Appellate

  • March 20, 2025

    Sequoia Capital Rallies For Musk's $56B Tesla Pay Appeal

    Venture capital firm Sequoia Capital Operations on Tuesday asked the Delaware Supreme Court for permission to back Elon Musk's appeal aimed at a Court of Chancery decision that had short-circuited the electric car company's 10-year, $55.6 billion compensation plan for the CEO.

  • March 20, 2025

    Calif. Panel Doubts Byron Allen's $100M McDonald's Suit

    A California appeals panel expressed skepticism Thursday at an attempt by Byron Allen's television companies to revive their $100 million lawsuit accusing McDonald's of lying in a 2021 pledge to spend more advertising money on Black-owned media.

  • March 20, 2025

    Payday Lender Gets Appeal On Lawyer's Blackmail Conflict

    The Second Circuit has decided to let a former payday lending executive, now incarcerated on charges that he ran a fraudulent $2 billion lending scheme, move ahead with a new appeal after hearing that his trial counsel faced blackmail from another client.

  • March 20, 2025

    11th Circ. Allows Remand Of EB-5 Suit To Fla. State Court

    The Eleventh Circuit has dismissed the appeal of a Canadian citizen trying to compel arbitration and keep in federal court the suit accusing him of defrauding foreign investors, saying it doesn't have jurisdiction to review the order sending the case back to Florida state court.

  • March 20, 2025

    Texas Says Planned Parenthood Can't Get Atty Immunity

    Texas has urged the full Fifth Circuit to reconsider a panel's decision concluding that Planned Parenthood is entitled to attorney immunity in a whistleblower suit accusing the organization of improperly billing Medicaid programs, saying state-law attorney immunity doesn't apply.

  • March 20, 2025

    FTC Asks 8th Circ. To Nix Click-To-Cancel Rule Challenges

    The Trump administration's Federal Trade Commission isn't planning an about-face on the "click-to-cancel" rule debuted last year under the Biden administration, at least according to a recent filing asking the Eighth Circuit to dismiss a petition challenging the rule.

  • March 20, 2025

    Judge Won't Let Meijer Appeal Takeda's Arbitration Mandate

    A Massachusetts federal judge refused Thursday to let Meijer immediately appeal his order letting Takeda Pharmaceutical force the grocery chain into arbitration and out of its role as a representative of a proposed class of direct purchasers suing over delayed generics to a constipation drug.

  • March 20, 2025

    'Skill Games' Don't Define One's Character, Court Says

    Pennsylvania regulators can't judge owners and operators of so-called skill games terminals as lacking "good character" solely because the Pennsylvania Gaming Control Board has concerns about the legality and effects of the games, the state Supreme Court ruled Thursday.

  • March 20, 2025

    Utah High Court Leaves Youth Climate Claims Down For Now

    The Utah Supreme Court on Thursday found that a group of youths hasn't shown it has grounds to pursue a lawsuit against the state over its energy policies that allegedly contribute to climate change.

  • March 20, 2025

    SEC Says 'Personnel Changes' Are Delaying 8th Circ. Briefing

    The U.S. Securities and Exchange Commission has been granted more time to respond to an Eighth Circuit appeal questioning its definition of securities dealer, as the agency has said one attorney's exit has made it too difficult to stick to the prior briefing schedule.

  • March 20, 2025

    DOJ Drops Biden-Era Suit Over Texas Migrant Arrest Law

    The U.S. Department of Justice has asked a federal judge to dismiss its challenge to a Texas law that allows state officials to arrest people suspected of crossing the border unlawfully and empowers state judges to order their removal.

  • March 20, 2025

    State AGs Want 11th Circ. Redo Of FCC Robocall Reg Ruling

    Attorneys general from more than half the states and Washington, D.C., are urging the full Eleventh Circuit to reverse a panel decision that nixed a federal rule restricting the use of comparison shopping sites to generate robocall leads.

  • March 20, 2025

    8th Circ. Won't Pause FTC's Insulin Pricing Case

    The Eighth Circuit refused Thursday to pause the Federal Trade Commission's in-house case accusing Caremark Rx, Express Scripts and OptumRx of artificially inflating insulin prices while the pharmacy benefit managers challenge the constitutionality of the proceedings.

  • March 20, 2025

    Mich. Judge Warns No-Fault Rulings Rely On 'Slick' Ground

    A Michigan appellate judge on Wednesday flagged potentially flawed reasoning behind recent appellate decisions regarding minimum bodily injury no-fault coverage under state law, but joined a majority panel in finding an insurer must pay the statutory minimums for a fatal crash because the policyholder did not select a lower option.  

  • March 20, 2025

    4th Circ. Skeptical Of Ex-Fire Captain's Free Speech Suit

    A former Lynchburg, Virginia, fire captain faced an uphill battle Thursday to persuade a Fourth Circuit panel to revive his suit alleging he was unconstitutionally fired for social media posts that citizens called transphobic and racist, with one judge saying his posts created an "appalling situation."

