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Appellate
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July 29, 2025
9th Circ. Clarifies Kickback Boundaries For Referral Bonuses
A Ninth Circuit opinion affirming a California man's fraud conviction provides some clarity — and a warning — to the owners of medical testing laboratories wondering what sales tactics are allowed under a 2018 kickbacks law.
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July 28, 2025
9th Circ. Wants More Info On Trump Admin's Arrest Policy
A Ninth Circuit panel doubted Monday the government's request to lift a ruling blocking the Trump administration from relying on people's perceived ethnicity or job to stop individuals amid immigration raids, with one judge ordering the government to submit more details on whether it has a 3,000 arrests per day quota.
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July 28, 2025
Apache Women Look To Block Arizona Site's Destruction
A group of Apache women are looking to block the federal government from transferring their Arizona worship site to a copper mining company, telling a D.C. federal court they will be unable to practice and pass down their religion if the site is destroyed.
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July 28, 2025
2nd Circ. Won't Rehear Streaming App Video Privacy Fight
The Second Circuit declined to reconsider a panel ruling that affirmed the toss of a proposed class action accusing digital streaming provider Flipps Media of unlawfully sharing video-viewing information with Meta, on the heels of an NFL website user pushing the appellate court to revisit a similar video privacy dispute.
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July 28, 2025
Calif. Court Overturns HIV Test Order In Sex Assault Case
A California appellate court on Monday vacated a trial court judge's order requiring an HIV test for a man convicted of sexually assaulting two teenagers, saying there was insufficient evidence to establish probable cause that the defendant transferred bodily fluids to his victims.
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July 28, 2025
Birthright Call Cited In Push To Keep TPS For Venezuelans
The TPS Alliance is arguing to a Ninth Circuit panel that another Ninth Circuit panel's affirmation of a nationwide injunction on President Donald Trump's executive order limiting birthright citizenship weighs in favor of preserving a California federal judge's decision blocking the administration's attempt to end temporary protected status for Venezuelan immigrants.
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July 28, 2025
Texas Judge 'Perplexed' By 5th Circ. Sanction Reversal
A Texas federal judge said he was "perplexed" by a Fifth Circuit panel's decision to reverse his sanction order against an attorney, saying in a Monday opinion that the attorney seemingly flouted the case governing litigation conduct by opposing a bid for an extension to reply.
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July 28, 2025
Ga. Appeals Court Sends DOT Crash Case Back For Another Go
Georgia's Department of Transportation can't escape a wrongful death lawsuit over a vehicle passenger killed by a tractor-trailer at an intersection, a state appeals court ruled Monday, saying that a jury has to decide whether overgrown vegetation, which the agency had a duty to trim down, contributed to or caused the crash.
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July 28, 2025
Mich. Justices Revive Ex-Prosecutor's Whistleblower Suit
The Michigan Supreme Court has reinstated a lawsuit brought by a former Saginaw County assistant prosecutor who says she was retaliated against for fighting an unlawful plea agreement, with the justices finding the county must face the suit because it is an employer under the Whistleblowers' Protection Act.
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July 28, 2025
PE Firm Scores New Trial After Losing $1.1M Shareholder Suit
The Connecticut Supreme Court on Monday threw out a $1.1 million verdict and ordered a new trial in a minority member's lawsuit against three other CCP Equity Partners LLC members, holding that a trial court judge misconstrued the private equity firm's operating agreement and inaccurately instructed the jury.
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July 28, 2025
CREXi Wants CoStar's Copyright Claims To Wait
Commercial Real Estate Exchange Inc. is asking to put CoStar's copyright infringement claims against it on hold so they can be tried alongside its recently revived antitrust claims against the property listing rival.
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July 28, 2025
Redfin Settles Patent Claims After Being Cleared At Trial
Real estate brokerage firm Redfin and its supplier Matterport Inc. each have reached a settlement with Surefield — the new company of Redfin's former CEO — to end a patent infringement case in which Redfin was cleared of a $66 million damages request by a Texas federal jury and to resolve Matterport's declaratory judgment action in Washington.
