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Appellate
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June 04, 2025
Mo. Appeals Court Upholds City Tax On REIT's Rental Income
Healthcare real estate investment trust Ventas Inc.'s receipt of rental income earned from four medical office buildings in Kansas City, Missouri, is a business activity subject to the city's earnings tax, the Missouri Court of Appeals ruled, affirming a lower court decision.
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June 04, 2025
6th Circ. Pick Quizzed On Experience, Ties To Conservatives
The first batch of judicial nominees of President Donald Trump's second administration had their hearing before the Senate Judiciary Committee on Wednesday, during which a Sixth Circuit nominee fielded questions about litigants' obligation to follow court orders and her connection to Leonard Leo-affiliated groups following Trump bashing the former Federalist Society executive.
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June 04, 2025
NJ Judge Suspended Over Pro-Police 'Likes' On Facebook
A New Jersey municipal court judge was hit with a two-month suspension without pay beginning Wednesday after an advisory committee took issue with his Facebook activity indicating support for pro-police movements, political candidates, individual lawyers and law firms.
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June 04, 2025
Fed. Circ. Won't Revive $15M Patent Verdict Against Google
The Federal Circuit on Wednesday shot down an audio programming patent owner's request to undo a Delaware federal judge's ruling that threw out a $15.1 million jury verdict against Google.
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June 04, 2025
Conn. High Court Rules Atty, Ex's Alimony Deal Ambiguous
The ex-wife of a Shook Hardy & Bacon LLP managing partner will get another shot at additional alimony and child support after the Connecticut Supreme Court ruled Wednesday that the divorce agreement isn't clear about how his bonuses and profit share earnings impact her payout.
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June 04, 2025
Vape Cos. Urge 5th Circ. To Toss FDA Vape Marketing Rule
A group of small e-cigarette companies is asking the Fifth Circuit to revive their suit challenging the U.S. Food and Drug Administration's rule for premarket authorization of new tobacco products, saying the FDA failed to account for how the rule would affect small businesses.
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June 04, 2025
Chip Trade Secret Conviction Specific Enough, 1st Circ. Hints
The First Circuit on Wednesday appeared skeptical of arguments that jurors who convicted a former Analog Devices Inc. engineer of possessing trade secrets improperly glossed over the difference between what was described in the indictment and what was actually found during a search of his electronic devices.
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June 04, 2025
Ohio Justice Questions School Board's Tax Appeal Claim
An Ohio justice criticized a school board's claim that state law allows it to appeal administrative property valuation rulings to county courts when the board doesn't own the property at issue.
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June 04, 2025
Donlin Gold Says Vacatur Not Warranted In Alaska Mine Case
A recent U.S. Supreme Court decision confirms that government approvals for a large gold mine in Alaska should not be thrown out even if an agency botched some aspects of an environmental review, the company behind the project told a federal judge.
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June 03, 2025
5th Circ. Weighs Constitutionality Of Banking In-House Courts
A Fifth Circuit panel Tuesday heard a trio of cases contesting federal banking regulators' use of in-house proceedings to impose penalties, signaling interest in potential jurisdictional bars to such challenges but offering few clear clues about how it might rule.
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June 03, 2025
9th Circ. Skeptical Tribe Can Circumvent DOI For Recognition
A Ninth Circuit panel appeared skeptical Tuesday of the Chinook Indian Nation's bid to revive its suit seeking a declaration that it's a federally recognized tribe, with all three judges doubting whether federal courts can make a determination usually made by the U.S. Department of the Interior.
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June 03, 2025
Fla. Taking Halt Of Teen Social Media Law To 11th Circ.
A Florida federal judge on Tuesday blocked the state from enforcing a new law that would ban children 13 and under and restrict 14- and 15-year-olds from social media after finding the measure is likely unconstitutional, prompting the state's attorney general to immediately appeal the ruling to the Eleventh Circuit.
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June 03, 2025
Google Taps Ex-SG, Munger Tolles Partner For Monopoly Fight
Google has hired former U.S. Solicitor General and prominent U.S. Supreme Court attorney and Munger Tolles & Olson LLP partner Donald B. Verrilli Jr. to represent it in high-profile litigation accusing the tech giant of monopolizing the online search market, according to a notice filed in District of Columbia federal court Tuesday.
