Appellate

  • January 14, 2025

    FPL Knew Electrified Palm Tree Was Dangerous, Worker Says

    A worker urged a Florida state appellate court Tuesday to reverse a judgment in favor of Florida Power and Light Co. in a suit alleging he was severely injured because the utility knew that the palm tree he was removing would become electrified after touching nearby wires.

  • January 14, 2025

    Tribe Members Look To Intervene In 8th Circ. Pipeline Case

    Twenty members of the Three Affiliated Tribes of the Fort Berthold Indian Reservation have urged the Eighth Circuit to let them intervene in a Marathon Petroleum Corp. subsidiary's lawsuit challenging the Interior Department's reversal of decisions related to a pipeline crossing the reservation's land in North Dakota.

  • January 14, 2025

    Hytera Asks Justices To Check Whether DTSA Applies Abroad

    China-based Hytera Communications Corp. Ltd., which lost a trade secrets trial resulting in a $764 million jury award for Motorola Solutions that has since been reduced, has asked the U.S. Supreme Court to review whether the Defend Trade Secrets Act of 2016 can apply extraterritorially.

  • January 14, 2025

    Fleeing-Or-Eluding Not Grounds For Removal, 3rd Circ. Says

    A Kenyan man allowed to enter the U.S. on a diversity visa can't be subject to deportation based on two felony convictions for vehicular fleeing or attempting to elude police in Pennsylvania, the Third Circuit said in a precedential opinion on Monday.

  • January 14, 2025

    DC Circ. Axes Challenge To Grid Project Perk

    A coalition of energy consumers has no standing to challenge the Federal Energy Regulatory Commission's grant of an abandonment incentive to the developer of an Iowa transmission project, a D.C. Circuit panel ruled Tuesday.

  • January 14, 2025

    10th Circ. Rolls Back University's Win In Race, Sex Bias Suit

    The Tenth Circuit revived a race and sex bias suit Tuesday from a Native American worker who said a university fired her after she faced discrimination and complained about it, stating she did enough to cast doubt on the institution's rationale that poor performance caused her termination.

  • January 14, 2025

    Tribes, Enviro Groups Say Mich. Ignored Climate In Tunnel OK

    Native American tribes and environmental groups urged a quiet Michigan appeals panel Tuesday to undo state approval of Enbridge Energy's plan to dig an underground tunnel to house an underwater segment of an oil and natural gas pipeline.

  • January 14, 2025

    Easement Worth $1M, Not $18M, Gov't Tells 11th Circ.

    The U.S. Tax Court was right to believe expert testimony that a claimed conservation easement donation of roughly $18 million was only worth $1 million, the government told the Eleventh Circuit, urging it to reject the donors' claims that the expert was unreliable.

  • January 14, 2025

    Monsanto Hit With $100M Jury Verdict In 10th Seattle PCB Trial

    A Washington state jury said Tuesday that Monsanto should pay $100 million to four people who claim they developed various health issues from PCB exposure at a school facility, far less than the $4 billion requested by 15 plaintiffs but still adding to the $1.1 billion in losses the chemical giant already faces over the site.

  • January 14, 2025

    Justices Suggest 7th Circ. Revisit False Statement Decision

    Several U.S. Supreme Court justices seemed ready Tuesday to ask the Seventh Circuit to review a former Chicago alderman's conviction for lying about money he borrowed from a now-shuttered bank under a narrower standard, but the justices appeared skeptical that he would beat the case even with a fresh look.

  • January 14, 2025

    NJ Atty Disbarred For Stealing From Firm To Gamble Online

    The New Jersey Supreme Court has disbarred an attorney for stealing at least $16,000 from his firm by using its credit card to buy tokens for an online casino video game under the guise of buying office supplies.

  • January 14, 2025

    2nd Circ. Rules Prison Docs Can't Escape Indifference Claims

    A Second Circuit panel on Monday ruled two New York prison doctors must face a former inmate's deliberate indifference claims for allegedly overlooking his cancer symptoms despite medical exam results, while also finding the inmate's claims were not time-barred, though the court said the state and facility are protected by sovereign immunity. 

  • January 14, 2025

    1st Circ. Won't Revive Cape Cod Restaurants' Ordinance Case

    The First Circuit has declined to revive a case brought by two restaurants on Cape Cod, Massachusetts, that alleged they were selectively targeted with enforcement of a municipal noise ordinance and COVID-19 restrictions, saying the eateries failed to make a proper showing that their constitutional rights were violated.

  • January 14, 2025

    MIT Bio Lab Can't Use Anti-SLAPP To Duck Defamation Suit

    The Massachusetts Appeals Court on Tuesday ruled that the state's anti-SLAPP statute could not stop a suit brought by the former head of an MIT-affiliated biomedical research lab who stepped down amid a finding that he harassed a subordinate, though several of his claims were axed nonetheless.

