Appellate

  • January 24, 2025

    Lawmakers Want FCC Subsidy Fund Preserved At High Court

    Nearly 30 members of the U.S. House and Senate from both parties are urging the U.S. Supreme Court to keep in place the Federal Communications Commission's system of raising funds from telecom providers to pay for connectivity around the country.

  • January 24, 2025

    Trump Energy Order Disrupts High-Profile NEPA Cases

    One of President Donald Trump's first energy-related executive orders is unsettling closely watched litigation in the U.S. Supreme Court and D.C. Circuit regarding the executive branch's power to implement the National Environmental Policy Act.

  • January 24, 2025

    5th Circ. Upholds Tossing Medicare Rate Policy Challenge

    A Fifth Circuit panel said it agrees with a Texas federal judge that a lawsuit brought by four anesthesia practices claiming a Centers for Medicare and Medicaid Services policy will cost them $4 million in reduced reimbursements is statutorily barred.

  • January 24, 2025

    Fed. Circ. Upholds Intel PTAB Win In Qualcomm Fight

    The Federal Circuit said Friday it won't undo a Patent Trial and Appeal Board decision that invalidated several claims of a Qualcomm Inc. patent it had previously upheld, backing the board's latest claim construction in favor of Intel.

  • January 24, 2025

    SAP Seeks Full 9th Circ. Rehearing Of Revived Tying Suit

    German software giant SAP is asking the Ninth Circuit to reconsider its revival of data analytics company Teradata's trade secrets and tying suit against it, saying the panel wrongly applied per se antitrust treatment to a "highly innovative software market."

  • January 24, 2025

    10th Circ. Unsure Exec's Missed Argument Dooms Firing Suit

    A Tenth Circuit judge on Friday asked U.S. Bank whether it matters if a former executive knew he had another jurisdictional argument for his wrongful termination claim but failed to pursue it, in an appeal attempting to revive the executive's second suit.

  • January 24, 2025

    Netflix Urges Colo. Court To Reject Tax On Streaming Video

    Netflix subscriptions are not tangible personal property that is subject to Colorado sales tax, the company told a state appeals court, urging it to uphold a district court decision.

  • January 24, 2025

    FDA's Premium Cigar Regulations Overturned By DC Circ.

    A D.C. Circuit panel ruled on Friday that the Food and Drug Administration acted arbitrarily when subjecting premium, hand-rolled cigars to the same regulations as other tobacco products, saying the agency was wrong to overlook two studies about infrequent premium cigar use.

  • January 24, 2025

    Army Exploits Pa. Boarding School Cemetery, 4th Circ. Told

    The U.S. Army is exploiting an Indian boarding school cemetery as a repository for human remains, a Nebraska tribe told the Fourth Circuit, arguing that the military institution is conducting research and other activities that serve its goals rather than respecting the sovereignty and traditions of Indigenous people.

  • January 24, 2025

    Norfolk Southern Can't Control Fiber Installation Under Tracks

    The Michigan Supreme Court left intact a ruling that Norfolk Southern Railway Co. can't force a fiber internet provider to obtain its permission before installing cable under railroad tracks at an intersection with a public road, turning down the railroad company's appeal after oral arguments.

  • January 24, 2025

    Calif. Panel Remands Ex-DA Worker's Bias Suit Over Slur

    A California appeals panel reopened a discrimination lawsuit against the San Francisco District Attorney's Office by a Black ex-employee, saying a trial court should evaluate the city's response to a co-worker's racial slur given a state Supreme Court ruling that a single epithet can create a hostile work environment.

  • January 24, 2025

    Hunter Biden Pans IRS Agents' Appeal To Enter Privacy Suit

    Hunter Biden urged the D.C. Circuit to affirm a ruling preventing the IRS agents he has accused of improperly revealing his tax return information from intervening in his privacy suit against the U.S. government, saying the court should reject their claims about the importance of their participation.

  • January 24, 2025

    5th Circ. Won't Remand New Orleans Coastal Damage Suit

    A Fifth Circuit panel denied New Orleans' bid to have a lawsuit alleging that Chevron, ExxonMobil and other pipeline companies damaged its coastal areas returned to a Pelican State court, affirming a decision that kept the litigation in federal courts as the companies requested.

