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Appellate

  • 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.

  • June 10, 2025

    3rd Circ. Upholds NFL Case Findings On Censured Atty

    The Third Circuit on Tuesday affirmed a Pennsylvania federal judge's ruling that an attorney representing former NFL players seeking concussion litigation settlement proceeds made "material misrepresentations and omissions" concerning medical records during the claims process, for which he was censured by the lower court.

  • June 10, 2025

    Ayahuasca Church Brings Religious Use Case To DC Circ.

    An Iowa church that seeks to use a psychedelic drug in its rites filed a petition Monday with the D.C. Circuit seeking to compel federal drug enforcers to process an application for a religious exemption to the Controlled Substances Act, which has been pending for over six years.

  • June 10, 2025

    Nev. Pension Plan Urges 9th Circ. To Ax DOJ Military Bias Suit

    Pension credits bought by military service members aren't an accrued benefit under the Uniformed Services Employment and Reemployment Rights Act, Nevada's public employee retirement system argued, urging the Ninth Circuit not to revive the U.S. Department of Justice's suit alleging the state and system overcharged employees for the credits.

  • June 10, 2025

    Amazon Worker Says Military Class Ruling Needs Reopening

    The U.S. Supreme Court declined to weigh in on a case that would have had an impact on a former Amazon employee's request for class status in her military leave suit, the worker told a New York federal court, saying it should reopen her suit and approve class treatment.

  • June 10, 2025

    8th Circ. Mulls If Supervisor's Family Remark Signals Sex Bias

    The Eighth Circuit wondered Tuesday whether a Walmart supervisor's supposed rationale for promoting a male employee to a managerial role — that he had a "family to support" — lends credence to a female former employee's sex discrimination claim over the advancement decision.

  • June 10, 2025

    DHL British Unit On Hook For £3M In Duties, Court Says

    A tax tribunal did not err when it upheld HM Revenue & Custom's decision to deny about £3 million ($4 million) in duty relief to cargo aircraft operated by DHL's British affiliate, a U.K. court said, dismissing the company's appeal.

  • June 10, 2025

    7th Circ. Won't Revive United Workers' Vax Mandate Suit

    A Seventh Circuit panel on Monday affirmed a district court's decision to throw out a lawsuit from former employees challenging United Airlines' COVID-19 vaccination mandate, agreeing that the workers' claims are "either improperly preserved or inadequately pled."

  • June 09, 2025

    2nd Circ. Affirms Dechert's Victory Over Hacking Suit

    The Second Circuit on Monday refused to revive a North Carolina trade executive's lawsuit alleging hacking by a private investigator on Dechert LLP's behalf, ruling in a nonprecedential opinion that a district judge's failure to review disputed portions of a magistrate judge's recommendation to dismiss the suit was ultimately harmless.

  • June 09, 2025

    Man Gets New Trial After Cop Testified To Witness Credibility

    A Florida appeals court reversed a man's conviction on charges of burglary, manslaughter and conspiracy for his alleged role in a home invasion robbery after finding that the court erred in allowing a detective to testify to the credibility of the prosecution's key witness.

  • June 09, 2025

    Mexico Fights $47M Award, Claims Treaty Misinterpreted

    Mexico has urged the D.C. Circuit to overturn a lower court order instructing it to pay a $47 million arbitral award issued to a Canadian lender after Mexican courts failed to halt a purportedly fraudulent scheme that caused the cancellation of loans for three real estate development projects.

  • June 09, 2025

    Colo. Justices Spell Out Burden Of Proof For Gov't Immunity

    The Colorado Supreme Court on Monday articulated for the first time the burden of proof required in tort cases against public entities, ruling that a woman's slip-and-fall claims failed to eclipse Jefferson County's immunity under a state law.

  • June 09, 2025

    Del. Justices Reverse Chancery On Insider Trade Claims

    Citing lower court errors, Delaware's Supreme Court revived on Monday two counts in a Court of Chancery suit alleging that Kraft Heinz Co. insiders with ties to a Brazilian controlling investor sold $1.2 billion worth of shares based on nonpublic information.

  • June 09, 2025

    Florida Will Ask 11th Circ. To Revive Trans Health Suit

    The state of Florida indicated Friday it will ask the Eleventh Circuit to reopen its lawsuit against the U.S. Department of Health and Human Services challenging a rule setting coverage requirements on employers for gender-affirming care, despite the new administration's reversal on the rule.

  • June 09, 2025

    Acadia Win On Parkinson's Drug Patent Upheld By Fed. Circ.

    The Federal Circuit on Monday upheld the validity of an Acadia Pharmaceuticals Parkinson's disease drug patent, saying the result was compelled by double-patenting precedent the court set last year, but generics maker MSN Laboratories has suggested it may seek en banc review.

  • June 09, 2025

    Fed. Circ. Weighs AI Co.'s Standing In Fight With Intel Agency

    Federal Circuit judges grappled Monday with how to define exactly who could challenge the administration of federal contracts, in an en banc hearing of Percipient.ai's suit accusing the National Geospatial-Intelligence Agency of bypassing certain requirements in a 2021 contract with CACI.

