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Appellate

  • August 01, 2025

    4th Circ. Says Richmond PD Bias Claims Can't Sink Indictment

    The Fourth Circuit on Friday restored a federal grand jury indictment against a driver who fled police in Richmond, Virginia, finding a district court overstepped in blaming purported racial bias by the Richmond Police Department for the otherwise justifiable traffic stop.

  • August 01, 2025

    US Defends Bulk Denial Of Worker Credits At 9th Circ.

    An Arizona federal court was right to deny a request by tax services firms to stop the IRS from issuing batch denials of thousands of pandemic-era worker credit claims, the U.S. told the Ninth Circuit, defending the agency's system for handling problems administering the tax credit.

  • August 01, 2025

    7th Circ. Backs Prison Warden's Firing Over Facebook Memes

    The Seventh Circuit has refused to revive a deputy prison warden's suit claiming he was terminated in retaliation for sharing memes online denigrating Muslims, Black people, liberals and the LGBTQ community and calling the Confederate flag "our flag," saying the corrections department's interest as a public employer outweighs his speech interests.

  • August 01, 2025

    Fed. Circ. Won't Move Fintiv, Apple Trial Date

    The Federal Circuit on Friday denied Fintiv Inc.'s request to delay its Monday trial against Apple over a patent for storing virtual credit cards on mobile devices for contactless payments.

  • August 01, 2025

    Ill. Court Finds Labor Board Erred In Supervisor Status Case

    An Illinois appeals court has reversed a state labor panel's decision adding workers at Illinois State University to an existing bargaining unit represented by an American Federation of State, County & Municipal Employees council, saying the panel ignored precedent on which workers are union-ineligible supervisors. 

  • August 01, 2025

    4 Argument Sessions Benefits Attys Should Watch In August

    The Ninth and Eleventh circuits in August will hear from employers fighting trial court decisions refusing to kick proposed class actions alleging ERISA violations into individual arbitration. Here's a look at four coming oral argument sessions that should be on benefits lawyers' radar.

  • August 01, 2025

    Mass. Judge Can't Dismiss Assault Case Via Sanction

    A Massachusetts appeals court has determined that a trial court judge abused her discretion in dismissing an assault and battery case with prejudice as the result of a sanction on the prosecution for dragging its feet in discovery.

  • August 01, 2025

    6th Circ. Upholds Michigan Ban On Drone-Assisted Hunting

    The Sixth Circuit upheld a Michigan law that prohibits the use of drones for hunting, finding the state has a compelling reason to manage wildlife hunts despite the free speech objections lodged by the plaintiffs.

  • August 01, 2025

    EPA Beats Coolant Cos.' Challenge To HFC Regs

    The D.C. Circuit on Friday rejected refrigerant companies' challenges to a law requiring the U.S. Environmental Protection Agency to phase down the use of hydrofluorocarbons and said the cap-and-trade program implementing the law was based on sound methodology.

  • August 01, 2025

    NY Law Mandating Judicial Fine Declared Unconstitutional

    A New York state appeals court has declared unconstitutional a statute that mandates a judge forfeit $1,000 to a plaintiff if the judge refuses to issue a writ of habeas corpus.

  • August 01, 2025

    9th Circ. Pauses Google Play Store Order In Antitrust Row

    The Ninth Circuit on Friday granted Google's same-day request for an emergency administrative pause on a looming deadline to open up the tech giant's Play Store to alternative app distribution after the appellate court upheld a landmark antitrust win for Epic Games.

  • August 01, 2025

    NC Atty Says Ex-Wife Has No Claim To Firm's Future Earnings

    An intellectual property lawyer in North Carolina told the state's top court that his ex-wife isn't entitled to half the value of his law firm in their divorce, arguing that whatever he earns from the firm's goodwill in the future can't be divvied up as part of the marital estate.

  • August 01, 2025

    Fed. Circ. Backs PTAB Ax Of Claims In Network Speed Patents

    The Federal Circuit on Friday affirmed a handful of Patent Trial and Appeal Board decisions that found claims across four patents on increasing network communication speed owned by Israeli tech company Bright Data were invalid.