  • March 20, 2025

    Walgreens Can't Dodge Wash. Law In 'Non-Drowsy' Label Suit

    The Washington Supreme Court said Thursday that Walgreens could not avoid claims under the state's consumer protection law alleging its "non-drowsy" cough medicine label was deceptive, rejecting the retailer's contention that the law's safe harbor provision shielded it from a proposed class action in Illinois federal court.

  • March 20, 2025

    Progressive Wins $25M Appeal In Fla. Vehicle Injury Suit

    A Florida state appellate panel reversed a $25 million judgment against Progressive American Insurance Co. in a lawsuit brought by a pedestrian who was struck by a car, finding that the insurer wasn't given the required 60-day notice to address any bad faith dispute before a complaint was filed.

  • March 20, 2025

    9th Circ. Won't Renew Consumers' Amazon 'Buy Box' Suit

    A Ninth Circuit panel has declined to revive a consumer antitrust suit against Amazon, ruling on Thursday the plaintiffs have failed to show they were injured by the e-commerce company's practices incentivizing third-party sellers to use its logistics services with the "Buy Box" feature.

  • March 20, 2025

    Feds Ask High Court To Nix Mich. Tribal Land Trust Row

    A Michigan tribe's analysis of a law governing the state's Indigenous land claims would allow it to purchase property anywhere and then compel the U.S. to take it into trust for its benefit, the Interior Department has told the Supreme Court, arguing the interpretation would render a bizarre result.

  • March 20, 2025

    Injured Workers' Comp Lawyer Wins Coverage Of CBD Oil

    CBD oil prescribed to a workers' compensation attorney for a back injury he suffered while loading files into a trial bag must be covered by his firm, the Pennsylvania Supreme Court affirmed on appeal Thursday.

  • March 20, 2025

    Colo. Court Says No Corp. Damages Cap In Some Death Suits

    A Colorado Court of Appeals panel on Thursday held that there is no cap on damages for corporations facing wrongful death lawsuits for "felonious killings," sending a case back to a trial court to consider how much of a $15 million verdict Xcel Energy should pay.

  • March 20, 2025

    IRS SALT Cap Workaround Rule Unlawful, 2nd Circ. Told

    The Internal Revenue Service unlawfully created a rule prohibiting workarounds to the federal cap on state and local tax deductions, a New Jersey deputy attorney general told a Second Circuit panel Thursday, asking the appellate judges to overturn a lower court ruling that upheld the rule.

  • March 20, 2025

    2nd Circ. Appears Open To Restarting IBM Pension Fight

    The Second Circuit on Thursday seemed to lean toward reviving a proposed class action alleging IBM shorted retirees on pension payments through the use of outdated mortality data, with two judges asking questions about possible summary judgment proceedings in the case.

  • March 20, 2025

    Ill. Justices End Cities' Dispute Over Cooper's Hawk Sales Tax

    The Illinois Supreme Court on Thursday dismissed a suit brought by an Illinois village against a neighboring city that allegedly pocketed over $1 million in sales tax revenue owed to the village, saying the Illinois Department of Revenue has exclusive jurisdiction over such disputes between municipalities and an intermediate appellate panel wrongly revived the case.

  • March 20, 2025

    Fed. Circ. Backs PTAB Decision That Upheld Lighting IP Claim

    The Federal Circuit has backed a Patent Trial and Appeal Board finding that ELCO Lighting did not show that one claim of a DMF Inc. LED lighting system patent is invalid, calling one of ELCO's arguments "meritless."

Expert Analysis

  • 5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle

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    The Fifth Circuit's recent en banc opinion vacating Nasdaq's board diversity listing rule wades into the hotly debated topic of diversity, equity and inclusion initiatives at a time when many public companies are navigating the attention that DEI commitments are drawing from activists and shareholders, say attorneys at Debevoise.

  • Lessons Learned From 2024's Top ADA Decisions

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    Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • The 6 Most Significant FCRA Litigation Developments Of 2024

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    From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.

  • Fed. Circ. In December: A Patent Prosecution History Lesson

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    Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • The Securities Litigation Trends That Will Matter Most In 2025

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    2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.

  • What To Watch For In The 2025 Benefits Landscape

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    While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.

  • Reviewing 2024's Crucial Patent Law Developments

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    As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.

  • Contract Disputes Recap: Adjustments, Preclusion, Waivers

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    Ken Kanzawa at Seyfarth examines three recent decisions from the Civilian Board of Contract Appeals, the U.S. Court of Federal Claims and the Armed Services Board of Contract Appeals that examine distinctions between requests for equitable adjustments and claims, forum selection and res judicata, and the waiver of penalties for expressly unallowable costs.

  • The Justices' Securities Rulings, Dismissals That Defined '24

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    The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.

  • 10 Noteworthy CFPB Developments From 2024

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    In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

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    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

  • 2024 Has Been A Momentous Year For ESG

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    Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.

  • Making The Pitch To Grow Your Company's Legal Team

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    In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

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