  • January 23, 2025

    4th Circ. Reads Kickback Law Broadly In Loss For Big Pharma

    The Fourth Circuit on Thursday affirmed a Virginia federal judge's ruling against a pharmaceuticals industry-backed charity looking to weaken the Anti-Kickback Statute, holding that a proposed program for helping patients cover the cost of drugs could indeed constitute a quid pro quo.

  • January 23, 2025

    Wash. Justices Back Workers' View On Moonlighting Law

    Washington's highest court clarified on Thursday that the state's moonlighting protections shield low-wage workers from noncompete terms that would outright ban them working for any competitor in any capacity, concluding that employers must narrowly tailor such restrictions to be line with employees' common-law duty of loyalty.

  • January 23, 2025

    11th Circ. Weighs Partisanship Against Race In Ga. Maps Fight

    Attorneys representing Georgia Secretary of State Brad Raffensperger on Thursday urged the Eleventh Circuit to overturn a ruling that required the state to redraw its congressional and legislative voting district maps based on a federal judge's finding that Georgia's political process was not equally open to Black voters.

  • January 23, 2025

    Conn. High Court Snapshot: Atty's Bonus, Burn Verdict

    In its next term starting Monday, the Connecticut Supreme Court will hear an appeal from an acupuncturist who doesn't want to share liability for a judgment paid to a burn victim, and consider whether to reverse a seven-figure verdict for a private equity management firm's founder, who claims other members improperly cut him out.

  • January 23, 2025

    Retired Pittsburgh Cops Overpaid For Healthcare, Panel Rules

    Pennsylvania's Commonwealth Court has ruled that the city of Pittsburgh overcharged retired police officers for healthcare benefits, rejecting the city's argument to overturn an arbitrator's award in favor of the local Fraternal Order of Police lodge as too expansive.

  • January 23, 2025

    4th Circ. Unwinds Rocket Mortgage Borrowers' Class Cert.

    A split Fourth Circuit on Thursday reversed the class certification of borrowers who accused Rocket Mortgage of inflating their home values, finding that not all potential class members could prove they were injured under the U.S. Supreme Court's heightened pleading standard in TransUnion.

  • January 23, 2025

    GOP AGs, Groups Back 11th Circ. Noncompete Ban Challenge

    A group of Republican state attorneys general filed one of a half-dozen amicus briefs Wednesday urging the Eleventh Circuit not to revive the Federal Trade Commission's ban on employment noncompete agreements, arguing the already-endangered rule exceeded FTC authority and threatens legitimate safeguards for corporate secrets.

  • January 23, 2025

    Ex-Tribal Chair Seeks High Court Review Of Extortion Verdict

    A former tribal chair in Massachusetts told the U.S. Supreme Court on Thursday that the First Circuit was wrong and stands alone in ruling that federal extortion laws apply to Native American officials as it reinstated his convictions tied to the development of a casino project.

  • January 23, 2025

    Del. Justices Won't Revive Skechers Inc. Aircraft Use Suit

    Delaware's top court on Thursday grounded with scant comment a derivative suit appeal filed on behalf of a stockholder of comfort shoemaker Skechers USA Inc. seeking revival of a dismissed lower court case alleging failure to control top executives' use of corporate aircraft for personal travel.

  • January 23, 2025

    3rd Circ. Backs Tossing USCIS Green Card Wait Time Suit

    The Third Circuit ruled in a precedential opinion on Thursday that the courts don't have jurisdiction over an Indian couple's claims that the U.S. Citizenship and Immigration Services' policy of postponing adjudication of certain green card applications violates the law, because the agency has the delegated power to set its own systems for handling applications.

  • January 23, 2025

    7th Circ. Says Ex-Manager's Noncompete Allowed Clawback

    The Seventh Circuit reopened an auto parts company's lawsuit seeking to recover proceeds a plant manager got from selling shares he was granted, saying Delaware's top court has made clear that a lower court shouldn't have analyzed whether the forfeiture-for-competition provisions of the stock agreements were reasonable.

