Appellate

  • November 05, 2024

    Colo. Voters OK Overhaul Of Judicial Discipline Process

    Colorado voters on Tuesday approved a series of constitutional changes aimed at limiting the state judiciary's influence over the judicial discipline process.

  • November 05, 2024

    Santos Wants 2nd Circ. To Revive Jimmy Kimmel Pranks Suit

    Former U.S. Rep. George Santos on Monday asked the Second Circuit to undo a New York federal court's decision throwing out his claims against ABC and Jimmy Kimmel over video clips the late-night host tricked the ex-congressman into making, arguing that the suit was prematurely tossed.

  • November 05, 2024

    Immigrant Bond Cos. Slam 'Knee-Jerk' CFPB In $811M Fight

    Immigrant bond companies appealing an order to pay $811 million for allegedly abusive bonding practices have told the Fourth Circuit that the Consumer Financial Protection Bureau's attempt to uphold that sanction is "aimed at the heartstrings and meant to evince a knee-jerk reaction to conduct that was distasteful" but said there is "nothing that can be done to alter the past."

  • November 05, 2024

    Fla. Judge Overcomes Loss In Last Election To Win Seat

    Florida voters opted Tuesday to retain an appellate judge who was elevated to the newly created Sixth District Court of Appeal by Gov. Ron DeSantis after being ousted from the trial court bench in Tampa largely thanks to a highly publicized decision to deny a teenager an abortion because of poor grades.

  • November 05, 2024

    Houston Metro Can Blame Sniper In Cop Shooting Suit

    A Texas appeals court on Tuesday cleared the way for Houston's transit authority to blame a third-party sniper for the shooting of a police officer instead of a Metropolitan Transit Authority of Harris County officer, saying there is credible evidence that the sniper was behind the shooting.

  • November 05, 2024

    Justices Urged To Take Up 9th Circ. Sesame Oil TM Decision

    The U.S. Supreme Court is being asked to take up a Ninth Circuit ruling that disfavored an India-based sesame oil company, with the company arguing that the circuit court ignored high court precedent, resulting in "a constitutional error" in its trademark infringement case and causing a Lanham Act violation.

  • November 05, 2024

    USPTO Says Hyatt Forfeit Appeal Relies On Rejected Args

    A D.C. federal judge properly held inventor Gilbert Hyatt forfeited his rights to receive certain patents by delaying his applications for decades, and the inventor's claims otherwise rehash arguments the Federal Circuit has already rejected, the U.S. Patent and Trademark Office told the circuit court.

  • November 05, 2024

    Wash. Courts' Website Goes Dark After 'Unauthorized Activity'

    The Washington state courts' website was down for a second day Tuesday following an outage officials attributed to "unauthorized activity," though few details were available.

  • November 05, 2024

    Texas Justices Shut Down Last-Minute Poll Judge Challenge

    The Texas Supreme Court on Monday denied a last-minute challenge to the distribution of presiding judges at Travis County polling locations, with one justice chiding the county's Republican Party for filing its petition on the eve of the election while conceding it appears the county's election administrator "has not complied with her statutory duties."

  • November 05, 2024

    Fubo Defends Block Of Sports Streaming Service At 2nd Circ.

    Fubo is defending a New York federal judge's order blocking the launch of a sports-only streaming service from ESPN, Fox and Warner Bros. Discovery at the Second Circuit, telling judges there that competitors wouldn't stand a chance in the sports streaming market without the programming that the three behemoths control.

  • November 05, 2024

    DC Circ. Wary Of FTC Changes To $5B Meta Privacy Deal

    The Federal Trade Commission faced a skeptical D.C. Circuit panel Tuesday in its bid to modify a $5 billion privacy deal with Meta, with judges questioning why any private company would settle with the agency if the deal could later be reopened.

  • November 05, 2024

    9th Circ. Says State Farm Needn't Cover Sex Assault Claims

    A State Farm unit doesn't owe coverage to a man accused of sexual assault, the Ninth Circuit held Tuesday, affirming that the man engaged in deliberate and intentional conduct and thus there was no occurrence, or accident, for the purpose of triggering coverage.

