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Appellate
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June 10, 2025
Chamber Calls On Justices To Hear Auditor Fraud Case
The U.S. Chamber of Commerce is among the parties calling on the U.S. Supreme Court to take up a case accusing BDO USA LLP of securities fraud, telling the justices that allowing a Second Circuit ruling to stand could lead to more lawsuits against accountants, lawyers and underwriters.
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June 10, 2025
Atty Accuses City Of 'Game-y' Tactics In Race Bias Settlement
A North Carolina employment attorney accused the city of Charlotte in federal court Tuesday of being "game-y" by trying to change a Black fire chief's racial bias settlement after both sides agreed to certain terms, saying she wouldn't make him sign something that didn't reflect those promises.
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June 10, 2025
9th Circ. Revives Real Estate Investor Securities Suit, Again
The Ninth Circuit on Tuesday once again revived a proposed securities class action accusing investment guru Grant Cardone of making misleading social media statements to sell interests in his companies' real estate investment funds, holding, among other findings, that the complaint sufficiently alleged Cardone "subjectively disbelieved" certain stated projections.
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June 10, 2025
6th Circ. Probes Ambiguity Of Flagstar Overdraft Contract
A panel of Sixth Circuit appellate judges on Tuesday zeroed in on whether a Flagstar Bank customer had to read and understand an agreement to support claims a contract was ambiguous in her case alleging the bank charged surprise, repeated overdraft fees, noting that there is little benefit to reading an agreement if it's unclear.Â
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June 10, 2025
9th Circ. Says Legal Co.'s $1.7M Chase Check Suit Is Too Late
The Ninth Circuit affirmed a California federal court's ruling dismissing a suit by legal support company Nationwide Legal against JPMorgan Chase, saying its suit claiming Chase Bank acted negligently when it allowed a Nationwide Legal employee to deposit fraudulent checks was time-barred.
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June 10, 2025
ABA 'Surprised And Disappointed' By DOJ Shunning
The American Bar Association on Tuesday defended its long-standing process for reviewing judicial nominees and said Attorney General Pam Bondi was wrong to call the group an "activist organization."
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June 10, 2025
IT Co. Urges 1st Circ. To Affirm It's Blameless For Data Breach
An information security technology company urged the First Circuit on Tuesday to affirm that it isn't liable for a 2018 data breach that exposed confidential information of more than 277,000 of the medical device maker's patients, arguing that the insurer assignee of the device maker had no valid points.
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June 10, 2025
Lindberg Says NC Court Can't Force $1.24M Claim On Fla. Co.
Convicted mogul Greg Lindberg is fighting a New Jersey publisher's bid to collect on a $1.24 million judgment from a holding company in Florida, saying in a brief filed in North Carolina state appellate court that he doesn't hold an interest in the Florida company.
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June 10, 2025
Ga. Justices Rein In Admin Power & 'Unbridled' Election Board
The Supreme Court of Georgia ruled Tuesday that a Trump-allied majority on the state's Election Board overstepped its authority last year when it passed a slew of voting rule changes in the run-up to the 2024 election, discarding 35 years of precedent on the rulemaking powers of administrative government bodies.
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June 10, 2025
Panel Dooms U. Of Washington's COVID-19 Coverage Battle
The University of Washington cannot get coverage from a Liberty Mutual unit for COVID-19-related losses under its all-risk property policy requiring "direct physical loss or damage" to insured property for coverage to be triggered, a Washington state appeals court ruled.
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June 10, 2025
11th Circ. Revives Suit Over 'Summer Waves' TM
The Eleventh Circuit on Tuesday revived a trademark lawsuit that the entity behind a Georgia waterpark launched against an inflatable pool maker over its purported use of the phrase "summer waves," finding a lower court has jurisdiction to hear the case.
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June 10, 2025
State Chief Justices Blast Plans To Cut Legal Services Corp.
