Appellate

  • September 26, 2025

    Oysters Not Covered By Drug Forfeiture Law, Court Rules

    Massachusetts' intermediate appellate court on Friday found that the commonwealth may not apply the same forfeiture laws used for seized drugs to 1,600 wild oysters, though it nonetheless upheld the taking of the allegedly ill-gotten mollusks.

  • September 25, 2025

    Justice Thomas Says High Court Precedent Isn't 'Gospel'

    U.S. Supreme Court Justice Clarence Thomas said Thursday that he doesn't view the high court's prior rulings as "the gospel," and that any precedent that doesn't respect the U.S. Constitution or the country's legal traditions is ripe for reconsideration.

  • September 25, 2025

    Standing Questions Loom In Mozambique LNG Loan Dispute

    The requirements for organizational standing dominated much of Thursday's oral argument over the Export-Import Bank of the United States' decision to back a massive liquefied natural gas project in Mozambique, as the challengers sought a preliminary injunction that could hinge on recent standing rulings from the D.C. Circuit and U.S. Supreme Court.

  • September 25, 2025

    Ex-Highland CEO Tells High Court Judge's Novels Show Bias

    The founder and president of hedge fund Highland Capital Management has asked the U.S. Supreme Court to weigh in on a bankruptcy judge's refusal to recuse herself from proceedings involving the company after she published two novels that he says contain veiled commentary about the case.

  • September 25, 2025

    Pa. Justices Say Child Arbitration Invalid Despite Parents' OK

    The Pennsylvania Supreme Court ruled Thursday that parents signing waivers at attractions like trampoline parks cannot bind their children or spouses to arbitration, in twin injury suits seeking to hold Sky Zone liable for two minors' injuries.

  • September 25, 2025

    CashCall Urges Justices To Overturn $134M CFPB Award

    CashCall is asking the U.S. Supreme Court to overturn a Ninth Circuit order that left the loan company on the hook for $134 million in restitution to the Consumer Financial Protection Bureau, despite the firm's insistence that conflicting precedent deprived it of its right to a jury trial.

  • September 25, 2025

    Rap Song Can't Be Used To Prove Rap Sheet, NY Court Says

    A criminal defendant's rap song should not have been allowed as evidence that he enabled a murder, a New York state appeals court ruled, granting a new trial in a case that saw Brooklyn prosecutors put one of their own on the stand on a moment's notice as a slang expert.

  • September 25, 2025

    Mining Cos. Look To Revive $50M Zimbabwe Award Suit

    Two Mauritian mining companies will look to challenge a D.C. Circuit decision nixing their lawsuit to enforce an 11-year-old, $50 million arbitral award against Zimbabwe stemming from an ill-fated mining deal, according to documents made public this week.

  • September 25, 2025

    NJ Justice Hints 'Essential' A Key Term In Benefits Case

    New Jersey Supreme Court Justice Rachel Wainer Apter asked Thursday if a worker can be considered an "essential employee" under an executive order but not under a COVID-19 law governing workers' compensation, as the court considered a school district's bid to deny the designation to a deceased teacher.

  • September 25, 2025

    NY Court Vacates Guilty Plea Over Impossible Plea Agreement

    A New York state appeals court on Thursday vacated a plea agreement after finding it contained a requirement that a defendant complete a substance abuse program despite not being eligible for enrollment.

  • September 25, 2025

    Chicago Man Forged Signatures Of Federal Judges, Feds Say

    A Chicago man has been indicted for forging the signatures of two Illinois federal judges on various court filings in an attempt to get around an order restricting his ability to file new cases, according to an announcement made by the U.S. Department of Justice on Thursday.

  • September 25, 2025

    Amazon Denied Quick Appeal Of Massive Antitrust Class Cert.

    The Ninth Circuit has rejected a petition from Amazon seeking permission to immediately appeal an order certifying a class of roughly 300 million consumers in a sweeping antitrust case accusing the e-commerce giant of inflating prices through its merchant policies.

