Appellate

  • April 09, 2025

    Tribe Warns High Court Of Dire Impact If Land Trust Bid Fails

    A Michigan tribe seeking to undo an order denying its bid to compel the federal government to take 73 acres into trust for a casino venture outside of Detroit says a Supreme Court rejection of its petition will have disastrous consequences for its members and other similarly situated tribes.

  • April 09, 2025

    'You Won,' Fed. Circ. Judge Tells Drug Co. Fighting Injunction

    The Federal Circuit vacated an injunction Wednesday that had barred Sun Pharmaceutical from launching its alopecia drug Leqselvi, less than an hour after oral arguments where the judges had little sympathy for a patent owner that was years away from bringing its drug to market.

  • April 09, 2025

    Mich. Panel: Gilead Immune From Recalled COVID Drug Suit

    Gilead Sciences Inc. has escaped a lawsuit pinning a man's strokes on doses of an antiviral COVID-19 medication that were later recalled, with a Michigan state appeals court finding that the company is protected by a public health law's liability shield.

  • April 09, 2025

    Full Fed. Circ. Lets Stand Patent Tied To $400M Labcorp Loss

    The full Federal Circuit on Wednesday rejected Labcorp's request for a review of a panel decision foiling its bid to challenge patent claims underpinning an infringement judgment against it that now totals $400 million.

  • April 09, 2025

    DC Circ. Seems Open To Narrowing CFPB Injunction

    A D.C. Circuit panel seemed divided Wednesday on the Trump administration's bid to stave off a lower court order barring it from shutting down the Consumer Financial Protection Bureau as a U.S. Department of Justice attorney disavowed plans to shutter the agency.

  • April 09, 2025

    Mass. Justices Asked To Raise Bar For Pension, Benefit Loss

    Massachusetts' highest court was asked on Wednesday to adopt a more expansive interpretation of what constitutes cruel or unusual punishment or an excessive fine in the case of a former state trooper whose $1 million public pension and healthcare benefits were forfeited after his conviction in an overtime fraud case.

  • April 09, 2025

    2nd Circ. Allows Takeda To Appeal Actos Antitrust Class Cert.

    A split Second Circuit will allow Takeda Pharmaceuticals Co. to immediately appeal a New York federal judge's ruling certifying two classes of direct purchasers and end payors in consolidated antitrust actions accusing the company of unlawfully inflating the price of its diabetes treatment Actos by delaying the entry of generic alternatives.

  • April 09, 2025

    Miami Dolphins Win Arbitration Bid In Crowd Brawl Suit

    A Florida appellate panel on Wednesday sent to arbitration a lawsuit attempting to hold the Miami Dolphins liable for injuries a woman suffered after a fight broke out in the stands, ruling that although the plaintiff did not purchase the tickets, the arbitration clause was still valid.

  • April 09, 2025

    Colo. Justices Uneasy With Presumption For Malicious Claims

    Colorado justices on Wednesday worried about creating an "almost impossible" burden to overcome if they agreed that a broker's failure to get a pretrial win in a professional negligence suit should automatically undercut her malicious prosecution case, with one justice noting that judges can be "gun shy" about not letting juries decide a case.

  • April 09, 2025

    2nd Circ. Doubtful Of Push To Thaw Assets For Debt Relief Biz

    A Second Circuit panel seemed unconvinced Wednesday by a debt relief network's argument that the rule federal and state enforcers invoked to shut it down didn't apply because the targeted business practices included in-person interactions, with two judges noting that the home visits followed phone conversations where the actual selling was likely made.

  • April 09, 2025

    Justices Urged To Look At Fed. Circ. Ax Of $13M IP Verdict

    A patent-holding company has asked the U.S. Supreme Court to review a Federal Circuit decision that threw out a $13 million jury verdict against NCR Corp. in a suit accusing it of infringing two payment processing patents.

  • April 09, 2025

    Fla. Panel Axes Forfeiture Of Gold Coins Found In Condo Wall

    A Florida state appellate court on Wednesday reversed a forfeiture of a hoard of Krugerrand gold coins that police seized from a day laborer after a three-judge panel found he was denied due process rights, giving him a chance to keep the loot he discovered while demolishing a condominium wall in Miami.

  • April 09, 2025

    Okla. Charter School Funding Args Need Clarity, Justices Told

    Indigenous organizations have weighed in on a dispute set to be argued later this month before the U.S. Supreme Court over whether Oklahoma can publicly fund the nation's first Catholic charter school, telling the justices that historical examples cited in the case of the federal government paying for Native boarding schools need clarification.

