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Appellate

  • May 14, 2025

    Mich. City Seeks Immunity From Great Lakes Drowning Suit

    The lakeside city of South Haven, Michigan, told a state appeals court panel on Wednesday that it does not operate its beaches primarily for profit, meaning it is entitled to governmental immunity and should be released from a drowning victim's lawsuit.

  • May 14, 2025

    Judge Orders Boeing To Share Disclosures, Allow Depositions

    A Virginia federal judge has said Boeing must share disclosures about its "false-stamping" of aircraft testing with three state pension systems that accuse the company and its executives of putting profits over safety, and that some board members must sit for depositions.

  • May 14, 2025

    10th Circ. Wary Of Hemp Interests' Challenge To Wyoming Law

    A Tenth Circuit panel on Wednesday appeared skeptical that a Wyoming state law regulating hemp-derived intoxicating products was preempted by the federal law legalizing hemp nationwide.

  • May 14, 2025

    Judge Who Defended Remarks As 'Dad Jokes' Is Suspended

    The Florida Supreme Court on Wednesday suspended a state judge pending disposition of allegations that he made inappropriate jokes and comments while overseeing a criminal docket that he claimed were mostly inoffensive "dad jokes."

  • May 14, 2025

    Gibson Dunn Launches State Attorneys General Task Force

    Gibson Dunn & Crutcher LLP has created a state attorneys general task force made up of subject matter experts and former government attorneys based in offices across the country, in what the firm says is an effort to improve services for clients across a range of subject matters and industries.

  • May 14, 2025

    Judiciary To Share Pros, Cons Of AI For Courts With Congress

    The federal judiciary is looking at the benefits and drawbacks of artificial intelligence for the court system and will share its discoveries with Congress, top officials testified on Wednesday.

  • May 14, 2025

    Judge Beats Ex-Law Student's Suit At 11th Circ.

    The Eleventh Circuit on Wednesday largely upheld the dismissal of a suit from a former law student and federal prosecutors' intern accusing a Florida federal judge and government attorneys of ruining his job prospects, finding that the judge has immunity while the lawyers' acts were mostly part of their jobs.

  • May 14, 2025

    4th Circ. Blocks Staffing Workers' Class Cert. Appeal

    The Fourth Circuit will not take up an appeal of staffing firm employees challenging a North Carolina federal court's order denying a class certification bid in their minimum wage suit.

  • May 14, 2025

    DOJ Says No Hiring Private Counsel From Firms Suing US

    Deputy Attorney General Todd Blanche has issued a memo directing the U.S. Department of Justice to avoid engaging with firms that are suing the government over its policies or that represent clients in similar suits.

  • May 14, 2025

    Grassley Targets Universal Injunctions In Budget Negotiations

    Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, is looking to address universal injunctions as part of the budget reconciliation process, Law360 has learned.

  • May 13, 2025

    Wells Fargo Asks 9th Circ. To Undo 'Sham' Hiring Class Cert.

    Wells Fargo has asked the Ninth Circuit to intervene and undo the class certification granted to investors who have claimed that the bank's alleged practice of conducting "sham" interviews to meet diversity quotas harmed the bank's stock price when the truth came to light.

  • May 13, 2025

    Asterisk Doesn't Save CVS In Sanitizer Row, 9th Circ. Told

    An attorney for a man suing CVS Pharmacy urged the Ninth Circuit on Tuesday to revive his claims alleging the company misled consumers with a promise its hand sanitizer kills 99.99% of germs, arguing the asterisk on the front label does not clear the company of wrongdoing despite a recent ruling from the circuit that gives significance to that type of asterisk. 

  • May 13, 2025

    Colo. Justice Iffy On Tossing Rulings In Securities Fraud Case

    A Colorado Supreme Court justice said he was a bit troubled that three decisions might be overturned if he accepts the state's argument that attorney advice isn't relevant to a securities fraud defendant's state of mind, musing that perhaps those previous courts "got it right."

