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Appellate
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February 28, 2025
Justices Asked To Review IRS Crypto Doc Seizure Case
A cryptocurrency investor who lost his challenge to the Internal Revenue Service's seizure of his account records has asked the U.S. Supreme Court for review, saying the 1976 legal doctrine that sank his case is outdated and fails to meet digital realities, including decentralized banking.
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February 28, 2025
Litigant Funding Co. Has No Claim To NFL Concussion Deal
A special master overseeing the NFL's concussion settlement fund told a Pennsylvania federal court in a filing made public Friday that a company that funds litigants' healthcare expenses was correctly denied money from the fund because the rights assigned to it by former players' doctors counted as "prohibited assignments," not the liens the company claimed they were.
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February 28, 2025
Minn. Justices Send Golf Course Dispute Back To Tax Court
The Minnesota Supreme Court booted a county's property tax fight with the former owner of a golf course back to the state's tax court, saying the lower court's decision to keep the case alive was not a final order subject to review by the justices.
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February 28, 2025
Russia's $34M Award Suit Appeal Must Be Nixed, Cos. Say
Ukrainian gas companies that won a $34 million arbitral award against Russia urged the D.C. Circuit on Thursday to summarily affirm a ruling rejecting the country's sovereign immunity defense, saying Moscow is just trying to prolong the proceeding with overtly unmeritorious claims.
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February 28, 2025
Feds Say Tribes Can't Block New Oregon Casino
The federal government and an Oregon Native American tribe are pushing back on a bid from three other tribes to block the operation of a new casino in Oregon, telling the D.C. Circuit that the tribes filed their emergency motion improperly and are likely to lose on the merits of their case.
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February 28, 2025
FERC Says PJM Watchdog Can't Fight Meeting Roadblock
The Federal Energy Regulatory Commission on Friday told the D.C. Circuit that PJM Interconnection's electricity market watchdog isn't harmed by being prevented from attending certain meetings held by the regional grid operator and urged the appeals court to dismiss a lawsuit challenging the decision.
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February 28, 2025
7th Circ. Says It's Too Early To Mull Fired ISU Coach's Suit
A Seventh Circuit panel says it lacks the jurisdiction to consider if a lower court rightly denied dismissal of a lawsuit brought by an ex-Illinois State University football coach who claims he was unlawfully fired for posting an "All Lives Matter" sign on his office door, because the district judge postponed a decision on the school officials' qualified immunity argument.
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February 28, 2025
La. Regulators Ask Justices To Review Tesla Sales Ban Case
Louisiana regulators have asked the U.S. Supreme Court to review Tesla's case over the state's ban on direct sales by automakers, saying the presence of car dealership owners on a regulatory board does not violate the electric-car company's due process rights.
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February 28, 2025
Cheyenne Sioux Tribe Says US Must Pay For Building Repairs
A Wyoming tribe is asking the Federal Circuit Court of Appeals to overturn an order that determined the federal government is not responsible for paying for a deteriorating building on its reservation, arguing that the contract over the structure is rooted in a treaty-based, nation-to-nation relationship.
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February 28, 2025
4th Circ. Won't Undo National Block Of Trump Birthright Order
A split Fourth Circuit panel on Friday rejected the federal government's effort to tailor an injunction blocking the enforcement of President Donald Trump's executive order limiting birthright citizenship, saying the district court did not abuse its discretion in issuing a universal injunction.
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February 28, 2025
NC Judge's Ballot Battle Will Sideline Voters, Court Told
A North Carolina Supreme Court candidate's continuing bid to throw out more than 60,000 ballots threatens to sideline thousands of legitimate voters, state election officials and his campaign rival told an appeals court on the same day they got an outpouring of amicus support.
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February 28, 2025
Michigan Justices Spurn Live Nation Campers' Death Case
Concert promoter Live Nation cemented its escape from allegations that lax oversight of a music festival campground led to three festival attendees dying of carbon monoxide poisoning, as Michigan's highest court rejected the families' appeal Friday.
