Appellate

March 24, 2025
Fed. Circ. Cuts $2.6M From $10M Car Wash Patent Verdict

The Federal Circuit on Monday cut nearly $2.6 million from an over $10 million verdict against Wash World Inc. for infringing a rival's car wash patent, saying that part of the award involved products unrelated to the patent, but refused to undo the infringement finding.
March 24, 2025
Justices Asked To Weigh Mississippi Ban On Medical Pot Ads

The owner of a Mississippi medical marijuana company has asked the U.S. Supreme Court to hear a First Amendment challenge to the state's ban on cannabis advertisements, which was recently upheld by the Fifth Circuit.
March 24, 2025
NC Justices Set Preservation Rule For Bids To Undo Verdicts

The former CEO of a high-speed knitting machine manufacturer failed to preserve key arguments at the trial court in his efforts to undo a jury's $3 million award against him for self-dealing, North Carolina's highest court said Friday, using his case to endorse preservation requirements for parties asking a judge to overturn a jury verdict.
March 24, 2025
IRS Abused Its Power In Levy Suit, Justices Told

A New Jersey woman should be allowed to continue challenging her tax debt in a property seizure hearing after the IRS withheld her tax refunds and dropped its levy pursuit, business and tax groups told the U.S. Supreme Court on Monday, saying the agency had abused its power.
March 24, 2025
NFL Blew Chance To Keep Atty Fees, Ex-Player Tells 5th Circ.

Former NFL player Michael Cloud, whose award of disability benefits by the league was reversed in 2023, told the Fifth Circuit that the league had forfeited its chance to reverse the awarding of attorney fees and should have its second attempt thrown out.
March 24, 2025
Fed. Circ. Reverses PTAB Decision On Logistics Patent App

The Federal Circuit ruled Monday that it disagreed with how the Patent Trial and Appeal Board interpreted legal precedent on prior art, telling it to take another look at a patent application covering early online innovations in the freight transit sector that was filed more than two decades ago.
March 24, 2025
9th Circ. Won't Revive Talent Agency's Litigation Coverage Bid

United Talent Agency isn't entitled to coverage from Markel American Insurance Co. in an underlying lawsuit alleging the talent company poached a rival's clients, the Ninth Circuit has said, finding the underlying claims involved "willful acts" by United Talent that block coverage under the California Insurance Code.
March 24, 2025
Colo. Justices Say ABA Standards Don't Trump State's Rules

The Colorado Supreme Court on Monday affirmed disciplinary sanctions against a lawyer who unloaded expletives at school staff in the presence of his minor client, finding in an opinion that the American Bar Association's standards for lawyer sanctions are "an important guiding authority" but don't override Colorado's own rules.
March 24, 2025
Retired 1st Circ. Judge Boudin Dies At 85

Retired First Circuit Judge Michael Boudin, whose notable opinions during nearly three decades on the appeals court included a finding that the Defense of Marriage Act was unconstitutional, died Monday at 85 following a long struggle with Parkinson's disease, his nephew confirmed.
March 24, 2025
7th Circ. Backs Denial Of Atty Fees In Union Trusteeship Case

An Illinois federal judge did not abuse his discretion by failing to award attorney fees to a broadcasters union local after its fight with the national union over a trusteeship, a Seventh Circuit panel ruled Monday, holding that the judge substantiated his decision.
March 24, 2025
Texas High Court Revives Developer's Floodplain Takings Suit

The Texas Supreme Court has said a developer can again argue at trial court that Houston's new floodplain system thwarted its planned community and amounted to a regulatory taking, even though the ordinance was a valid exercise of police power.
March 24, 2025
Colo. Justices Take Subcontractor's Forfeit For Excess Case

The Colorado Supreme Court will consider whether a construction company that allegedly overstated how much it was owed from a project to build a new Denver rail line forfeited its ability to pursue any remedy for that $12.7 million claim, in a case involving a novel interpretation of a public works law.
March 24, 2025
Deadline In Removal Review Cases Not Rigid, High Court Told

A Jamaican drug dealer ordered deported by U.S. immigration authorities who is seeking shelter in the country for fear of torture back home was joined by the U.S. government on Monday in telling the U.S. Supreme Court that his court challenge to a deportation order was not precluded by federal law, and was timely.
March 24, 2025
Judges Question T-Mobile Over Skipping Jury Trial

