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Appellate
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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.
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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.Â
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May 15, 2025
Ohio Court Upholds Home's $450K Value Based On Sale
The Ohio tax appeals board didn't err in determining that a couple's home was correctly assessed at $450,000 based on its 2020 sale price, a state appeals court said in an opinion released Thursday.
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May 15, 2025
Conservatives Challenge Title Of Colo. Tax Cut Initiative
A proposed Colorado ballot measure to reduce the state income tax rate by one-hundredth of a percentage point was assigned an unlawfully confusing title by a state board, the conservative activists behind the initiative charged in a petition to the state Supreme Court.
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May 15, 2025
DC Circ. Doubts Jurisdiction In Baristas' NLRB Challenge
A D.C. Circuit panel expressed skepticism Thursday that it had any role in deciding two Starbucks workers' challenge to job protections for National Labor Relations Board members now that the agency agrees with the baristas' argument.
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May 15, 2025
Snap's Alice Win On Image Search Patents Gets Fed. Circ. OK
The Federal Circuit on Thursday refused to revive a lawsuit accusing Snap of infringing a pair of patents related to image searches, affirming a lower court's decision that the claims were patent ineligible under the U.S. Supreme Court's Alice decision.
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May 15, 2025
Amarin Tells Justices Hikma Has Gotten Far Ahead Of Itself
Amarin Pharma urged the U.S. Supreme Court on Thursday to turn away a generic-drug maker's bid to get an induced infringement suit thrown out, saying the pleadings-stage case is "in its infancy" and that the company is looking for a "safe-harbor from having to litigate at all."
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May 15, 2025
Conn. Justice Warns DMV Rule May Destroy Towing Program
If the Connecticut Department of Motor Vehicles is correct in its interpretation of how towing companies can be paid for certain services, a state police program for clearing wrecks will evaporate because participating will not be profitable, a justice of the state Supreme Court warned Thursday.
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May 15, 2025
Fla. High Court Won't Rule On Condo Insurance Dispute
The Florida Supreme Court on Thursday declined to wade into a dispute between a Miami condominium and its insurer over a claim for damage caused by Hurricane Irma, leaving in place an appellate ruling that the association provided sufficient notice to the insurer that it intended to add or reopen its damage claim.
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May 15, 2025
Norfolk Southern Death Suit Can Go On With Delayed Estate Rep.
The Pennsylvania Superior Court has found in an en banc precedential opinion that a woman can pursue claims against Norfolk Southern Railway Co. over her husband's cancer and death despite not petitioning to become the representative of his estate until after the statute of limitations expired.
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May 15, 2025
Judicial Aide's NY Sex Abuse Suit May Survive, Panel Hints
A New York state appellate panel has voiced doubts that a former judicial secretary's sex abuse lawsuit should have been dismissed, challenging the state court system's arguments that it didn't employ her and thus can't be held liable for any harms she suffered.
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May 15, 2025
Ex-Ohio Speaker Wins More Time To Retool Bribery Appeal
The Sixth Circuit Thursday granted former Ohio House of Representatives Speaker Larry Householder more time to iron out his bid for the court to reconsider its refusal to vacate his bribery conviction over the FirstEnergy nuclear bailout scandal that got him sentenced to 20 years in prison.
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May 15, 2025
Fla. Atty Suspended For 2 Years For Fracturing Wife's Nose
Florida's highest court on Thursday suspended the law license of an Orlando-based attorney over fracturing his wife's nose for two years, rejecting a recommendation of only 90 days after finding that his conduct "reflects adversely on his continued fitness to practice" in the legal profession.
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May 15, 2025
11th Circ. Upholds Fla. Atty's COVID Relief Fraud Conviction
The Eleventh Circuit upheld the 75-month sentence given to a Florida lawyer for a COVID-19 loan fraud scheme, finding that the lower court did not err by admitting a co-conspirator's testimony about a threat the attorney allegedly made.
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May 15, 2025
Minn. Justices Affirm $9M Medical Building Tax Valuation
A Minnesota medical building was correctly valued by the state tax court, the state Supreme Court said Wednesday, affirming a decision that boosted the building's original valuation by more than $1 million.
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May 15, 2025
Judge Recuses After Atty's Conviction Partially Overturned
The Boston federal judge who oversaw the trial of an attorney charged with bribing a Massachusetts police chief to secure a local marijuana license recused himself from the case Thursday, after the First Circuit vacated most of the convictions and ordered the lawyer to be resentenced on the remaining guilty finding.
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May 15, 2025
Immigration Board Says Email Notice Counts Even If Unread
The Board of Immigration Appeals ruled that email notifications sent through the Executive Office for Immigration Review's case portal constitute sufficient notice of briefing schedules — even if those emails are never opened — placing the burden on attorneys to monitor their inboxes and spam folders.
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May 15, 2025
Hawaii Justices Won't Review Honolulu Property Class Case
The Hawaii Supreme Court declined to review an appellate court decision that found a special Honolulu property class did not violate the state and country's equal protection clause.