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February 28, 2025
DA Eyes Type Of Weinstein Evidence That Sank 1st Verdict
Manhattan prosecutors preparing to retry Harvey Weinstein want a jury to hear about alleged sexual assaults by the jailed Hollywood mogul that are not part of his indictment — the same kind of testimony that doomed his original conviction on appeal.
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February 28, 2025
11th Circ. Asked To Revive Defect Claims In Tesla Crash Suit
The father of a teenager killed in a Tesla crash asked the Eleventh Circuit on Friday to revive his battery defect claims against the electric car maker, arguing that the lower court should have allowed them to go to a jury.
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February 28, 2025
GOP Rep. Reintroduces The JUDGES Act
The chair of the House Judiciary Committee's courts panel has reintroduced a bill to create 66 new and temporary federal judgeships, which former President Joe Biden vetoed at the end of last year.
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February 28, 2025
Fla. Justices Say Atty Broke Rules With Nonviable Engle Suits
The Florida Supreme Court has found an attorney guilty of violating court rules by filing baseless Engle progeny suits and failing to properly communicate with his clients, and told a referee to determine the appropriate sanction.
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February 27, 2025
Split 9th Circ. Won't Let ClassPass Arbitrate Auto-Renew Fight
A split Ninth Circuit panel Thursday refused to send a proposed class action challenging ClassPass' subscription auto-renewal practices to arbitration, with the majority concluding that its online notices are too "muddled" while a dissenting judge slammed the majority's opinion for purportedly sowing "great uncertainty" in what constitutes a conspicuous notice.
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February 27, 2025
4th Circ. Says Trustees Can't Settle Co.'s Suit Against Ex-CEO
Separate bankruptcy trustees for a company and its former CEO have no right to settle the company's fraud claims against the CEO with insurance proceeds from a directors and officers policy, the Fourth Circuit ruled, agreeing with the insurer that only the former CEO himself has consent-to-settle rights.
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February 27, 2025
VW Urges Fed. Circ. Not To Revive 3D Glasses Patent Suit
Volkswagen urged the Federal Circuit on Wednesday to uphold a lower court's dismissal of patent-holding company VDPP LLC's patent suit against it, arguing that VDPP "failed to investigate facts, pressed unreasonable positions, disregarded court orders and rationales, 'lied,' and committed innumerable careless errors."
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February 27, 2025
11th Circ. Urged To Revive Captivity Claims Against Cruise Co.
Two former crew members who served aboard a Celebrity Cruises Inc. ship urged the Eleventh Circuit to reinstate their COVID-19 related false imprisonment and intentional infliction of emotional distress claims in a proposed class action against the company, arguing they were wrongly tossed after getting remanded to the lower court.
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February 27, 2025
5th Circ. Won't Revive Sheriff's Workers' Leave Policy Suit
The Fifth Circuit declined Thursday to reinstate a lawsuit employees brought against the Harris County Sheriff's Office over a policy restricting how they can use the compensatory time off they receive in lieu of overtime wages, saying the workers cannot show they have a property interest to the accrued time.
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February 27, 2025
Lewis Brisbois Foe Urges 5th Circ. To Let TM Feud Go To Jury
The main defendant of a group that was found liable for willfully stealing Lewis Brisbois Bisgaard & Smith LLP's name for its mediation business has told the Fifth Circuit that a Texas federal court committed more than a dozen abuses of discretion and that the trademark dispute should go before a jury.
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February 27, 2025
NRA Urges High Court to Consider NY Carry Law Case
The National Rifle Association and the superintendent of New York State Police are at odds over whether the U.S. Supreme Court should take up a case regarding a state law requiring "good moral character" as a prerequisite to obtaining a gun permit, with both sides filing dueling briefs to the justices.
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February 27, 2025
High Court Asked To Weigh Investors' Eminent Domain Case
A pair of real estate investors want the U.S. Supreme Court to review their loss in New York state appellate court regarding a suit seeking additional compensation for a residential property that the Rochester Genesee Regional Transportation Authority took from them through eminent domain.
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February 27, 2025
Texas Attorney Says He Can Contact Party While Pro Se
An attorney barred from practicing law for five years has told the Texas Supreme Court that he was allowed to contact members of the Texas Bar's disciplinary wing instead of their counsel because he was pro se, asking the court to toss his punishment.
