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Appellate

  • September 08, 2025

    Exxon, BP, Others Keep Dismissal Of Pa. Benzene Suit

    A Pennsylvania appeals court on Monday refused to reinstate a woman's suit alleging that products from Exxon Mobil Corp., BP Products North America Inc. and others exposed her husband to benzene, leading to his death, ruling the trial court rightly found that North Carolina is the far better venue.

  • September 08, 2025

    Del. Gov. Defends Corp. Law Overhaul In Pending Appeal

    Delaware's governor has weighed in strongly against a state Supreme Court challenge to legislation approved earlier this year barring damages or "equitable" relief for some controlling stockholder or going-private deals, arguing that nothing in the measure unconstitutionally limits court powers.

  • September 08, 2025

    Caltrans Escapes $3.8M Verdict Over Bicyclist's Injuries

    The California Department of Transportation successfully overturned a $3.8 million jury verdict in a case involving a bicycle accident on a bridge in Santa Barbara that caused a man's severe injuries, as an appeals court ruled Monday that the trial court improperly excluded Caltrans' witnesses as a discovery sanction.

  • September 08, 2025

    Trump Returns To High Court In Foreign Aid Freeze Dispute

    President Donald Trump asked the U.S. Supreme Court on Monday to pause a lower court's order requiring the administration to release roughly $4 billion in frozen foreign aid, claiming the ruling interferes with his attempt to lawfully rescind the funding.

  • September 08, 2025

    Pa. Top Court Snapshot: Clickwrap Agreements, Mail-In Votes

    The Pennsylvania Supreme Court will return from its summer break with a couple of familiar issues, including the heavily litigated issue of discarding undated mail-in ballots and a much-anticipated review of common "clickwrap" agreements for apps and websites. Here are some of the cases the state's justices will hear in their Sept. 9-11 session.

  • September 08, 2025

    NJ Justices Question Parole Board Rule's Constitutionality

    The New Jersey Supreme Court suggested Monday that a state Parole Board regulation posed a due process problem by categorically barring prison inmates from accessing their psychological evaluations even if the board applies the rule in a manner that it says is constitutional.

  • September 08, 2025

    9th Circ. Denies CoStar's Bid To Rehear Antitrust Ruling

    A Ninth Circuit panel rejected a call to revisit the court's June decision reviving claims alleging that real estate information service CoStar monopolizes several commercial real estate listing markets through exclusive deals with brokers and technological barriers for competitors.

  • September 08, 2025

    Class Actions May Be The New Injunction Bid, And Next Target

    In the two months since the Supreme Court hobbled universal injunctions, lawyers and trial judges have pivoted to adjust to a new litigation landscape, with class actions playing a larger role in lawsuits seeking to stop presidential policies. That, in turn, could put the tactic in the administration's crosshairs.

  • September 08, 2025

    Bessent Says US Will Refund Revenue If Justices Nix Tariffs

    If the U.S. Supreme Court decides President Donald Trump lacked authority to impose tariffs under the International Emergency Economic Powers Act, the U.S. government will refund revenue it has collected with tariffs under that law, Treasury Secretary Scott Bessent said.

  • September 08, 2025

    9th Circ. Backs Trump Donor's Tax, Foreign Agent Convictions

    A venture capitalist whose 12-year prison term for evading taxes and making illegal campaign contributions through foreign clients was commuted by President Donald Trump did not plead guilty to the crimes involuntarily, the Ninth Circuit found in affirming his convictions, rejecting his claim that his attorney hid information from him.

  • September 08, 2025

    5th Circ. Reinstates $2.4M Award In Hair Product Co.'s IP Suit

    The Fifth Circuit has restored a $2.4 million jury award to a hair product company in its trademark infringement trial win over a rival, ruling a district court judge was wrong to throw out the verdict and the company had shown evidence the infringement hurt its business.

  • September 08, 2025

    Catching Up With Delaware's Chancery Court

    Last week at the Delaware Court of Chancery, a bankruptcy administrator for a generic drugmaker formerly known as Teligent was told he can proceed with duty of oversight claims against most former officers and directors of the company, who the administrator said was complicit in the company's collapse. In an opinion, the Court of Chancery cites its 1996 decision In re Caremark International Inc. Derivative Litigation, which refined director duties of care and oversight.