Judges from the D.C. Circuit on Monday questioned why T-Mobile and Sprint didn't exercise their right to challenge the Federal Communications Commission's $92 million combined fine for selling subscriber locations in a jury trial, suggesting that option may have been more fruitful than paying the fine and going to appellate court.
March 24, 2025
Gorsuch, Alito Say Confrontation Clause Issue Merits A Look

Justices Neil Gorsuch and Samuel Alito called Monday for the U.S. Supreme Court to reexamine what accusations can be introduced at trial without cross-examination, saying a conviction resting on a pre-arraignment form shows that current legal frameworks have strayed from the traditional intent surrounding the confrontation clause.
March 24, 2025
3rd Circ. Upholds No-Coverage Ruling For PNC's $106M Loss

PNC Bank NA can't get coverage for a more than $106 million judgment it paid over underlying claims that a bank PNC acquired had mismanaged certain trust accounts, the Third Circuit ruled, finding a provision that barred coverage for wrongful acts occurring before an acquisition was applicable.
March 24, 2025
Reed Smith Accused Of Interference In $102M Award Fight

The purported new owners of Eletson Holdings Inc., a reorganized international shipping group, have urged the Second Circuit to nix Reed Smith's appeal challenging the law firm's removal as counsel for the company's prebankruptcy shareholders in an enforcement action, saying the former owners declined the opportunity to intervene and that their counsel cannot intervene on their behalf.
March 24, 2025
Trump Asks High Court To Halt Fed. Workers' Reinstatement

The Trump administration asked the U.S. Supreme Court on Monday to pause a California federal court order reinstating tens of thousands of probationary federal workers who were fired from six agencies, arguing the band of nonprofit groups that obtained the order have no standing to challenge the firings.
March 24, 2025
High Court Won't Weigh In On NLRB's Partial Closure Order

The U.S. Supreme Court on Monday declined to review a Sixth Circuit decision that found a bulk food delivery contractor illegally closed a terminal in Kentucky after a union organizing drive, leaving in place the National Labor Relations Board's decision against the company.
March 24, 2025
NC High Court OKs Fee Suit Over Campus COVID Closures

The North Carolina Supreme Court has kept alive a proposed class action over student fees paid to public universities whose campuses shut down during the COVID-19 pandemic, finding sovereign immunity doesn't bar the students' breach of contract claims.
March 24, 2025
Justices Turn Away 2 NLRB Loper Bright Review Cases

The U.S. Supreme Court won't disturb rulings by the Ninth and Sixth circuits that upheld losses for a pair of employers before the National Labor Relations Board, rejecting two petitions for review Monday that invoked last year's Loper Bright decision.
March 24, 2025
NC Justices Back Permit Approval For Disputed Asphalt Plant

North Carolina's highest court reversed a lower court's ruling that a contested permit to build an asphalt plant in Ashe County should not have been issued, ruling that the company looking to develop the facility had properly submitted its application even if it didn't have state approval for the project at the time.
March 24, 2025
Dog Toy Maker Appeals Injunction In Jack Daniel's TM Dispute

The maker of a poop-themed dog toy that mimics Jack Daniel's bottles is appealing a permanent injunction that an Arizona federal court entered after finding the company tarnished the whiskey-maker's brand by associating it with feces.
March 24, 2025
Justices Won't Hear Peanut Truck Co.'s Excise Tax Case

The U.S. Supreme Court said Monday it will not hear a Georgia company's case arguing the IRS wrongly denied it an excise tax exemption for the special trucks it makes for peanut farming, letting stand an Eleventh Circuit ruling.
March 24, 2025
Justices Won't Review Missing Comma Coverage Ruling

The U.S. Supreme Court won't review an Eleventh Circuit decision that a missing comma in a Chubb unit's professional services policy did not alter its clear and unambiguous meaning excluding coverage for a food service company's audit, according to an order list Monday.

Expert Analysis

Exploring Venue Strategy For Trump-Era Regulatory Litigation

Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.
Lessons Learned From 2024's Top FMLA Decisions

Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.
5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle

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

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

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

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

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

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

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

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

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

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

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

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

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.