Appellate

  • February 27, 2025

    Justices Told Bose Ruling Will Deter Patent Settlements

    A Bose rival is going to the U.S. Supreme Court after losing a Federal Circuit ruling last year that found its patents were doomed by the terms of how a related infringement case settled, warning that the decision would "dissuade parties from settlements."

  • February 27, 2025

    4th Circ. Rips 'Shaky At Best' Drug Price-Fixing Class Action

    The Fourth Circuit backed the dismissal of a proposed class action accusing drug companies of conspiring to inflate the price of a drug for Huntington's disease, writing in the opinion that the allegations are "shaky at best," "sparsely pleaded" and "stretch civil RICO liability beyond its limits."

  • February 27, 2025

    Goldstein Urges Judge To Lift Device Monitoring Requirement

    U.S. Supreme Court advocate and SCOTUSblog publisher Tom Goldstein asked a Maryland federal judge Thursday to nix a condition of his pretrial release that requires him to have monitoring equipment installed on his electronic devices.

  • February 27, 2025

    Trump Urges Ga. Justices To Leave Election Charges Nixed

    President Donald Trump has urged the Georgia Supreme Court to uphold a state appellate decision that affirmed the dismissal of six counts in the state's election interference case.

  • February 27, 2025

    McCarter & English Wants $3.8M, Ex-Client Wants New Trial

    Scarcely a month after the Connecticut Supreme Court ruled that McCarter & English LLP is not entitled to $3.6 million in punitive damages from a federal fee feud with ex-client Jarrow Formulas Inc., the firm has requested a nearly $3.8 million judgment against the supplement company, while Jarrow has requested reimbursement and a new trial.

  • February 27, 2025

    5th Circ. Backs Texas Medical Center's Race Bias Suit Win

    The Fifth Circuit refused to revive a Black researcher's suit claiming a University of Texas medical center fired him because he complained that a supervisor made offensive comments and impeded his work, finding he'd failed to identify a non-Black employee who was treated better.

  • February 27, 2025

    Calif. Panel Won't Send Class Wage Suit To Arbitration

    A California appeals court refused to overturn an order declining to send to arbitration a sanitation worker's wage and hour suit against his former employer, saying his Private Attorneys General Act claims were brought only on behalf of a class and therefore the case can stay in court.

  • February 27, 2025

    Colo. Justice Warns Attys Not To Dodge Tough Questions

    A Colorado Supreme Court justice told lawyers Wednesday not to pivot after being asked a question during oral arguments, saying justices can sense a lawyer is avoiding a topic and will go after it with a "great, invisible hook."

  • February 26, 2025

    Bank Directors Back Ex-Rabobank Exec's High Court Bid

    A bank director advocacy group has urged the U.S. Supreme Court to take up a former Rabobank compliance chief's challenge against the Office of the Comptroller of the Currency, arguing the agency engages in a practice of "regulation-by-dismissal" to the detriment of the banking industry.

  • February 26, 2025

    Tesla Wins Punitive Damages Appeal In Fla. Fatal Crash Suit

    Tesla Inc. won't face punitive damage claims in a lawsuit accusing it of causing a 2019 crash that killed a Model 3 driver, a Florida appeals court ruled Wednesday, saying the driver's widow failed to prove that the company likely knew its self-driving feature would cause death or great bodily injury.

  • February 26, 2025

    Walmart Injury Suit Wrongly Axed For Fraud, Panel Says

    A Florida state appeals court on Wednesday revived a suit seeking to hold Walmart liable for injuries suffered by a woman who allegedly ate contaminated chicken from the store, saying possible lies the woman told during a deposition didn't warrant dismissal.

  • February 26, 2025

    Matterport Tells Del. Justices Ex-CEO Cash-Out Rulings Flawed

    An attorney for 3-D building imaging company Matterport Inc. and an affiliate told Delaware's Supreme Court on Wednesday that the Court of Chancery relied on a "shockingly expansive" definition of the phrase "immediately following" in a decision that ultimately added $79 million to a former CEO's postmerger cash-out after Matterport's go-public sale.

  • February 26, 2025

    Colo. Panel Presses Plaintiff On Apparent Litigation Flip-Flop

    A Colorado state appeals court judge asked a personal injury plaintiff on Wednesday how he can argue that a telecommunications company isn't a landowner under a recreational statute when he seemingly made the opposite argument earlier in the litigation.

