Appellate

  • March 03, 2025

    Calif. Court OKs Slash Of $30M Med Mal Verdict To $250K

    A California appeals court has agreed with the decimation of a $29.5 million wrongful death verdict against a chiropractor who cleared a teen with a heart condition for strenuous physical activity, saying the state's damages cap applies.

  • March 03, 2025

    9th Circ. Rejects Redo Of Antitrust Case Against Zillow, NAR

    The Ninth Circuit on Monday said it would not revive a defunct brokerage platform's case accusing Zillow and the National Association of Realtors of deception related to the online real estate company's website, saying there was no conspiracy in the way changes were made to how listings were displayed.

  • March 03, 2025

    Ruling Nixing $1.3B Award May Be In Jeopardy At High Court

    The U.S. Supreme Court appeared poised during oral arguments on Monday to overturn a Ninth Circuit decision refusing to enforce a $1.3 billion arbitral award issued to an Indian satellite communications company, as the justices grappled with a new argument from a unit of India's space agency.

  • March 03, 2025

    Full Fed. Circ. Won't Take On Teva's Orange Book Appeal

    The Federal Circuit on Monday rejected a request for an en banc rehearing from Teva Pharmaceuticals challenging a panel decision finding that the company improperly listed its asthma inhaler patents on a key U.S. Food and Drug Administration database that lists patents for drugs.

  • March 03, 2025

    American Asks Justices To Mull Bid To Revive JetBlue Pact

    American Airlines has told the U.S. Supreme Court that the First Circuit flouted basic antitrust principles when it invalidated the carrier's codeshare agreement with JetBlue in Boston and New York, a decision that "threatens to wreak havoc on productive collaborations of all shapes and sizes."

  • March 03, 2025

    Fired NBA Ref Wants $178K Atty Fees After 2nd Circ. Win

    A former longtime NBA referee asked a Manhattan federal judge on Monday to approve an attorney fee of $179,000, after winning $2.9 million in pension benefits in a case over his termination for refusing to get vaccinated against COVID-19.

  • March 03, 2025

    Texas High Court Told Telecom Law Clears State Constitution

    Texas is hoping its highest court will overturn a ruling that found the state violated its own constitutional rules about gift-giving by capping the amount cities can charge telecoms for using their rights-of-way to such a degree that they were basically forced to give away public money.

  • March 03, 2025

    Conn. Justices Set New Atty Duty In Deathbed Will Dispute

    Three intended beneficiaries of a late businessman's will can sue attorney Anthony J. Palermino for allegedly failing to tell his client that TD Ameritrade account documents would need to be changed to fulfill his deathbed wishes, the Connecticut Supreme Court ruled Monday, finding that attorneys have a duty to third-party beneficiaries in such situations.

  • March 03, 2025

    4th Circ. Backs Away From Contractor's Arbitration Fight

    The Fourth Circuit said Monday it doesn't have jurisdiction over a contractor's challenge to a couple's arbitration award for an incomplete home renovation project, citing the U.S. Supreme Court's holding that federal courts have jurisdiction only over motions to compel, but not vacate or confirm, arbitration awards.

  • March 03, 2025

    Fed. Circ. Tosses Appeal In Card Payment Patent Dispute

    The Federal Circuit on Monday threw out a patent holder's challenge of an order clarifying that motions for sanctions by gift card company Blackhawk Networks and shopping mall owner Simon Property Group remained live after a Texas federal court's non-infringement judgment.

  • March 03, 2025

    Ex-Adecco Worker Can't Protest PAGA Deal, Calif. Panel Rules

    A worker suing a staffing agency under California's Private Attorneys General Act cannot intervene in a settled case lodging similar claims because the challenge is based purely on her private interests, a California panel ruled.

  • March 03, 2025

    Jarkesy Can't Get Penny Stock Co. Out Of SEC Penalty

    The Second Circuit on Monday upheld the U.S. Securities and Exchange Commission's courtroom victory against a penny stock company found to have misled its investors about its financial state, ruling that the company couldn't lean on the U.S. Supreme Court's Jarkesy ruling to argue that a jury should have determined its punishment.

  • March 03, 2025

    Sutter Settles Years-Old Antitrust Suit On Courthouse Steps

    Attorneys for a class of millions of health insurance premium payors announced an eleventh hour deal staving off a new antitrust trial Monday in California federal court over claims that hospital chain Sutter Health drives up costs by pushing all-or-nothing network deals on insurers.

  • March 03, 2025

    Vape Co. Backs 6th Circ. Challenge To Ky. E-Cig Law

    A Texas e-cigarette liquids maker on Monday urged the Sixth Circuit to side with a group of vape interests in their bid to block a Kentucky law regulating vape sales, saying the companies have standing to block the measure and the law is preempted under federal law.

  • March 03, 2025

    Pa. Supreme Court Snapshot: Negligence Damages Caps

    The Pennsylvania Supreme Court will start and end its March session examining long-standing precedents, beginning Tuesday with an argument that will spotlight damages against government entities, and wrapping up Wednesday with a matter hinging on a rule that lets general contractors share their subcontractors' immunity under the workers' compensation law.

