Appellate

March 05, 2025
Baylor Asks Texas Justices To Review $12M Virus Verdict Toss

Baylor College of Medicine asked the Texas Supreme Court to rethink an appellate panel's COVID-19 coverage decision wiping a $12 million jury verdict in its favor, arguing the ruling was based on a 1995 edition of a legal treatise that incorrectly concluded intangible damage isn't covered.
March 05, 2025
Celltrion Can't Undo Eye Med Biosimilar Injunction On Appeal

The Federal Circuit on Wednesday affirmed a lower court's preliminary injunction barring South Korea-based Celltrion Inc. from launching a biosimilar version of Regeneron's blockbuster eye disease treatment Eylea, rejecting Celltrion's argument that it has shown a patent on the drug may be invalid.
March 05, 2025
Justices Asked To Recuse Fitbit Judge Over Google Ties

A Silicon Valley-based patent-holding company that lost its infringement case against Fitbit is telling the U.S. Supreme Court that a California federal judge and her husband's financial ties to Fitbit parent Google are so strong that "if these circumstances do not warrant recusal ... then nothing does."
March 05, 2025
Teva Wants Pause Of Patent Delisting For High Court Appeal

Israeli drugmaker Teva Pharmaceuticals is hoping the Federal Circuit will keep an injunction ordering it to remove its inhaler patents from the U.S. Food and Drug Administration's Orange Book on hold while it appeals the matter to the U.S. Supreme Court.
March 05, 2025
Feds Urge Justices To Allow Nuke Waste Storage In Texas

The federal government on Wednesday told U.S. Supreme Court justices that the Fifth Circuit wrongly inserted itself into the debate over U.S. nuclear waste policy by nixing federal approval for a temporary storage facility in Texas.
March 05, 2025
NJ Panel Wrestles With Reviving Lorillard's Tax Refund Claim

New Jersey state appeals court judges grappled Wednesday with whether to revive tax refund claims from Lorillard following a state Tax Court decision that said changes to a royalty addback and deduction rule retroactively fixed constitutional issues with the regulation.
March 05, 2025
Fed. Circ. Says Marketing Costs Can Permit ITC Patent Suits

The Federal Circuit ruled Wednesday that the U.S. International Trade Commission has wrongly prohibited domestic expenses related to sales, marketing and other activities from allowing companies to pursue ITC patent cases, and revived a suit brought by eyelash extension company Lashify.
March 05, 2025
Gun Group Urges Full 6th Circ. Take Up Sig Sauer Safety Case

The right to keep and bear arms would be infringed if customers can sue gun manufacturers on a theory that a pistol without an external safety is defectively designed, a gun advocacy group is arguing, urging the full Sixth Circuit to review a product liability lawsuit against Sig Sauer Inc.
March 05, 2025
Fed. Circ. Keeps Lenovo, Databricks Patent Fights In Texas

The Federal Circuit has turned down efforts by Lenovo and Databricks to ship separate lawsuits they are facing from patent-holding companies out of the Eastern District of Texas.
March 05, 2025
Native Groups Want Equal Footing In Fed. Appellate Courts

Native American rights' groups are urging a federal appellate judicial rules committee to add federally recognized tribes to a list of entities that do not need a court's approval to file an amicus brief, saying the disparity restricts how and when tribal nations gain a voice in lawsuits that impact them.
March 05, 2025
Wash. Justices Won't Take Up VW's $4.7M Asbestos Loss

The estate of a mechanic who died of mesothelioma he claimed he contracted from asbestos in Volkswagen AG's brake pads can keep a $4.7 million jury win, after the Washington state's highest court rejected the automaker's bid for review.
March 05, 2025
CashCall Wants 9th Circ. Redo Of Order To Pay CFPB $134M

CashCall Inc. has asked for a rehearing of its Ninth Circuit loss that kept it on the hook for a $134 million restitution payment to the Consumer Financial Protection Bureau, arguing that when the online lender was fined in 2016, CashCall could not relinquish its "known right" to a jury trial because the right did not exist at the time.
March 05, 2025
Atty Can Be Retried For 'Disrespecting' Judge, Court Told

Double jeopardy does not apply to summary contempt convictions, the Michigan Supreme Court heard Tuesday, as a Detroit court argued that a criminal defense attorney can be retried on a contempt charge for what a judge described as disrespectful behavior.
March 05, 2025
Airplane Parts Makers Say Fatal Crash Order Invites 'Chaos'

A pair of airplane parts makers have urged the North Carolina Supreme Court to reverse the dismissal of their appeal in a fatal crash case, arguing that the lower appellate court "usurped" the justices' authority by tossing the appeal despite an active stay order from the high court.
March 05, 2025
SuperValu Wins FCA Case That Went To High Court