  • September 25, 2025

    Fed. Circ. Snubs Patent Atty's Bid To Join Toddler Mat IP Case

    The Federal Circuit on Thursday denied an attorney's bid to appear in a patent infringement case over toddler dining mats, in which the lower court found that his misrepresentation of prior art during prosecution was "purposeful, deliberate, and egregious."

  • September 25, 2025

    6th Circ. Backs Rock Singer's Win In Arson Coverage Dispute

    The Sixth Circuit on Thursday affirmed that rock singer John Falls can still recoup a portion of the $2.5 million that a Hanover Insurance unit was ordered to pay for music equipment that was lost in an arson at a House of Blues recording studio.

  • September 25, 2025

    Pa. Justices Say Gov't Must Show Proof Of 'High-Crime Areas'

    The Pennsylvania Supreme Court on Thursday ruled that police detention of a person based in part on their presence in a "high-crime area" must be supported by proof that the area is actually high in crime, but declined to create strict rules or tests to make that designation.

  • September 25, 2025

    Pa. Justices Allow Utilities To Deny Rivals' Billing For Add-Ons

    Electricity distributors in Pennsylvania can apply add-ons to their customers' bills for things like smart thermostats, line insurance and tree trimming while denying the same "on-bill billing" service to third-party electricity providers, the state Supreme Court ruled Thursday.

  • September 25, 2025

    6th Circ. Rejects GOP's Challenge To Michigan Voter Rolls

    The Sixth Circuit rejected the Republican National Committee's bid to purge ineligible voters from Michigan's voter rolls on Thursday, finding the party lacked standing.

  • September 25, 2025

    Pa. Justices Reject 'Key Witness' Test In Forum Swap

    The Pennsylvania Supreme Court ruled Thursday that litigants shouldn't have to prove that out-of-town witnesses are "key" to their case to get a suit moved to a more convenient forum for them, unwinding a lower court's finding that raised the bar for seeking a "forum non conveniens" transfer.

  • September 25, 2025

    Pa. High Court Backs Two-Lab Rule For Medical Pot Products

    The Pennsylvania Supreme Court on Thursday upheld a state rule requiring medical marijuana businesses to test their products at two separate laboratories, finding that the state law's emphasis on public safety empowered regulators to impose the requirement.

  • September 25, 2025

    Mich. High Court To Decide If Four Years Makes A Speedy Trial

    The Michigan Supreme Court will review whether a man sentenced to up to 15 years for domestic violence was denied the right to a speedy trial due to a four-year wait between his arrest and his case going before a jury.

  • September 25, 2025

    AstraZeneca Asks High Court To 'Unscramble' Drug Price Law

    As legal losses pile up for drug manufacturers in their fight to overturn the Medicare Drug Price Negotiation program, pharma giant AstraZeneca is asking the U.S. Supreme Court to decide if the program infringes on its constitutional rights. 

  • September 25, 2025

    DC Court Upholds Transfer Tax On Long-Term Leaseback

    The $39 million sale of a Washington, D.C., property and a long-term deal to lease it back to the seller constituted two separate taxable transactions, an appeals court said Thursday, rejecting a claim for a $1 million refund.

  • September 25, 2025

    NCAA Urges 4th Circ. To Move Fast On W.Va. U. Eligibility Suit

    The NCAA's appeal of the injunction allowing four West Virginia University football players to immediately return to competition needs an expedited schedule, at the risk of district courts granting even more athletes eligibility while cases are still being argued, the NCAA told the Fourth Circuit on Wednesday.

  • September 25, 2025

    Calif. Panel Rejects Prisoner's Racial Bias Discovery Motion

    A California state appeals court has determined that an incarcerated Samoan man did not sufficiently allege he was discriminated against when brokering a plea agreement with state prosecutors, ruling that he should not have been granted limited discovery to prove his claims under a state racial justice law.

  • September 25, 2025

    NJ Amusement Park Co. Won't Get Hearing On Shore Project

    New Jersey appeals court found Thursday that a Jersey Shore amusement park owner isn't entitled to a hearing before an agency that approved a grant making way for a luxury housing and retail development on the site of a nearby parking lot.

