Appellate

  • April 08, 2025

    Ex-Outcome CEO, Co-Founder Challenge $1B Fraud Convictions

    Outcome Health's former CEO and co-founder are challenging their convictions for lying about the company's capabilities and value in a $1 billion fraud, arguing a legally deficient fraud theory, unfair narrative evidence and the government's admitted pre-trial asset over-restraint warrant unwinding the jury's verdict.

  • April 08, 2025

    'There Is No Duty To The World,' Hyundai Tells 9th Circ.

    Hyundai urged the Ninth Circuit on Tuesday to toss negligence claims from cities in consolidated litigation alleging the automaker and its Kia subsidiary sold vehicles with design flaws that spawned car thefts prompted by a social media challenge, saying the cities are trying to impose on manufacturers "a duty to the world."

  • April 08, 2025

    Pa. Justices Probe Limits To Workers' Comp Immunity

    Pennsylvania's Supreme Court questioned the fairness of state law offering broad immunity from liability to co-workers in workers' compensation cases, especially when injuries stemmed from acts that weren't immediately part of the job, as a company co-owner argued Tuesday that the "straightforward" language in the law gives him that protection.

  • April 08, 2025

    Calif. Panel Wipes Professor's $10M Sex Harassment Verdict

    A California state appeals court on Monday reversed a former professor's $10 million sexual harassment jury verdict due to improper evidence let in by a judge who later made "extreme and bizarre" comments relating to race and was disqualified from the case.

  • April 08, 2025

    NJ Hospital Can Face Claims In Life Support Malpractice Suit

    A New Jersey appeals court won't let a hospital escape claims that it wrongfully took a patient off life support, saying Tuesday the trial court was too hasty in tossing the suit under the New Jersey Declaration of Death Act.

  • April 08, 2025

    4th Circ. Affirms Dismissal Of IonQ Shareholder Fraud Suit

    The Fourth Circuit on Tuesday declined to revive a shareholder class action against quantum computer developer IonQ, holding that the plaintiffs' reliance on a short seller's report didn't clear the "high bar" for bringing their securities fraud claims against the company.

  • April 08, 2025

    5th Circ. Orders New Trial In $140M Healthcare Fraud Case

    A Fifth Circuit panel shot down a bid from a suspect in a $140 million healthcare fraud scheme to forestall a second trial after alleged prosecutorial misconduct sank the first, finding the government hadn't intentionally withheld evidence.

  • April 08, 2025

    4th Circ. Won't Revisit Ambiguous Endorsement Ruling

    The Fourth Circuit on Monday declined to review its ruling that a South Carolina district court erred by finding that an endorsement unambiguously applied to cap an aluminum supplier's insurance recovery for a fire loss at $10 million.

  • April 08, 2025

    NY High Court Probes If State Emissions Cap Preempts City's

    New York's highest court questioned Tuesday why the state Legislature did not explicitly state that it meant for a 2019 climate law to preempt a law regulating greenhouse gas emissions that New York City passed earlier that year, amid property owners' challenge to the city law.

  • April 08, 2025

    Justices Reshape Terrain For Alien Enemies Act Removals

    The U.S. Supreme Court's Monday ruling allowing the Trump administration to resume deportations of alleged gang members under the 1798 Alien Enemies Act has experts relieved that the justices affirmed due process rights, but worried about how and where they will be exercised.

  • April 08, 2025

    Singapore Court Nixes Railway Award Over Copy-Paste Issue

    Singapore's highest court on Tuesday affirmed the nixing of an arbitral award issued in an Indian railway contract dispute that incorporated an "extensive" amount of passages copied and pasted from separate, related awards, saying a reasonable observer would likely conclude that the tribunal's decision was biased.

  • April 08, 2025

    Medicare Drug Price Plan Tramples Constitution, 3rd Circ. Told

    New Jersey federal court rulings preserving the Centers for Medicare & Medicaid Services' ability to negotiate prices with drug companies should be overturned on constitutional grounds, pharmaceutical giants Novo Nordisk and Novartis told the Third Circuit during oral arguments Tuesday.

