Appellate

  • January 13, 2025

    Justices Won't Grab The State Climate Tort Reins, For Now

    The U.S. Supreme Court appears unwilling to determine the fate of climate change lawsuits against fossil fuel companies until state courts have at least grappled with the substance of the allegations made by state and local governments.

  • January 13, 2025

    Justices Seek SG Input On Private Investor Fight

    The U.S. Supreme Court on Monday asked for the U.S. solicitor general's input on whether securities laws governing investment funds allow for a private right of action, as the high court considered weighing in on a fight between private capital investors and investment funds.

  • January 13, 2025

    Justices Won't Review 11th Circ.'s Cancer Cluster Decision

    The U.S. Supreme Court said Monday that it won't review the Eleventh Circuit's affirmation of a favorable jury verdict for defense contractor Pratt & Whitney, which was found to have failed to exercise reasonable care when disposing radioactive materials, but also freed it from liability for the cancer cases that emerged in a Florida neighborhood.

  • January 13, 2025

    Fed. Circ. Mulls ITC Domestic Industry Rule In Lashify Case

    A Federal Circuit panel on Monday questioned the U.S. International Trade Commission's holding that sales and marketing activities by eyelash extension company Lashify weren't enough to allow it to prevail in a patent suit, with one judge saying the ITC's reading "makes no sense."

  • January 13, 2025

    Dissuading A Witness Is Grounds For Removal, 9th Circ. Says

    Immigration courts correctly ruled that an El Salvador citizen's conviction for dissuading a witness by force or threat in California qualified as an aggravated felony and grounds for removal, a Ninth Circuit panel said Monday.

  • January 13, 2025

    NY's $15 Broadband Price Cap To Take Effect Wednesday

    Internet service providers in New York won't be allowed to charge low-income households more than $15 for basic broadband service come Wednesday, after the U.S. Supreme Court declined to weigh in on a ruling upholding the Empire State's right to cap internet costs.

  • January 13, 2025

    Sunoco Wants More From Butane Blending Infringement

    Sunoco told a Federal Circuit panel that a Delaware jury vastly undervalued its patented system for blending butane with gasoline when it awarded just $12 million in damages for infringement by Magellan Midstream and its joint venture, claiming the district court unfairly excluded its expert's analysis, driving the undercount.

  • January 13, 2025

    They Don't Do IP Like That In Europe, Justices Told

    The U.S. manufacturing lobby has told the U.S. Supreme Court that a recent Federal Circuit decision that wiped out patents covering an artificial sweetener used in Coke Zero is inconsistent with patent laws in Europe, China and other Asian countries. 

  • January 13, 2025

    AGs, Lobbyists Ask Justices To Keep Shell Co. Law Blocked

    The U.S. Supreme Court should deny the federal government's emergency application to stay a Texas district court's injunction on a law aimed at cracking down on crimes committed with shell companies, according to numerous state attorneys general and interest groups and a handful of small businesses.

  • January 13, 2025

    Fed. Circ. Affirms Crypto Exec Doesn't Belong On Mining IP

    A Delaware federal judge properly found that a cryptocurrency company's founder shouldn't be added as an inventor onto a rival company's energy consumption patent, the Federal Circuit affirmed Monday.

  • January 13, 2025

    Justices Lean Toward Narrow Ruling In Retiree's ADA Fight

    Several U.S. Supreme Court justices seemed wary Monday of issuing a sweeping decree in a disabled retiree's Americans with Disabilities Act lawsuit, hinting at plans to issue a narrower decision tailored to the specifics of the case.

  • January 13, 2025

    Justices Mull Grammar In First Step Act Resentencing Case

    The U.S. Supreme Court grappled with grammar-heavy arguments Monday over whether lighter sentences under the First Step Act should apply to defendants who were sentenced before the 2018 law was enacted but later resentenced after their original sentences were thrown out.

  • January 13, 2025

    Contractor Drops Mich. Supreme Court 'Fees For Fees' Appeal

    A general contractor has moved to dismiss its Michigan Supreme Court appeal of an attorney-fee award that was slashed because the contractor was found responsible for dragging out litigation with a road agency after receiving the public records it sued the agency to obtain. 

