Appellate

  • March 04, 2025

    Fed. Circ. Affirms PTAB Decision Backing Stem Cell Patent

    A biotech research outfit failed Tuesday to persuade Federal Circuit judges to rethink an administrative board ruling that rejected a challenge mounted against a stem cell patent.

  • March 04, 2025

    House GOP Push WH Right To Send State Cases To Fed. Court

    House Republicans on Tuesday rallied behind a bill that would let current and former presidents move state cases against them to federal court, calling the legislation a response to weaponized prosecutions of President Donald Trump.

  • March 04, 2025

    10th Circ. Upholds EPA Approval Of Colo. Smog Plan Changes

    A Tenth Circuit panel on Tuesday affirmed the U.S. Environmental Protection Agency's approval of two changes to Colorado's plan to bring Denver and the northern Front Range into compliance with ozone pollution standards, rejecting a challenge brought by conservation groups.

  • March 04, 2025

    Judge Stays Osage Wind Farm Order, Requires $10M Bond

    An Oklahoma federal judge stayed a $4.2 million judgment and order requiring an energy company to remove 84 wind turbines from the Osage Nation's reservation pending the outcome of a Tenth Circuit appeal, ordering the company to pay a $10 million bond in the interim.

  • March 04, 2025

    Construction Co. Slams Iraq Attys' Appearance In $120M Suit

    Archirodon Construction (Overseas) Co. has asked the D.C. Circuit to block a law firm from representing Iraq as the country fights efforts by the company to enforce a $120 million arbitral award in a dispute over a major port project.

  • March 04, 2025

    ACC, Clemson And FSU End Legal Fight Over Revenues, Fees

    Florida State University and Clemson University will stay in the Atlantic Coast Conference under a new athletic revenue distribution model that would resolve the multistate court battles over media rights and exit fees, the parties said Tuesday in announcing a settlement of their disputes.

  • March 04, 2025

    4th Circ. Finds No Harm In Facebook Ads For Young Renters

    The Fourth Circuit affirmed a Maryland federal court's dismissal of a would-be renter's proposed class action alleging age discrimination by the D.C. area's largest real estate firms Tuesday, finding that the plaintiff failed to show that she was harmed by the company's targeting of younger renters in Facebook ads.

  • March 04, 2025

    Calif. PBM Opioid Suit Belongs In Federal Court, 9th Circ. Told

    Pharmacy benefit managers Express Scripts Inc. and OptumRx Inc. urged the Ninth Circuit on Tuesday to require California to litigate its public nuisance claims over their opioid dispensing practices in federal court, arguing that allowing the state to litigate in state court would create a circuit split.

  • March 04, 2025

    DC Circ. Doubts FERC Was Wrong To OK Tennessee Pipeline

    The D.C. Circuit struggled to understand just where environmentalists think FERC messed up when approving a Tennessee pipeline project that would serve a gas-fired power plant that's set to replace a coal-fired one, expressing varying degrees of doubt Monday during arguments.

  • March 04, 2025

    AG Asks Mich. High Court To Preserve Anti-Terrorism Law

    Michigan's attorney general asked the state Supreme Court to put on hold a ruling striking down the state's anti-terrorist threat law as unconstitutional, saying the ruling threatens to unravel ongoing prosecutions and hamper future responses to threats of violence.

  • March 04, 2025

    9th Circ. Questions UPS' Teamster Election Challenge

    A Ninth Circuit panel appeared skeptical Tuesday of UPS' argument that Teamsters representatives tainted a union representation election by chatting with workers in a warehouse parking lot while a union vote went on inside.

  • March 04, 2025

    3rd Circ. Says Pa. GOP Can't Challenge Biden's Voting Order

    The Third Circuit on Tuesday ruled that Republican lawmakers from Pennsylvania lack the standing to challenge former President Joe Biden's executive order expanding "get-out-the-vote" information, reasoning that the individual politicians could not bring a suit claiming an injury on behalf of the state Legislature.