A coalition of 37 state Supreme Court chief justices have asked federal lawmakers to reject President Donald Trump's plans to eliminate the Legal Services Corp., arguing that the "justice system is hobbled when citizens are deprived of legal counsel."
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June 10, 2025
9th Circ. Skeptical Oregon Hospital Merger Law Is Too Vague
A Ninth Circuit panel on Monday appeared skeptical of a hospital association's challenge to an Oregon law that grants a state agency broad power to block proposed healthcare consolidations to ensure equitable access to healthcare, with two of the three judges questioning whether federal law could limit the state's authority.
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June 10, 2025
House Conservatives Push Senate To 'Rein In' Judges
House conservatives are imploring their Senate counterparts to do more to "rein in" federal judges with the budget reconciliation package.
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June 10, 2025
Health Records Co. Looks To Toss Patient Data Access Case
PointClickCare is urging a Maryland federal court to toss a case seeking to force the medical records company to allow Real Time Medical Systems to access patient data with automated bots after the Fourth Circuit refused to lift an order requiring access while the case plays out.
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June 10, 2025
Power Co. Asks Justices To Settle Split In Tribal Tax Dispute
Arizona courts were wrong to rule that an energy company located on tribal land is subject to property taxes, the company told the U.S. Supreme Court on Tuesday, urging it to address an "intolerable" state-federal split.
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June 10, 2025
LA Schools Get $30M Death Suit Verdict Nixed On Appeal
A California appeals panel has wiped out a $30 million verdict against the Los Angeles Unified School District in a suit by a mother whose son was killed by an employee during Christmas break 2019, saying state law grants immunity to the district in this instance.
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June 10, 2025
Wash. Justices Unsure About State Bar's Atty Suspension Bid
The Washington Supreme Court seemed split Tuesday on a request from the state bar association to suspend an attorney for failing to cooperate with a misconduct investigation, with several justices flagging the "different story" shared by the respondent lawyer, who claims to have provided all requested information.
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June 10, 2025
Match.com Settles Reverse Spinoff Suit For $30M In Del.
A mediator-recommended, $30 million settlement proposal has tentatively ended a five-year Delaware Court of Chancery stockholder challenge to the fairness of Match.com's 2019 reverse spinoff from the Barry Diller-controlled IAC/Interactive.
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June 10, 2025
10th Circ. Backs DOL Win In Construction Co. Retirement Suit
The Tenth Circuit backed the U.S. Department of Labor's win in an enforcement case against a defunct construction firm and its owner alleging retirement plan mismanagement, ruling Tuesday that a Utah federal court properly ended the case after the defendants' repeated failures to respond to court orders.
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June 10, 2025
Fed. Circ. Keeps Trump Tariffs In Place, Fast-Tracks Appeal
The Federal Circuit on Tuesday granted the federal government's bid to keep President Donald Trump's global tariffs in place while it appeals a U.S. Court of International Trade order striking them down on the grounds that they exceeded the president's authority.
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June 10, 2025
9th Circ. Says Immigration Board Can Review Atty Failure
The Ninth Circuit ruled Tuesday that the Board of Immigration Appeals failed to adequately explain its conclusion that it couldn't review a Chinese man's claims of ineffective counsel before the appeals court.
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June 10, 2025
4th Circ. Backs Contract Verdict Against Turkish Weapons Co.
The Fourth Circuit on Tuesday rejected a Turkish military supplier's appeal in a case where a Virginia federal jury found that it owed $720,000 for breaching a 2019 agreement between it and a U.S. importer.
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June 10, 2025
Mo. Verdict Winner Urges Justices To Deny Roundup Appeal
A Missouri man awarded $1.2 million for a failure-to-warn claim alleging Roundup weed killer caused his cancer urged the U.S. Supreme Court to deny Monsanto's petition for review, saying the company is only trying to avoid liability.