Expert Analysis

  • Asbestos Ruling Cements All Sums Coverage Precedent In SC

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    With its recent decision in Protopapas v. Travelers, the South Carolina Court of Appeals becomes the highest court in South Carolina to adopt the all sums allocation approach for long-tail claims, providing key appellate precedent to support policyholders' efforts to maximize their coverage, say attorneys at Anderson Kill.

  • M&A Ruling Reinforces High Bar For Aiding, Abetting Claims

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    The Delaware Supreme Court's recent decision in In re: Columbia Pipeline may slow the filing of aiding and abetting claims against third-party buyers in situations where buyers negotiate aggressively, putting buy-side dealmakers' minds at ease that they likely won't be liable for seeking the best possible deal, say attorneys at Simpson Thacher.

  • Series

    Creating Botanical Art Makes Me A Better Lawyer

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    Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.

  • What To Expect As Calif. Justices Weigh Arbitration Fee Law

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    If the California Supreme Court’s upcoming ruling in Hohenshelt v. Superior Court holds that the Federal Arbitration Act does not preempt the California Arbitration Act's strict fee deadlines, employers and businesses could lose the right to arbitrate over minor procedural delays, say attorneys at Bird Marella.

  • 2 Circuit Court Rulings Offer A Class Certification Primer

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    Two recent decisions from the Third and Sixth Circuits provide guidance on the rigorous analysis of predominance that courts might require for class certification, and insights into how defendants might oppose or narrow potential class actions, say attorneys at DLA Piper.

  • Supreme Court's Criminal Law Decisions: The Term In Review

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    Though the U.S. Supreme Court’s criminal law decisions in its recently concluded term proved underwhelming by many measures, their opinions revealed trends in how the justices approach criminal cases and offered reminders for practitioners, says Kenneth Notter at MoloLamken.

  • Opinion

    The Legal Education Status Quo Is No Longer Tenable

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    As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.

  • 2nd Circ. Reinforces Consensus On Vacating Foreign Awards

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    In Molecular Dynamics v. Spectrum Dynamics Medical, the Second Circuit recently affirmed that federal district courts do not possess subject matter jurisdiction to vacate foreign arbitral awards, strengthening this consensus across the circuits most active in recognition and enforcement actions, says Ed Mullins at Reed Smith.

  • What Dismissal Rulings May Mean For ERISA Forfeiture Cases

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    Following an influx of Employee Retirement Income Security Act class actions challenging the long-standing practice of plan sponsors using plan forfeitures to offset employer contributions, recent motion to dismiss rulings and a U.S. Department of Labor amicus brief may encourage more courts to reject plaintiffs' forfeiture theories, say attorneys at Mayer Brown.

  • Justices' Age Verification Ruling May Lead To More State Laws

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    The U.S. Supreme Court’s recent Free Speech Coalition v. Paxton ruling, permitting a Texas law requiring certain websites to verify users’ ages, significantly expands states' ability to regulate minors’ social media access, further complicating the patchwork of internet privacy laws, say attorneys at Troutman.

  • E-Discovery Quarterly: Rulings On Relevance Redactions

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    In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.

  • Opinion

    Section 1983 Has Promise After End Of Nationwide Injunctions

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    After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.

  • Reel Justice: 'Oh, Hi!' Teaches Attys To Return To The Statute

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    The new dark comedy film “Oh, Hi!” — depicting a romantic vacation that turns into an inadvertent kidnapping — should remind criminal practitioners to always reread the statute to avoid assumptions, meet their ethical duties and finesse their trial strategy, says Veronica Finkelstein at Wilmington University School of Law.

  • Patent Ambiguity Persists After Justices Nix Eligibility Appeal

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    The Supreme Court recently declined to revisit the contentious framework governing patent eligibility by denying certiorari in Audio Evolution Diagnostics v. U.S., suggesting a necessary recalibration of both patent application and litigation strategies, say attorneys at Skadden.

  • Justices' Decision Axing Retiree's ADA Claim Offers Clarity

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    The U.S. Supreme Court's holding in Stanley v. City of Sanford that protections under Title I of the Americans with Disabilities Act don't extend to retirees potentially limits liability by giving employers additional support to challenge complaints, and highlights the need for proactive policy management to mitigate risk, say attorneys at Jackson Lewis.

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