Try our Advanced Search for more refined results
Appellate
-
September 18, 2025
Dems Demand Even More Funds For Courts, Judicial Security
An alternative continuing resolution unveiled by the Democrats in the House and Senate on Wednesday evening includes more funding for judicial security and the courts than the Republicans' version, but it's unlikely it will be adopted as is.
-
September 18, 2025
Harley-Davidson Says 7th Circ. Right To Toss Warranty Suit
Harley-Davidson is urging the Seventh Circuit not to hold an en banc rehearing on antitrust claims alleging its warranties prohibited off-brand parts, saying the panel was correct last month when it found the plaintiffs failed to allege the relevant market or that the warranty actually had any such prohibition.
-
September 18, 2025
1st Circ. Won't Lift Block On HHS Job, Program Cuts
The First Circuit on Wednesday rejected a bid by the Trump administration to let it move ahead with cutting 10,000 jobs and end a number of programs at the U.S. Department of Health and Human Services while it appeals a Rhode Island federal judge's order temporarily barring the plan.
-
September 18, 2025
Chinook Tribe Asks High Court To Reverse Recognition Denial
The Chinook Indian Nation is asking the U.S. Supreme Court to undo a Ninth Circuit order that denied the tribe federal recognition, arguing that the appellate court misinterpreted a law that lays a path for the status through judiciary or regulatory decisions.
-
September 18, 2025
Florida Judge Accused Of Making Improper Political Donations
A Florida state judge who donated almost $30,000 in more than 900 total contributions to political organizations — thereby becoming the "most prolific offender" of the rule barring judges from making those types of donations — may receive a public reprimand for her actions.
-
September 18, 2025
Michigan Pushes Appeals Court To Reinstate Abortion Laws
The state of Michigan has asked an appeals court to revive laws mandating abortion seekers wait 24 hours before the procedure and review counseling materials that a judge had deemed "paternalistic and stigmatizing" when striking them down earlier this year.
-
September 18, 2025
DOJ Seeks Rehearing On Copyright Chief's Reinstatement
The federal government has asked the D.C. Circuit to rethink its decision to temporarily reinstate the head of the U.S. Copyright Office who was fired by President Donald Trump, saying the president has the authority to remove the copyright chief because the position is part of the executive branch.
-
September 18, 2025
Mich. Justices Won't Delay Arguments Amid Shutdown Worry
The Michigan Supreme Court on Wednesday said it would not push back oral arguments for two cases up to be heard next month, despite the state Attorney General's Office's concerns that their counsel wouldn't be able to participate because of a potential government shutdown.
-
September 18, 2025
Insured Wants Bad Faith Loss Against Progressive Reversed
A woman who lost her bad faith suit against Progressive Insurance told the Eleventh Circuit on Thursday that she should have been allowed to show jurors in the bad faith trial a win on her breach of contract claims against the insurer.
-
September 18, 2025
Hunters Say High Court Should Skip 'Corner Crossing' Case
A group of Wyoming elk hunters has urged the U.S. Supreme Court to ignore a call from a landowner to review a Tenth Circuit decision applying an 1885 law to uphold corner-crossing on millions of acres of public lands in the American West that form a checkerboard pattern with private property.
-
September 18, 2025
5th Circ. Won't Rehear Crypto Exec's IRS Summons Case
The Fifth Circuit stood by its decision not to quash an IRS summons for a cryptocurrency executive's bank records, rejecting his request to reconsider its finding that he must wait until the federal government decides whether to bring legal proceedings against him before challenging a lower court's ruling.
-
September 18, 2025
Trump Asks High Court To Let Him Remove Fed's Cook
President Donald Trump asked the U.S. Supreme Court on Thursday to allow him to move forward with firing Federal Reserve Gov. Lisa Cook, escalating a fight over presidential removal power that will test the boundaries of the central bank's traditional independence.
-
September 17, 2025
J&J Whistleblowers Defend $1.6B False Claims Act Win
Whistleblowers filed a brief Wednesday in the Third Circuit in a closely watched False Claims Act appeal involving a $1.6 billion judgment against Johnson & Johnson unit Janssen as well as the constitutionality of the FCA's "qui tam" whistleblower provisions, arguing that the act's lawfulness has been settled by its "unbroken 162-year history."