  • February 26, 2025

    Frontier Airlines Rips Feds' DC Airport Slots Snub

    Frontier Airlines Inc. has told the D.C. Circuit that the U.S. Department of Transportation unlawfully excluded it from competing for new slot exemptions at Ronald Reagan National Airport to operate long-distance flights, while carrier Spirit Airlines wants to have a say in the dispute.

  • February 26, 2025

    Holocaust Case Ruling Puts Similar Claimants In Tough Spot

    The U.S. Supreme Court's decision on Friday rejecting an expansive view of a sovereign immunity exception appears to have put even longer odds on lawsuits filed by claimants suing over Nazi-looted property.

  • February 26, 2025

    GOP Reps. Criticize Judges At 'Impeachathon'

    A trio of House Republicans on Wednesday unveiled a list of federal judges they're targeting for impeachment as they, along with presidential adviser Elon Musk, go after those who rule against the Trump administration's executive actions.

  • February 26, 2025

    LG Ad Co. Tells Del. Justices It Didn't Breach Deal With Firings

    An attorney for TV data company Alphonso Inc. told Delaware's top court Wednesday that the Court of Chancery wrongly ruled last year that the company and its LG Electronics Inc.-controlled board lacked authority to fire five Alphonso co-founder executive officers and two pre-deal employees in a post-deal purge.

  • February 26, 2025

    Dewberry Ruling May Lead To More Defendants In TM Fights

    Plaintiffs in trademark disputes likely will consider including multiple defendants in their complaints when it's unclear who holds the profits from the alleged infringement, according to intellectual property attorneys, after the U.S. Supreme Court remanded a case because nonparty affiliates of a defendant were ordered to pay an award that reached nearly $47 million.

  • February 26, 2025

    NLRB Asks 3rd Circ. To Save Post-Gazette Union's Power

    The National Labor Relations Board told the Third Circuit Wednesday that an injunction is needed to save what is left of the union representing newsroom employees at the Pittsburgh Post-Gazette, though members of the panel questioned if the NewsGuild's alleged loss of bargaining power was due to the publisher's actions or a two-year-long strike.

  • February 26, 2025

    Karen Read Has Already Lost Double Jeopardy Bid, Court Told

    Karen Read, the Massachusetts woman charged with running down her Boston police officer boyfriend, is not entitled to federal review of a state high court ruling rejecting her double jeopardy claim, prosecutors said in a Wednesday filing.

  • February 26, 2025

    5th Circ. Mulls Whether PPP Ineligibility Precludes Forgiveness

    A Fifth Circuit panel seemed wary Wednesday of buying a truck dealer's argument that the U.S. Small Business Administration should forgive its PPP loan, pondering whether doing so could have far-reaching consequences for litigation surrounding CARES Act loans.

  • February 26, 2025

    Cannabis Users' Gun Rights In Play In Multiple Cases

    In at least a half-dozen recent and pending federal cases, cannabis users have challenged a federal policy that bars users of illegal drugs from gun ownership, pushing courts to consider whether marijuana use makes one inherently dangerous or mentally ill.

  • February 26, 2025

    Planned Parenthood Immune From FCA Suit, 5th Circ. Says

    Planned Parenthood is entitled to attorney immunity, the Fifth Circuit said Wednesday in a case that had accused the organization of improperly billing Medicaid programs for millions after losing its Medicaid credentials.

  • February 26, 2025

    US Chamber Urges 6th Circ. To Back FedEx Pension Suit Toss

    The U.S. Chamber of Commerce urged the Sixth Circuit on Wednesday to affirm dismissal of FedEx retirees' suit alleging their pensions were undervalued due to outdated mortality data used in conversions, warning that a reversal in favor of the proposed class could set off a wave of new benefits litigation.

  • February 26, 2025

    Police Supply Store, Others Ask 5th Circ. To Keep CTA Paused

    A Texas police supply store joined with Mississippi libertarians and several other parties asking the Fifth Circuit to keep the Corporate Transparency Act on hold, saying ending the stoppage of that law could force 32 million business entities to file beneficial ownership reports.

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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