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Appellate

  • July 17, 2025

    6th Circ. Says VA Nurse's Firing Wasn't Motivated By Age

    The Sixth Circuit on Thursday upheld the dismissal of a former Veterans Affairs nurse's age discrimination suit, finding that the worker was fired for repeatedly flouting her supervisor's instructions rather than because of age discrimination.

  • July 17, 2025

    Mass. Appeals Court Affirms Toss Of Cell Tower Challenge

    A Massachusetts intermediate appellate court affirmed the dismissal of a challenge to permits for a cell tower in the town of Essex, in an unpublished decision Wednesday.

  • July 17, 2025

    4th Circ. Orders New Trial After Doc Acquitted In Fraud Case

    A Fourth Circuit panel ordered a new trial for a doctor who received a judge's acquittal after a jury found him guilty of alleged healthcare fraud, finding that the jury had sufficient evidence to convict, but the case was "close," and the district court was correct in hedging and allowing another shot at the case.

  • July 17, 2025

    5th Circ. Won't Reinstate Fired Officer's Age Bias Fight

    The Fifth Circuit refused to reopen a former deputy constable's lawsuit alleging that a Texas county fired him because he was a middle-aged man, ruling Thursday that it found no reason to disturb a lower court's dismissal of the case.

  • July 17, 2025

    Firm Seeks NC Top Court's Take On Ex-Partner's Benefits Fight

    Cranfill Sumner LLP asked North Carolina's top court on Thursday to take up its case challenging a former partner's workers' compensation award, saying a lower court made a mistake in ruling his equity stake in the firm doesn't offset the amount he's owed.

  • July 17, 2025

    Banning Of Courtroom Snoozer Prompts New NY Murder Trial

    A man convicted of murder in Queens will get a new trial, a New York appeals court has ruled, finding that because his friend was permanently barred from watching the proceedings after falling asleep in court, the defendant was denied his Constitutional right to a public trial.

  • July 17, 2025

    IRS Leaker Asks DC Circ. To Bar Comments By Ex-Employer

    A tech worker appealing a five-year sentence for leaking tax returns while on the job at the IRS through contractor Booz Allen asked the D.C. Circuit on Thursday to block his former employer from weighing in, saying the company's opinion that he should finish his prison term is irrelevant.

  • July 17, 2025

    Neb. Asks Justices To Resolve River Dispute With Colo.

    Nebraska is asking the U.S. Supreme Court to resolve its claims that Colorado is failing to deliver water from the South Platte River according to the terms of an early 20th-century compact.

  • July 17, 2025

    Calif. Supreme Court Won't Look At Meal-Break Waivers

    The California Supreme Court declined to weigh in on a case in which veterinarians claimed that the prospective waivers from state meal-break requirements that an operator of veterinary hospitals rolled out were illegal, leaving undisturbed a panel's decision in favor of the hospitals.

  • July 17, 2025

    6th Circ. Says Axed Expert Reports Doom Hip Implant Suit

    The Sixth Circuit has sided with a medical device maker in a lawsuit brought by a man who alleged a component of his hip implant was faulty due to a manufacturing defect, saying the lower court correctly excluded his experts for their lack of knowledge about the surgery or the company's manufacturing processes.

  • July 17, 2025

    5th Circ. Affirms Nix Of Doctor's Captive Insurance Deductions

    The owner of a Texas urgent care network is not entitled to $1 million in tax deductions for insurance premiums he paid to inside companies, the Fifth Circuit ruled, affirming the U.S. Tax Court's decision that the payments were not actually for insurance.

  • July 17, 2025

    Trouble Interpreting Nonverbal Witness Dooms Murder Verdict

    Massachusetts' highest court on Thursday found that a man convicted of murder is entitled to a new trial because a key witness against him is nonverbal and interpreters were not able to effectively communicate with her while she was on the stand.

  • July 17, 2025

    Ga. Litigator Turned Appeals Judge Named As State Justice

    Georgia Gov. Brian P. Kemp on Thursday announced his appointment of a Georgia Court of Appeals Judge as the next state Supreme Court justice, turning to a judge who dissented from an opinion to disqualify a district attorney in an election interference case against President Donald Trump and others.

  • July 17, 2025

    Iowa Church Says DEA Can't 'Pocket Veto' Drug Exemption

    An Iowa church is asking the D.C. Circuit to force the Drug Enforcement Administration to rule on an application it filed more than six years ago for a religious exemption to use a psychedelic in its services, saying the DEA shouldn't be allowed to "pocket veto" the application and leave the church hanging.