  • June 09, 2025

    Carebourn Opposes SEC's Bid To Remand 'Dealer' Case

    Financial firm Carebourn Capital LP on Monday urged the Eighth Circuit to reject the U.S. Securities and Exchange Commission's bid to remand a $12 million unregistered dealer judgment the agency won, arguing the SEC is trying to skirt the case's liability issues.

  • June 09, 2025

    Supreme Court Rejects Highland's Bid For Ch. 11 Shields

    The U.S. Supreme Court on Monday denied a bid by hedge fund Highland Capital Management to continue shielding some of the key parties in its Chapter 11 bankruptcy from liability, leaving in place a Fifth Circuit decision that narrowed a bankruptcy court's "gatekeeping" powers to determine who can be sued.

  • June 09, 2025

    2nd Circ. Weighs Menendez Bail Bid Over Evidence Mishap

    The Second Circuit questioned Monday whether providing excluded evidence to the jury in former U.S. Sen. Bob Menendez's bribery trial is the type of error that can justify bail pending appeal.

  • June 09, 2025

    Okla. Says High Court Shouldn't Skip 10th Circ. PBM Ruling

    Oklahoma told the U.S. Supreme Court the federal government wrongly suggested that the justices bypass the state's challenge to a Tenth Circuit decision nullifying parts of a state law regulating pharmacy benefit managers, arguing Monday that the solicitor general doesn't recognize the magnitude of the issue.

  • June 09, 2025

    Senate Confirms Brett Shumate To Head DOJ Civil Division

    The Senate voted 51-41 along party lines on Monday evening to confirm Brett Shumate to be assistant attorney general for the Civil Division of the U.S. Department of Justice.

  • June 09, 2025

    Patent Suit Against Sirius XM Gets 2nd Fed. Circ. Reprieve

    The Federal Circuit on Monday revived a patent case against satellite radio company Sirius XM for a second time, reversing a lower court's ruling that a German research foundation's five-year delay in alleging infringement meant it was prohibited from pursuing the case.

  • June 09, 2025

    Veteran Appeals VA Discontinuation Of Trans Health Coverage

    A transgender woman urged a veterans appeals court Monday to find that the Veterans Health Administration is wrongly refusing to refill her prescriptions for hormone therapy following a federal notice discontinuing gender-affirming care for veterans.

  • June 09, 2025

    8th Circ. Affirms Travelers Doesn't Owe $1.4M For Wall Failure

    A Missouri property developer can't recover from Travelers $1.4 million for lost rental income and soft costs after a retaining wall failure caused delays at an apartment construction project, the Eighth Circuit ruled Monday.

  • June 09, 2025

    6th Circ. Urged To Revive Suit Over Student Loan Freeze

    A Michigan think tank has urged the Sixth Circuit to revive its challenge to a Biden-era student loan forgiveness program during the COVID-19 pandemic, telling the appellate court that a district judge was wrong to find it didn't have standing.  

Expert Analysis

  • Meta Case Brings Customer-Facing Statements Issue To Fore

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    Now that Facebook v. Amalgamated Bank has returned to California federal court after the U.S. Supreme Court in November found it improvidently granted certiorari, it will be worth watching whether customer-facing communications, such as Facebook's privacy policies, are found to be made in connection with the sale of a security, says Samuel Groner at Fried Frank.

  • A Cold War-Era History Lesson On Due Process

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    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

  • Home Depot Ruling Tolls Death Knell For 'Silent Cyber'

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    The Sixth Circuit's recent ruling that Home Depot's insurers did not have to cover costs from a data breach hammered one more nail in the coffin of silent cyber, where coverage is sought under standard property or commercial general liability policies that were not intended to insure cyberattack claims, say attorneys at Zelle.

  • Series

    Improv Makes Me A Better Lawyer

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    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

  • How BigLaw Executive Orders May Affect Smaller Firms

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    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

  • Texas Case Shows Why Juries Are Well-Suited To COVID Suits

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    The original jury verdict in Baylor College of Medicine v. Lloyd's, currently on appeal to the Texas Supreme Court after being overturned by an appellate panel, illustrates why COVID-19 business interruption claims with their case-specific facts need to be decided by juries, not by judges using a one-size-fits-all approach, says Jeremy Lawrence at Farella Braun.

  • Filial Consortium Claims' Future After Conn. High Court Ruling

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    While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.

  • 4th Circ. Health Data Ruling Opens Door To State Law Claims

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    In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • 2 Del. Rulings Reinforce Proof Needed For Records Demands

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    Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • Series

    Birding Makes Me A Better Lawyer

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    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • Justices May Clarify What IP Competitors In Litigation Can Say

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    If the U.S. Supreme Court agrees to weigh in on Atturo Tire v. Toyo Tire, it may be able to provide guidance on the murky questions surrounding what companies enforcing their intellectual property against competitors are allowed to say in public, say attorneys at Ballard Spahr.

  • How Del. Law Rework Limits Corporate Records Requests

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    Newly enacted amendments to a section of the Delaware General Corporation Law that allows stockholders and beneficial owners to demand inspection of Delaware corporations' books and records likely curtails the scope of such inspections and aids defendants in framing motions to dismiss at the pleading stage, says Jonathan Richman at Brown Rudnick.

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