Appellate

  • September 06, 2024

    Texas Justices To Weigh In On Native American Park Dispute

    The Texas Supreme Court agreed Friday to answer a question from the Fifth Circuit about religious freedom under the Lone Star State's constitution to aid the federal appellate court in resolving a dispute between Native American church members and San Antonio over access to a local park.

  • September 06, 2024

    IHS Seeks Stay In $17M Suit In Wake Of High Court Ruling

    The Indian Health Service is asking for a stay in a challenge by a Navajo Nation hospital board that seeks $17.4 million in unpaid contract support costs, saying the agency is working toward a methodology on how to address claims stemming from a recent U.S. Supreme Court decision on the issue.

  • September 06, 2024

    Sharpe Rips Favre's Nod To Palin-NYT Ruling As Irrelevant

    Sportscaster Shannon Sharpe blasted former NFL quarterback Brett Favre on Friday for improperly asking the Fifth Circuit to consider, as it mulls reviving a case against Sharpe, a recent ruling that granted Sarah Palin a new libel trial against the New York Times.

  • September 06, 2024

    4 ERISA Arguments To Watch In September

    The Ninth Circuit will weigh two cases involving whether class claims under the Employee Retirement Income Security Act can be forced into solo arbitration, and the Second Circuit will hear Yale University workers' bid to revive their retirement plan mismanagement suit. Here are four upcoming oral argument sessions that benefits attorneys should have on their radar.

  • September 06, 2024

    Enviro Groups Challenge FERC Approval Of La. LNG Terminal

    Environmental groups and fishermen have called on the D.C. Circuit to slash the Federal Energy Regulatory Commission's approval of a massive liquefied natural gas export terminal in Louisiana, saying the move violates federal law and illustrates the agency's "failure to consider and approve projects that are truly in the public interest."

  • September 06, 2024

    Lewis Roca Taps Ex-Arnold & Porter Appellate Pro As Partner

    Lewis Roca Rothgerber Christie LLP is continuing to grow its presence in the Golden State, bringing in an appellate veteran to join as a litigation partner at the firm's San Francisco office.

  • September 06, 2024

    Atty Loses Bid To Revive NJ Malpratice Suit Against 2 Firms

    A New Jersey state appeals court on Friday upheld the dismissal of an attorney's common law fraud and negligence claims against two law firms for allegedly misrepresenting a debt he owed.

  • September 06, 2024

    'Judges Live In Fear' After Trump Rulings, Colo. Justice Says

    Colorado Supreme Court Justice Melissa Hart on Friday said she had the "scariest night of my life" following a decision to bar former president Donald Trump from the state's ballot, adding that judges involved in Trump election cases "live in fear" because of death threats and a divisive political climate.

  • September 06, 2024

    Mass. Justices Not Wedded To Engagement Ring Precedent

    A fight over a $70,000 Tiffany diamond ring could upend a decades-old Massachusetts precedent that treats engagement rings differently from other gifts, justices on the state's highest court hinted Friday.

  • September 06, 2024

    2nd Circ. Tests Trump Bid To Overturn $5M Carroll Verdict

    A Second Circuit panel indicated Friday that Donald Trump faces an uphill climb in seeking a new trial after a jury found he sexually abused writer E. Jean Carroll and awarded her $5 million in damages.

  • September 06, 2024

    NJ Atty Censured Over 'Protracted Conflict Of Interest'

    A New Jersey attorney has been censured in connection with his representation in an action over environmental contamination of a real estate property.

  • September 06, 2024

    Airline Asks 9th Circ. Panel To Reconsider Military Leave Suit

    A Ninth Circuit panel didn't address whether a former Alaska Airlines pilot advanced enough evidence to show the airline denied him accrued vacation and sick time while on military stints, the company said, urging the panel to revisit its decision flipping the airline's earlier win.

  • September 06, 2024

    Trump Sentencing Pushed Back Until After Election

    The New York judge overseeing Donald Trump's hush money case said Friday he will not sentence the former president before Election Day, pushing the hearing date from Sept. 18 to Nov. 26 in an effort to avoid the appearance of political considerations.

  • September 06, 2024

    Judge Newman's Suspension Extended For Another Year

    Federal Circuit Judge Pauline Newman was barred Friday from hearing cases for at least another year due to her refusal to participate in an investigation into her health, with the appeals court's other judges deciding unanimously to extend a suspension that began last year.

  • September 05, 2024

    11th Circ. Backs Miami's Defeat Of Ex-Worker's Bias Suit

    The Eleventh Circuit backed the city of Miami's win over a building services employee's lawsuit claiming she was fired because she's a Black lesbian woman, saying Thursday she failed to take issue with the trial court's rationale for tossing the case.

  • September 05, 2024

    Lawmakers, AGs Urge Justices To OK Denial Of E-Cig Apps

    A coalition of state attorneys general and a group of Democratic Congress members are backing the U.S. Food and Drug Administration in its fight to persuade the U.S. Supreme Court to overturn a decision striking down the denials of applications to market flavored vapes.

  • September 05, 2024

    TM Ruling Creates Way To Pierce Corporate Veil, Justices Told

    A conservative legal group says that a Fourth Circuit ruling the justices have agreed to review over a $43 million trademark award in a fight between two businesses that use the name "Dewberry" provides a new way to pierce the corporate veil that "veers far from acceptable legal principles."