An Illinois federal jury cleared SuperValu of liability Tuesday on whistleblower claims that it billed the government higher-than-customary prices for millions of prescriptions, marking the end to an important test of a 2023 U.S. Supreme Court ruling reviving the case.
March 05, 2025
Murder Convict's Outbursts At Issue Before Conn. High Court

A trial judge violated due process guarantees by adding criminal contempt sentences to a felony murder convict's prison term because of a series of racial and profane outbursts during a habeas corpus hearing, the convict's appointed counsel told the Connecticut Supreme Court on Wednesday.
March 05, 2025
Alex Jones Escapes Immediate Sandy Hook Payment Bid

Bankrupt Infowars host Alex Jones has escaped a request to immediately pay more than $1 billion to the families of Sandy Hook Elementary School victims who sued him for defamation, the Connecticut Appellate Court has ruled.
March 05, 2025
Del. Corporate Law Bill Poses 'Grave Risk,' Plaintiffs' Firms Say

Five of Delaware's most active corporate litigation plaintiffs' firms have branded pending legislation aimed at curbing stockholder suits as a "dangerous and radical" measure that attacks the state's courts and will put Delaware's nationally known incorporation franchise "at grave risk."
March 05, 2025
Pa. Justices Hint Parents' Liability Waivers Aren't Binding

Pennsylvania law may not allow parents to waive the right to a jury trial on their child's behalf when signing off on things like letting them use a trampoline park, the state Supreme Court suggested during arguments Wednesday.
March 05, 2025
Law Firm Beats Malpractice Suit From Ex-Fla. School Official

A Florida state appeals panel refused to revive a onetime school district superintendent's complaint against the district's former counsel from a Florida law firm, alleging the firm improperly used confidential information she provided as part of a report that found she committed misconduct.
March 05, 2025
Karen Read Jury Poll Proposal Faces Skeptical Federal Judge

A Massachusetts federal judge on Wednesday appeared hesitant to interview jurors from Karen Read's first murder trial in her bid to avoid a retrial, saying during a hearing it's not clear he has the ability to intervene in the state-court proceeding.
March 05, 2025
Fed. Circ. Says Late EEOC Worker's 1st Wife Gets Back Pay

The Federal Circuit said the U.S. Equal Employment Opportunity Commission did not err in providing a deceased employee's back pay to his first wife because she was listed as his beneficiary, rejecting his second wife's assertion that federal law required that the money go to her.
March 05, 2025
High Court Upholds VA's Authority To Doubt Disability Claims

A divided U.S. Supreme Court ruled Wednesday that a veterans' appeals court can rely on the U.S. Department of Veterans Affairs' decisions to offer the benefit of the doubt in disability claims cases, rejecting two veterans' efforts to revive their PTSD claims.
March 05, 2025
High Court Allows Release Of Frozen USAID Foreign Aid

The U.S. Supreme Court on Wednesday ruled that a D.C. federal judge can require the Trump administration to release up to $2 billion in frozen foreign aid funding, but told the judge he must clarify the scope of the government's responsibility and ensure it has enough time to comply with any deadline.
March 04, 2025
Avalara Investor Asks 9th Circ. To Revive $8B PE Buyout Suit

An Avalara shareholder urged the Ninth Circuit on Tuesday to revive a proposed securities class action alleging the tax software company duped investors into approving a "deficient" $8.4 billion private equity buyout, arguing the trial court erred in finding Avalara's statements tied to "numerically specific metrics" weren't false or misleading.

Expert Analysis

An Associate's Guide To Career Development In 2025

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

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

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

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

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

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

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

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

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

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

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.
Why Letters Of Protection Are Discoverable In Texas PI Suits

Recent Texas Supreme Court opinions and key provisions of the Texas Rules of Civil Procedure make letters of protection, in which plaintiff attorneys promise payment to healthcare providers based on jury awards, discoverable — good news for defendants fighting exorbitant damage claims in personal injury cases, says Nathan Vrazel at Munsch Hardt.
4 Trade Secret Pointers From 2024's Key IP Law Developments

Four significant 2024 developments in trade secret law yield practical tips about defending trade secrets overseas, proving unjust enrichment claims, forcing compliance with posttrial orders and using restrictive covenants to prevent employee leaks of confidential intellectual property, say attorneys at Faegre Drinker.
Data Privacy Landscape After Mass. Justices' Wiretap Ruling

In Vita v. New England Baptist Hospital, Massachusetts’ highest court recently ruled that the state’s wiretap law doesn’t prohibit all tracking of website user activity, but major financial and reputational risks remain for businesses that aren't transparent about customer’s web data, says Seth Berman at Nutter.
Ledbetter's Legacy Shines In 2024 Equal Pay Law Updates

The federal Lilly Ledbetter Fair Pay Act turned 15 this year, and its namesake's legacy is likely to endure in 2025 and beyond, as demonstrated by 2024's state- and local-level progress on pay equity, as well as several rulings from federal appellate courts, say attorneys at Fisher Phillips.