Appellate

  • March 13, 2025

    9th Circ. Won't Block Consolidation Of Uber Assault Cases

    The Ninth Circuit has rejected Uber Technologies Inc.'s contention that the Judicial Panel on Multidistrict Litigation should've enforced Uber's "non-consolidation" clause with passengers' lawsuit alleging they were sexualy assaulted, ruling that such a "private agreement" doesn't override the JPML's power to consolidate.

  • March 13, 2025

    Interactive Brokers Tells Justices To Skip Trading Patent Case

    Trading software company Interactive Brokers has shot back at a rival's effort to persuade the U.S. Supreme Court to look at an "illusory" split between appeals courts over the standard for introducing post-trial fraud evidence in a long-litigated patent case. 

  • March 13, 2025

    Trump Asks Justices To Limit Pauses Of Birthright Order

    President Donald Trump asked the U.S. Supreme Court on Thursday to limit three nationwide court orders prohibiting the implementation of his executive order aimed at limiting birthright citizenship, arguing that the coast-to-coast injunctions upended the judicial process and are trying to micromanage the executive branch.

  • March 13, 2025

    $181K Sanctions Against Texas AG-Tied Investor Stand

    A Texas appeals court upheld around $181,000 in sanctions against the real estate developer at the center of Texas Attorney General Ken Paxton's failed impeachment, finding in a Thursday opinion that developer Natin Paul breached court orders when he wired money to an NBA player.

  • March 13, 2025

    Grubhub Can't Force Arbitration, But Uber Can At 2nd Circ.

    A partially divided Second Circuit panel said Thursday that Grubhub cannot force into arbitration a proposed class action's price-fixing claims based on rules barring restaurants from selling food more cheaply through other channels, but left the arbitrability question for the same claims against Uber Eats up to the arbitrator.

  • March 13, 2025

    Fed. Circ. Sides With Merck In Reissued Patent Debate

    The Federal Circuit isn't buying that a reissued patent was actually "issued" at the time it was originally awarded, dashing generic-drug makers' hopes of breaking pharmaceutical giant Merck's hold on a blockbuster drug that counteracts the effects of anesthesia.

  • March 13, 2025

    Merck Asks Justices To Block Fosamax Failure-To-Warn Suits

    Merck has asked the U.S. Supreme Court to review a Third Circuit ruling that allowed more than 1,000 state-law failure-to-warn claims over its osteoporosis drug Fosamax, arguing that the U.S. Food and Drug Administration's formal rejection of a such a proposed warning label should block such lawsuits under federal law.

  • March 13, 2025

    Fla. Attys Disbarred, Suspended For Forgery Accusations

    The Florida Supreme Court on Thursday disbarred a West Palm Beach attorney for making threatening social media posts during litigation, repeatedly failing to file a viable complaint in a toxic tort case, and falsely accusing opposing counsel of forgery, an infraction that also earned his co-counsel a suspension.

  • March 13, 2025

    Split 7th Circ. Kills Injunction In Indiana Power Line Dispute

    The Seventh Circuit has knocked down an injunction blocking an Indiana right of first refusal law that gives Indiana-based utilities the first shot at securing new transmission project contracts before those from other states.

  • March 13, 2025

    Calif. AG Appealing State Limits On Pay-For-Delay Ban

    California enforcers are appealing to the Ninth Circuit after a lower court found that a new state law restricting "reverse payment" settlements between brand-name and generic-drug makers cannot be used to regulate deals that were struck outside the state.

  • March 13, 2025

    Fed. Circ. Dings Antibody Patent App For Lacking Description

    The Federal Circuit on Thursday affirmed a decision from top U.S. Patent and Trademark Office officials in a highly watched and technical dispute over an antibody patent application, concluding that preambles for so-called Jepson claims need sufficient written descriptions.

  • March 13, 2025

    2nd Circ. Won't Revive Saks, Luxury Brands No-Poach Case

    A Second Circuit panel refused Thursday to revive an antitrust suit from former Saks Fifth Avenue employees over the retailer's alleged agreements with Gucci, Louis Vuitton and other luxury fashion houses to not hire workers from its stores.

  • March 13, 2025

    Fed. Circ. OKs Injunction Against Innova's Car Circuit Testers

    The Federal Circuit decided Thursday to keep an injunction in place stopping sales of Innova Electronics Corp.'s car-testing devices amid allegations those devices infringe a patent by rival Power Probe Group Inc.

