Appellate

  • November 12, 2024

    6th Circ. Must Revive Pension Data Suit, Kellogg Retirees Say

    A group of married Kellogg retirees asked the Sixth Circuit to revive claims that they received less value for their money than single retirees when collecting pensions, saying Kellogg uses outdated data when converting pensions from single-life annuity form.

  • November 12, 2024

    Kentucky Plunges Into 2nd Challenge To Waters Of US Rule

    Kentucky has refiled its lawsuit challenging the U.S. Environmental Protection Agency's rule defining the scope of the federal government's jurisdiction under the Clean Water Act, after the Sixth Circuit found that a federal district judge improperly dismissed the case.

  • November 12, 2024

    2nd Circ. Wary Of Ex-Yale Student's Bid For Asylum Evidence

    A Second Circuit panel on Tuesday seemed skeptical of an emergency bid by an acquitted onetime Yale University student to transmit a trial transcript containing his sexual assault accuser's name to immigration authorities despite a magistrate judge's ban on revealing the woman's identity, hinting that more litigation might be necessary.

  • November 12, 2024

    9th Circ. Affirms Insurer's Win In Invalid Exclusion Dispute

    Injured third-party claimants seeking coverage for an auto collision under an auto repair company's commercial auto policy are entitled only to minimum limits required under Oregon's Financial Responsibility Laws, the Ninth Circuit has affirmed, rejecting the claimants' argument that the company's $2-million-per-occurrence limit applies instead.

  • November 12, 2024

    NLRB Constitutionality Arguments Meet Skeptical 2nd Circ.

    The Second Circuit was skeptical Tuesday of a nursing home's arguments that a National Labor Relations Board case against it should be blocked because of constitutional issues with the agency's judges, with an appellate panel questioning whether the company showed it is harmed by the alleged defects.

  • November 12, 2024

    Crime Of Inaction Leaves Justices Mulling Legal 'Absurdities'

    The U.S. Supreme Court grappled Tuesday with whether an alleged mobster can be guilty of a murder-for-hire scheme if he did not physically participate in the botched hit job, with one justice remarking that both parties' interpretations of a "violent" crime of inaction could produce absurd results.

  • November 12, 2024

    Palin, NYT Set For April Retrial In Defamation Case

    Sarah Palin's retrial against The New York Times over defamation claims will start April 14, a New York federal judge ruled Tuesday after calling the parties' requests for a July date "out of the question."

  • November 12, 2024

    Ohio Judge Reverses Senior Status Plans Post-Election

    Following last week's election, a federal judge for the Southern District of Ohio has reversed his decision to take semi-retired status, leaving President-elect Donald Trump with one fewer judicial vacancy to fill. 

  • November 12, 2024

    10th Circ. Backs Arbitration Denial In Distributor's OT Suit

    The Tenth Circuit declined Tuesday to disturb a ruling that a baking company can't boot to arbitration a distributor's lawsuit alleging he was denied overtime pay, finding the worker is exempt from arbitration because he's engaged in interstate commerce even though he doesn't cross state lines.

  • November 12, 2024

    Justice Alito Calls Bid To Unfreeze Spousal Parole Rule Moot

    Justice Samuel Alito denied as moot Tuesday an immigrant rights group's bid to withdraw a Texas court order freezing a new program that would have allowed certain noncitizen spouses and stepchildren of U.S. citizens to stay in the United States while applying for legal status.

  • November 12, 2024

    Fed. Circ. Won't Revive Billable Hours Patent Against RELX

    The Federal Circuit won't undo a New York federal judge's finding that a Realtime Tracker Inc. patent for tracking billable hours was invalid as an abstract idea, backing a win for LexisNexis parent company RELX.

  • November 12, 2024

    MVP: Gibson Dunn's Allyson Ho

    Allyson N. Ho of Gibson Dunn & Crutcher LLP's appellate practice won a high-profile and unanimous U.S. Supreme Court ruling reversing decades of bankruptcy precedent, and another unanimous win at the Third Circuit safeguarding crime victims' rights, earning her a spot as one of the 2024 Law360 Appellate MVPs.