  • September 05, 2024

    Ohio Justices Craft New Jury Rule For Negligence Trials

    An Ohio state appeals court on Friday reinstated a jury verdict clearing a hospital and others of liability in a suit accusing them of negligently causing a patient's death, and it set new guidelines for jury deliberations in all negligence cases.

  • September 05, 2024

    US, Germany Back Hungary In Holocaust Seizure Fight

    The United States and Germany are both backing Hungary as it urges the U.S. Supreme Court to nix a D.C. Circuit decision greenlighting expropriation claims by Czechoslovakian plaintiffs over the Hungarian government's confiscation of property owned by Jews during the Holocaust.

  • September 05, 2024

    Navy Justifiably Terminated Deal Over Staffing, Fed. Circ. Told

    The U.S. Navy has urged the Federal Circuit to uphold a lower court ruling finding that it reasonably canceled a deal with a defense contractor to perform work at the naval air station in Jacksonville, Florida, over proper staffing, saying the company didn't follow the agreement's terms to provide a team of 20 professionals.

  • September 05, 2024

    Labor, Industry Agree: Mich. Wage Ruling Should Stand

    Hospitality groups and workers' rights campaigners have both slammed Michigan regulators' request that the state supreme court clarify its recent minimum wage ruling, the groups coming to opposite conclusions about the state's intent but agreeing that the justices should deny the request and let the ruling speak for itself. 

  • September 05, 2024

    Law Firms Appeal Atty Fee Denial In Opioid Settlements

    Two law firms, Goldstein & Russell PC and Kelley & Ferraro LLP, have claimed in an appeal to the Sixth Circuit that they were improperly shut out of the $2.13 billion attorney fee pool created by recent national opioid settlements with major pharmaceutical companies and pharmacy chains.

  • September 05, 2024

    Wash. Justices Uphold State's Wastewater Nitrogen Limits

    The Washington Supreme Court overturned a win for the city of Tacoma and other municipal wastewater treatment plant operators challenging state caps on nitrogen discharges, finding Thursday that the limits state regulators added to its permits don't qualify as a rule under the Administrative Procedure Act.

  • September 05, 2024

    Referral Model Means No Tax Exemption For Texas Health Co.

    The commissioner of the U.S. Internal Revenue Service told a Fifth Circuit panel Thursday that the U.S. Tax Court got it right when it barred a Texas company that coordinates healthcare for chronically ill patients from claiming tax-exempt status, telling the court that secondary social welfare effects of the company's business model aren't enough to establish tax-exempt status.

  • September 05, 2024

    9th Circ. Says Court 'Lost The Letter' In ERISA Coverage Row

    A California federal court "lost the letter" in remanded proceedings over allegations that United Behavioral Health improperly denied nearly 70,000 claims for mental health coverage, the Ninth Circuit has said in a new memorandum.

Expert Analysis

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Series

    After Chevron: The Future Of AI And Copyright Law

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    In the wake of the U.S. Supreme Court’s recent decision to overrule the Chevron doctrine, leaders in the artificial intelligence industry may seek to shift the balance of power to courts to exercise more independent statutory interpretation without constraints from the U.S. Copyright Office, says Greg Derin at Signature Resolution.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • 3 Presidential Privilege Questions After Trump Ruling

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    The U.S. Supreme Court's recent decision in Trump v. U.S., carving out a new evidentiary privilege for presidents, leaves unanswered several key questions concerning whether this new privilege is waivable or subject to various exceptions, says Jeremy Bates at Frankfurt Kurnit.

  • Notable Q2 Updates In Insurance Class Actions

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    Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.

  • What To Know About Major Fla. Civil Procedure Rule Changes

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    The Florida Supreme Court recently amended the state's Rules of Civil Procedure, touching on pretrial procedure, discovery, motion and trial practice, and while the amendments are intended to streamline cases, the breadth of the changes may initially present some litigation growing pains, say Brian Briz, Benjamin Tyler and Yarenis Cruz at Holland & Knight.

  • Prior Art Takeaways From Fed. Circ. Public Disclosure Ruling

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    While the Federal Circuit’s recent ruling in Sanho v. Kaijet clarified that a private sale is not a public disclosure under patent law, there remains significant room for advocacy, as the opinion lacked meaningful guidance on how to satisfy the public disclosure exception to prior art, says Derrick Carman at Robins Kaplan.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • Perspectives

    2 High Court Rulings Boost Protections Against Gov't Reprisal

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    The U.S. Supreme Court’s recent decisions in Gonzalez v. Trevino and Chiaverini v. City of Napoleon significantly strengthen legal protections against retaliatory arrests and malicious prosecution, and establish clear precedents that promote accountability in law enforcement, say Corey Stoughton and Amanda Miner at Selendy Gay.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • 3 High Court Rulings May Shape Health Org. Litigation Tactics

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    Three separate decisions from the U.S. Supreme Court's most recent term — Loper Bright, Corner Post and Jarkesy — will likely strengthen healthcare organizations' ability to affirmatively sue executive agencies to challenge regulations governing operations and enforcement actions, say attorneys at McDermott.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • How Calif. Justices' Prop 22 Ruling Affects The Gig Industry

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    The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.

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