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June 10, 2025
Pandemic Law Doesn't Protect Mich. Hospital In Bedsore Case
A Michigan appellate court has revived a lawsuit filed by the estate of an 88-year-old woman who died after developing a bedsore during the COVID-19 pandemic, finding that a state law shielding hospitals from pandemic liability didn't apply because the woman wasn't treated for the virus.
Expert Analysis
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Crisis Management Lessons From The Parenting Playbook
The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.
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High Court's Ruling May Not Stop Ghost Gun Makers
In Bondi v. VanDerStok, a majority of the U.S. Supreme Court ruled that the Gun Control Act applies to untraceable "ghost gun" kits under certain circumstances — but companies that produce these kits may still be able to use creative regulatory workarounds to evade government oversight, says Samuel Bassett at Minton Bassett.
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Justices' Labcorp Questions Explore Class Cert. Tensions
At the recent oral argument before the U.S. Supreme Court in Laboratory Corporation of America Holdings v. Davis, the justices' questioning highlighted a fundamental tension between constitutional standing requirements, the procedural framework of Rule 23, and the practical challenges of managing large, diverse classes in complex litigation, say attorneys at Winston & Strawn.
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Immunity Waiver Ruling A Setback For Ch. 7 Trustees
While governmental units should welcome the U.S. Supreme Court's recent decision in U.S. v. Miller restricting the reach of the Bankruptcy Code's sovereign immunity waiver, Chapter 7 trustees now have a limited ability to maximize bankruptcy estates, says Dan Prieto at Jones Day.
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Wash. Justices' Moonlight Ruling Should Caution Employers
The Washington Supreme Court's recent decision in David v. Freedom Vans, which limited when employers can restrict low-wage workers from moonlighting, underscores the need for employers to narrowly tailor restrictive covenants, ensuring that they are reasonable and allow for workforce mobility, say attorneys at Perkins Coie.
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What To Watch For As High Court Mulls NRC's Powers
If successful, Texas’ challenges to the U.S. Nuclear Regulatory Commission’s authority — recently heard by the U.S. Supreme Court and currently pending before a Texas federal court — may have serious adverse consequences for aspiring NRC licensees, including potential nuclear power plant operators, say attorneys at Haynes Boone.
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Series
Adapting To Private Practice: From NY Fed To BigLaw
While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.
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Calif. Smoke Claim Ruling Gives Insurers Support On Denials
Far from being an outlier among ash, soot and smoke coverage cases, a California appellate court's recent opinion in Gharibian v. Wawanesa General Insurance reinforces the principle that policyholders must establish entitlement to coverage as a threshold matter, while supporting denials of coverage for meritless claims, says Kyle Espinola at Zelle.
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Cos. Face Enviro Justice Tug-Of-War Between States, Feds
The second Trump administration's sweeping elimination of environmental justice policies, programs and funding, and targeting of state-level EJ initiatives, creates difficult questions for companies on how best to avoid friction with federal policy, navigate state compliance obligations and maintain important stakeholder relationships with communities, say attorneys at Arnold & Porter.
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Top 3 Litigation Finance Deal-Killers, And How To Avoid Them
Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.
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5th Circ. Ruling Is Latest Signal Of Shaky Qui Tam Landscape
In his recent concurring opinion in U.S. v. Peripheral Vascular Associates, a Fifth Circuit judge joined a growing list of jurists suggesting that the False Claims Act's whistleblower provisions are unconstitutional, underscoring that acceptance of qui tam relators can no longer be taken for granted, say attorneys at Miller & Chevalier.
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How Attys Can Use A Therapy Model To Help Triggered Clients
Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.
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Tracking The Evolution Of Liability Management Exercises
As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.
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Navigating Florida's Bad Faith Reforms After Appellate Ruling
A Florida appellate court's recent decision is among the first to interpret two significant amendments to the state's insurance bad faith law, and its holding that one of the statutes could not apply retroactively may affect insurers' interpretation of the other statute, say attorneys at Cozen O'Connor.
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3 Steps For In-House Counsel To Assess Litigation Claims
Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.