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Appellate

  • July 21, 2025

    Revived Effort To Break Up 9th Circ. Makes Its Way To Senate

    Idaho Republicans have reintroduced a U.S. Senate bill that looks to split up the Ninth Circuit and create a new Twelfth Circuit, according to an announcement made Monday, roughly nearly seven months after a similar bill was introduced in the House.

  • July 21, 2025

    Trump Asks DC Circ. To Block FTC Dem's Reinstatement

    The Trump administration on Monday asked the D.C. Circuit to pause a Thursday order restoring a fired Federal Trade Commission Democrat's job, arguing that the ruling defies recent U.S. Supreme Court orders staying similar reinstatements at other independent agencies.

  • July 21, 2025

    Insurer Can't Get New Trial After $1.75M Loss, 11th Circ. Says

    The Eleventh Circuit on Monday upheld a $1.75 million verdict a Georgia church won against its insurance company in a storm damage coverage dispute, ruling that the insurer largely abandoned its defenses against the judgment before the case ever landed in front of the appellate panel.

  • July 21, 2025

    Novartis Can't Block Generic Entresto Amid TM Feud Appeal

    The Third Circuit said no way to Novartis AG's attempt to block a competitor from selling a generic version of a heart failure drug while the pair duke it out in federal court over Novartis' allegations that an Indian drugmaker is infringing its trademarks.

  • July 21, 2025

    2nd Circ. Reopens Etan Patz Murder Case Over Trial Error

    The Second Circuit on Monday reversed the conviction of a man charged in the notorious 1979 killing of six-year-old Etan Patz, saying a key jury instruction about a supposed confession was "dramatically" inaccurate and "manifestly prejudicial."

  • July 21, 2025

    The Biggest Telecom Developments Of 2025: Midyear Report

    It's been a headline-grabbing year in communications law so far, with the U.S. Supreme Court handing down a major win for federal programs that help pay for broadband deployment and a new Republican chief at the nation's telecom agency ushering in a rule-slashing agenda.

  • July 21, 2025

    DC Circ. Urged To Leave FERC Project Approvals Alone

    Grid operator Southwest Power Pool Inc. urged the D.C. Circuit to deny utility petitions challenging the Federal Energy Regulatory Commission's approval of four transmission projects developed by Kansas-based Sunflower Electric Power Corp.

  • July 21, 2025

    Feds Tell 3rd Circ. Gun Rights Not Automatic After Crime

    The Third Circuit heard oral arguments Monday over whether the Second Amendment gives a man convicted of driving under the influence of alcohol the automatic right to own weapons after serving his time.

  • July 21, 2025

    Copyright And TM Cases To Watch In The Second Half Of 2025

    The U.S. Supreme Court will evaluate contributory liability in a $1 billion copyright case involving internet service providers, and the Federal Circuit will assess the latest attempted trademark registration testing the U.S. Patent and Trademark Office's comfort with profanity. Here are the copyright and trademark cases to watch for the rest of the year.

  • July 21, 2025

    Enterprise Need Only Check License, Conn. Panel Rules

    Enterprise Rent-A-Car can not be held liable for renting a vehicle to a man who became intoxicated and struck a jogger and his dog later that day, a Connecticut appeals court ruled, saying the company was only required to inspect the driver's physical license and not to find out if the state had limited him to vehicles equipped with car breathalyzers.

  • July 21, 2025

    Mich. Justices Raise Bar For Prisoner Contraband Cases

    The Michigan Supreme Court ruled Monday that possession of contraband in prison is not a strict liability offense, meaning prosecutors must prove that a prisoner was, at minimum, reckless in obtaining drugs or alcohol while behind bars. 

  • July 21, 2025

    Guinea Tells DC Circ. $22M Award Can't Be Enforced

    The Republic of Guinea has urged the D.C. Circuit not to revive a consulting company's bid to enforce a $22 million arbitration award, saying a lower court correctly found that it was unclear whether the country agreed to arbitrate the dispute in the first place.

  • July 21, 2025

    9th Circ. Narrows 'Remain In Mexico' Block During Appeal

    A split Ninth Circuit panel ruled that a California federal judge's nationwide block of the Remain in Mexico program can only apply to the clients of the nonprofit that brought the underlying challenge while the Trump administration's appeal proceeds.

  • July 21, 2025

    Baseball Training Co. Must Face Suit Over Mom's Injury

    Indiana's court of appeals ruled that a baseball training center cannot escape a lawsuit accusing the business of negligence after an admittedly unstable training screen fell over and caused a head injury to the mother of one of the trainees.

  • July 21, 2025

    Split 8th Circ. OKs Fed Charges In Cop Car Burning Case

    A split Eighth Circuit panel has ruled that a man convicted in Arkansas federal court of firebombing three police vehicles must face his sentence, ruling that, because the departments to which the cars belonged received federal money, the U.S. government is allowed to bring charges against the man.

  • July 21, 2025

    Wash. Plastic Surgeon Can't Get $13M Jury Verdict Overturned

    A Washington appeals court panel refused on Monday to undo a $13 million jury verdict against a plastic surgeon in a medical malpractice case, rejecting the doctor's argument that the lower court wrongly allowed evidence of state regulators' unrelated disciplinary proceedings against her.