  • November 05, 2024

    FTC Defends Noncompete Ban In 11th Circ. Appeal

    The Federal Trade Commission told the Eleventh Circuit the agency is authorized to make rules like the one banning the use of employee noncompetes and argued that a lower court was wrong to block the commission from enforcing the rule against a retirement community.

  • November 05, 2024

    Justices Appear Wary Of Higher FLSA Evidence Standards

    The U.S. Supreme Court seemed skeptical of heightened evidence standards for the Fair Labor Standards Act overtime exemptions during oral arguments Tuesday, grilling workers' counsel about why such wage rights are more important than others.

  • November 05, 2024

    2nd Circ. Blocks Schizophrenic Immigrant's Removal Order

    The Second Circuit on Tuesday vacated an order for a man with schizophrenia to be removed to Jamaica, finding that an immigration judge had failed to adequately ensure that his court proceedings had safeguards to address his mental illness.

  • November 05, 2024

    Amazon Bashes Wash. Supreme Court's Price-Gouging Ruling

    Amazon urged a Washington federal judge Monday to toss an updated proposed consumer class action alleging price gouging during the pandemic, saying the claims remain overly broad and the Washington Supreme Court's interpretation of the state's consumer protection law is unconstitutionally vague.

  • November 05, 2024

    Meta Ruling Will Fuel Class Actions, Chamber Warns Justices

    Business organizations are backing Meta's appeal of a Ninth Circuit ruling upholding damages class certification for a group of Meta advertisers claiming they were misled about Facebook's ad tools, with the industry outfits telling the U.S. Supreme Court that the Ninth Circuit is out of sync with other circuits on class questions.

  • November 05, 2024

    9th Circ. Rules Biden Couldn't Spike Federal Contractor Wage

    The Federal Property and Administrative Services Act didn't authorize President Joe Biden to mandate a $15 blanket minimum wage for federal contractors, a split Ninth Circuit panel ruled Tuesday, reviving a challenge four states lodged against the government.

  • November 05, 2024

    Connecticut High Court Will Hear Atty's Suspension Appeal

    The Connecticut Supreme Court has agreed to hear an appeal of a personal injury and workers' compensation attorney's 90-day suspension for misconduct and consider whether he gave up his ability to argue that long delays in the proceedings violated his due process rights.

  • November 05, 2024

    EPA's Superfund 'Blank Check' Dooms PFAS Rule, Groups Say

    The U.S. Environmental Protection Agency wrote itself a legal "blank check" to increase the number of chemicals subject to required cleanups under federal Superfund law, industry advocates told the D.C. Circuit.

  • November 05, 2024

    Burden For Hearst May Override Vax Objection, 1st Circ. Hints

    A Boston television station may have been justified in firing a Hearst videographer who refused to get a COVID-19 vaccine during the pandemic even if the worker's religious objections were sincere, the First Circuit hinted during arguments Tuesday.

  • November 05, 2024

    Insurer Can't Avoid Paying $122K LSU Frat Hazing Award

    The Fifth Circuit refused to let an Allstate unit off the hook for coverage of a $122,000 judgment entered in favor of the parents of a former Louisiana State University student who died during a fraternity hazing incident.

  • November 05, 2024

    Fla. Agency's Election Fraud Power Needs Review, Court Told

    A man accused of election fraud is asking the Florida Supreme Court to consider whether the Florida Office of Statewide Prosecution has the authority to pursue the claims against him.

  • November 05, 2024

    NJ Atty Must Face Malpractice Suit Over Real Estate Deal

    A New Jersey state appeals court on Monday said a Clifton-based attorney must face part of a legal malpractice action over his handling of a real estate transaction.

  • November 05, 2024

    1st Circ. Doubts Nantucket Has Immunity To Cap Rental Cars

    A First Circuit panel on Tuesday appeared open to reviving a challenge to a Nantucket bylaw that limits the number of licenses for rental cars on the vacation getaway, suggesting the policy is not immune under federal antitrust laws.

Expert Analysis

  • 7 Takeaways For Companies After Justices' Bribery Ruling

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    The U.S. Supreme Court’s Snyder v. U.S. decision this summer, holding that a federal law does not criminalize after-the-fact gratuities made to public officials, raises some key considerations for companies that engage with state, local and tribal governments, say attorneys at BakerHostetler.