  • November 12, 2024

    3rd Circ. Says County Not Liable For Accused Harassers' Acts

    The Third Circuit refused to give a Delaware county worker a second shot at his suit claiming one male colleague targeted him with homophobic and racist harassment and another sexually assaulted him, saying the worker didn't do enough to put the company on notice that it needed to intervene.

  • November 12, 2024

    Missouri Appeals Court Quashes County Cannabis Taxes

    The Missouri Constitution bars counties from levying taxes on cannabis sales made inside incorporated municipalities that can impose their own taxes, a state appeals court held Tuesday in ruling in favor of a dispensary that challenged two counties' taxes.

  • November 12, 2024

    Justices Deny Nurse's Challenge To Labor Preemption

    The U.S. Supreme Court turned away a California nurse's challenge to a state court decision rejecting an unfair firing suit Tuesday, declining to take another pass at what sort of labor-related suits plaintiffs may bring in court.

  • November 12, 2024

    High Court Turns Away Fired Cop's Race Discrimination Suit

    The U.S. Supreme Court refused Tuesday to review a Black police officer's suit alleging a New York town unlawfully fired her after she hurt her back, leaving in place the Second Circuit's determination that she lacked evidence of white men being treated better.

  • November 12, 2024

    Trump's NY Case Paused As DA Weighs Impact Of Election

    A New York state judge agreed to a joint motion to freeze the proceedings in Donald Trump's hush money case following his electoral victory last week, allowing the Manhattan district attorney time to brief the court on "appropriate steps going forward."

  • November 12, 2024

    High Court Declines Remaining NY Rent Stabilization Suits

    The U.S. Supreme Court will not probe a Second Circuit decision upholding a lower court's dismissal of two suits challenging distinct provisions of New York's Housing Stability and Tenant Protection Act of 2019, a contentious tenant-friendly change to state rental regulations.

  • November 12, 2024

    Supreme Court Won't Revive Youth Climate Suit

    The U.S. Supreme Court on Tuesday said it will not undo the Ninth Circuit's order allowing the dismissal of a lawsuit filed by youth plaintiffs who accuse the federal government of endangering their futures with policies that exacerbate climate change.

  • November 12, 2024

    High Court Turns Away Appeal From 'Insider' Hedge Fund

    The U.S. Supreme Court on Tuesday declined to take up hedge fund Raging Capital Management LLC's petition to review whether its status as a large investor in 1-800-Flowers should leave it vulnerable to a derivative suit claiming it made illegal swing-trades.

  • November 12, 2024

    Justices Won't Review Family's Suit Over Airport Searches

    The U.S. Supreme Court declined Tuesday to review the dismissal of a Muslim family's challenge to their possible inclusion on a terrorist watchlist.

  • November 12, 2024

    Justices Won't Review Mark Meadows' Ga. Case Removal Bid

    The U.S. Supreme Court on Tuesday declined former White House chief of staff Mark Meadows' petition to review an Eleventh Circuit ruling that he couldn't move his Georgia election interference case to federal court because the federal officer removal statute doesn't apply to former federal officers.

  • November 12, 2024

    Justices Won't Take On Tossed Bid-Rigging Conviction

    The U.S. Supreme Court refused Tuesday to look at a Fourth Circuit decision that upended the bid-rigging conviction of a government contractor's former executive, rejecting U.S. Department of Justice concerns that the ruling could make it harder to prosecute when contractors have a subcontracting relationship.

  • November 10, 2024

    High Court Bar's Future: Arnold & Porter's Allon Kedem

    Allon Kedem is a familiar face at the U.S. Supreme Court, with a baker's dozen arguments and the rare distinction of two clerkships, and his face is usually smiling when cases end, thanks to a laudable 10-3 record. All that, plus a resume chock-full of bipartisan bona fides, is why he's among 12 leading attorneys in the Supreme Court's next generation of sought-after oral advocates.

  • November 08, 2024

    8th Circ. Flips $12M Verdict Against Jagermeister's US Arm

    The Eighth Circuit has overturned a jury's verdict that Jägermeister's U.S. importer must pay a distributor $11.75 million after terminating their deal, saying Friday the jury was misinstructed and a new trial is required.