  • July 17, 2025

    Dems Walk Out On Vote Of Emil Bove For 3rd Circ.

    The Democrats on the Senate Judiciary Committee walked out of the vote on Emil Bove's Third Circuit nomination on Thursday morning after Sen. Cory Booker, D-N.J., accused committee chair Sen. Chuck Grassley, R-Iowa, of subverting committee rules by not acknowledging his request to speak and rushing through the nomination.

  • July 17, 2025

    Watchdog Raises Concerns On 9th Circ. Nominee's Crypto Work

    President Donald Trump's nominee for the Ninth Circuit has a long record of representing cryptocurrency companies, which a watchdog group fears could aid what it calls the president's "self-enrichment" with digital currency.

  • July 16, 2025

    11th Circ. Nixes Walmart Win, Backs ALJ Removal Restriction

    The Eleventh Circuit on Wednesday ruled in a published opinion that a removal restriction for administrative law judges is constitutional, reversing Walmart's win in a lawsuit that had blocked a chief administrative law judge from deciding on immigration-related complaints against the hypermarket company.

  • July 16, 2025

    Dallas Beats Suit By Motorist Hit By Police Car

    Sovereign immunity shields municipalities in instances where their police officers run red lights with their warning sirens off during emergency calls, according to a Texas appeals court, which ruled against a motorist who was hit by a Dallas police patrol vehicle.

  • July 16, 2025

    Pittsburgh Defense Atty Suspended After Soliciting 'Teen' Decoy

    A Pittsburgh criminal defense attorney agreed to have his law license suspended after he was convicted and sentenced to up to seven years in state prison for soliciting sex from what he thought was a 15-year-old girl, according to an order filed Wednesday with Pennsylvania's Supreme Court.

  • July 16, 2025

    4th Circ. Upends Gated Community's Win In Fair Housing Row

    The owner of several assisted-living group homes for seniors won a second chance Tuesday to press claims that his Maryland gated community is illegally refusing to let him open a new home there, with the Fourth Circuit ruling that a reasonable jury could find violations of the federal Fair Housing Act.

  • July 16, 2025

    8th Circ. Sends Part Of OptumRx Pricing Fight To Arbitration

    The Eighth Circuit partially reversed a ruling Wednesday that denied pharmacy benefits manager OptumRx's bid to send a drugstore's proposed class action over generics prescription reimbursements to arbitration, finding that OptumRx waived arbitration as to three claims, but an arbitrator must decide the fate of two recently pleaded claims.

  • July 16, 2025

    Nonprofits Taking Immigrant Legal Aid Fight To DC Circ.

    Nonprofit groups that are trying to stop the U.S. Department of Justice from cutting off funding to four programs that provide legal information to noncitizens are taking their fight with the Trump administration to the D.C. Circuit after a federal judge killed their lawsuit.

  • July 16, 2025

    Pharmacy Benefit Managers Say Ohio Can't Recast Suit

    The state of Ohio can't "recast its complaint on appeal" in order to convince the Sixth Circuit that its enforcement suit accusing two pharmacy benefit managers of working to raise the cost of prescription drugs belongs in state court, those managers have told the appellate court.

  • July 16, 2025

    Trump Taps Ex-Thomas, Kavanaugh Clerk For 3rd Circ.

    President Donald Trump announced on social media Wednesday that he has chosen a Catholic University of America law professor, who is currently serving in the White House Counsel's office and has clerked for U.S. Supreme Court Justices Clarence Thomas and Brett Kavanaugh, to serve on the Third Circuit.

  • July 16, 2025

    2nd Circ. Backs Argentina In Bondholders' $360M Debt Suit

    Argentine debtholders claiming the country owes them more than $360 million in improperly withheld payments lost their case before the Second Circuit on Wednesday, which ruled that the bonds' governing documents prohibited the lawsuits.

Expert Analysis

  • Age Bias Suit Against Aircraft Co. Offers Lessons For Layoffs

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    In Raymond v. Spirit AeroSystems Holdings, an aircraft maker's former employees recently dismissed their remaining claims after the Tenth Circuit rejected their nearly decade-old collective action alleging age discrimination stemming from a 2013 reduction in force, reminding employers about the importance of carefully planning and documenting mass layoffs, say attorneys at Cooley.