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June 03, 2025
6th Circ. Backs OSU In Diver's Sexual Abuse Claims
A woman who was sexually abused by her diving coach while a teenager on the Ohio State University diving club can't sue the school, the Sixth Circuit ruled Monday, saying she filed her lawsuit too late because the statute of limitation on Title IX claims in Ohio is just two years.
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June 03, 2025
Prosecutors Take Second Stab At Convicting Dallas Developer
Federal prosecutors started a second run at convicting a Dallas real estate developer of bribing two city council members, telling a jury during opening arguments Tuesday that the developer had a "silent partnership" with elected officials in exchange for favors.
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June 03, 2025
9th Circ. Skeptical About Nixing Wash. Bias Enforcement Ban
The Ninth Circuit on Tuesday appeared hesitant to grant Washington state's bid to wipe out an injunction that bars it from enforcing state anti-discrimination law against a Christian employer that wants to hire co-religionists, but the judges signaled a willingness to depart from the trial court's rationale.
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June 03, 2025
Allstate Urges Ga. Panel To Undo Dismissal Sanction
Allstate Fire And Casualty Insurance Co. urged the Georgia Court of Appeals to overturn a trial court's decision to sanction it by tossing its lawsuit over a liability policy issued to the owner of a car involved in a fatal accident.
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June 03, 2025
4th Circ. Revives Immigration Judges' Free Speech Suit
The Fourth Circuit on Tuesday sent a free speech lawsuit brought by immigration judges back to district court, reasoning a lower court judge must first determine if a federal law is working as intended with respect to claims that might otherwise be handled administratively.
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June 03, 2025
9th Circ. Gives Crypto Victims Chance At Greater Recovery
A Ninth Circuit panel found that a California federal court can reopen the restitution phase of a criminal crypto extortion case post-sentencing after the victims said they lost out on millions of dollars in recovery due to a miscommunication among government offices.
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June 03, 2025
6th Circ. Denies PBMs' Privilege Claim In Opioid MDL
A Sixth Circuit panel on Tuesday denied a petition from Cigna's Express Scripts and UnitedHealth's Optum seeking to reverse discovery orders allowing certain personnel files and internal communications into the multidistrict opioid litigation, finding that the two pharmacy benefit managers failed to show extraordinary abuses justifying relief.
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June 03, 2025
Senators Preview Possible National Injunction Reforms
A Senate hearing on Tuesday was marked largely by partisan fighting over whether federal courts have justifiably ruled against the Trump administration, but there were some hints that cooperation to rein in acknowledged litigation abuses such as forum shopping and universal injunctions might be possible.
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June 03, 2025
6th Circ. Sets New Jurisdiction Standard For 'Mixed Actions'
An Ohio federal court erred by remanding declaratory claims over insurance coverage for underlying PFAS litigation to state court, the Sixth Circuit ruled, forging its own jurisdictional standard for what are known as mixed actions, or lawsuits that seek both coercive relief, like damages, and noncoercive relief, like a court declaration.
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June 03, 2025
Judge Blocks Foreign Enforcement In $102M Award Fight
A New York federal judge has ordered the former owners of reorganized international shipping group Eletson Holdings Inc. to drop proceedings they initiated in Greece and the United Kingdom to enforce a $102 million arbitral award while he determines whether the award is fraudulent.
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June 03, 2025
DC Circ. Rejects Tipster's Bid To Reverse IRS Award Denial
The D.C. Circuit refused to reinstate a tipster's petition for a whistleblower award before the U.S. Tax Court claiming his former employer intentionally misclassified him as an independent contractor, ruling Tuesday the Tax Court lacked jurisdiction since he failed to show the agency acted on his tip.
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June 03, 2025
9th Circ. Wary Of Dormant Commerce Application To Cannabis
A Ninth Circuit panel on Tuesday appeared skeptical that constitutional doctrine barring states from impeding interstate commerce should apply to the federally illegal marijuana market in a pair of cases involving cannabis business licenses in Washington state and Sacramento, California.