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May 15, 2025
Asset-Rich Menendez Associate Must Pony Up $1.8M Fine
A Manhattan federal judge on Thursday refused to adjust the payment schedule for a $1.75 million criminal fine for a New Jersey businessman who was convicted of bribing former U.S. Sen. Bob Menendez, citing his plentiful assets.
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May 15, 2025
5th Circ. Says Samsung Must Face Battery Suit In Texas
A divided Fifth Circuit panel has revived a man's claims against South Korea-based Samsung SDI Co. Ltd. in a suit over an exploding e-cigarette battery, finding the company's marketing to industrial companies in Texas is enough of a connection to the state to grant jurisdiction.
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May 15, 2025
Justices Say Context Matters When Evaluating Use Of Force
The U.S. Supreme Court on Thursday cleared the way for a civil rights lawsuit against a Houston-area traffic officer who shot and killed a fleeing man, ruling that courts must weigh the full sequence of events — not just the instant a threat arises — when deciding if police used excessive force.
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May 14, 2025
6th Circ. Won't Send Bitcoin Latinum Suit To Arbitration
A Michigan federal judge was right to find that cryptocurrency firm Bitcoin Latinum can't send investor fraud claims to arbitration after waiting two years to seek that option, the Sixth Circuit has determined.
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May 14, 2025
Smartmatic Says Fox News Deleted 'Incriminating' Texts
Fox News and its executives — including Rupert Murdoch and his son, Lachlan — deleted "critical" and "incriminating" text messages related to the network's allegedly defamatory broadcasts about Smartmatic during the 2020 election, the voting tech company said Wednesday.
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May 14, 2025
DOGE Can't Dodge Limited FOIA Discovery, DC Circ. Says
The Office of Management and Budget and Elon Musk's Department of Government Efficiency must restart efforts to hand over thousands of pages of documents to a watchdog group seeking insight into DOGE's "secretive operations," the D.C. Circuit ruled Wednesday.
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May 14, 2025
Florida Appeals Court Says Pastor's Testimony Is Privileged
A Florida appeals court on Wednesday reversed convictions for a man found guilty of sexual abuse of a minor after finding that his pastor's testimony should not have been allowed at trial because it was protected by the clergy communications privilege.
Expert Analysis
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When Reincorporation Out Of Del. Isn't A Good Idea
While recent high-profile corporate moves out of Delaware have prompted discussion about the benefits of incorporation elsewhere, for many, remaining in the First State may be the right decision due to its deep body of business law, tradition of nonjury trials and other factors, say attorneys at Goodwin.
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Perspectives
11th Circ. Ruling Shows How AEDPA Limits Habeas Relief
The Eleventh Circuit's recent decision to uphold an Alabama man's death sentence reveals how the Antiterrorism and Effective Death Penalty Act can prevent meaningful review and has eroded the power of habeas corpus petitions by forcing federal courts to pay extraordinary deference to state-level rulings, says Paul Shechtman at Yale Law School.
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Navigating The Uncertain Future Of The Superfund PFAS Rule
The D.C. Circuit's recent grant of a pause in litigation while the U.S. Environmental Protection Agency reviews the Biden-era designation of two per- and polyfluoroalkyl substances as "hazardous" under the Superfund law creates new uncertainty for companies — but more lawsuits are likely as long as the rule remains in effect, say attorneys at Alston & Bird.
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7 Tips For Associates To Thrive In Hybrid Work Environments
Excerpt from
As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.
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Series
Playing Beach Volleyball Makes Me A Better Lawyer
My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.
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30 Years Later: How PSLRA Has Improved Securities Litigation
In the 30 years since the Private Securities Litigation Reform Act's passage, the statute has achieved its purpose of shifting securities class actions to investors most capable of monitoring the litigation, selecting competent counsel at competitive rates and maximizing recoveries for the investor classes they represent, say attorneys at Bernstein Litowitz.
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Terraform Case May Be Bellwether For Crypto Enforcement
The prosecution of crypto company Terraform Labs and its CEO, Do Kwon, offers a unique test of the line between lawful and unlawful conduct in digital transactions, and the Trump administration’s posture toward the case will provide clues about its cryptocurrency enforcement agenda in the years to come, say attorneys at Brooks Pierce.
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How Law Firms Can Counteract The Loneliness Epidemic
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.
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What's At Stake In High Court's Class Member Standing Case
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.
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What Remedies Under New Admin's SEC Could Look Like
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.
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Patent Eligibility Insights From Fed. Circ.'s Drill Bit Ruling
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.
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5 Keys To Building Stronger Attorney-Client Relationships
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.
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What SDNY Judge Can And Can't Do In Adams Case
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.
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Drug Kickback Ruling Will Make FCA Liability Harder To Prove
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.
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Notable Q4 Updates In Insurance Class Actions
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.