  • May 13, 2025

    Ski Resort Owner Offers Alternative Fixes After Antitrust Loss

    A New York ski resort operator is offering alternative remedies for a state court to consider after it found the owner violated antitrust law by acquiring a rival ski operation and shutting it down, despite a call from enforcers for a sale of the property to another operator.

  • May 13, 2025

    Pa. Court Debates RGGI Membership Without Lawmakers' Nod

    The Pennsylvania Supreme Court on Tuesday weighed if a law empowering the state's environmental regulator equated to securing legislative approval to join a multistate Regional Greenhouse Gas Initiative, with the state justices noting Pennsylvania is the only member to join without lawmakers' blessing.

  • May 13, 2025

    Pa. Justices Question Ruling Over Verizon's Utility Pole Rents

    Some justices on Pennsylvania's Supreme Court questioned Tuesday whether the state's Public Utility Commission skipped steps in declaring that electrical utility FirstEnergy was charging Verizon "unjust and unreasonable" rates to rent space on utility poles, since the decision appeared to rest mainly on federal price limits the state had adopted.

  • May 13, 2025

    10th Circ. Wary Of Nixing $20M Fraud Award For Colo. Town

    The Tenth Circuit seemed poised Tuesday to affirm a $19.8 million verdict in favor of a Colorado city battling a software developer accused of misrepresenting the readiness of its integrated billing platform for fiberoptic broadband services, even as the contractor insisted the language in the agreement was transparent.

  • May 13, 2025

    The Man Who Ended Affirmative Action Is Just Getting Started

    Nearly two years after the U.S. Supreme Court struck down affirmative action in college admissions, the legal strategist who brought the landmark case is using the ruling in a bid to end race-based programs in the public and private sectors, bolstered by allies in the executive branch.

  • May 13, 2025

    Fox Nabs Smartmatic Bribery Probe Docs In Defamation Case

    A New York state appeals court on Tuesday ordered Smartmatic to give Fox News documents related to a federal investigation into allegations that executives of the election systems company bribed officials in the Philippines, ruling the materials are "plainly relevant" to the network's defense against defamation claims.

  • May 13, 2025

    3rd Circ. Upholds Most Of Boy Scouts' Ch. 11 Plan

    The Third Circuit upheld the bulk of the Boy Scouts of America's Chapter 11 plan to deal with thousands of childhood sex abuse claims, but agreed Tuesday with one objecting insurer that its rights were impermissibly altered under the plan.

  • May 13, 2025

    Cancer Centers Want Fed. Circ. To Rehear Antibody IP Fight

    The Dana-Farber Cancer Institute and Memorial Sloan-Kettering Cancer Center say the full Federal Circuit should review a decision rejecting Xencor's application for an antibody patent, arguing that the decision wrongly created a new precedent that could be harmful to other patents.

  • May 13, 2025

    1st Circ. Urged To Rule In Appeal Over Canceled HUD Grants

    Groups challenging Trump administration cuts to $30 million in housing grants asked the First Circuit to rule that a Massachusetts federal judge, in fact, has the power to order federal officials to fund the grants, even after the judge dissolved such a ruling in reaction to a recent U.S. Supreme Court finding.

  • May 13, 2025

    6th Circ. Clears Teacher To Fight Exclusion From Rehire List

    The Sixth Circuit breathed new life into a teacher's lawsuit claiming a Tennessee school district unlawfully failed to place her on a reemployment candidate list after it eliminated her position, saying a trial court took too narrow a view of whether omission from the list caused harm.

  • May 13, 2025

    11th Circ. Looks Open To Reviving Ga. Voter Intimidation Suit

    Eleventh Circuit judges scrutinizing a ruling that a conservative election monitoring group didn't intimidate Georgians when it challenged the voter registration of hundreds of thousands of citizens said Tuesday the district judge may have gotten it wrong, suggesting during oral arguments the group may have at least tried it.

  • May 13, 2025

    Climate NGOs Attack EPA Appeal In Funding Clawback Fight

    Climate investment groups asked the D.C. Circuit to affirm a district court ruling blocking the U.S. Environmental Protection Agency from clawing back billions of dollars disbursed to them under the Inflation Reduction Act, characterizing its actions as "textbook arbitrariness."

