plaintiff's expert affidavit was insufficient because the expert did not specialize in the same area as the defendant doctor.

  • June 17, 2025

    5th Circ. Finds $37M For PPE Delivery Problems Went Too Far

    The Fifth Circuit on Monday kept partially intact a $37 million award the Federal Trade Commission secured against a drop-shipping company, but found part of the award went too far because it fully refunded customers for COVID-19 protective gear that was delivered late.

  • June 17, 2025

    Nissan Asks Justices To Void Certified Sunroof Defect Classes

    Nissan North America Inc. has asked the U.S. Supreme Court to unravel certified classes of drivers alleging the automaker sold vehicles with defective panoramic sunroofs, saying the Ninth Circuit endorsed a "grossly unfair" standard that allows uninjured plaintiffs to level inflated class claims against corporate defendants.

  • June 17, 2025

    Ga. College Seeks Toss Of $240K Athletic Conference Exit Fee

    A small north Georgia college urged the Georgia Court of Appeals Tuesday to throw out an early win in a contract fight with an athletic conference it left several years ago, arguing that the "enforceability is doubtful" of $240,000 in damages the conference imposed on the school for its departure.

  • June 17, 2025

    Del. Justices Undo $200M Award In TransCanada Case

    Pointing in part to an earlier appellate ruling, Delaware's highest court on Tuesday reversed a Court of Chancery decision that ordered the former TransCanada Corp. to pay $199 million to former Columbia Pipeline Group Inc. shareholders allegedly shorted in a 2016 merger.

  • June 17, 2025

    8th Circ. Says NLRB Misapplied Standard In Starbucks Case

    The National Labor Relations Board improperly ignored a Starbucks employee's impression of her manager's comments during a union campaign when concluding the comments were unlawful, a split Eighth Circuit panel ruled Tuesday, resolving a case that challenged the board's standard for determining when an employer's anti-union rhetoric violates labor law.

  • June 17, 2025

    Novartis Narrows Entresto Fight With MSN, Noratech Deals

    Novartis Pharmaceuticals Corp. has come closer to fully keeping a generic version of its blockbuster drug Entresto off the market, with MSN Pharmaceuticals Inc. backing down on its most contentious appeal and Noratech Pharmaceutical settling.

  • June 17, 2025

    Ga. Panel Considers New Statute In $46M Med Mal Case

    Atlanta Women's Specialists LLC and one of its physicians urged the Georgia Court of Appeals to reconsider a $13.7 million attorney fee award in a $45.8 million case in which they were found liable for medical malpractice resulting in a woman suffering severe brain damage days after childbirth.

  • June 17, 2025

    Medical Documents Fair Game In STD Suit, Ga. Panel Says

    An Atlanta hedge fund manager and attorney may be forced to hand over his medical records to his ex-girlfriend in a suit where he stands accused of giving her genital herpes, after a state appellate court ruled Tuesday that the records were not absolutely shielded by his right to privacy.

  • June 17, 2025

    Org. Urges 9th Circ. To OK NFL Sunday Ticket Verdict Dismissal

    A legal foundation focused on promoting free enterprise principles is offering support to the NFL as the league defends a California federal judge's dismissal of a jury's $4.7 billion Sunday Ticket price-fixing award, arguing Tuesday the district court was right to correct a "gatekeeping failure" in expert testimony.

  • June 17, 2025

    ND Secretary Fights Tribes' 8th Circ. Voting Rights Rehearing

    North Dakota Secretary of State Michael Howe is urging the Eighth Circuit to deny two Native American tribes' bid for a rehearing in their voting rights challenge, arguing their petition misinterprets the appellate court's opinions and overstates U.S. Supreme Court precedent on the issue.

  • June 17, 2025

    9th Circ. Says Chinook Can't Get Tribal Status From Courts

    The Chinook Indian Nation can't revive its bid seeking federally recognized tribe status that would entitle it to benefits from the U.S. government after the Ninth Circuit issued an order Tuesday finding the process for federal recognition comes from the U.S. Department of the Interior, not the federal judiciary.

  • June 17, 2025

    Ill. Toy Makers Seek Justices' Early Review Of Trump Tariff Suit

    Illinois-based toy makers challenging President Donald Trump's emergency tariffs on Tuesday requested the U.S. Supreme Court consider their case before it is reviewed by the D.C. Circuit, arguing a stay to an injunction is allowing duty collections to continue and is damaging the companies.

  • June 17, 2025

    Ohio High Court Allows Challenge To Duke Gas Rate Increase

    Ohio's utility consumer advocate filed a timely appeal to challenge a regulator's approval of a Duke Energy Ohio Inc. rate increase for natural gas customers, the Ohio Supreme Court ruled Tuesday, denying Duke's bid to have the case dismissed.

