Appellate

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
9th Circ. To Hear Remaining AB 5 Challenge

A Ninth Circuit panel is set to hear arguments Wednesday in likely the last ongoing high-profile challenge to California's Assembly Bill 5, leaving a potential path to striking down the independent contractor classification law's application to the trucking industry.
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."
April 08, 2025
Tribal Leaders Not Immune From Extortion Law, Justices Told

The government is urging the U.S. Supreme Court to reject claims by the former head of a Native American tribe who says the federal law against extortion does not apply to him or other tribal leaders.
April 08, 2025
3M Tells 2nd Circ. Conn. PFAS Suit Belongs In Federal Court

3M Co. on Monday told the Second Circuit that Connecticut's lawsuit accusing the company of polluting the environment with forever chemicals contained in its consumer products belongs in federal court.
April 08, 2025
2nd Circ. Sinks Marital Bias Suit From Wendy Williams' Ex

The Second Circuit reversed a win Tuesday for the ex-husband of television personality Wendy Williams in his suit claiming he lost his producer gig after Williams asked him for a divorce, issuing a ruling that clarified the scope of New York City's marital bias law.
April 08, 2025
Photographer Tells 9th Circ. Kat Von D Tattoo Is Not Fair Use

A photographer has urged the Ninth Circuit to reverse a jury verdict that found celebrity tattoo artist Kat Von D did not infringe a Miles Davis picture that was the basis for a tattoo she drew, saying her company admitted that it was "100%" the same as the photograph.
April 08, 2025
Drew Eckl Takes Breakaway Firm Dispute To Ga. High Court

Drew Eckl & Farnham LLP told the Georgia Supreme Court that Burke Moore Law Group LLP — started by former Drew Eckl partners and others — was wrongly allowed to escape arbitration over fees between the firm and the ex-partners, arguing that Burke Moore implicitly consented to arbitration by participating without objecting to jurisdiction.
April 08, 2025
Split 4th Circ. Lifts Block On DOGE's Access To Gov't Data

A split Fourth Circuit panel paused Monday a ruling blocking the Department of Government Efficiency from accessing sensitive information on millions of Americans held by the U.S. Department of the Treasury, U.S. Department of Education and the Office of Personnel Management, while a dissenting judge disagreed "with all the energy an old judge can muster."

Expert Analysis

Justices Seem Focused On NEPA's Limits In Utah Rail Case

After last month's oral argument at the U.S. Supreme Court in Seven County Infrastructure Coalition v. Eagle County, Colorado, the court appears poised to forcefully reiterate that the National Environmental Policy Act requires federal agencies to review only those environmental impacts within their control, say attorneys at Perkins Coie.
Fed. Circ. Patent Decisions In 2024: An Empirical Review

Despite an ever-increasing backlog of argument-ready cases, the Federal Circuit issued fewer decisions in 2024 than in previous years, and the decisions' overall friendliness toward patent owners and applicants was low, says Dan Bagatell at Perkins Coie.
Series

Exercising On My Peloton Bike Makes Me A Better Lawyer

While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
5 Drug And Device Developments That Shaped 2024

The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
Lessons From United's Axed Win In Firing Over Online Pics

In Wawrzenski v. United Airlines, a California state appeals court revived a flight attendant’s suit over her termination for linking photos of herself in uniform to her OnlyFans account, providing a cautionary tale for employers navigating the complexities of workplace policy enforcement in the digital age, say attorneys at ArentFox Schiff.
Reviewing The High Court's Approach To Free Speech Online

As the U.S. Supreme Court began addressing the interplay between the First Amendment and online social media platforms, its three opinions from last term show the justices adopting a nuanced approach that recognizes that private citizens, public employees and online platforms all have First Amendment rights, say attorneys at Jenner & Block.
Series

In The CFPB Playbook: A Sprint To The Finish Line

The fourth quarter of 2024 was an impressive demonstration of the Consumer Financial Protection Bureau's ability to regulate, enforce and supervise, even on borrowed time following the election results, and we should expect the current bureau to run nonstop until Jan. 20, say attorneys at Covington.
Mich. Ruling Offers View On 'Occurrence' Coverage Definition

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

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

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

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

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

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

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

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.