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Appellate
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March 07, 2025
4th Circ. Overturns Remand Of Md., SC PFAS Suits Against 3M
U.S. district court judges erred when they sent lawsuits Maryland and South Carolina filed against 3M over environmental contamination from consumer products containing forever chemicals back to state courts, a split Fourth Circuit panel ruled Friday.
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March 07, 2025
Hints Of A New High Court Majority Emerge In Trump Cases
The U.S. Supreme Court's recent rejection of President Donald Trump's bid to keep frozen nearly $2 billion in foreign aid funding gave court watchers a glimpse of a coalition majority that could end up thwarting some of the president's more aggressive and novel attempts to expand executive power.
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March 07, 2025
Frost Bank Wins Arbitration Right In Texas Ownership Dispute
A Texas appeals court has found Frost Bank has the right to compel arbitration in a tangled ownership dispute involving a privately owned South African packaging company's Texas affiliate, holding Thursday that the bank has a valid arbitration agreement.
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March 07, 2025
Ohio, PBMs Say High Court Ruling Didn't End Pricing Appeal
Ohio state enforcers have told the Sixth Circuit an appeal in their case accusing Express Scripts and Prime Therapeutics of driving up prescription drug prices was not resolved by a U.S. Supreme Court decision dealing with federal versus state jurisdiction.
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March 07, 2025
9th Circ. Critical Of Nordstrom Nixing $6.7M Order
A Ninth Circuit judge doubted Nordstrom Inc.'s stance on Friday in a suit accusing it of using labor concerns as a false pretense to pull a $6.7 million menswear order, calling the department store chain's alleged oversupply of dress shirts at the time of the cancelation "the elephant in the room."
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March 07, 2025
Del. Justices Side With Gov. In State Port Appointment Battle
Delaware's Supreme Court handed Democratic Gov. Matt Meyer a precedential win Friday in an early-term battle with the state's Democratic-controlled Senate over appointments to the Diamond State Port Corp., operators of the Port of Wilmington.
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March 07, 2025
Apple Prevails In Watch Tech Patent Fight At Fed. Circ.
The Federal Circuit handed Apple a significant victory Friday in a dispute that might have led to a ban on imports of its smartwatches, affirming that a competing company's heart monitor patents are invalid and vacating a conflicting U.S. International Trade Commission decision that found the watches infringed those patents.
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March 07, 2025
Ex-Novo Nordisk Worker Can't Reopen Harassment Suit
A former employee of Novo Nordisk can't revive her lawsuit claiming she was let go because she is a Jewish woman and had a back and hip injury, a California state appeals court ruled, finding no issue with a trial court tossing the case after she failed to oppose the move.
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March 07, 2025
4th Circ. Set To Consider NASCAR Antitrust Injunction In May
The Fourth Circuit will hear arguments on May 9 as to whether NASCAR should be extricated from an injunction forcing it to offer charter contracts to two teams — including one co-owned by former NBA star Michael Jordan — that have accused the league of antitrust violations.
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March 07, 2025
1st Circ. Nixes Order Halting Foxconn Patent Arbitration
The First Circuit on Thursday nixed an order barring a subsidiary of Taiwanese electronics manufacturer Foxconn from pursuing arbitration in China of a patent dispute with a U.S. power systems manufacturer while related proceedings at the U.S. International Trade Commission are ongoing.
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March 07, 2025
Okla. Gov.'s Brother Can't Use McGirt Ruling to Avoid Ticket
Keith Stitt, brother of Oklahoma Gov. Kevin Stitt, can't dodge a speeding ticket on the back of a 2020 landmark U.S. Supreme Court ruling, a state appeals court panel said, arguing that the city of Tulsa, Oklahoma, maintains jurisdiction over the dispute.
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March 07, 2025
CPKC Rail Merger Enviro Review Needs Redo, DC Circ. Told
A group of Illinois towns told the D.C. Circuit on Friday that federal regulators relied on flawed train traffic data to approve Canadian Pacific's $31 billion merger with Kansas City Southern, failing to account for significant public safety and environmental harms to Windy City communities.
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March 07, 2025
Gas Station Asks 11th Circ. To Revive Pollution Coverage Suit
A Florida gas station owner asked the Eleventh Circuit on Friday to revive its lawsuit trying to get Nautilus Insurance Co. to cover the costs to clean up contamination caused by a leaking underground fuel tank, telling the appeals court the company did not learn of the leak until after the policy went into effect.
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March 07, 2025
For Many Biden Clemency Grantees, Freedom Is On Hold
Former President Joe Biden set records when he granted approximately 2,500 people clemency at the end of his term, but the process of getting out of prison for those people has not been so straightforward and two months later, a majority remain in custody.