  • August 01, 2025

    3rd Circ. Says Jury Doesn't Need Experts For Sig Sauer Suit

    A U.S. Immigration and Customs Enforcement agent who was accidentally shot in the leg does not need expert testimony to make his case that a defective gun design was the cause of his injury, since a layperson could draw their own conclusions once they understood the underlying mechanisms, a Third Circuit panel said Friday.

  • August 01, 2025

    4th Circ. Says Court Can Hear Asbestos Spinoff's Ch. 11

    The Fourth Circuit Friday found Georgia-Pacific asbestos unit Bestwall can stay in Chapter 11, saying a debtor's financial status has no bearing on whether a bankruptcy court has jurisdiction over its case.

  • August 01, 2025

    Hyundai, Kia Can't Get Rehearing On Cities' Car Theft MDL

    The Ninth Circuit won't hold an en banc rehearing on an appeal from Hyundai Motors America Inc. and Kia America Inc. seeking to dismiss negligence claims by cities in three of seven states in multidistrict litigation over their alleged failure to install anti-theft technology in millions of vehicles.

  • August 01, 2025

    Widow Can't Be Spared Husband's Tax Debt, 11th Circ. Affirms

    A widow is not entitled to innocent spouse relief from tax debt she shared with her husband because the underlying income belonged to her, the Eleventh Circuit said, affirming a U.S. Tax Court ruling and skirting an additional challenge to job protections for judges.

  • July 31, 2025

    Appeals Court Resurrects DC's Privacy Suit Against Facebook

    A Washington, D.C., appeals court Thursday revived a lawsuit from the district's attorney general accusing Facebook of misleading users about how their data could be shared with Cambridge Analytica and other third-party apps, finding the lower court relied on too high an evidence standard in axing the claims.

  • July 31, 2025

    Justices Told State Med Mal Laws Fly In Federal Court

    A Delaware federal court must apply a state statute requiring an expert affidavit in all medical malpractice suits, a hospital defendant told the U.S. Supreme Court, as key aspects of the Delaware law and similar statutes in 28 other states "should not be checked at the federal courthouse doors."

  • July 31, 2025

    NY Court Tosses 10-Year Sentence After Illegal Arrest

    A homeless man sentenced to 10 years in prison for assaulting and trying to rob a woman in Manhattan had his conviction vacated Thursday when a New York appeals court said evidence against him never should have been allowed in court since it was gained via his illegal arrest.

  • July 31, 2025

    11th Circ. Says 'Urban Cowboy' Can Amend Taken Horses Suit

    A divided Eleventh Circuit on Thursday granted a Georgia man whose horses were seized by Atlanta-area authorities a fresh shot at amending a lawsuit over the seizure, with the majority saying the lower court wrongly found that amending the suit was futile under the Fifth Amendment's takings clause.

  • July 31, 2025

    3rd. Circ. Lets Khalil Remain Free During Feds' Appeal

    The Third Circuit denied the Trump administration's request to fully stay a district court order releasing pro-Palestinian activist Mahmoud Khalil from immigration detention, ruling that the federal government failed to show it would be irreparably harmed without a stay.

  • July 31, 2025

    Georgia Court Panel Revives Woman's Bus Injury Suit

    A commuter who filed a personal injury lawsuit against an Atlanta-area bus company two years and two days after she was injured did not run afoul of Georgia's statute of limitations, a state appeals court ruled on Thursday, saying the law gives plaintiffs additional time when the last day would technically fall on a weekend.

  • July 31, 2025

    Sex Abuse Verdict Tossed Because Jury Wasn't Sworn In

    A Michigan man will be given a new trial after a split state appeals panel on Thursday found that because a trial judge failed to swear in the jury that convicted him of criminal sexual conduct, a structural error occurred with the proceeding.

  • July 31, 2025

    Colo. Court Affirms Stalking Conviction In 'True Threat' Case

    The Colorado Court of Appeals on Thursday declined to overturn the stalking and harassment convictions of a man who claimed his threatening emails to a police officer were protected First Amendment speech.

Expert Analysis

  • Series

    Florida Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of 2025 saw the Trump administration's crypto-forward approach permeate the banking industry, including Florida banking institutions, and a Fourth District Court of Appeal decision provide a new precedent for borrower/lender standing, say attorneys at Kozyak Tropin.

  • 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.

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