-
September 17, 2025
3rd Circ. Urged To Revive NJ Casino Antitrust Pricing Suit
Algorithmic collusion by Atlantic City casino hotels, as alleged by their customers, poses a grave threat to consumers as the hotels use software to get around a century's worth of antitrust precedent, an attorney for the American Antitrust Institute told the Third Circuit on Wednesday, urging the court to revive an antitrust suit.
-
September 17, 2025
'It Doesn't Look Good': CoComelon Foe Faces Uphill IP Fight
Ninth Circuit panel judges doubted Wednesday a Chinese company's appeal of its $23.4 million copyright-trial loss to the maker of the children's YouTube channel CoComelon, with one judge telling counsel "it doesn't look good for you," and another observing he's "never seen copying evidence quite as compelling as this record."
-
September 17, 2025
PTAB Told Variations From Prior Rulings Require Explanation
The U.S. Patent and Trademark Office has told Patent Trial and Appeal Board judges that they must now explain any decisions that have a different outcome from an earlier ruling on the same patent or similar patent claims, either by the patent office or in litigation.
-
September 17, 2025
NCR Pushes For Full 11th Circ. Review In Pension Payout Spat
Software company NCR Corp. asked the full Eleventh Circuit on Tuesday to examine a pension payout fight with former executives in the wake of a three-judge panel's ruling last month that the company can't issue lump-sum payments to plan participants as alternatives to promised life annuities.
-
September 17, 2025
9th Circ. Judge Hints At Upholding Seattle Housing Ordinance
A Ninth Circuit judge suggested on Wednesday that a waiver provision written into a Seattle affordable housing policy is enough to "save" the ordinance from a homeowner's constitutional claim that it kept her from realizing her property's full value by adding townhomes.
-
September 17, 2025
5th Circ. Says Genesis Not Indemnified In Platform Injury Suit
The Fifth Circuit on Tuesday affirmed that Danos LLC is not required to indemnify Genesis Energy in the defense of a suit by a worker who fell during an oil platform repair, finding the contract between the companies is not covered by maritime law.
-
September 17, 2025
9th Circ. Denies Appeal Of Wash. Anti-Vaxxers' Med Board Suit
The Ninth Circuit on Wednesday rejected an appeal brought by Robert F. Kennedy Jr. on behalf of anti-vaxxers challenging a Washington state medical board's disciplinary proceedings against doctors who allegedly spread false information about COVID-19.
-
September 17, 2025
Probationer's Speech Not A 'True Threat,' NC Panel Finds
Statements a probationer made to a friend while stressed out and fearful over going to jail did not constitute a "true threat," so a trial court erred when it found him in violation of his probation, a North Carolina state appeals court panel ruled Wednesday.
-
September 17, 2025
BIPA Logic May Sustain Walgreens Data Suit, Ill. Justices Hint
Illinois' highest court Wednesday pressed an attorney for Walgreens to address why the company shouldn't apply its own reasoning that a plaintiff can file suit based solely on a statutory violation of the state's biometric privacy statute to allegations that the retail pharmacy chain printed too much financial information on receipts.
-
September 17, 2025
9th Circ. Seems Split On School Principal's Free Speech Suit
A Ninth Circuit panel appeared split on Wednesday over a Washington state public school employee's claims that he was unfairly punished for a political rant on Facebook, with one judge pushing back on his stance that he was speaking privately while also balking at the district's position that the post was disruptive.
-
September 17, 2025
Tribal Members Tell 9th Circ. Tariff Suit Belongs In Fed. Court
Counsel for members of the Blackfeet Nation tribe told the Ninth Circuit on Wednesday their suit challenging President Donald Trump's emergency tariffs should stay in federal district courts, where constitutional and congressional claims over tribal commerce must be heard.
-
September 17, 2025
3rd Circ. Weighs Limits On NJ Medical Aid In Dying Act
The Third Circuit on Wednesday considered whether a Delaware woman with terminal cancer can challenge New Jersey's residency requirement for medical aid in dying, even though she has yet to be certified as having six months or less to live.
Expert Analysis
-
What 2 Profs Noticed As Transactional Law Students Used AI
After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.
