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Appellate

  • May 21, 2025

    ITC Wants Full Fed. Circ. To Rehear Lashify Dispute

    The U.S. International Trade Commission wants the Federal Circuit to rethink its finding that the commission was wrongly prohibiting domestic expenses related to sales, marketing and other activities from allowing companies to pursue ITC patent cases.

  • May 21, 2025

    'Only God Knows My Name': 11th Circ. OKs Doe's Conviction

    The 11th Circuit on Wednesday affirmed the conviction of a man who refused to be identified by immigration officials, saying, "Only God knows my name," ruling the lower court correctly held the criminal statute he was charged under applied to him although it couldn't prove he lawfully entered the country. 

  • May 21, 2025

    Immigrant Groups Appeal Denied Bid To Halt IRS-ICE Deal

    Immigrant advocacy groups on Wednesday appealed a D.C. federal judge's order denying their bid to block the IRS from sharing taxpayer data with immigration enforcement agencies, with their counsel warning "it will be too late" once the information is shared.

  • May 21, 2025

    Airplane Parts Cos. Urge NC Justices To Revive Crash Appeal

    A pair of airplane parts makers urged the North Carolina Supreme Court on Wednesday to bring back their appeal seeking to dismiss claims brought against them over a fatal 2015 plane crash, arguing the state justices should clarify when interlocutory appeals are warranted and correct what they called "patently wrong" reasoning at the lower courts.

  • May 21, 2025

    Full Fed. Circ. Undoes $20M Google Loss, Orders New Trial

    The full Federal Circuit on Wednesday ordered a new damages trial in a case where a jury told Google LLC to pay $20 million for infringing an EcoFactor Inc. thermostat patent, ruling that the testimony of EcoFactor's damages expert was unreliable and should not have been admitted.

  • May 21, 2025

    Mich. Justices Won't Hear Hotels' Water Rate Appeal

    The Michigan Supreme Court on Wednesday declined to review a Michigan town's water and sewer rates, rejecting an appeal from a group of hotels and restaurants that alleged a rate hike was an unconstitutional tax.

  • May 21, 2025

    11th Circ. Blocks Fla. Credit Union's Arbitration Bid In Fee Suit

    The Eleventh Circuit on Wednesday denied a Florida credit union's bid to force arbitration in a proposed class action alleging it wrongly charged overdraft fees, saying its checking account agreements didn't require the parties to settle the case out of court.

  • May 21, 2025

    Court Won't Revive Mental Health Class Suit Against Fla. Blue

    A Florida appeals court Wednesday declined to revive a proposed class suit by state employees enrolled in a Blue Cross and Blue Shield of Florida healthcare plan alleging the insurer designed a claims process to obstruct approval and payment of claims for mental health care.

  • May 21, 2025

    Pa. Justices To Mull State DOT Liability For Hanging Branches

    The Pennsylvania Supreme Court will decide if the state Department of Transportation should be immune to wrongful-death claims stemming from a large tree branch that overhung a PennDOT road but grew from a tree on land owned by the Southeastern Pennsylvania Transportation Authority, the court announced Wednesday.

  • May 21, 2025

    Democrats Wary of Nominees' Pledge To Honor Court Orders

    Nominees for top roles at the U.S. Department of Justice and the U.S. Department of Homeland Security fended off questions from Democrats on Wednesday about the Trump administration's willingness to defy court orders and pledged that the White House would at least follow rulings of the Supreme Court.

  • May 21, 2025

    NRA Asks Justices To End Fla.'s Age Limit On Gun Sales

    The National Rifle Association is taking its fight against Florida's prohibition on gun sales to anyone under 21 up to the U.S. Supreme Court, telling the justices that a circuit split makes the Eleventh Circuit's March decision upholding the ban ripe for review.

  • May 21, 2025

    DOGE Seeks High Court's Help In Ducking FOIA Discovery

    The Department of Government Efficiency asked the U.S. Supreme Court on Wednesday to halt discovery into whether it's an agency subject to Freedom of Information Act requests, arguing a Washington, D.C., federal judge has improperly authorized a "fishing expedition" into the internal workings of a presidential advisory entity.