  • January 13, 2025

    Special Counsel's Report On Trump's DC Case Released

    With a Florida federal judge's permission on Monday, U.S. Attorney General Merrick B. Garland released the first volume of former special counsel Jack Smith's report regarding his now-abandoned election-interference case against Donald Trump in D.C.

  • January 13, 2025

    Colo. Justices To Consider When Late Filings Are Excusable

    The Colorado Supreme Court on Monday agreed to hear an oil company's case arguing its "minor" mistake of filing an appeal with a trial court, which was refiled the day after a deadline, should be excused.

  • January 13, 2025

    FCC Defends T-Mobile, Sprint Privacy Fine In DC Circ.

    The Federal Communications Commission is defending its decision to hit T-Mobile and Sprint with a combined $92 million in fines for selling users' sensitive location data, telling the D.C. Circuit that the wireless carriers could have received a jury trial but were not owed one.

  • January 13, 2025

    High Court Won't Revive Widow's Suit Against Trucking Co.

    The U.S. Supreme Court on Monday declined a bid from the widow of a man killed in a tractor trailer collision to review a decision that federal transportation law preempts her negligent selection claim against the company that hired the trucker and his carrier.

  • January 13, 2025

    Alex Jones Switches Conn. Attys In $1B Sandy Hook Appeal

    A Randazza Legal Group attorney will represent Alex Jones in a Connecticut Supreme Court bid to erase the remainder of a $1.44 billion defamation judgment for Sandy Hook shooting victims after the Infowars host's now-former lawyer raised unspecified conflict concerns about a third attorney representing Jones in the Connecticut appeal.

  • January 13, 2025

    Fla. Justices To Weigh Scope Of Agency's Prosecution Power

    The Florida Supreme Court agreed Monday to hear the case of a man accused of election fraud who says the Florida Office of Statewide Prosecution doesn't have the authority to pursue the claims against him.

  • January 13, 2025

    Justices Won't Hear Farming Partnership's Crop Policy Fight

    The U.S. Supreme Court refused Monday to review a Ninth Circuit decision backing the Federal Crop Insurance Corp.'s conclusion that a farming partnership seeking to recover its $1.9 million policy limit didn't qualify for coverage.

  • January 13, 2025

    SEC Must Explain Coinbase Crypto Rule Denial, 3rd Circ. Says

    A Third Circuit panel delivered a partial win to Coinbase on Monday when it ordered the U.S. Securities and Exchange Commission to provide "a more complete explanation" of why it denied the crypto exchange's request for rulemaking on how securities laws apply to digital assets.

  • January 13, 2025

    $13.4M Suit Against Insurer For Conn. Death Verdict Paused

    A Connecticut state court judge has rejected Hanover Insurance Co.'s bid to dismiss a mother's lawsuit seeking to partially enforce a $13.4 million trial judgment over her son's death in a group home, but agreed to pause the matter while the group home appeals the verdict.

  • January 13, 2025

    Supreme Court Won't Hear Broker's Fee Bid In Copyright Case

    The U.S. Supreme Court declined Monday to hear a Florida real estate broker's bid for attorney fees incurred defending himself from a copyright infringement suit by an aerial photography company, leaving in place a ruling saying he was not a prevailing party once the case was voluntarily dismissed.

  • January 13, 2025

    Justices Won't Review Reversal Of Firm's Tax Penalty Win

    The U.S. Supreme Court let stand Monday a Fifth Circuit decision overturning a jury ruling that a wealth management company didn't owe $579,000 in tax penalties because an employee's mental health problems excused the company's failure to file information returns on time.

  • January 13, 2025

    Justices Want Solicitor General To Weigh Alaska Land Feud

    The U.S. Supreme Court asked the solicitor general Monday to weigh in on a review petition filed by an Alaskan property owner embroiled in a land feud with his neighbor.

Expert Analysis

  • 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.

  • 2024 Has Been A Momentous Year For ESG

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    Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.

  • Making The Pitch To Grow Your Company's Legal Team

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    In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

  • Justices May Find Gov't Can Keep Fraudulent Transfer Benefit

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    Based on the justices' questions at the recently argued U.S. v. Miller, the Supreme Court appears prepared to hold that the U.S. — unlike any other creditor — is permitted to retain the benefits of a fraudulent transfer to the detriment of other bankruptcy creditors, says Kevin Morse at Clark Hill.

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