-
What Patent Claim 'Invalidity' Means In Different Forums
A recent Federal Circuit order allowing a patent suit to proceed despite similar claims being invalidated in an inter partes review underscores how fractured the patent litigation landscape has become, leading to critical nuances in how district courts, the U.S. International Trade Commission and Patent Trial and Appeal Board treat invalidity, says Jason Hoffman at BakerHostetler.
-
Reel Justice: 'Eddington' Spotlights Social Media Evidence
In the neo-Western black comedy “Eddington” released last month, social media is a character unto itself, highlighting how the boundaries between digital and real-world conduct can become blurred, thereby posing evidentiary challenges in criminal prosecutions, says Veronica Finkelstein at Wilmington University School of Law.
-
8th Circ. Rulings Show Employer ADA Risks In Fitness Tests
Two recent Eighth Circuit decisions reviving lawsuits brought by former Union Pacific employees offer guidance for navigating compliance with the Americans with Disabilities Act, serving as a cautionary tale for employers that use broad fitness-for-duty screening programs and highlighting the importance of individualized assessments, says Masood Ali at Segal McCambridge.
-
Rebuttal
BigLaw Settlements Should Not Spur Ethics Deregulation
A recent Law360 op-ed argued that loosening law firm funding restrictions would make BigLaw firms less inclined to settle with the Trump administration, but deregulating legal financing ethics may well prove to be not merely ineffective, but counterproductive, says Laurel Kilgour at the American Economic Liberties Project.
-
9th Circ. Leaves Scope Of CIPA Applicability Unclear
Three recent Ninth Circuit decisions declined to directly address whether all of the California Invasion of Privacy Act's provisions actually apply to internet activity, and given this uncertainty, companies should heed five recommendations when seeking to minimize CIPA litigation risk, say attorneys at Skadden.
-
5 Ways Lawyers Can Earn Back The Public's Trust
Amid salacious headlines about lawyers behaving badly and recent polls showing the public’s increasingly unfavorable view of attorneys, we must make meaningful changes to our culture to rebuild trust in the legal system, says Carl Taylor at Carl Taylor Law.
-
What Insurers Must Know About New La. Proof Of Loss Law
Insurers that comply with all the requirements under a Louisiana law effective this month may condition claim payments on receipt of proof of loss statements, but those that overlook even one prerequisite risk penalties and late payments, say attorneys at Phelps Dunbar.
-
Criminal Healthcare Fraud Takeaways From 4th Circ. Reversal
After the Fourth Circuit reversed a doctor’s postconviction acquittal in U.S. v. Elfenbein last month, defense attorneys should consider three strategies when handling complex criminal healthcare matters, says Jonathan Porter at Husch Blackwell.
-
Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses key takeaways from federal appellate decisions involving topics including antitrust, immigration, consumer fraud, birthright citizenship under the Fourteenth Amendment, and product defects.
-
A Look At Justices' Rare Decision Not To Limit Agency Powers
The Supreme Court's recent denial of Alpine's cert petition in its long-running case against the Financial Industry Regulatory Authority sends a strong signal that litigation strategies dependent on the elimination of government agencies merit caution, even from a court that lately hasn't been shy about paring back agency authority, say attorneys at Venable.
-
Notable Q2 Updates In Insurance Class Actions
Vehicle valuation challenges regarding the use of projected sale adjustments continued apace in insurance class actions this quarter, where insurers have been scoring victories on class certification decisions in federal circuit courts, says Mathew Drocton at BakerHostetler.
-
Series
Hiking Makes Me A Better Lawyer
On the trail, I have thought often about the parallels between hiking and high-stakes patent litigation, and why strategizing, preparation, perseverance and joy are important skills for success in both endeavors, says Barbara Fiacco at Foley Hoag.
-
6 Tips On Drafting Machine Learning Patents Post-Recentive
While the Federal Circuit's decision in Recentive v. Fox narrows the scope of patent-eligible machine learning applications, there are several drafting and prosecution strategies that may help practitioners navigate Section 101 challenges, say attorneys at BCLP.
-
Regulating Online Activity After Porn Site Age Check Ruling
A recent U.S. Supreme Court decision upholding an age verification requirement for accessing online adult sexual content applied a lenient rational basis standard, raising questions for how state and federal courts will determine what kinds of laws regulating online activity will satisfy this standard going forward, say attorneys at Hogan Lovells.