  • April 08, 2025

    2nd Circ. Hints Healthcare Co. Is Bound To $1.3M OT Deal

    A Connecticut company could be bound by a plan to settle class action overtime wage claims for $1.34 million despite attempting to back out of an unsigned settlement agreement and hiring new counsel several months later, a Second Circuit panel hinted on Tuesday.

  • April 08, 2025

    New Mexico High Court Reaffirms Language Access Rights

    The New Mexico Supreme Court on Tuesday reaffirmed its commitment to provide access to language services for non-English speakers, saying an executive order by President Donald Trump designating English as the country's official language doesn't alter the state's law, constitution or legal obligation to its citizens.

  • April 08, 2025

    Colo. Appeals Court Urged To Toss Transportation Fees

    Colorado's 2021 transportation funding law violates the state Taxpayer's Bill of Rights and related provisions, an anti-tax group told an appeals court panel Tuesday, urging it to reverse a district court order that stopped its lawsuit.

  • April 08, 2025

    Houston Atty Asks Court To Back $6.3M Verdict Against Rival

    A Houston attorney urged a Texas appellate court Monday to back a $6 million verdict against a rival lawyer he accused of stealing his files in an attempt to recruit clients to file malpractice suits.

  • April 08, 2025

    Contractor's Win In Insurance Fraud Suit Upheld By 6th Circ.

    A Sixth Circuit panel affirmed Continental Building Co.'s defeat of a lawsuit that leveled insurance fraud claims at the general contractor, finding a subcontractor failed to trace its losses to Continental's claim that it defaulted on a contract.

  • April 08, 2025

    Feds Take Aim At Judge's Toss Of Bergdahl Conviction

    The U.S. Department of Justice has told the D.C. Circuit it was "inappropriate on every level" for a district court judge to throw out the court-martial conviction and sentence of former U.S. Army Sgt. Bowe Bergdahl, who deserted his post in Afghanistan.

  • April 08, 2025

    Ranch Seller Lied To 'Yellowstone' Creator, Justices Told

    A Texas appeals panel questioned Tuesday whether the former owner of a 600-acre, $10 million ranch knew about a significant roof leak before he sold the property to "Yellowstone" creator Taylor Sheridan, asking if the seller had indeed told his employee to "keep your mouth shut" about the leak.

  • April 08, 2025

    4th Circ. Says Insurer Needn't Chip In For $9M Fatal Fire Deal

    A Munich Re unit needn't contribute to The Travelers Indemnity Co.'s $9 million settlement of suits brought over a fatal apartment fire, the Fourth Circuit ruled Tuesday, saying the unit's policy issued to a North Carolina county's emergency services department did not also extend coverage to its 911 call center.

  • April 08, 2025

    Texas Court Upholds Jurisdiction Over Some Asbestos Claims

    A Texas appellate court affirmed Tuesday that insurers involved in litigation brought by the trustee of a bankrupt Kentucky machine company seeking coverage in connection with asbestos-related injury litigation can't escape jurisdiction, but contradicted the lower court by denying jurisdiction over certain American insurers regarding non-Texas claims.

  • April 08, 2025

    Fed. Circ. Considers Sandoz's Bid To Undo $39M Patent Loss

    The Federal Circuit on Tuesday grappled with Sandoz's challenge to a $39 million verdict against it in Allergan's eyelash growth drug patent infringement case, with one judge questioning the generic-drug maker's argument that a decade-old decision involving a similar patent forestalls the current case.

  • April 08, 2025

    Private Owner Subject To Prevailing Wage, Pa. Justices Told

    Counsel for the Pennsylvania Bureau of Labor Law Compliance told the state Supreme Court on Tuesday that contractors who constructed a state police barracks were entitled to pay in line with public works projects, arguing that private financing and ownership of the building doesn't negate the prevailing wage.

  • April 08, 2025

    Pacira Reaches IP Deal Allowing Generic Painkiller In 2030

    Pacira BioSciences has agreed to settle a series of patent infringement lawsuits against Fresenius Kabi and other pharmaceutical companies over Pacira's drug Exparel, a long-acting injectable for managing postsurgical pain.

  • April 08, 2025

    9th Circ. Wary Of Judge Becoming 'King' Of Veteran Housing

    The Ninth Circuit appeared skeptical Tuesday of a California federal court's decision to establish control over a U.S. Department of Veterans Affairs facility due to inadequate homelessness measures, with one panel member expressing concern the district judge gave himself the overbroad powers of a "king."