Expert Analysis
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SDNY Sentencing Ruling Is Boon For White Collar Defendants
Defense attorneys should consider how to maximize the impact of a New York federal court’s recent groundbreaking ruling in U.S. v. Tavberidze, which held that a sentencing guidelines provision unconstitutionally penalizes the right to a jury trial, says Sarah Sulkowski at Gelber & Santillo.
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How Attorneys Can Master The Art Of On-Camera Presence
As attorneys are increasingly presented with on-camera opportunities, they can adapt their traditional legal skills for video contexts — such as virtual client meetings, marketing content or media interviews — by understanding the medium and making intentional adjustments, says Kerry Barrett.
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What Del. Corporate Law Rework Means For Founder-Led Cos.
Although the amendments to the Delaware General Corporation Law have proven somewhat divisive, they will provide greater clarity and predictability in the rules that apply to founder-led companies navigating transactions concerning controlling stockholders and responding to books-and-records requests, say attorneys at Munger Tolles.
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Patent Drafting Pointers From Fed. Circ. COVID Test Ruling
The Federal Circuit's recent decision in DNA Genotek v. Spectrum Solutions provides several best practice pointers for drafting and prosecuting patent applications, highlighting how nuances in wording can potentially limit the scope of claims or otherwise affect claim constructions, says Irah Donner at Manatt.
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Series
Baseball Fantasy Camp Makes Me A Better Lawyer
With six baseball fantasy experiences under my belt, I've learned time and again that I didn't make the wrong career choice, but I've also learned that baseball lessons are life lessons, and I'm a better lawyer for my time at St. Louis Cardinals fantasy camp, says Scott Felder at Wiley.
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Series
Adapting To Private Practice: From Fed. Prosecutor To BigLaw
Making the jump from government to private practice is no small feat, but, based on my experience transitioning to a business-driven environment after 15 years as an assistant U.S. attorney, it can be incredibly rewarding and help you become a more versatile lawyer, says Michael Beckwith at Dickinson Wright.
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How Justices Rule On Straight Bias May Shift Worker Suits
Following oral argument at the U.S. Supreme Court in Ames v. Ohio Department of Youth Services, in which a heterosexual woman sued her employer for sexual orientation discrimination, the forthcoming decision may create a perfect storm for employers amid recent attacks on diversity, equity and inclusion, say attorneys at Proskauer.
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How Del. Supreme Court, Legislature Have Clarified 'Control'
The Delaware Supreme Court's January decision in In re: Oracle and the General Assembly's passage of amendments to the Delaware General Corporation Law this week, when taken together, help make the controlling-stockholder analysis clearer and more predictable for companies with large stockholders, say attorneys at Baker Botts.
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Service By Token Is Transforming Crypto Litigation Landscape
As the Trump administration advocates a new course of cryptocurrency regulation, courts in the U.S. and abroad are authorizing innovative methods of process service, including via nonfungible tokens and blockchain messaging, offering practical solutions for litigators grappling with the anonymity of cyber defendants, says Jose Ceide at Salazar Law.
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Fed. Circ. In Feb.: Lessons On Cases With Many Patent Claims
The Federal Circuit's decision in Kroy IP v. Groupon last month establishes that inter partes review petitioners cannot rely on collateral estoppel to invalidate patent claims after challenging a smaller subset, highlighting the benefit that patent owners may gain from seeking patents with many claims, say attorneys at Knobbe Martens.
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PG&E Win Boosts Employers' Defamation Defense
A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.
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Justices' False Statement Ruling Curbs Half-Truth Liability
The U.S. Supreme Court’s recent Thompson v. U.S. decision clarified that a federal statute used to prosecute false statements made to bank regulators only criminalizes outright falsehoods, narrowing prosecutors’ reach and providing defense counsel a stronger basis to challenge indictments of merely misleading statements, says Tamara de Silva at De Silva Law Offices.
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Jurisdiction Argument In USAID Dissent Is Up For Debate
A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.