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Appellate
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July 15, 2025
Voxer Sues Google And Amazon Over Streaming Patents
Virtual walkie-talkie maker Voxer has sued Google and Amazon in Delaware federal court, claiming they infringed the same network reception patents resulting in a $206 million trial win in a separate case against Meta in 2022 that was later vacated after a settlement.
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July 15, 2025
NC Justices Urged To Halt Project Tract's Foreclosure Sale
A North Carolina property owner and other parties urged the state's high court Tuesday to pause foreclosure proceedings for a property that's part of a mixed-use real estate development project, arguing that an entity created by one of the project partners wrongfully increased the owner's related loan debt.
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July 15, 2025
Door Maker Defends Landmark Divestiture Order At 4th Circ.
Steves & Sons Inc. has urged the Fourth Circuit to preserve the first court-ordered divestiture in a private merger challenge, arguing Jeld-Wen's sale of the Pennsylvania factory restored competition in the market for the door skins used to make molded interior doors.
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July 15, 2025
Wash. Court Doubts Hospitals' Bid To Nix $230M Judgment
A Washington state appellate judge criticized a hospital system's attempt to undo a $230 million loss in a class wage and hour suit on Tuesday, suggesting the employer's arguments about meal break waivers and timekeeping practices are at odds with its own records. Â
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July 15, 2025
Forgotten Jury Instruction Undoes Child Abuse Conviction
A Georgia Court of Appeals panel on Tuesday reversed a man's conviction for cruelty to children after it found that he received constitutionally ineffective counsel when his attorney forgot to request a key jury instruction.
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July 15, 2025
Michigan Court Eases Rules On Admitting Past Abuse Evidence
The Michigan Supreme Court on Monday ruled that evidence of a sexual assault victim's past abuse is generally barred from being presented during trial but modified the test used to determine when such information can be admitted to no longer require the previous abuse to have resulted in a conviction.
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July 15, 2025
11th Circ. Says Big Rig Driver's Fire Risk Was 'Obvious'
The Eleventh Circuit on Tuesday upheld an early win for truck manufacturer Daimler Truck AG in a suit from a Georgia driver who was badly burned in a crash with a Daimler-manufactured truck, ruling that the "open and obvious" risk of a fire in a high-speed collision doomed his failure to warn claim.
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July 15, 2025
Grassley Rejects Dems' Push For 2nd Hearing On Emil Bove
Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, on Tuesday rebuffed the request from Democrats on his committee for the whistleblower who made claims regarding Third Circuit nominee Emil Bove to testify and said the committee will proceed with the vote on Bove's nomination Thursday.
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July 15, 2025
5th Circ. Says Media Matters Can Challenge X Suit Venue
The Fifth Circuit gave left-leaning watchdog Media Matters for America another shot at transferring a business disparagement lawsuit launched by X Corp. to California, saying Tuesday the Texas federal judge overseeing the case didn't do an adequate venue analysis.
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July 15, 2025
9th Circ. Upholds Axing Of IT Co.'s Microsoft Data Misuse Case
The Ninth Circuit declined Tuesday to revive a cybersecurity supplier's case accusing Microsoft of misusing a proprietary database of login credentials recovered on the black market, concluding that the parties' contract did not impose limits on the tech giant's use of the data.
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July 15, 2025
Zimbabwe Wins Bid To Nix $50M Award Suit
The D.C. Circuit on Tuesday overturned a ruling ordering Zimbabwe to face litigation to enforce an 11-year-old $50 million arbitral award stemming from an ill-fated mining deal, ruling that two exceptions to sovereign immunity were inapplicable and that the court therefore lacks jurisdiction.
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July 15, 2025
High Court Term Yields Gains For Criminal Defendants
The U.S. Supreme Court addressed several contentious issues this term, with the conservative majority prevailing in numerous high-profile cases. Yet, in a notable trend, the court also issued multiple rulings favorable to criminal defendants, including expanding prisoners' rights in civil lawsuits and reinforcing due process protections in capital cases.
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July 15, 2025
Anthropic Seeks 9th Circ. Fair Use Appeal Over Piracy Claims
Anthropic PBC asked a California federal judge Tuesday to let the Ninth Circuit review his decision that making fair use of copyrighted books to train artificial intelligence technology did not absolve the company of potential liability for alleged piracy.
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July 15, 2025
Feds Ask Supreme Court To Deny Ghislaine Maxwell's Appeal
Federal prosecutors urged the U.S. Supreme Court on Monday to deny Ghislaine Maxwell's appeal of her 2022 sex trafficking conviction, arguing that a nonprosecution agreement struck in Florida with the late multimillionaire sex offender Jeffrey Epstein didn't apply to her or bind New York prosecutors.
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July 15, 2025
Booz Allen Urges DC Circ. To Affirm IRS Leak Sentence
Government contractor Booz Allen Hamilton urged the D.C. Circuit to uphold the five-year prison sentence of its former employee for leaking tax returns while on a job at the IRS, saying the crime has hurt the company's reputation and subjected it to "baseless lawsuits."
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July 15, 2025
Michigan Cases To Watch In The 2nd Half Of 2025
Michigan's courts are gearing up for a busy second half of the year, with high-profile prosecutions of Chinese scientists accused of smuggling, the state's top court tackling arbitration and automotive contracts, and revisions to the professional conduct rules for lawyers and judges all on deck.
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July 15, 2025
Property Co. Says Storm Coverage Row Can't Be Arbitrated
The owner of a New Orleans luxury apartment and retail complex urged the Fifth Circuit to affirm a lower court's decision to vacate a previous order forcing it to arbitrate its $7 million Hurricane Ida damage claims against a group of domestic insurers, saying Louisiana law applies and bars arbitration.