Expert Analysis
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Justices Mull Sex-Based Classification In Trans Law Case
After the U.S. Supreme Court heard oral argument in U.S. v. Skrmetti this week, it appears that the fate of the Tennessee law at the center of the case — a law banning gender-affirming healthcare for transgender adolescents — will hinge on whether the majority read the statute as imposing a sex-based classification, says Alexandra Crandall at Dickinson Wright.
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Corporate Liability Issues To Watch In High Court TM Case
The U.S. Supreme Court will hear arguments in a trademark dispute between Dewberry Group and Dewberry Engineers next week, presenting an opportunity for the court to drastically alter the fundamental approach to piercing the corporate veil, or adopt a more limited approach and preserve existing norms, say attorneys at Bracewell.
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Trending At The PTAB: Collateral Estoppel Continues Evolving
We are starting to see brighter lines on collateral estoppel involving Patent Trial and Appeal Board proceedings, illustrated by two recent cases that considered whether collateral estoppel should apply to factual findings on prior art from the PTAB in a later district court litigation, say attorneys at Finnegan.
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Series
Gardening Makes Me A Better Lawyer
Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.
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Takeaways From DOJ's Intervention On Pricing Algorithm Use
A recent U.S. Justice Department amicus brief arguing that a Nevada federal judge wrongly focused on the nonbinding aspect of software company Cendyn Group's pricing algorithm underscores the growing challenge of determining when, if ever, pricing algorithms are legal, say attorneys at Rule Garza.
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ERISA Ruling Is A Win For DOL Regulatory Authority
In Rappaport v. Guardian Life Insurance, a New York federal court recently issued a notable disability benefits ruling in finding that the U.S. Supreme Court’s Loper Bright opinion does not affect how existing U.S. Department of Labor regulations apply in Employee Retirement Income Security Act litigation, says Mark DeBofsky at DeBofsky Law.
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Litigation Inspiration: Reframing Document Review
For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.
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What Fed. Circ. Ruling Means For Patent Case Dismissals
The Federal Circuit's recent decision in UTTO v. Metrotech is significant because it specifically authorizes district courts to dismiss patent infringement lawsuits without a separate Markman hearing, but only when the meaning of a claim term is clear and case-dispositive, says Peter Gergely at Merchant & Gould.
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7th Circ. Travel Time Ruling Has Far-Reaching Implications
In a case of first impression, the Seventh Circuit’s recent holding in Walters v. Professional Labor Group will have significant implications for employers that must now provide travel time compensation for employees on overnight assignments away from home, says Anthony Sbardellati at Akerman.
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The Fed. Circ. In October: Anti-Suit Injunctions And SEPs
The Federal Circuit's holding in Ericsson v. Lenovo, a complex global case involving standard-essential patents, will likely have broad consequences for practitioners, including by making it easier to obtain an anti-suit injunction, say attorneys at Knobbe Martens.
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IP Ruling Likely To Limit Arguments Against Qualified Experts
The Federal Circuit's recent decision in Osseo v. Planmeca, clarifying when experts may offer testimony from the perspective of a skilled artisan, provides helpful guidance on expert qualifications and could quash future timing arguments regarding declarants' expertise, says Whitney Jenkins at Marshall Gerstein.
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Unpacking Arguments From High Court's Rural Hospital Case
During oral arguments in Advocate v. Becerra, the U.S. Supreme Court justices focused questions on the meaning of being "entitled to" supplementary security income assistance, and there's reason for optimism that the likely split decision will break in favor of hospitals, say attorneys at King & Spalding.
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Args In 2 High Court Cases May Foretell Clarity For Employers
Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.
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California Supreme Court's Year In Review
Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.
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DC Circ. Decision Opens Door To NEPA Regulation Litigation
A recent D.C. Circuit decision in Marin Audubon Society v. Federal Aviation Administration could open the door to more litigation over the White House Council on Environmental Quality's National Environmental Policy Act regulations, and could affect how many agencies conduct and interpret environmental assessments, say attorneys at ArentFox Schiff.