  • March 04, 2025

    IRS Drops Push To Penalize Ex-Braves Players For Fraud

    The federal government dropped its push Tuesday to reinstate civil fraud penalties against a partnership founded by former Atlanta Braves players John Smoltz and Ryan Klesko in their Eleventh Circuit appeal of a decision slashing their $47 million deduction for a conservation easement donation.

  • March 04, 2025

    Pa. Justices Question 'Key' Witness Test For Forum Change

    Members of the Pennsylvania Supreme Court wondered Tuesday if a state appeals panel established an unfair test by requiring parties seeking a new forum to shoulder the difficult burden of proving, very early in litigation, that faraway witnesses would be "key" to their case.

  • March 04, 2025

    Colo. Justices Won't Review Hospital Tax Classification Suit

    The Colorado Supreme Court declined to review an appeals court ruling finding that a rehabilitation hospital should be classified as a commercial property for tax purposes because it was predominantly designed for its services and not for residency.

  • March 04, 2025

    2nd Circ. Mulls Blackmail Case's Effect On Fraud Conviction

    Second Circuit judges looked tempted Tuesday to let Scott Tucker, who is incarcerated on charges that he ran a $2 billion payday lending scam, file a new appeal — after hearing that Tucker's trial counsel faced blackmail from an unrelated client during Tucker's $2 billion fraud trial.

  • March 04, 2025

    PBMs Ask 8th Circ. To Pause FTC's Insulin Pricing Case

    Caremark Rx, Express Scripts and OptumRx have asked the Eighth Circuit to pause the Federal Trade Commission's in-house case accusing the pharmacy benefit managers of artificially inflating insulin prices as they push their constitutional claims against the agency.

  • March 04, 2025

    Dispensary Fights Counties' Extra Pot Tax In Mo. High Court

    A Missouri appellate court correctly found that counties wrongfully imposed a 3% additional sales tax on cannabis sales that were already subject to tax by a local government, a dispensary told the state Supreme Court.

  • March 04, 2025

    Colo. House Committee Advances Bill To Add 15 State Judges

    The Colorado House Judiciary Committee on Tuesday voted to advance a bill that would add 15 state judges over the next two years, after Senate lawmakers scaled back the proposal to address concerns about the bill's cost in a tight budget year.

  • March 04, 2025

    NY Judicial Complaints Hit New High Amid Public 'Anger'

    New York's judicial watchdog on Tuesday reported a record number of complaints against judges in 2024, receiving about as many grievances as the state court system has judges.

  • March 04, 2025

    Pa. Justices Wary Of 'Limitless Liability' Without Damages Cap

    Pennsylvania's $250,000 damages limit on injury claims involving state entities is too low in cases involving catastrophic injuries, the lawyer for a woman hit by a bus told the state Supreme Court on Tuesday, drawing questions from the justices about the potential for state agencies to be crippled by "limitless liability."

  • March 04, 2025

    Trump Asks 2nd Circ. To Take Over Hush Money Appeal

    President Donald Trump asked the Second Circuit to take over his New York state court appeal of his hush money conviction, saying the "extraordinary" case implicated official acts from his first term.

  • March 04, 2025

    Ga. Atty Suspended 6 Months For Sharing Client Information

    A Georgia attorney received a six-month suspension from practicing law Tuesday from the Supreme Court of Georgia for his handling of a federal personal injury case, in which he was found to have disclosed client information and litigation strategy in a deliberate attempt to make defense counsel look disingenuous.

  • March 04, 2025

    3 Kasowitz Financial Litigators Leave BigLaw For NY Boutique

    Litigation boutique Pallas Partners LLP has brought on three New York-based litigators from Kasowitz Benson Torres LLP to strengthen its commercial and financial litigation capabilities on both sides of the Atlantic, the firm said Tuesday.

  • March 04, 2025

    Ga. Justices Reject Broadened 'Bad Faith' Claim In Injury Suit

    The Supreme Court of Georgia ruled Tuesday that a driver who rear-ended another could not be found as acting in bad faith — and thereby on the hook for attorney fees — merely because he may have been talking on his cellphone at the time of the crash.