  • Trade Secrets Would Likely See Court Protection From GenAI

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    The advent of generative artificial intelligence has given rise to debate about how this technology will affect intellectual property rights and trade secret protections in particular, but courts to date have protected owners when technological advances have facilitated new means for trade secret theft, say attorneys at Kilpatrick Townsend.

  • How Mass Arbitration Defense Strategies Have Fared In Court

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    As businesses face consumers who leverage arbitration agreements to compel mass arbitration, companies are trying defense strategies like batching arbitration cases to reduce costs, and escaping specific mass arbitrations without rejecting the process completely, with varying results in the courtroom, say attorneys at Montgomery McCracken.

  • FTC Focus: Interlocking Directorate Enforcement May Persist

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    Though the Federal Trade Commission under Chair Andrew Ferguson seems likely to adopt a pro-business approach to antitrust enforcement, his endorsement of broader liability for officers or directors who illegally sit on boards of competing corporations signals that businesses should not expect board-level antitrust scrutiny to slacken, says Timothy Burroughs at Proskauer.

  • How Cos. Can Navigate Risks Of New Cartel Terrorist Labels

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    The Trump administration’s recent designation of eight drug cartels as foreign terrorist organizations gives rise to new criminal and civil liabilities for companies that are unwittingly exposed to cartel activity, but businesses can mitigate such risks in a few key ways, say attorneys at Steptoe.

  • Mass. Suit Points To New Scrutiny For Home Equity Contracts

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    The Massachusetts attorney general’s recent charge that a lender sold unregulated reverse mortgages shows more regulators are scrutinizing mortgage alternatives like home equity contracts, but a similar case in the Ninth Circuit suggests more courts need to help develop a consensus on these products' legality, say attorneys at Weiner Brodsky.

  • Bid Protest Spotlight: Size, Supply Schedules, SINs

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    In this month's bid protest roundup, Alissandra McCann at MoFo examines three recent decisions, two of which offer helpful reminders for U.S. General Services Administration schedule holders drafting blanket purchase agreement proposals, and one for small-business joint ventures to avoid running afoul of the U.S. Small Business Administration's two-year rule.

  • 4th Circ. Latest To Curb Short-Seller Usage In Securities Suits

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    The Fourth Circuit's recent decision in Defeo v. IonQ will serve as a powerful and persuasive new precedent for corporate defendants as courts continue curtailing securities class action plaintiffs' use of short-seller reports to plead federal securities law claims, say attorneys at Alston & Bird.

  • Perspectives

    Reading Tea Leaves In High Court's Criminal Law Decisions

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    The criminal justice decisions the U.S. Supreme Court will announce in the coming weeks will reveal whether last term’s fractured decision-making has continued, an important data point as the justices’ alignment seems to correlate with who benefits from a case’s outcome, says Sharon Fairley at the University of Chicago Law School.

  • 8 Strategies For Proving The Laws Of Foreign Countries

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    A recently decided case in Virginia federal court highlighted some of the pitfalls surrounding expert testimony on foreign law, but certain strategies are available to counsel to circumvent these dilemmas, say attorneys at Arnold & Porter.

  • $38M Law Firm Settlement Highlights 'Unworthy Client' Perils

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    A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.

  • Hints Of Where Enforcement May Grow Under New ÃÛÌÒÊÓÆµ

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    Though the Consumer Financial Protection Bureau has significantly scaled back enforcement under the new administration, states remain able to pursue Consumer Financial Protection Act violators and the ÃÛÌÒÊÓÆµ seems set to enhance its focus on predatory loans to military members and fraudulent debt collection and credit reporting practices, say attorneys at MoFo.

  • Series

    Teaching Business Law Makes Me A Better Lawyer

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    Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.

  • Jurisdictional Issues At Play In 9th Circ.'s FCA Trade Case

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    A decision by the Ninth Circuit in Island Industries v. Sigma Corp. could result in the U.S. Court of International Trade’s exclusive jurisdiction over trade-related FCA cases, a big shift in the enforcement landscape just as tariffs take center stage in trade policy, say attorneys at Haynes Boone.

  • Deregulation Memo Presents Risks, Opportunities For Cos.

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    A recent Trump administration memo providing direction to agencies tasked with rescinding regulations under an earlier executive order — without undergoing the typical notice-and-review process — will likely create much uncertainty for businesses, though they may be able to engage with agencies to shape the regulatory agenda, say attorneys at Blank Rome.

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