  • April 09, 2025

    EPA Asks DC Circ. To Extend Time In PFAS Case

    The U.S. Environmental Protection Agency has asked the D.C. Circuit for a temporary suspension in a case brought by water utility associations and chemical industry players over new rules about limits on forever chemicals in the nation's drinking water, given the new administration.

  • April 09, 2025

    Del. Justices Grapple With 'Knowability' In Stock Sale Appeal

    Delaware's chief justice said Wednesday the court recognized the seeming unfairness in a stockholder's bid against dismissal of his court challenge to a state sale of tech company shares as long-abandoned property, but cautioned that commercial interests need certainty in their markets.

  • April 09, 2025

    Roberts Pauses Rehiring Of Fired NLRB, MSPB Members

    Chief Justice John Roberts temporarily paused an en banc D.C. Circuit's order reinstating two fired members of the National Labor Relations Board and the Merit Systems Protection Board on Wednesday, in a dispute that challenges a 90-year-old U.S. Supreme Court ruling protecting certain government officials from presidential removal.

  • April 09, 2025

    Religious Mission Justifies Philly Injection Site, 3rd Circ. Told

    Counsel for a nonprofit seeking to open a safe injection site in Philadelphia told the Third Circuit Wednesday that it qualified as a religious organization immune from prosecution, despite not having any spiritual language in its incorporation documents.

  • April 09, 2025

    Trade Court Judge Beats Ethics Charges Over Clerk Boycott

    A U.S. Court of International Trade judge did not engage in impermissible political activity when he threatened not to hire law clerks who attended Columbia University because of the school's handling of protests over Israel's war in Gaza, the Judicial Council of the Seventh Circuit has found.

  • April 09, 2025

    Fraudster Says Sentencing Judge Overlooked Harsh Detention

    A California man convicted in a $2 million investment fraud scheme asked the Fourth Circuit Wednesday to overturn his 70-month prison sentence, arguing that a North Carolina federal judge wrongly denied his request for a shorter term based on time he spent in harsh overseas detention.

  • April 09, 2025

    NC Fights Bias Finding In Death Row Case After Clemency

    North Carolina has asked the state Supreme Court to review a trial court ruling finding racial bias tainted the jury selection at a Black man's capital murder trial, saying the man's case was rendered moot in December when the outgoing governor commuted his sentence, according to a petition filed Monday.

  • April 09, 2025

    Fed. Circ. Says 'Highly Descriptive' Voter TMs Not Protectable

    The Federal Circuit on Wednesday concluded that the Heritage Alliance's trademarks for "iVoterGuide" and "iVoterGuide.com" are highly descriptive and not protectable, rejecting a challenge to the American Policy Roundtable's use of "iVoters" and "iVoters.com" despite a likelihood of confusion between the organizations' marks.

  • April 09, 2025

    Mich. Justices Weigh Prosecutor's Use Of Outside Law Firms

    The Michigan Supreme Court grappled Wednesday with whether an elected county prosecutor may spend public funds to retain outside law firms after his relationship with in-house counsel broke down.

  • April 09, 2025

    GameStop Customer Wants 'Boring' Browsing To Stay Private

    GameStop Inc.'s use of third-party software to record customers' online browsing violates Pennsylvania's wiretap law, even if the data collected isn't sensitive or traceable to a particular person, a proposed class representative told the Third Circuit during an oral argument Wednesday.

  • April 09, 2025

    Immigration Board Says Appeal Period Starts On Decision Day

    The Board of Immigration Appeals said when an immigration judge issues an oral decision, noncitizens must file an appeal within 30 days from the date the decision is rendered for it to be considered timely. 

  • April 09, 2025

    5th Circ. Backs LSU's Win In Fired Director's Retaliation Suit

    The Fifth Circuit said an ex-football director for Louisiana State University isn't owed a new trial in her suit claiming she was fired for complaining that an assistant coach exposed himself to her, saying she couldn't overcome the university's position that a new head coach just wanted to clean house.

Expert Analysis

  • 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.

  • 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.

  • 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.

  • 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.

  • Justices May Find Gov't Can Keep Fraudulent Transfer Benefit

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    Based on the justices' questions at the recently argued U.S. v. Miller, the Supreme Court appears prepared to hold that the U.S. — unlike any other creditor — is permitted to retain the benefits of a fraudulent transfer to the detriment of other bankruptcy creditors, says Kevin Morse at Clark Hill.

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