  • January 23, 2025

    Maxell Can't Recharge Battery Patents At Fed. Circ.

    Japanese consumer electronics outfit Maxell lost another appeal Thursday over its setbacks at the Patent Trial and Appeal Board in its fight with a major Chinese rival in the lithium-ion battery market.

Expert Analysis

  • Public Corruption Enforcement In 2024 Has Clues For 2025

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    If 2024 activity is any indication, the U.S. Supreme Court will likely continue to rein in expansive prosecutorial theories of fraud in the year to come, but it’s harder to predict what the new administration will mean for public corruption prosecutions in 2025, says Cathy Fleming at Offit Kurman.

  • Issues To Watch In 2025's ERISA Litigation Landscape

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    Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.

  • Patent Ruling Sheds Light On Printed Matter Doctrine

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    Patent attorneys should pay attention to the claim language highlighted in Ioengine v. Ingenico, where the Federal Circuit held that program code was not printed matter, but essentially instructions or content, and therefore not subject to the printed matter doctrine for patent challenges, says Irah Donner at Manatt.

  • Calif. Justices' Options In Insurance Exhaustion Case

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    Fox Paine v. Twin City Fire Insurance may serve as the California Supreme Court's opportunity to firmly establish precedent with respect to a strict adherence to excess insurance policies' exhaustion provisions when the language is clear and explicit, says Aiden Spencer at Langsam Stevens.

  • Justices Could Stitch Up ERISA Circuit Split With Cornell Case

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    In Cunningham v. Cornell, scheduled for oral arguments next week, the U.S. Supreme Court has the opportunity to provide uniform pleading standards for Section 1106(a) of the Employee Retirement Income Security Act, the lack of which has vexed circuit courts and benefits counsel for years, says Scott Tippett at Offit Kurman.

  • Considering The Status Of The US Doctrine Of Patent Misuse

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    A recent Ninth Circuit decision and a U.K. Court of Appeal decision demonstrate the impact that the U.S. Supreme Court's 2015 decision in Kimble v. Marvel Entertainment has had on the principle that post-patent-expiration royalty payments amount to patent misuse, not only in the U.S. but in English courts as well, say attorneys at Covington.

  • Series

    Playing Rugby Makes Me A Better Lawyer

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    My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.

  • Looking Back At 2024's Noteworthy State AG Litigation

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    State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.

  • Opinion

    No, Litigation Funders Are Not 'Fleeing' The District Of Del.

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    A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.

  • The Compliance Trends And Imperatives On Tap In 2025

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    The corporate ethics and compliance landscape is rapidly evolving, posing challenges from conflicting stakeholder expectations to technological disruptions, and businesses will need to explore human-centered, data-driven and evidence-based practices, says Hui Chen at CDE Advisors.

  • Opinion

    Congress Should Finally Add Clarity To Section 101

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    With both the U.S. House of Representatives and Senate introducing bills to provide guidance on what qualifies as patentable subject matter under the Patent Act, Congress will hopefully put an end at last to 10 years of uncertainty surrounding the question, says David Carstens at Carstens Allen.

  • 5 Advertising Law Trends To Watch In 2025

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    Although advertisers are encouraged by the incoming Trump administration's focus on deregulation, this year could feel like wading through uncharted waters, and decreased federal government regulation may mean increased state regulation, say attorneys at Reed Smith.

  • 5 E-Discovery Predictions For 2025 And Beyond

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    In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.

  • NY Plastic Pollution Verdict May Not Bode Well For Other Suits

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    The dismissal of New York state's public nuisance complaint against PepsiCo over pollution of the Buffalo River with the company's single use plastic bottles may not augur well for similar lawsuits filed by Baltimore and Los Angeles County, although tort law varies from state to state, say attorneys at Winston & Strawn.

  • What To Expect From Federal Cybersecurity Policy In 2025

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    There are 12 cyber policy questions to keep an eye on as the new administration and Republican control of Congress present an opportunity to advance less regulatory approaches and revisit some choices from the prior administration, say attorneys at Wiley.

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