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March 07, 2025
Texas High Court Passes On 1 Of 3 'Love Is Blind' Fights
The Texas Supreme Court on Friday declined to take up a dispute between the producers behind the Netflix reality series "Love Is Blind" and a former contestant, passing on one of three appeals that stem from the show's fifth season.
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March 07, 2025
9th Circ. Probes Ax Of Trader Joe's IP Suit Against Union
Ninth Circuit judges on Friday questioned a federal judge's decision to toss Trader Joe's trademark suit against a union selling merchandise with the grocers' name, with one saying it was "a little bit unusual" to have a determination about the likelihood of confusion decided at the motion to dismiss stage.
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March 07, 2025
Utah Court Affirms Walmart's Collective $52M Property Value
A trio of Utah-based Walmart retail properties were correctly assessed at a collective $52 million for property tax, a Utah appeals court said, finding that a lower court didn't make any errors when valuing the three properties.
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March 07, 2025
Prison Phone Co. Floats New FCC Rate Cap Plan
Prison phone company NCIC Correctional Services is hoping to kill several birds with one stone by presenting the Federal Communications Commission with a proposal it says would fix issues with a 2024 order changing how the phone prison payment system works and resolve some issues it has on appeal at the First Circuit.
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March 07, 2025
Mich. Justices Ax Bid To Sue Pizza Delivery Driver's Employer
The Michigan Supreme Court on Friday dismissed an appeal from a woman who argued her settlement with a Jet's Pizza delivery driver who rear-ended her did not bar vicarious liability claims against his employer, while a dissenting justice called on the court to rethink the "counterintuitive" rule that prohibited her claims.
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March 07, 2025
Honda, Class Spar Over Defect Verdict And Fees At 9th Circ.
Class counsel representing a certified class of Illinois Honda owners urged the Ninth Circuit on Friday to reverse their partial summary judgment loss, along with a $1.5 million fee and cost award for securing a $1.4 million valve defect verdict, while Honda argued that the verdict should be tossed entirely.
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March 07, 2025
Conn. Justice Questions Fairness Of Water Rate Hike Rebuff
Connecticut's utility regulator may have treated an Eversource subsidiary unfairly when it told the company it could not increase consumers' water rates to make up for $42 million in capital expenditures, a state Supreme Court justice said Friday.
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March 07, 2025
Dem AGs Back NLRB In Appeal Over Board Functionality
Nearly two dozen Democratic attorneys general have backed the National Labor Relations Board in a Sixth Circuit fight over the agency's ability to adjudicate unfair labor practice cases, saying workers' rights under labor law would be trampled if the agency is restrained from performing its duties.
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March 07, 2025
Fed. Circ. Says Judge Misconstrued Term In Tactical Vest Row
A Federal Circuit ruling on Friday reversed a finding from a Florida federal judge on constructing the phrase "pull cord," reviving a fight over a patented system for making tactical vests easier to take off.
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March 07, 2025
Judicial Impeachment Calls Could Drive Anger At Bench
Twenty-nine years ago, then-U.S. Chief Justice William Rehnquist laid out a cautionary tale on impeachments of judges.
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March 07, 2025
Greenspoon Marder Beats Fla. Suit After Missed Arbitration
Greenspoon Marder LLP has secured a Florida state appellate decision that upheld the dismissal of a malpractice suit against the firm over its representation of a luxury concierge service because the business failed to comply with a court order to engage in arbitration.
Expert Analysis
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Lessons From Two New Year's Eve Uptier Exchange Decisions
On the last day of 2024, two different courts issued important decisions relating to non-pro rata uptier exchanges — and while they differ, both rulings highlight that transactions effected in reliance on undefined terms in debt agreements come with increased risk, say attorneys at Simpson Thacher.
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Public Corruption Enforcement In 2024 Has Clues For 2025
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.
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Issues To Watch In 2025's ERISA Litigation Landscape
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.
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Patent Ruling Sheds Light On Printed Matter Doctrine
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.
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Calif. Justices' Options In Insurance Exhaustion Case
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.
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Justices Could Stitch Up ERISA Circuit Split With Cornell Case
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.
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Considering The Status Of The US Doctrine Of Patent Misuse
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.
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Series
Playing Rugby Makes Me A Better Lawyer
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.
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Looking Back At 2024's Noteworthy State AG Litigation
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.
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Opinion
No, Litigation Funders Are Not 'Fleeing' The District Of Del.
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.
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The Compliance Trends And Imperatives On Tap In 2025
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.
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Opinion
Congress Should Finally Add Clarity To Section 101
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.
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5 Advertising Law Trends To Watch In 2025
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.
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5 E-Discovery Predictions For 2025 And Beyond
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.
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NY Plastic Pollution Verdict May Not Bode Well For Other Suits
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.