  • September 08, 2025

    Conn. Tax Atty Wants Full Appeals Court To Rethink Her Firing

    Connecticut's former tax legal director has asked the full Connecticut Appellate Court to reconsider an appellate panel's ruling that found her firing was proper after she used her work computer to send unauthorized draft legislation to a lobbyist, arguing that as a case of first impression it is important for the full court to weigh in.

  • September 08, 2025

    Appeal Limited To NJ US Atty DQ Ruling, 3rd Circ. Told

    The federal government and defense counsel have agreed that the scope of a Third Circuit appeal is limited to the disqualification of New Jersey Acting U.S. Attorney Alina Habba from overseeing two cases.

  • September 08, 2025

    Dems Again Ask NY Ethics Body To Investigate Bove

    Two Democratic senators filed an updated ethics complaint with the New York State Courts' attorney ethics body against recently confirmed Third Circuit Judge Emil Bove, citing what they called his "quid pro quo deal" to drop criminal charges against New York City Mayor Eric Adams and other alleged ethical violations.

  • September 08, 2025

    NC High Court Snapshot: Pot Smell Test, Atty's Divorce Feud

    North Carolina's top court will return from its summer hiatus in September to address whether law enforcement can rely on the smell of marijuana alone in the age of legalized hemp to justify a warrantless search. Here are some highlights of the high court's September lineup.

  • September 08, 2025

    Mass. Justices Asked To Find Atty Had Duty To Seek Plea Deal

    A man who has spent more than four decades in prison for a 1983 murder asked Massachusetts' high court Monday to find that his defense attorney's failure to pursue a plea bargain with prosecutors entitles him to a new trial, in a case that could alter the standard for finding a lawyer's work was ineffective.

  • September 08, 2025

    23andMe's Ch. 11 Sale Flouted State Privacy Law, Calif. Says

    The state of California has asked a Missouri federal judge to undo the $305 million bankruptcy sale of consumer DNA testing group 23andMe, arguing it sidestepped state consumer data protections.

  • September 08, 2025

    Tracking The Copyright Fights Between Creators And AI Cos.

    In the three years since ChatGPT burst onto the scene, artificial intelligence developers like OpenAI, Meta and Anthropic have faced dozens of lawsuits accusing them of infringing the intellectual property of authors, artists, news organizations and the like.

  • September 08, 2025

    Greek Pipe Co.'s Data Gaps Merit Tariff Hike, Fed. Circ. Says

    Tariffs against Greek pipe importers will stay in place, the Federal Circuit found Monday, affirming a U.S. Court of International Trade holding that the companies submitted deficient financial data, requiring the U.S. Department of Commerce to fill in certain information gaps when calculating the duties.

  • September 08, 2025

    3rd Circ. Shuts Down Drivers' 'Destination Charge' Suit

    The Third Circuit won't give drivers another shot at alleging that FCA US LLC unfairly inflated "destination charge" fees when they bought their vehicles, saying their proposed amended complaint still doesn't show how the carmaker violated 11 states' consumer protection laws.

  • September 08, 2025

    Justices Let ICE Raids Continue In LA Without Restrictions

    A divided U.S. Supreme Court on Monday lifted a temporary injunction on indiscriminate immigration stops in Los Angeles, after a lower court ruled in July that racial traits alone such as appearance and accent are not enough to question individuals.

  • September 08, 2025

    Chief Justice Pauses FTC Commissioner's Reinstatement

    Chief Justice John Roberts issued an order Monday temporarily staying the reinstatement of Democratic Federal Trade Commissioner Rebecca Slaughter while the Trump administration fights to bring a case challenging her removal to the U.S. Supreme Court.

  • September 08, 2025

    Trump Loses 2nd Circ. Appeal Of $83M Carroll Verdict

    A Second Circuit panel on Monday upheld an $83.3 million award against President Donald Trump for defaming writer E. Jean Carroll in 2019 in the wake of her sexual assault allegations, rejecting his claims of presidential immunity.

  • September 05, 2025

    DC Circ. Won't Halt Order Releasing Billions In Foreign Aid

    Both a divided D.C. Circuit panel and a district court judge Friday refused to hit pause on the judge's recent order requiring the Trump administration to release billions of dollars in frozen foreign aid.