Expert Analysis

  • Series

    Racing Corvettes Makes Me A Better Lawyer

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    The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.

  • Questions Remain After Justices' Narrow E-Rate FCA Ruling

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    The U.S. Supreme Court’s recent decision in Wisconsin Bell, holding that requests for reimbursement from the Federal Communications Commission's E-Rate program are subject to False Claims Act liability, resolves one important question but leaves several others open, says Jason Neal at HWG.

  • Opinion

    Attorneys Must Act Now To Protect Judicial Independence

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    Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.

  • Colo. Anti-SLAPP Cases Highlight Dismiss Standard Disparity

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    A pair of recent decisions from the Colorado Court of Appeals highlights two disparate standards for courts evaluating anti-SLAPP motions: one that requires a court to accept the plaintiff's evidence as true and another that allows the court to assess its merits, says Jacob Hollars at Spencer Fane.

  • Appealing An Interlocutory Order On Insurer Duty To Defend

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    A recent First Circuit decision on a motion regarding an insurer's duty to defend underlying litigation highlights how policyholders may be able to pursue immediate appeals of interlocutory orders, especially in light of other circuit courts' stances on this issue, say attorneys at Anderson Kill.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • Del. Supreme Court TripAdvisor Ruling May Limit 'MFW Creep'

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    The Delaware Supreme Court's recent Maffei v. Palkon ruling regarding TripAdvisor's proposed reincorporation to Nevada potentially signals a turning point in the trend of expanding the protections from Kahn v. M&F Worldwide to other types of transactions, says Andrew J. Haile at Elon University.

  • 9th Circ. Draws The Line On Software As A Derivative Work

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    The Ninth Circuit's recent decision in Oracle International v. Rimini Street clarifies the meaning of derivative work under the Copyright Act, and when a work based upon a preexisting item doesn't constitute a derivative, says John Poulos at Norton Rose.

  • As Failure-To-Warn Preemption Wanes, Justices May Weigh In

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    Federal preemption of state failure-to-warn claims has long been a powerful defense in strict liability tort cases, but is now under attack in litigation over the weedkiller Roundup and other products — so the scope and application of preemption may require clarification by the U.S. Supreme Court, says Michael Sena at Segal McCambridge.

  • How Design Thinking Can Help Lawyers Find Purpose In Work

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    Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.

  • Justices' Certiorari Denial Leaves Interstate Tax Questions

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    Since the U.S. Supreme Court recently declined to review a Philadelphia resident’s claim that her Delaware state income taxes should be credited against her city wage tax liabilities, constitutional questions about state and local tax distinctions linger, and some states may continue to apply Supreme Court precedent differently, say attorneys at Dentons.

  • Trending At The PTAB: Insights From 2024 Fed. Circ. Statistics

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    Looking at stats from the Federal Circuit's decisions in 219 Patent Trial and Appeal Board appeals last year sheds light on potential trends and strategy considerations that could improve appeals' chances of success, say attorneys at Finnegan.

  • Will Independent Federal Agencies Remain Independent?

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    For 90 years, members of multimember independent federal agencies have relied on the U.S. Supreme Court's 1935 ruling in Humphrey's Executor v. U.S. establishing the security of their positions — but as the Trump administration attempts to overturn this understanding, it is unclear how the high court will respond, says Harvey Reiter at Stinson.

  • High Court Sentencing Case Presents Legal Fork In The Road

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    On Feb. 25, the U.S. Supreme Court will hear arguments in Esteras v. U.S. about the factors trial courts may consider when imposing a sentence of imprisonment after revoking supervised release, and the justices’ eventual decision may prioritize either discretion or originalism, says Michael Freedman at The Freedman Firm.

  • Del. Justices' D&O Ruling Clarifies 'Related' Claim Analysis

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    In its recent decision in the Alexion Pharmaceuticals coverage case, the Delaware Supreme Court adopted a "meaningful linkage" standard for relatedness analysis, providing further guidance to Delaware policyholders on how to navigate those directors and officers insurance disputes, say attorneys at Hunton.

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