  • March 13, 2025

    Fed. Circ. Revives Bid For Increased Costs From DHS Build

    The Federal Circuit on Thursday revived a construction contractor's claim for additional costs under a contract to construct a utilities plant at U.S. Department of Homeland Security headquarters, finding the government's building specifications were inadequate.

  • March 13, 2025

    Ga. Judge Slams 'Meaningless' Reading Of Open Records Act

    A Georgia appellate judge took his colleagues to task Thursday for not backing a local newspaper publisher's effort to force a city to hand over its police records, writing that a majority opinion that declined to fully resolve the dispute "substitute[s] our policy preferences for the policy choices of the legislature."

  • March 13, 2025

    Ga. Court Nixes Reinstatement Of Officer Who Beat Jail Inmate

    The Georgia Court of Appeals has reversed a trial court decision that reinstated to his job a former Athens-Clarke County police officer who was found to have beaten a person incarcerated in county jail, ruling there was enough evidence to justify the officer's firing for the assault.

  • March 13, 2025

    Karen Read Loses Double Jeopardy Bid In Federal Court

    Karen Read, the Massachusetts woman who stands accused of killing her boyfriend with her SUV, will not be able to avoid a retrial in state court after a federal judge on Thursday denied her bid to escape two charges that jurors supposedly rejected during deliberations.

  • March 13, 2025

    Pa. Justices Let Convicted Doctor Reapply For License

    A former University of Pittsburgh Medical Center radiologist who lost his license for unlawfully prescribing Vicodin can seek reinstatement less than 10 years after his 2019 suspension thanks to a change in state law defining a drug trafficking offense, the Pennsylvania Supreme Court ruled Thursday.

  • March 13, 2025

    Full Fed. Circ. Probes Basis For $20M Google Patent Verdict

    The en banc Federal Circuit on Thursday closely scrutinized the damages evidence underlying EcoFactor's $20 million thermostat patent trial victory against Google, with some judges suggesting that it doesn't support the testimony given by EcoFactor's expert witness.

  • March 13, 2025

    9th Circ. Ends Idaho Abortion Law Row After Mutual Dismissal

    A Ninth Circuit panel has dropped an appeal from Idaho claiming the state's strict abortion ban doesn't conflict with a federal law protecting emergency abortions, after the Trump administration announced its decision to drop the Biden-era legal challenge. 

  • March 13, 2025

    Mich. High Court Unsure Of GOP Role In Poll Worker Parity

    Michigan Supreme Court justices mulled whether the Republican Party has standing to seek better representation of its party in the election workforce on Thursday while hinting mootness could present a wrinkle in the two-year-old case.

  • March 13, 2025

    Cavanagh Selected As Mich. Supreme Court's Chief Justice

    Justice Megan K. Cavanagh will become the Michigan Supreme Court's chief justice when Justice Elizabeth T. Clement steps down next month, the court announced Thursday. 

  • March 13, 2025

    Colo. Panel Keeps Workers' Comp Law Out Of Contractor Suit

    An independent contractor cannot use Colorado's workers' compensation law to limit the damages awarded to a colleague for his negligence claim over an on-the-job injury, a state appeals panel ruled Thursday, saying that the two worked together, but not for each other.

  • March 13, 2025

    6th Circ. Won't Rehear Ex-Electric Co. Exec's Severance Suit

    The Sixth Circuit will not rethink its panel decision upholding the dismissal of a severance suit brought by American Electric Power Services Corp.'s former chief digital officer who claimed he was shortchanged on his way out the door, according to a Thursday order.

  • March 13, 2025

    Rink Can't Escape Skater's Party Injury Claim, Ill. Panel Says

    An Illinois skating rink was incorrectly handed a pre-trial win over accusations that its failure to keep a floor supervisor on duty during a backward-skating round caused a man's injury during a birthday party, a state appellate panel said Wednesday.  

Expert Analysis

  • A Closer Look At Money Laundering Sentencing Issues

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    Federal money laundering cases are on the rise, often involving lengthy prison sentences for defendants who have little to no criminal history, but a closer look at the statistics and case law reveal some potentially valuable arguments that defense attorneys should keep in their arsenal, says Sarah Sulkowski at Gelber & Santillo.

  • Justices Likely To Issue Narrow Ruling In $1.3B Award Dispute

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    After last week's argument in Devas v. Antrix, the Supreme Court appears likely to reverse the holding that minimum contacts are required before a federal court may exercise personal jurisdiction over a foreign state and remand the case for further litigation on other important constitutional questions, say attorneys at Cleary. 