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July 15, 2025
Advocates Turn To Florida High Court For Bondi Ethics Probe
A group of attorneys, law professors and former judges asked the Florida Supreme Court on Tuesday to order the Florida Bar to investigate U.S. Attorney General Pam Bondi for alleged unethical conduct.
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July 15, 2025
11th Circ. Told Tax Court Erred Nixing Easement's Values
A Georgia partnership told the Eleventh Circuit that the U.S. Tax Court broke legal precedent by relying on a flawed valuation method that did not consider commercial mining potential when it denied a deduction tied to the conservation easement donation of a property.
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July 15, 2025
5th Circ. Says Oilfield Specialists Are OT Exempt
Two former field specialists of an oilfield service provider were not eligible for overtime under the Fair Labor Standards Act because they performed administrative tasks, a Fifth Circuit panel ruled, flipping a Texas district court's ruling in their favor.
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July 15, 2025
Funding 'Crisis' Jeopardizes Indigent Defense, Judiciary Says
The judiciary rang the alarm on Tuesday that funding has been exhausted for the private attorneys who represent indigent federal criminal defendants, and this predicament is expected to last for three months.
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July 15, 2025
Atty Suspended In Fla. After Conviction In Fatal Texas Crash
The Florida Supreme Court has suspended a Texas-based attorney who was also admitted to practice in the Sunshine State after he struck and killed two people while driving to a city council meeting in November 2021.
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July 15, 2025
Reed Smith Says Docs Slipped Through Stay In Eletson Row
Reed Smith has asked the Second Circuit to again step in and block new owners of reorganized Greece-based international shipping company Eletson from viewing communications between the firm and the company's prior owners, saying that, despite a stay already in place, the new owners were allowed to acquire some files.
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July 15, 2025
Law Curbing Arbitration Keeps AutoNation Bias Suit In Court
AutoNation Inc. can't arbitrate a former sales associate's lawsuit claiming supervisors treated her differently because she's an older Black woman and made sexual comments in the workplace, a California state appeals court ruled, saying her case is shielded by a federal law prohibiting mandatory arbitration of sex harassment cases.
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July 15, 2025
DC Circ. Backs Dismissal Of Green Orgs' Drilling Permit Suit
The D.C. Circuit on Tuesday rejected environmental groups' challenge to the approvals of thousands of federally approved oil and gas drilling permits in New Mexico and Wyoming, finding that a lower court was right to find they lacked standing.
Expert Analysis
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Making The Case For Rest In The Legal Profession
For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.
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1st Circ. IMessage Ruling Illustrates Wire Fraud Circuit Split
The First Circuit’s recent decision that text messages exchanged wholly within Massachusetts but transmitted by the internet count as interstate commerce spotlights a split in how circuits interpret intrastate actions under the federal wire fraud statute, perhaps prompting U.S. Supreme Court review, say attorneys at ArentFox Schiff.
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4 Ways Women Attorneys Can Build A Legal Legacy
This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.
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Justices' Revival Ruling In Bias Suit Exceeds Procedural Issue
The U.S. Supreme Court's recent ruling in Waetzig v. Halliburton allowed the plaintiff in an age discrimination lawsuit to move to reopen his case after arbitration, but the seemingly straightforward decision on a procedural issue raises complex questions for employment law practitioners, says Christopher Sakauye at Dykema.
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Cleanup Claim Characterization Key For Timeliness Inquiry
The Tenth Circuit's recent ruling in Atlantic Richfield Co. v. NL Industries, determining that ARCO's contribution claim was timely, highlights the importance of accurately characterizing a claim for recoupment of environmental cleanup costs as a cost-recovery action or contribution to avoid dismissal or recharacterization of the claim, say attorneys at Spencer Fane.
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A Judge's Pointers For Adding Spice To Dry Legal Writing
U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.
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A Closer Look At Money Laundering Sentencing Issues
Federal money laundering cases are on the rise, often involving lengthy prison sentences for defendants who have little to no criminal history, but a closer look at the statistics and case law reveal some potentially valuable arguments that defense attorneys should keep in their arsenal, says Sarah Sulkowski at Gelber & Santillo.
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Justices Likely To Issue Narrow Ruling In $1.3B Award Dispute
After last week's argument in Devas v. Antrix, the Supreme Court appears likely to reverse the holding that minimum contacts are required before a federal court may exercise personal jurisdiction over a foreign state and remand the case for further litigation on other important constitutional questions, say attorneys at Cleary.Â
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Pleading Rules At Stake In High Court Hamas Banking Case
While a case between victims of Hamas terrorist attacks and a Lebanese bank, recently argued before the U.S. Supreme Court, appears to ask a narrow question of which civil procedure rules apply to requests to reopen final judgments, how the justices rule could drastically change pleading strategies for future plaintiffs, say attorneys at Dorsey & Whitney.
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What's At Stake In High Court Transgender Care Suit
The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.
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Considerations As Trump Admin Continues To Curtail ÃÛÌÒÊÓÆµ
Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.
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6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'
The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.
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NCAA Rulings Signal Game Change For Athlete Classification
A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.
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Copyright Ruling Could Extend US Terminations Worldwide
If upheld on appeal, Vetter v. Resnik, a recent ruling from a Louisiana federal court, could extend the geographical scope of U.S. copyright termination rights to foreign territories, say attorneys at Manatt.
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Recent Cases Clarify FCA Kickback Pleading Standards
Two recently resolved cases involving pharmaceutical manufacturers may make it more difficult for False Claims Act defendants facing kickback scheme allegations to get claims dismissed for lack of evidence, say Li Yu at Bernstein Litowitz, Ellen London at London & Noar, and Gregg Shapiro at Gregg Shapiro Law.