Expert Analysis

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

  • High Court 'Violent Crimes' Case Tangled Up In Hypotheticals

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    In Delligatti v. U.S., the U.S. Supreme Court will hear arguments next week on whether attempted murder constitutes a crime of violence, and because the court’s interpretive approach thus far has relied on hairsplitting legal hypotheticals with absurd results, Congress should repeal the underlying statute, say attorneys at Patterson Belknap.

  • Tracking The Slow Movement Of AI Copyright Cases

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    The tech community may be expecting a prompt resolution on whether products generated by artificial intelligence are a fair use of copyrighted works, but legal history shows that a response to this question — at the heart of over 30 pending cases — will take years, say attorneys at White & Case.

  • How Property Insurance Coverage Shrank After The Pandemic

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    Insurers litigating property claims are leveraging rulings that provided relief in the COVID-19 context to reverse the former majority rule on physical loss or damage in all contexts, say attorneys at Reed Smith.

  • Considering Chevron's End Through A State Tax Lens

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    States took the lead in encouraging Chevron's demise, turning away from Chevron-type deference in state tax administration ahead of the U.S. Supreme Court’s Loper Bright decision, a trend likely to accelerate as courts take a more active role in interpreting tax laws, say attorneys at Eversheds Sutherland.

  • Curious Case Of FTC's Amicus Brief In Teva Fed. Circ. Appeal

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    Attorneys at BCLP explore the Federal Trade Commission's backing of Amneal's Orange Book-delisting efforts on Teva ahead of a key Federal Circuit hearing in a case between the two pharmaceutical companies, and wonder if the FTC amicus brief indicates a future trend, especially in the next administration.

  • E-Discovery Quarterly: Recent Rulings On Metadata

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    Several recent rulings reflect the competing considerations that arise when parties dispute the form of production for electronically stored information, underscoring that counsel must carefully consider how to produce and request reasonably usable data, say attorneys at Sidley.

  • When 'Patented' Goes Beyond Inventorship In False Ad Cases

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    The Federal Circuit's recent false advertising holding in Crocs v. Effervescent is significant because it offers a nuanced yet realistic understanding of what false claims about a product's status as "patented" can mean, say attorneys at McDermott.

  • 2nd Circ. Hostile Workplace Ruling Widens Arbitration Pitfalls

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    The Second Circuit’s recent decision, affirming the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act applies to a worker whose workplace hostility claims arose before the law’s 2022 enactment, widens the scope of the law — and the risks of unenforceable arbitration agreements for employers, say attorneys at Hinshaw.

  • 2nd Circ. Maxwell Ruling Adds To Confusion Over NPA Reach

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    The Second Circuit’s recent decision upholding Ghislaine Maxwell’s conviction made an analytical leap in applying plea agreement precedent to a nonprosecution agreement, compounding a circuit split and providing lessons for defense counsel, say attorneys at Kropf Moseley.

  • The Fed. Circ. In October: Aetna And License-Term Review

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    The Federal Circuit's recent decision that Aetna's credit card licensing agreement with AlexSam did not give the insurer immunity from patent infringement claims serves to warn licensees to read their contracts carefully, say attorneys at Knobbe Martens.

  • Recent Developments In Insurance Coverage For FCA Claims

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    As the U.S. Department of Justice continues its vigorous False Claims Act enforcement, companies looking to their insurers to help defray the costs of an investigation or settlement should note recent decisions on which types of policies cover FCA claims, which policy periods apply and which portions of FCA-related losses are covered, say attorneys at Covington.

  • Striking A Balance Between AI Use And Attorney Well-Being

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    As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.

  • Boosting Confidence In Pennsylvania's Election System

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    As Election Day nears, Pennsylvania is facing an intense flurry of litigation, including an appeal to the U.S. Supreme Court centered on mail-in and provisional ballots, but the state's election system is robust, and attorneys from all practice areas have an important role to play in ensuring confidence in and access to our election system, says Bucks County Commissioner Bob Harvie.

  • Takeaways From The IRS' Crypto Doc Summons Win

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    A recent First Circuit decision holding that taxpayers do not have a Fourth Amendment reasonable expectation of privacy in cryptocurrency transaction records should prompt both taxpayers and exchanges to take stock of past transactions and future plans, say attorneys at BakerHostetler.

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