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July 28, 2025
Utilities Can Join 4th Circ. FERC Grid Policy Fight
The Fourth Circuit said Friday that environmental groups, municipal utilities and electricity cooperatives, among many others, can intervene in an appeal challenging the Federal Energy Regulatory Commission's recent overhaul of its regional transmission policy.
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July 28, 2025
Fed. Circ. Wipes Lighting Co.'s $14M Patent Verdict For Do-Over
The Federal Circuit on Monday overturned a Texas jury's $13.87 million verdict against a Chinese light manufacturer in a patent case from an in-country rival, saying another trial is needed over damages and the validity of two patents.
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July 28, 2025
11th Circ. Says Woman Must Arbitrate Experian Data Claims
The Eleventh Circuit said a district court should have allowed Experian Information Solutions to compel arbitration in a suit filed by a woman whose identity was allegedly compromised after a data breach, saying the company sufficiently showed she accepted terms of use that require arbitration.
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July 28, 2025
11th Circ. Overturns 15-Year Sentence Over Deportation Error
An Eleventh Circuit panel on Monday vacated a 15-year sentence for a man who pled guilty to drug and gun charges, saying the trial court judge went five years over prosecutors' recommendations based on the erroneous belief that the defendant was previously deported.
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July 28, 2025
NJ Panel Orders New Trial In Attempted Kidnapping Case
A New Jersey state appeals court on Monday ordered a new trial for a man accused of attempted kidnapping and weapons charges after the panel found a trial court did not do enough to address issues stemming from potentially damaging testimony given by an ex-girlfriend of the defendant.
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July 28, 2025
Widow Asks 4th Circ. To Revive Freight Broker Claim
A woman whose husband was killed in a 2022 South Carolina trucking accident told the Fourth Circuit on Monday that freight brokers cannot evade state-based requirements to exercise reasonable care in selecting safe motor carriers to transport shipments.
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July 28, 2025
Judge Denies Tulsa Co. Bid To Pause Tribal Jurisdiction Case
An Oklahoma federal court judge won't pause a dispute between the Muscogee (Creek) Nation and Tulsa County's sheriff and district attorney over criminal jurisdiction, saying the suit can continue despite a pending U.S. Supreme Court petition that could moot the litigation.
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July 28, 2025
Mich. Judge Can't Toss Gun Case Over Form Typo, Panel Says
A state appeals panel in Michigan has reversed a judge's acquittal of a man convicted by a jury on a gun charge, finding the trial judge shouldn't have set aside the jurors' verdict just because a jury instruction form listed the wrong date for the crime.
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July 28, 2025
Fed. Circ. Vacates Comcast's Mid-Trial Patent Case Win
The Federal Circuit on Monday threw out a Florida federal judge's mid-trial decision that cleared Comcast of allegations it infringed a rival's patent on streaming service technology, saying the lower court needs to take another pass.
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July 28, 2025
Fed. Circ. Panel Calls For Extending Newman's Suspension
A three-judge Federal Circuit panel recommended Monday that U.S. Circuit Judge Pauline Newman remain suspended, saying her refusal to undergo medical tests by doctors chosen by the court is a "serious form of continuing misconduct" that is hindering an investigation into her health.
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July 28, 2025
Remand 'Futile' In Atty Contempt Case, Mich. Justices Find
A Michigan attorney accused of making disrespectful comments "in direct view of" a judge has ducked a second criminal contempt trial, with a split state Supreme Court ruling that, as order had been restored, there was no pathway to continue to pursue the claim.
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July 28, 2025
11th Circ. Backs Axing IP Suit Over Russian Band's Songs
The Eleventh Circuit ruled Monday that a Florida federal judge correctly dismissed a copyright complaint from a company that claims to own the rights to audio and video recordings of Russian pop group Tender May, saying the lower court did not have personal jurisdiction over the French digital music company being sued.
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July 28, 2025
Fired FTC Dem Urges DC Circ. Not To Pause Reinstatement
A Democratic member of the Federal Trade Commission who was fired by the president is urging the D.C. Circuit not to pause a lower court order calling for her reinstatement while the administration appeals, saying the administration has little chance of success.