  • May 21, 2025

    Clerk Shouldn't Have Deemed Injury Suit Late, Pa. Court Rules

    The Pennsylvania Superior Court ruled in a precedential opinion that a county prothonotary clerk did not have the authority to reject an injury lawsuit against a resort as lacking the proper signatures or as untimely after the filing sat in the courthouse for five days, with the appellate court reviving the case for further proceedings.

  • May 21, 2025

    NC Panel Sides With County In Builder's Service Fee Spat

    North Carolina's intermediate appeals court on Wednesday backed a county's interpretation of an ordinance allowing it to collect water service fees from a homebuilder, reasoning that the builder's residential neighborhood is a "new development" subject to the law.

  • May 21, 2025

    11th Circ. Lets Man Seek Rare Writ To Fight $21M Restitution

    A former payroll director serving time for defrauding hospitals in an employment tax scheme can challenge his $21 million restitution by pursuing a rare legal remedy, the Eleventh Circuit ruled, saying the fact that he's in custody doesn't make him ineligible to apply.

  • May 21, 2025

    Fed. Circ. Rules 'Vetements' Generic, Bars Clothing TM

    The Federal Circuit affirmed the denial of trademark registrations for "Vetements" for clothes, saying in a precedential opinion Wednesday that because the word means clothing in French, the applied-for marks are generic and therefore can't be registered.

  • May 21, 2025

    Democracy Forward Adds Another Ex-DOJ Hand

    Legal advocacy group Democracy Forward has added a former deputy associate U.S. attorney general and co-chair of the Supreme Court and appellate practice at WilmerHale to its ranks of former U.S. Department of Justice litigators.

  • May 21, 2025

    Fla. Atty Says NC Bar Has No Power To Discipline Him

    A Florida attorney facing claims he filed a baseless suit to collect attorney fees for his former firm from a pair of intellectually disabled brothers whom his ex-partner defrauded told the North Carolina state appeals court that the state bar has no jurisdiction to bring an enforcement action against him.

  • May 20, 2025

    'Not A Denny's': 5th Circ. Judge Chides High Court Stopwatch

    The Fifth Circuit on Tuesday expedited a case brought by Venezuelans who are accused of being gang members and who are challenging the use of a 1798 wartime law to deport them to an El Salvador prison, with one judge chastising the U.S. Supreme Court's majority for allowing the appeal to move forward.

  • May 20, 2025

    Subpoena For Alleged Trans Care Must Stand, Texas Says

    A Texas appeals court on Tuesday pressed the state to explain why the principle of sovereign immunity should stop patients who potentially received gender affirming care from trying to block a subpoena, saying during oral arguments a challenge to a subpoena seems to fall outside sovereign immunity.

  • May 20, 2025

    Barclays Officials Beat Shareholder's Suit At NY High Court

    New York's highest court on Tuesday rejected arguments that current and former officials of London-based Barclays PLC can be sued under New York law over a series of scandals that have rocked the bank, a decision that sparked rebuke from the court's chief judge.

  • May 20, 2025

    Split 5th Circ. Clears Ex-Texas Tech Dean In Free Speech Suit

    A split Fifth Circuit panel ruled Tuesday that the qualified immunity doctrine shields a former Texas Tech University business school dean from First Amendment claims brought by a professor who alleged he was retaliated against for his anti-tenure views, while a dissenting judge criticized the majority for their truncated qualified-immunity analysis.

  • May 20, 2025

    4th Circ. Says Suit Over Copter Pilot's Death Must Go To Jury

    The Fourth Circuit has reinstated a lawsuit by the widow of a crop-dusting pilot who crashed after his helicopter became tangled in a steel cable stretched over the property, ruling in a published opinion issued Monday that a jury must be the one to decide whether the landlord should have known that the wire posed a danger to the pilot.