  • July 21, 2025

    Justices Asked If Frontier Law Covers 'Corner Crossing' Case

    A Wyoming ranch owner is asking the U.S. Supreme Court to review a Tenth Circuit decision that four hunters who crossed over its property to reach public lands didn't trespass, arguing that state law prohibits "corner crossing" and that no federal easement exists across private land for public access.

  • July 21, 2025

    Ex-Judges Call SAP Hypocritical In 'Self-Serving' Fintiv Appeal

    Retired Federal Circuit Judges Randall Rader and Kathleen O'Malley are urging their former court to reject SAP America Inc.'s challenge to how the U.S. Patent and Trademark Office is implementing new policies, saying the agency is acting within its limits and that SAP is selfishly contradicting arguments it previously made at the U.S. Supreme Court.

  • July 21, 2025

    Calif. Court Orders Drug Deal Retrial Over Mistaken Admission

    A California state appeals court on Monday demanded a new trial on drug dealing charges for a man who admitted to possessing cocaine while on probation, finding a trial court judge had erroneously admitted botched testimony the man gave in a probation hearing.

  • July 21, 2025

    How GOP Judges Teed Up 4th Circ.'s Supreme Court Shutout

    No appeals court found the U.S. Supreme Court's latest term less endearing than the Fourth Circuit, where a supersize shutout accentuated a multiyear slump for the once-favored circuit and repeatedly vindicated conservative dissenters on the left-leaning bench.

  • July 21, 2025

    Board Says Salvadoran Women Not A Social Group Under INA

    The Board of Immigration Appeals has dismissed a Salvadoran woman's attempt to revive her application for asylum and withholding of removal, ruling that a particular social group based solely on an individual's sex and nationality is "overbroad and insufficiently particular." 

  • July 21, 2025

    Energy Litigation To Watch In The 2nd Half Of 2025

    Courtroom showdowns between the Trump administration and blue states over U.S. energy and climate change policy will dominate the energy litigation landscape for the rest of 2025. Here is what the energy industry will be watching closely in the second half of the year.

  • July 21, 2025

    Pa. Hospital Can Shield Some Docs In Birth Injury Suit

    A Pennsylvania state appeals panel won't force a hospital to turn over all of its internal reports in a suit by parents alleging that the hospital's negligence led to their son's injuries at birth, finding that the hospital sufficiently showed that two of the three contested files are privileged.

  • July 21, 2025

    Mich. Panel Upholds Atty Fee For Court-Appointed Counsel

    A Michigan appellate panel has upheld a sentence requiring a defendant to pay a $400 attorney fee to her court-appointed counsel, rejecting her contentions that it was an unconstitutional fine and that the court failed to determine whether she had the ability to pay.

  • July 21, 2025

    Calif. High Court Says Biotech Investor Suit Belongs In Del.

    The California Supreme Court on Monday ruled that a lawsuit pursued by a minority investor alleging San Diego-based EpicentRx and its officers bamboozled investors belongs in Delaware Chancery Court, rejecting arguments that enforcing the biopharmaceutical company's forum selection clause violated Golden State jury trial protections.

Expert Analysis

  • 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.

  • 4th Circ. 'Actionable Inaccuracy' Finding Deepens FCRA Split

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    The Fourth Circuit's March finding in Roberts v. Carter-Young Inc. that an actionable inaccuracy under the Fair Credit Reporting Act can be both legal and factual widens an existing circuit split and should prompt furnishers to review their processes for investigating readily verifiable information, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lessons: Mastering Discovery

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    The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.

  • Breaking Down 4th Circ. 'Actual Knowledge' Ruling For Banks

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    A recent decision from the Fourth Circuit finding that banks must have "actual knowledge" to be found liable for losses arising from an automated clearinghouse transfer warns that the more financial institutions know about a name mismatch issue for any particular transaction, the more liability they may face, say attorneys at Katten.

  • Strategies To Limit Inherent Damage Of Multidefendant Trials

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    As shown by the recent fraud convictions of two executives at the now-shuttered education startup Frank, multidefendant criminal trials pose unique obstacles, but with some planning, defense counsel can mitigate the harm and maximize the chances of a good outcome, says Kenneth Notter at MoloLamken.

  • Patent Takeaways In Fed. Circ.'s 1st Machine Learning Ruling

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    The Federal Circuit’s recent decision in Recentive Analytics v. Fox, a case of first impression affirming the invalidity of patents that applied general machine learning methods to conventional tasks, serves as a cautionary guide for patent practitioners navigating the complexities of machine learning inventions, say attorneys at Foley & Lardner.

  • AT&T Decision May Establish Framework To Block FCC Fines

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    The Fifth Circuit's recent decision in AT&T v. FCC upends the commission's authority to impose certain civil penalties, reinforcing constitutional safeguards against administrative overreach, and opening avenues for telecommunications and technology providers to challenge forfeiture orders, say attorneys at HWG.

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