Expert Analysis

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • Series

    Birding Makes Me A Better Lawyer

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    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • Justices May Clarify What IP Competitors In Litigation Can Say

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    If the U.S. Supreme Court agrees to weigh in on Atturo Tire v. Toyo Tire, it may be able to provide guidance on the murky questions surrounding what companies enforcing their intellectual property against competitors are allowed to say in public, say attorneys at Ballard Spahr.

  • How Del. Law Rework Limits Corporate Records Requests

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    Newly enacted amendments to a section of the Delaware General Corporation Law that allows stockholders and beneficial owners to demand inspection of Delaware corporations' books and records likely curtails the scope of such inspections and aids defendants in framing motions to dismiss at the pleading stage, says Jonathan Richman at Brown Rudnick.

  • A Recurring Atty Fee Question Returns To Texas High Court

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    As the Texas Supreme Court is poised to decide if it will once again address — in Maciejack v. City of Oak Point — when a party must segregate attorney fees it seeks to recover, litigators would be wise to contemporaneously classify fees as either recoverable or unrecoverable, say attorneys at Munck Wilson.

  • Alien Enemies Act Case Could Reshape Executive Power

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    President Donald Trump’s invocation of the Alien Enemies Act to deport Venezuelan nationals raises fundamental questions about statutory interpretation, executive power and constitutional structure, which now lay on the U.S. Supreme Court's doorstep, says Mauni Jalali at Quinn Emanuel.

  • An Update On IPR Issue Preclusion In District Court Litigation

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    Two recent Federal Circuit rulings have resolved a district court split regarding issue preclusion based on Patent Trial and Appeal Board outcomes, potentially counseling petitioners in favor of challenging not only all the claims of an asserted patent, but also related patents that have not yet been raised in district court, say attorneys at Alston & Bird.

  • Series

    Adapting To Private Practice: From DOJ Leadership To BigLaw

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    The move from government service to private practice can feel like changing one’s identity, but as someone who has left the U.S. Department of Justice twice, I’ve learned that a successful transition requires patience, effort and the realization that the rewards of practicing law don’t come from one particular position, says Richard Donoghue at Pillsbury.

  • Fed. Circ. Ruling Reaffirms Listing Elements Separately Is Key

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    The Federal Circuit's decision last month in Regeneron v. Mylan reaffirms a critical principle in patent law: When a claim lists elements separately, the clear implication is that they are distinct elements, say attorneys at Taft.

  • Nev. Fraud Ruling Raises Stakes For Proxy Battles

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    Though a Nevada federal court’s recent U.S. v. Boruchowitz decision involved unusual facts, the court's ruling that board members can be defrauded of their seat through misrepresentations increases fraud risks in more typical circumstances involving board elections, especially proxy fights, say attorneys at ArentFox Schiff.

  • Law Firm Executive Orders Create A Legal Ethics Minefield

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    Recent executive orders targeting BigLaw firms create ethical dilemmas — and raise the specter of civil or criminal liability — for the government attorneys tasked with implementing them and for the law firms that choose to make agreements with the administration, say attorneys at Buchalter.

  • NLRB Firing May Need Justices' Input On Removal Power

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    President Donald Trump's unprecedented removal of National Labor Relations Board member Gwynne Wilcox spurred a lawsuit that is sure to be closely watched, as it may cause the U.S. Supreme Court to reexamine a 1935 precedent that has limited the president's removal powers, say attorneys at Kelley Drye.

  • Firms Must Embrace Alternative Billing Models Or Fall Behind

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    As artificial intelligence tools eliminate inefficiencies and the Big Four accounting firms enter the legal market, law firms that pivot from the entrenched billable hour model to outcomes-based pricing will see a distinct competitive advantage, says attorney William Brewer.

  • Risks Of Today's Proffer Agreements May Outweigh Benefits

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    Modern-day proffer agreements offer fewer protections to individuals as U.S. attorney's offices take different approaches to information-sharing, so counsel must consider pushing for provisions in such agreements that bar the prosecuting office from sharing information with nonparty government agencies, say attorneys at Lankler Siffert & Wohl.

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