  • January 13, 2025

    IPRs Aren't 'Voluntary,' Dish Tells Justices In Fee Fight

    Dish Network LLC is kicking up a fight at the U.S. Supreme Court over the question of whether filing petitions at the Patent Trial and Appeal Board is "voluntary" or not, in a bid to get "exceptional" plaintiffs to pay for litigation costs there.

  • January 13, 2025

    6th Circ. OKs Home Depot's $50M Data Breach Coverage Loss

    The Sixth Circuit affirmed Monday a finding that an electronic-data exclusion provision in Home Depot Inc.'s commercial general liability excess policies with Steadfast Insurance Co. and Great American Assurance Co. unambiguously barred coverage for the retail giant's $50 million claim for defense and settlement costs over a 2014 data breach.

  • January 13, 2025

    4th Circ. Backs Arbitration In BoFA's PPP Loan Suits

    The Fourth Circuit on Monday affirmed a decision ordering small businesses to arbitrate their proposed class action alleging Bank of America misled them on how to use the Paycheck Protection Program, noting the deposit agreements say an arbitrator will decide all disputes, including the scope of the arbitration provision.

  • January 13, 2025

    Fed. Circ. Told Google Making Up 'New Rules Of Evidence'

    A smart-home energy startup says Google and its supporters are trying to use a Federal Circuit appeal in a $20 million patent case to "craft entirely new rules of evidence out of whole cloth."

  • January 13, 2025

    San Francisco 49ers Beat Suit Over Fan's Parking Lot Death

    A California appellate panel has tossed a suit seeking to hold the San Francisco 49ers liable for the death of a fan who was punched by another fan, adding to a line of cases where property owners were cleared of liability in attacks by third parties.

  • January 13, 2025

    5th Circ. Keeps Trans Immigrant's Removal Fight Alive

    The Fifth Circuit found that a transgender woman fighting deportation can stay in the country for the time being after the U.S. Supreme Court remanded a panel's previous decision, saying in a Monday opinion the Board of Immigration Appeals got it wrong because it engaged in factfinding.

  • January 13, 2025

    Binance Can't Get High Court To Review Class Cert. Decision

    The U.S. Supreme Court on Monday passed on a petition from crypto exchange Binance Holdings Ltd. and its former CEO to consider whether transactions on its platform were beyond the reach of U.S. securities laws after a Second Circuit decision found enough stateside ties to revive a suit from the exchange's users.

  • January 13, 2025

    Justices Urged To Uphold 'Sanctity' Of $11M Patent Verdict

    The Federal Circuit disrespected "the sanctity of jury verdicts" when ordering a jury to revisit Provisur Technologies' $10.5 million willful infringement award, the company told the U.S. Supreme Court in a new petition.

  • January 13, 2025

    FERC Defends Limited Review Of Cross-Border Gas Pipeline

    The Federal Energy Regulatory Commission told the D.C. Circuit it properly confined its review of a gas pipeline that crosses the Texas-Mexico border to a 1,000-foot segment known as a border facility, arguing that regulating the entire U.S. segment would exceed the agency's authority.

  • January 13, 2025

    Vimeo Defeats Recording Owners' DMCA Appeal At 2nd Circ.

    The Second Circuit said Monday it won't revive copyright claims from a group of music rights holders over lip-sync videos posted on Vimeo by its users, saying a safe harbor under federal copyright law protects the website.

  • January 13, 2025

    Texas Justices Probe State's Bid To Shutter Refugee Nonprofit

    The Texas Supreme Court appeared skeptical Monday that the state's attorney general has broad power under an anti-harboring law to shut down a religious nonprofit it claims illegally shelters unauthorized immigrants, with the justices probing how far that power extends.

Expert Analysis

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • Lessons Learned From 2024's Top FMLA Decisions

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    Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

  • 5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle

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    The Fifth Circuit's recent en banc opinion vacating Nasdaq's board diversity listing rule wades into the hotly debated topic of diversity, equity and inclusion initiatives at a time when many public companies are navigating the attention that DEI commitments are drawing from activists and shareholders, say attorneys at Debevoise.

  • Lessons Learned From 2024's Top ADA Decisions

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    Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • The 6 Most Significant FCRA Litigation Developments Of 2024

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    From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.

  • Fed. Circ. In December: A Patent Prosecution History Lesson

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    Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • The Securities Litigation Trends That Will Matter Most In 2025

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    2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.

  • What To Watch For In The 2025 Benefits Landscape

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    While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.

  • Reviewing 2024's Crucial Patent Law Developments

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    As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.

  • Contract Disputes Recap: Adjustments, Preclusion, Waivers

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    Ken Kanzawa at Seyfarth examines three recent decisions from the Civilian Board of Contract Appeals, the U.S. Court of Federal Claims and the Armed Services Board of Contract Appeals that examine distinctions between requests for equitable adjustments and claims, forum selection and res judicata, and the waiver of penalties for expressly unallowable costs.

  • The Justices' Securities Rulings, Dismissals That Defined '24

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    The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.

  • 10 Noteworthy CFPB Developments From 2024

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    In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

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    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

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