Expert Analysis
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How NY Appeals Ruling Alters Employers' Sex Abuse Liability
In Nellenback v. Madison County, the New York Court of Appeals arguably reset the evidentiary threshold in sexual abuse cases involving employer liability, countering lower court decisions that allowed evidence of the length of the undiscovered abuse to substitute as notice of an employee's dangerous propensity, say attorneys at Hurwitz Fine.
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Fed. Circ. Ingenico Ruling Pivotal For IPR Estoppel Landscape
The Federal Circuit's recent decision in Ingenico v. Ioengine brings long-awaited clarity to the scope of inter partes review estoppel, confirming that a patent challenger is not precluded from relying on the same or substantially similar prior art in both IPR and district court proceedings, so long as it is used to support a different invalidity theory, say attorneys at Irwin IP.
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Litigation Inspiration: How To Respond After A Loss
Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.
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Justices' Resentencing Ruling Fortifies First Step Act Tools
The U.S. Supreme Court’s recent Hewitt v. U.S. ruling clarifies that resentencing after vacatur must reflect the law in effect at the time of the new sentencing, ultimately strengthening the strategic tools available to defense attorneys under the First Step Act, says Benson Varghese at Varghese Summersett.
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The Metamorphosis Of The Major Questions Doctrine
The so-called major questions doctrine arose as a counterweight to Chevron deference over the past few decades, but invocations of the doctrine have persisted in the year since Chevron was overturned, suggesting it still has a role to play in reining in agency overreach, say attorneys at Crowell & Moring.
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Protecting Workers Amid High Court-EEOC Trans Rights Rift
In Ames v. Ohio Department of Youth Services and U.S. v. Skrmetti, the U.S. Supreme Court clarified that Title VII protects employees from discrimination based on sexual orientation and gender identity, so employers should still protect against such discrimination despite the U.S. Equal Employment Opportunity Commission's unclear position, says Ally Coll at the Purple Method.
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What 9th Circ. Ruling Shows About Rebutting SEC Comments
The Ninth Circuit's June opinion in Pino v. Cardone Capital suggests that a company's lack of pushback to a U.S. Securities and Exchange Commission comment may be evidence of its state of mind for evaluating potential liability, meaning companies should consider including additional disclosure in SEC response letters, say attorneys at Barnes & Thornburg.
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9th Circ. Decisions Help Clarify Scope Of Legal Lab Marketing
Two Ninth Circuit decisions last week provide a welcome development in clarifying the line between laboratories' legal marketing efforts and undue influence that violates the Eliminating Kickbacks in Recovery Act, and offer useful guidance for labs seeking to mitigate enforcement risk, says Joshua Robbins at Buchalter.
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A Word On Ensuring Precision In Patent Claim Construction
The Federal Circuit's recent decision in Express Mobile v. Meta Platforms, overruling the Patent Trial and Appeal Board's interpretation of the term "style," highlights the importance of articulating claim constructions that are as clear as possible, says Derrick Carman at Robins Kaplan.
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What 9th Circ. Cracker Barrel Ruling Means For FLSA Cert.
The Ninth Circuit's decision in Harrington v. Cracker Barrel suggests a settling of two procedural trends in Fair Labor Standards Act jurisprudence — when to issue notice and where nationwide collectives can be filed — rather than deepening circuit splits, says Rebecca Ojserkis at Cohen Milstein.
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.
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How Latest High Court Rulings Refine Employment Law
The 2024-2025 U.S. Supreme Court term did not radically rewrite employment law, but sharpened focus on textual fidelity, procedural rigor and the boundaries of statutory relief, say attorneys at Krevolin & Horst.
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Calif. Air Waivers Fight Fuels Automakers', States' Uncertainty
The unprecedented attempt by Congress and the Trump administration to kill the Clean Air Act waivers supporting California's vehicle emissions standards will eventually end up in the U.S. Supreme Court — but meanwhile, vehicle manufacturers, and states following California's standards, are left in limbo, says John Watson at Spencer Fane.
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Diversity, Equity, Indictment? Contractor Risks After Kousisis
The U.S. Supreme Court’s recent Kousisis v. U.S. decision, holding that economic loss is not required to sustain wire fraud charges related to fraudulent inducement, may extend criminal liability to government contractors that make false diversity, equity and inclusion certifications, say attorneys at Moore & Van Allen.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.