  • Pleading Rules At Stake In High Court Hamas Banking Case

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    While a case between victims of Hamas terrorist attacks and a Lebanese bank, recently argued before the U.S. Supreme Court, appears to ask a narrow question of which civil procedure rules apply to requests to reopen final judgments, how the justices rule could drastically change pleading strategies for future plaintiffs, say attorneys at Dorsey & Whitney.

  • What's At Stake In High Court Transgender Care Suit

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    The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.

  • Considerations As Trump Admin Continues To Curtail CFPB

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    Recent sweeping moves from the Consumer Financial Protection Bureau's new leadership have signaled a major shift in the agency's trajectory, and regulated entities should prepare for broader implications in both the near and long term, say attorneys at Pryor Cashman.

  • 6th Circ. Ruling Paves Path Out Of Loper Bright 'Twilight Zone'

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    The U.S. Supreme Court’s Loper Bright ruling created a twilight zone between express statutory delegations that trigger agency deference and implicit ones that do not, but the Sixth Circuit’s recent ruling in Moctezuma-Reyes v. Garland crafted a two-part test for resolving cases within this gray area, say attorneys at Wiley.

  • NCAA Rulings Signal Game Change For Athlete Classification

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    A Tennessee federal court's recent decision in Pavia v. NCAA adds to a growing call to consider classifying college athletes as employees under federal law, a change that would have unexpected, potentially prohibitive costs for schools, says J.R. Webster Cucovatz at Gilson Daub.

  • Copyright Ruling Could Extend US Terminations Worldwide

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    If upheld on appeal, Vetter v. Resnik, a recent ruling from a Louisiana federal court, could extend the geographical scope of U.S. copyright termination rights to foreign territories, say attorneys at Manatt.

  • Recent Cases Clarify FCA Kickback Pleading Standards

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    Two recently resolved cases involving pharmaceutical manufacturers may make it more difficult for False Claims Act defendants facing kickback scheme allegations to get claims dismissed for lack of evidence, say Li Yu at Bernstein Litowitz, Ellen London at London & Noar, and Gregg Shapiro at Gregg Shapiro Law.

  • Bankruptcy Ruling Provides Guidance On 363 Asset Sales

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    HE v. Avadim Holdings, a recent ruling from the District of Delaware, underscores the principle that rejection of executory contracts does not unwind completed transfers of property and the importance of clear and precise language in sale orders and asset purchase agreements in bankruptcy cases, say attorneys at Eversheds Sutherland.

  • FLSA Ruling Shows Split Over Court Approval Of Settlements

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    A Kentucky federal court's recent ruling in Bazemore v. Papa John's highlights a growing trend of courts finding they are not required, or even authorized, to approve private settlements releasing Fair Labor Standards Act claims, underscoring a jurisdictional split and open questions that practitioners need to grapple with, say attorneys at Vedder Price.

  • Dewberry Ruling Is A Wakeup Call For Trademark Owners

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    The U.S. Supreme Court's decision in Dewberry v. Dewberry hones in on the question of how a defendant's affiliates' profits should be treated under the Lanham Act, and should remind trademark litigants and practitioners that issues involving monetary relief should be treated seriously, say attorneys at Finnegan.

  • A Look At The Student Loan Case Pending At Supreme Court

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    The Trump administration is likely to drop the U.S. Supreme Court case of U.S. Department of Education v. Career Colleges and Schools of Texas after its review of the 2022 borrower defense to repayment rule, but any outcome will be significant for institutions participating in programs covered by Title IV of the Higher Education Act, say attorneys at Duane Morris.

  • When Reincorporation Out Of Del. Isn't A Good Idea

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    While recent high-profile corporate moves out of Delaware have prompted discussion about the benefits of incorporation elsewhere, for many, remaining in the First State may be the right decision due to its deep body of business law, tradition of nonjury trials and other factors, say attorneys at Goodwin.

  • Perspectives

    11th Circ. Ruling Shows How AEDPA Limits Habeas Relief

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    The Eleventh Circuit's recent decision to uphold an Alabama man's death sentence reveals how the Antiterrorism and Effective Death Penalty Act can prevent meaningful review and has eroded the power of habeas corpus petitions by forcing federal courts to pay extraordinary deference to state-level rulings, says Paul Shechtman at Yale Law School.

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