  • May 20, 2025

    DC Circ. Won't Revive Okla. Tribe's Creek Land Dispute

    The D.C. Circuit on Tuesday affirmed the dismissal of an Oklahoma tribe's challenge to a decision that rejected its proposed liquor ordinance in a dispute over shared jurisdiction with the Muscogee (Creek) Nation, agreeing with the district court that the complaint failed to identify a valid cause of action that entitles relief.

  • May 20, 2025

    Dem Lawmakers Reintroduce Supreme Court Ethics Bill

    Two Democratic lawmakers on Tuesday reintroduced bills in the House and Senate that would require the U.S. Supreme Court to adopt a binding ethics code and create new recusal and disclosure standards for the nine justices.

Expert Analysis

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • More Environmental Claims, More Greenwashing Challenges

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    As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.

  • Calif. Cannabis Decision Deepens Commerce Clause Divide

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    In Peridot Tree v. Sacramento, the Eastern District of California joined a growing minority of courts that have found the dormant commerce clause inapplicable to state-regulated marijuana, and the Ninth Circuit will soon provide important guidance on this issue, say attorneys at Perkins Coie.

  • 4 Employment Law Areas Set To Change Under Trump

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    President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.

  • A Defendant's Guide To 4 Common ÃÛÌÒÊÓÆµ Discovery Tactics

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    With the Consumer Financial Protection Bureau's recent flurry of new lawsuits showing no signs of stopping, defendants should know the bureau's most relied-upon discovery strategies — and be prepared to resist them, say attorneys at Goodwin.

  • What Employment Bias Litigation Looks Like After Muldrow

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    Nine months after the U.S. Supreme Court created an undemanding standard for discrimination claims in Muldrow v. St. Louis, Eric Schnapper at the University of Washington discusses how the Title VII litigation landscape has changed and what to expect moving forward.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2024

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.

  • Royal Canin Ruling Won't Transform Removal Jurisdiction

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    The U.S. Supreme Court's ruling in Royal Canin USA v. Wullschleger means that federal district courts must now remand whenever an amended complaint excises grounds for federal jurisdiction — but given existing litigation strategy and case law trends, this may ultimately preserve, rather than alter, the status quo, say attorneys at Norton Rose.

  • Class Actions At The Circuit Courts: Nov. And Dec. Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.

  • Mentorship Resolutions For The New Year

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    Attorneys tend to focus on personal achievements or career milestones when they set yearly goals, but one important area often gets overlooked in this process — mentoring relationships, which are some of the most effective tools for professional growth, say Kelly Galligan at Rutan & Tucker and Andra Greene at Phillips ADR.

  • Algorithm Price-Fixing Ruling May Lower Antitrust Claims Bar

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    A Washington federal court's refusal to dismiss Duffy v. Yardi Systems, an antitrust case over rent prices allegedly inflated by revenue management software, creates an apparent split in the lower courts over how to assess such claims, say attorneys at Morgan Lewis.

  • What Insurers Should Know About AI Use In Litigation

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    As the use of artificial intelligence in litigation evolves, insurers should note standing court orders, instances of judges utilizing AI to determine policy definitions and the application of evidentiary standards to expert evidence that incorporates AI, says Sarah Abrams at Baleen Specialty.

  • Series

    Coaching Little League Makes Me A Better Lawyer

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    While coaching poorly played Little League Baseball early in the morning doesn't sound like a good time, I love it — and the experience has taught me valuable lessons about imperfection, compassion and acceptance that have helped me grow as a person and as a lawyer, says Alex Barnett at DiCello Levitt.

  • UK Lawyers Can Access Broad US Discovery To Win Cases

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    Given its breadth, U.S. discovery can be a powerful tool in litigation in the U.K. and other jurisdictions outside the U.S., and a survey of recent cases indicates that discovery requests made in the U.S. are likely to be granted — with many applications even proceeding without contest, say lawyers at Miller & Chevalier.

  • 7 Employment Contracts Issues Facing DOL Scrutiny

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    A growing trend of U.S. Department of Labor enforcement against employment practices that limit workers' rights and avoid legal responsibility shines a light on seven unique contractual provisions that violate federal labor laws, and face agressive litigation from the labor solicitor, says Thomas Starks at Freeman Mathis.

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