Expert Analysis

  • 2nd Circ. Maxwell Ruling Adds To Confusion Over NPA Reach

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    The Second Circuit’s recent decision upholding Ghislaine Maxwell’s conviction made an analytical leap in applying plea agreement precedent to a nonprosecution agreement, compounding a circuit split and providing lessons for defense counsel, say attorneys at Kropf Moseley.

  • The Fed. Circ. In October: Aetna And License-Term Review

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    The Federal Circuit's recent decision that Aetna's credit card licensing agreement with AlexSam did not give the insurer immunity from patent infringement claims serves to warn licensees to read their contracts carefully, say attorneys at Knobbe Martens.

  • Recent Developments In Insurance Coverage For FCA Claims

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    As the U.S. Department of Justice continues its vigorous False Claims Act enforcement, companies looking to their insurers to help defray the costs of an investigation or settlement should note recent decisions on which types of policies cover FCA claims, which policy periods apply and which portions of FCA-related losses are covered, say attorneys at Covington.

  • Striking A Balance Between AI Use And Attorney Well-Being

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    As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.

  • Boosting Confidence In Pennsylvania's Election System

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    As Election Day nears, Pennsylvania is facing an intense flurry of litigation, including an appeal to the U.S. Supreme Court centered on mail-in and provisional ballots, but the state's election system is robust, and attorneys from all practice areas have an important role to play in ensuring confidence in and access to our election system, says Bucks County Commissioner Bob Harvie.

  • Takeaways From The IRS' Crypto Doc Summons Win

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    A recent First Circuit decision holding that taxpayers do not have a Fourth Amendment reasonable expectation of privacy in cryptocurrency transaction records should prompt both taxpayers and exchanges to take stock of past transactions and future plans, say attorneys at BakerHostetler.

  • A Novel Expansion Of Alien Tort Statute In 9th Circ.

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    The Ninth Circuit's Doe v. Cisco rehearing denial allows a new invocation of the Alien Tort Statute to proceed, which could capture the U.S. Supreme Court's attention, and has potentially dramatic consequences for U.S. companies doing business with foreign governments, say attorneys at Ropes & Gray.

  • Empathy In Mediation Offers A Soft Landing For Disputes

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    Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.

  • Series

    Being An Artist Makes Me A Better Lawyer

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    My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.

  • Reading Tea Leaves In Fed. Circ. Deep Dive On Review Scope

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    Roy Wepner at Kaplan Breyer investigates why a recent Federal Circuit opinion spent six pages explaining its unsurprising conclusion on proper scope of review — that no deference need be afforded to the trial court in a case dismissed for failure to state a claim.

  • How Judiciary Can Minimize AI Risks In Secondary Sources

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    Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.

  • Newly Acquired Information Can Be Key In Drug Label Cases

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    The question of whether federal law preempts state law claims is often central in pharmaceutical labeling cases, like the Fosamax litigation now before the Third Circuit — but parties must also consider whether there is newly acquired information to justify submitting a proposed labeling change in the first place, say attorneys at Arnold & Porter.

  • Tips For Employers As Courts Shift On Paid Leave Bias Suits

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    After several federal courts recently cited the U.S. Supreme Court's Muldrow decision — which held that job transfers could be discriminatory — in ruling that paid administrative leave may also constitute an adverse employment action, employers should carefully consider several points before suspending workers, says Tucker Camp at Foley & Lardner.

  • NC Ruling Takes Practical Approach To Duty-To-Defend Costs

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    In Murphy-Brown v. Ace American Insurance, a case of first impression, the North Carolina Business Court adopted the commonsense rationale of many state courts in holding that policyholders' defense costs should be deemed presumtively reasonable when a insurer breaches its duty to defend, say attorneys at McGuireWoods.

  • Calif. Ruling Offers Hope For Mitigated Negative Declarations

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    In Upland Community First v. City of Upland, a California appeals court upheld a warehouse development's mitigated negative declaration over its greenhouse gas emissions thresholds — a rare victory against this type of challenge providing reassurance that such declarations can be upheld, say attorneys at Sheppard Mullin.

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