  • June 17, 2025

    Sunglass Suit Tossed After 11th Circ. Nixes $40M Deal

    A Florida federal judge on Tuesday threw out a proposed class action alleging Costa Del Mar Inc. misled buyers about its sunglasses' lifetime warranty, saying the court doesn't have subject matter jurisdiction over the claims.

Expert Analysis

  • Series

    Competitive Weightlifting Makes Me A Better Lawyer

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    The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.

  • Axed ALJ Removal Protections Mark Big Shift For NLRB

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    A D.C. federal court's recent decision in VHS Acquisition Subsidiary No. 7 v. National Labor Relations Board removed long-standing tenure protections for administrative law judges by finding they must be removable at will by the NLRB, marking a significant shift in the agency's ability to prosecute and adjudicate cases, say attorneys at Proskauer.

  • NC COVID Ruling May Have Greater Coverage Implications

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    While the North Carolina Supreme Court's recent finding in favor of policyholders in a suit for business interruption coverage due to COVID-19 comes too late for most insureds to benefit, it should nonetheless have coverage implications far beyond COVID-19 claims, say attorneys at Robinson Bradshaw.

  • 3 Potential Developments That May Alter US Patent Rights

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    The Federal Circuit's upcoming decision in EcoFactor v. Google, pending legislation before Congress and the appointment of a new U.S Patent and Trademark Office director all have significant potential to strengthen or weaken patent rights, say attorneys at McKool Smith.

  • 11th Circ. TCPA Ruling Signals Erosion Of Judicial Deference

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    The U.S. Court of Appeals for the Eleventh Circuit recently came to the rescue of the lead generation industry, striking down new regulations that were set to go into effect on Jan. 27, a decision consistent with federal courts' recent willingness to review administrative decisions, say attorneys at Troutman.

  • How Ill. Ruling Could Influence Future Data Breach Cases

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    The Illinois Supreme Court's recent decision in Petta v. Christie Business Holding, which was based solely on standing, establishes an important benchmark for the viability of Illinois-based lawsuits arising out of data security incidents that defendants can cite in future cases, say attorneys at Wilson Elser.

  • The Rising Need For The Selective Prosecution Defense

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    In a political climate where criminal and civil prosecution on the basis of political affiliation, constitutionally protected speech or other arbitrary classification is increasingly likely, existing precedent shows why judges should be more open to allowing a selective prosecution defense, say attorneys at Sidley.

  • Corp. Transparency Act's Future Under Treasury's Bessent

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    The Corporate Transparency Act’s ultimate fate faced uncertain terms at the end of 2024, but new U.S. Department of the Treasury Secretary Scott Bessent's statements and actions so far demonstrate that he does not intend to ignore the law, though he may attempt to make modifications, say attorneys at Taylor English.

  • Serta Ruling Further Narrows Equitable Mootness In 5th Circ.

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    The Fifth's Circuit recent Serta bankruptcy decision represents a further hardening of its view of the equitable mootness doctrine, and may set up a U.S. Supreme Court review of the doctrine in the near future, say attorneys at Cleary.

  • Opinion

    Inconsistent Injury-In-Fact Rules Hinder Federal Practice

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    A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.

  • Takeaways From Oral Argument In High Court Trademark Case

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    Unpacking oral arguments from Dewberry Group v. Dewberry Engineers, which the U.S. Supreme Court is expected to rule on this year, sheds light on the ways in which the decision could significantly affect trademark infringement plaintiffs' ability to receive monetary damages, say attorneys at Buchanan Ingersoll.

  • In-House Counsel Pointers For Preserving Atty-Client Privilege

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    Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.

  • 4 Potential Effects Of 3rd Circ.'s Coinbase Ruling

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    The Third Circuit's recent landmark decision in Coinbase v. U.S. Securities and Exchange Commission that the SEC's refusal to engage in rulemaking to clarify its stance on crypto enforcement was "insufficiently reasoned" could have wide-ranging impacts, including on other cases, legislation and even the SEC's reputation itself, says Daniel Payne at Cole-Frieman.

  • Disability Ruling Guides On Cases With Uncertain Causation

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    In Dime v. MetLife, a Washington federal court’s recent ruling in favor of a disability claimant instructs both claimants and insurers on the appropriate standard for establishing and making a disability determination when there is limited medical evidence explaining the disability’s cause, says Mark DeBofsky at DeBofsky Law.

  • National Bank Act Rulings Facilitate More Preemption Analysis

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    Two recent National Bank Act preemption decisions from an Illinois federal court and the Ninth Circuit provide the first applications of the U.S. Supreme Court’s May ruling in Cantero v. Bank of America, opening the potential for several circuit courts to address the issue this year, say attorneys at Moore & Van Allen.

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