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Series

    After Chevron: Courts Will Still Defer To Feds On Nat'l Security

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    Agencies with trade responsibilities may be less affected by Chevron’s demise because of the special deference courts have shown when hearing international trade cases involving national security, foreign policy or the president’s constitutional authority to direct such matters, say attorneys at Venable.

  • What 7th Circ. Collective Actions Ruling Means For Employers

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    With the Seventh Circuit’s recent Fair Labor Standards Act ruling in Vanegas v. Signet Builders, a majority of federal appellate courts that have addressed the jurisdictional scope of employee collective actions now follow the U.S. Supreme Court's limiting precedent, bolstering an employer defense in circuits that have yet to weigh in, say attorneys at Jackson Lewis.

  • Considering Possible PR Risks Of Certain Legal Tactics

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    Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

  • Perspectives

    DC Circ. Seizure Ruling Deepens 4th Amendment Circuit Split

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    The D.C. Circuit’s recent Asinor v. District of Columbia decision, holding that the government’s continued possession of seized property must be reasonable, furthers a split among circuit courts and portends how the text, history and tradition method might influence Fourth Amendment cases, say Ty Howard and Wayne Beckermann at Bradley Arant.

  • Defamation Law Changes May Be Brewing At Supreme Court

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    The U.S. Supreme Court's significant rightward shift has produced dramatic changes in many areas of the law, and the long-standing "actual malice" standard protecting speech about public figures could be the next precedent to fall, say attorneys at Paul Hastings.

  • It's No Longer Enough For Firms To Be Trusted Advisers

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    Amid fierce competition for business, the transactional “trusted adviser” paradigm from which most firms operate is no longer sufficient — they should instead aim to become trusted partners with their most valuable clients, says Stuart Maister at Strategic Narrative.

  • Breaking Down Director Review Timing At The PTAB

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    Attorneys at Fish & Richardson examine the complexities of director review of a Patent Trial and Appeal Board ruling, including timelines for requests and decisions, and how these factors influence related district court cases.

  • Behind 3rd Circ. Ruling On College Athletes' FLSA Eligibility

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    The Third Circuit's decision that college athletes are not precluded from bringing a claim under the Fair Labor Standards Act raises key questions about the practical consequences of treating collegiate athletes as employees, such as Title IX equal pay claims and potential eligibility for all employment benefits, say attorneys at Debevoise.

  • Patent Lessons From 4 Federal Circuit Reversals In July

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    The Federal Circuit’s July reversal of four cases, all of which were Patent Trial and Appeal Board decisions, highlights lessons for patent practitioners regarding the scope of estoppel provisions, potential issues with obtaining certain substitute claims, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • 'Greenhushing': Why Some Cos. Are Keeping Quiet On ESG

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    A wave of ESG-related litigation and regulations have led some companies to retreat altogether from any public statements about their ESG goals, a trend known as "greenhushing" that was at the center of a recent D.C. court decision involving Coca-Cola, say Gonzalo Mon and Katie Rogers at Kelley Drye.

  • Video Game Release Highlights TM Pitfalls Of App Store

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    The upcoming release of poker video game Balatro in Apple's App Store underscores the tradeoff of keyword advertising and trademark protection for indie developers who, unlike corporate counterparts, lack resources but seek to maximize the reach of their game, say Parmida Enkeshafi and Simon Pulman at Pryor Cashman.

  • Opinion

    More Guidance Needed On Appellate Amicus Recusals

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    Instead of eliminating the right for amici to file briefs on consent, as per the recently proposed Federal Appellate Rules amendment, the Judicial Conference's Committee on Codes of Judicial Conduct should issue guidance on situations in which amicus filings should lead to circuit judge recusals, says Alan Morrison at George Washington University Law School.

  • Mich. Whistleblower Ruling Expands Retaliation Remedies

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    The Michigan Supreme Court's recent Occupational Health and Safety Act decision in Stegall v. Resource Technology is important because it increases the potential exposure for defendants in public policy retaliation cases, providing plaintiffs with additional claims, say Aaron Burrell and Timothy Howlett at Dickinson Wright.

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