  • March 03, 2025

    9th Circ. Won't Revive Black Ex-Boeing Engineer's Bias Suit

    The Ninth Circuit on Monday backed Boeing's defeat of a former engineer's lawsuit claiming he was disciplined for minor issues and ultimately terminated because he's Black, ruling he hadn't provided evidence that the company's actions were based on his race.

  • March 03, 2025

    2nd Circ. Denies Amish Schools' Vaccine Rule Challenge

    The Second Circuit on Monday denied a religious challenge to New York's immunization law from three Amish schools and two Amish parents, saying both the appellate court and the U.S. Supreme Court have a history of upholding school immunization requirements implemented by states.

  • March 03, 2025

    NJ Justices Skeptical Of Judicial Privacy Law Challenge

    The New Jersey Supreme Court appeared skeptical Monday over reviving a journalist's lawsuit alleging municipal officials improperly relied on the judicial safety measure Daniel's Law to chill his attempt to expose a city police director's out-of-town address.

  • March 03, 2025

    Fla. Judge Admits To Improper Remarks About Prosecutors

    A Florida state judge could receive a public reprimand after admitting to ethics charges for calling an assistant state attorney an "ass" and other inappropriate remarks directed toward prosecutors.

  • March 03, 2025

    Colo. Says 1933 Dictionary Supports Netflix Subscription Tax

    The plain meaning of tangible personal property has long encompassed Netflix streaming video subscriptions, Colorado's tax department told a state appeals court, urging it to allow a sales tax on the company's products.

  • March 03, 2025

    Justices Pass On Reviewing Ohio Prisoner's Habeas Win

    The U.S. Supreme Court on Monday declined to scrutinize a lower court ruling granting habeas corpus relief to an Ohio death row prisoner whom a biased judge had prevented from introducing new mitigating evidence at resentencing.

  • March 03, 2025

    Justices To Weigh Double-Jeopardy Claim In Robbery Case

    The U.S. Supreme Court on Monday agreed to wade into a seven-circuit split over whether the double jeopardy clause allows for separate sentences on different charges stemming from the same robbery — an issue that can lead to significantly longer prison terms.

  • March 03, 2025

    Fed. Circ. Says OPM Reg On Entry-Level Workers' OT Is Valid

    The Office of Personnel Management's regulation denying overtime pay for federal employees undergoing training is valid, the U.S. Court of Appeals for the Federal Circuit ruled Monday, sending an FBI analyst's overtime suit back to the Court of Federal Claims.

  • March 03, 2025

    10th Circ. Backs CPSC In Challenge To New Magnet Rule

    The Tenth Circuit on Monday denied a petition challenging a new Consumer Product Safety Commission rule regulating the sale of small, high-powered magnets, finding that the evidence the CPSC provided supports the rule and the commission's structure is constitutional.

  • March 03, 2025

    DC Circ. Asks Crowley For More Info In GSA Audit Powers Suit

    A D.C. Circuit panel directed Crowley Government Services Inc., which has challenged the authority of the General Services Administration to audit its contract with the U.S. Department of Defense's Transportation Command, to file a brief detailing whether the contract included any such audit provision.

Expert Analysis

  • Mich. Ruling Offers View On 'Occurrence' Coverage Definition

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    As demonstrated by a Michigan state court in its recent decision finding per-wound insurance coverage for a school shooting, the amount of coverage available under occurrence-based policies often depends on how courts interpret "occurrence," say attorneys at Hunton.

  • Rejoinder Strategy After Allergan Double-Patenting Case

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    A closer look at last year's Allergan v. MSN case at the Federal Circuit highlights the importance of rejoinder during patent prosecution in view of the risks associated with obviousness-type double patenting based on later-filed applications in the same patent family, say attorneys at BCLP.

  • What FARA Enforcement In 2024 Reveals For The Year Ahead

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    A number of developments, from indictments to legislation, shaped the Foreign Agents Registration Act enforcement landscape last year, and following the U.S. Department of Justice's recently released long-awaited proposed amendments to the law, 2025 shows no signs of slowing down, says Tessa Capeloto at Wiley.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • Lessons Learned From 2024's Top FMLA Decisions

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    Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

  • 5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle

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    The Fifth Circuit's recent en banc opinion vacating Nasdaq's board diversity listing rule wades into the hotly debated topic of diversity, equity and inclusion initiatives at a time when many public companies are navigating the attention that DEI commitments are drawing from activists and shareholders, say attorneys at Debevoise.

  • Lessons Learned From 2024's Top ADA Decisions

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    Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • The 6 Most Significant FCRA Litigation Developments Of 2024

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    From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.

  • Fed. Circ. In December: A Patent Prosecution History Lesson

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    Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.

  • An Associate's Guide To Career Development In 2025

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    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

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    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

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    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

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    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

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    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.

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