Expert Analysis

  • Google Damages Ruling May Spur Income Approach Usage

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    The Federal Circuit's recent decision in EcoFactor v. Google may affect the extent to which damages experts apply the market approach in patent infringement matters, and income approach techniques may assume greater importance, says Erin Crockett at Charles River Associates.

  • Opinion

    Address Nationwide Injunction Issues With Random Venues

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    Many of the qualms about individual district court judges' authority to issue nationwide injunctions could be solved with a simple legislative solution: handling multiple complaints about the same agency action filed in different district courts by assigning a venue via random selection, says Harvey Reiter at Stinson.

  • Series

    Adapting To Private Practice: From US Attorney To BigLaw

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    When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.

  • 11th Circ. Ruling Warns Parties To Follow Arbitral Rules

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    The Eleventh Circuit's recent decision in Merritt Island Woodwerx v. Space Coast is important for companies utilizing arbitration clauses because it clearly demonstrates the court's intent to hold noncompliant parties responsible in federal court — regardless of subsequent efforts to cure, says Ed Mullins at Reed Smith.

  • 2nd Circ. Limits VPPA Liability, But Caveats Remain

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    The Second Circuit's narrowed scope of the Video Privacy Protection Act in Solomon v. Flipps Media, in which the court adopted the ordinary person standard, will help shield businesses from VPPA liability, but the decision hardly provides a free pass to streamers and digital media companies utilizing website pixels, say attorneys at Frankfurt Kurnit.

  • The Ins And Outs Of Consensual Judicial References

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    As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.

  • SpaceX Labor Suit May Bring Cosmic Jurisdictional Shifts

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    The National Mediation Board's upcoming decision about whether SpaceX falls under the purview of the National Labor Relations Act or the Railway Labor Act could establish how jurisdictional boundaries are determined for employers that toe the line, with tangible consequences for decades to come, say attorneys at Davis Wright.

  • Opinion

    The BigLaw Settlements Are About Risk, Not Profit

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    The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.

  • Opinion

    Courts Must Revitalize Robust Claim Construction

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    Two Federal Circuit decisions from earlier this year illustrate the rarity of robust claim construction and the underused reverse doctrine of equivalents — a dual problem that prevents courts from clearly delineating and correctly cabining the scope of rights conferred by patent claims, say attorneys at Klarquist Sparkman.

  • State Tort Claims May Help Deter Bribes During FCPA Pause

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    As the U.S. pauses Foreign Corrupt Practices Act enforcement, companies that lose business due to competitors' bribery should consider using state tortious interference suits to expose corruption, deter illegal practices and obtain compensation for commercial losses, says Jason Manning at Levy Firestone.

  • 2nd Circ. Arb. Ruling May Give Foreign Insurers An Edge

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    The Second Circuit's decision this month in Lloyds of London v. 3131 Veterans Blvd that international arbitration agreements take primacy over state anti-arbitration insurance laws opens a division between domestic and foreign insurers that could affect the surplus lines market, says attorney Rosanne Felicello.

  • Buyer Beware Of Restrictive Covenants In Delaware

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    Based on recent Delaware Chancery Court opinions rejecting restricted covenants contained in agreements in the sale-of-business context, businesses need to craft narrowly tailored restrictions that have legitimate interests, say attorneys at Saul Ewing.

  • Series

    Brazilian Jiujitsu Makes Me A Better Lawyer

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    Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.

  • Fed. Circ. Offers Lesson On Gov't Data Rights In Contracts

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    The Federal Circuit's recent decision in FlightSafety v. Air Force serves as a warning for U.S. Department of Defense contractors attempting to mark their commercial technical data developed at private expense, say attorneys at Butzel Long.

  • Birthright Ruling Could Alter Consumer Financial Litigation

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    The U.S. Supreme Court’s upcoming decision about the validity of the nationwide injunctions in the birthright citizenship cases, argued on May 15, could make it much harder for trade associations to obtain nationwide relief from the Consumer Financial Protection Bureau's enforcement of invalid regulations, says Alan Kaplinsky at Ballard Spahr.

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