Appellate

  • November 14, 2024

    4th Circ. Nomination Sent To Full Senate With NC Senator's Ire

    The Senate Judiciary Committee advanced on Thursday the nomination of Ryan Young Park, solicitor general of North Carolina, to the Fourth Circuit, with one Republican senator repeating his warning that Park does not have the votes.

  • November 14, 2024

    9th Circ Says Immigration Board Flubbed Priest's Asylum Bid

    The Ninth Circuit revived a Salvadoran priest's asylum bid, ruling that the Board of Immigration Appeals overlooked the connection between his alleged persecution and his refusal to use his influence as a church leader to support a major political party's agenda.

  • November 14, 2024

    Mass. Justices Open Show-Cause Hearings In Brothel Case

    Massachusetts' highest court said Thursday that the public may access hearings that will determine whether criminal charges will be brought against as-yet unidentified customers of a high-end brothel, a group that potentially includes public officials, corporate executives and individuals with security clearances.

  • November 14, 2024

    MVP: Hogan Lovells' Jessica Ellsworth

    Jessica Ellsworth of Hogan Lovells' appellate practice argued in the U.S. Supreme Court on behalf of Danco Laboratories, leading to the overturning of a decision that threatened to block access to the company's abortion medication, and on behalf of Coinbase, resulting in a holding that it is up to judges, not arbitrators, to figure out if contracts between businesses and consumers have subtly superseded earlier agreements to proceed in arbitration rather than litigation. The back-to-back arguments helped earn her a spot as one of the 2024 Law360 Appellate MVPs.

  • November 14, 2024

    DC Circ. Won't Rethink Denial Of Church Tax Exemption

    The D.C. Circuit rejected a request to reconsider the tax status of an Iowa church that used a psychedelic drug in its rites, letting stand its decision that because the church uses a federally illegal drug, it isn't entitled to tax-exempt status.

  • November 13, 2024

    Docks Co. Urges 11th Circ. To Rehear Split Cuba Port Ruling

    Havana Docks Corp. has urged the Eleventh Circuit to grant a full panel rehearing over the court's split ruling to reverse a $440 million win against several luxury cruise companies for using a Cuba port terminal that was confiscated by the country's government, saying the ruling by a three-judge panel contradicted the law.

  • November 13, 2024

    Texas Court OKs Med Mal Death Suit, Expert Report

    A Texas appellate court has declined to dismiss a medical malpractice suit accusing an emergency medical clinic of failing to diagnose a man's heart disease which caused his fatal cardiac arrest, saying the plaintiffs' medical expert's mandatory report satisfies state guidelines.

  • November 13, 2024

    Nigeria Asks Justices To Take Up Circuit Split On Sovereigns

    Nigeria has urged the U.S. Supreme Court to determine whether the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards mandates judicial enforcement of arbitration awards against sovereign nations for cases that arise solely from their roles as sovereigns.

  • November 13, 2024

    7th Circ. Won't Halt Ind. Gender-Affirming Care For Minors Ban

    A split Seventh Circuit reversed a lower court's preliminary injunction order Tuesday that stopped an Indiana law prohibiting its physicians from providing gender-affirming care through medication to minors, finding the plaintiff's view on the law would result in allowing parents to decline to take a seriously injured child to the hospital.

  • November 13, 2024

    Google Says $20M Thermostat IP Verdict Was 'Manufactured'

    Google is making its argument to the full Federal Circuit that a $20 million verdict the tech giant was hit with in the Western District of Texas was "manufactured" by an expert hired by a competing smart-home energy startup.

  • November 13, 2024

    Live Nation Ruling Chills Modern Arbitration, 9th Circ. Told

    The Ninth Circuit's recent decision invalidating Live Nation Entertainment Inc. and Ticketmaster's choice of a digital arbitration startup for consumer antitrust claims has created "massive uncertainty" and undermines innovative approaches for dealing with abusive mass arbitrations, the live event companies argued in a rehearing petition Tuesday.

  • November 13, 2024

    Defenders, Prosecutors Clash On Proposed Wash. Case Caps

    As public defenders called on the Washington Supreme Court on Wednesday to adopt lightened caseload standards to stem the exodus of attorneys from the indigent defense field, prosecutors chalked up those concerns to career dissatisfaction and cautioned the court the updated rules would catapult local governments into budgetary crisis.

  • November 13, 2024

    A 3M PFAS Win Could Be Hollow, Mich. Justice Suggests

    Michigan Supreme Court justices asked Wednesday what it would mean to invalidate the state's regulations on so-called forever chemicals in drinking water, with one justice commenting that winning the case might be of little consequence for 3M, the company that brought the challenge, while undoing protections for the water supply.

  • November 13, 2024

    Panel Says Ex-Atty's ADA Claim Doesn't Apply To Her Lawyers

    A Tenth Circuit panel on Wednesday affirmed the dismissal of a disbarred Colorado attorney's Americans With Disabilities Act claim against her former defense lawyers, according to an unpublished decision that said the law only applies to public entities.

  • November 13, 2024

    Split 9th Circ. Won't Ax Injunction In 'Open AI' TM Fight

    A man accused by OpenAI of preventing the ChatGPT maker from registering its name as a trademark lost his Ninth Circuit challenge to an injunction blocking him from using the "Open AI" mark while his case is pending.

  • November 13, 2024

    Fed. Circ. Judges Frown On Custom Emoji Patent

    A patent covering the development of customizable emojis died at the Federal Circuit on Wednesday, after judges there rejected an appeal of an administrative board ruling that knocked out all of the patent's claims.  

  • November 13, 2024

    Mich. Justices Bore Into Railroad's Telecom Tunneling Dispute

    Norfolk Southern emphasized its safety concerns Wednesday during oral arguments before the Michigan Supreme Court as it tried to persuade the justices to reverse a ruling finding a telecommunications company did not need the railway's permission to bury fiber-optic cable underneath its tracks.

  • November 13, 2024

    Detroit Fire Fee Ruling Concerns Mich. Justice

    A Michigan Supreme Court justice on Wednesday said he was troubled by a lower appellate ruling he said seemed to imply that municipalities can work around a state law barring sneaky taxes, in this case by stating a charge for fire prevention services is really just the cost of a permit allowing property owners to do business in Detroit.

  • November 13, 2024

    EPA Tells DC Circ. That Mercury Rule Is Sound

    The U.S. Environmental Protection Agency told the D.C. Circuit that opponents of its rule strengthening standards for mercury and other toxic air emissions at power plants are seeking to hamstring the agency with a too-narrow interpretation of the Clean Air Act.

  • November 13, 2024

    7th Circ. Judge Calls Strike On Cubs Atty In ADA Seating Row

    An increasingly frustrated Seventh Circuit judge on Wednesday repeatedly asked a lawyer for the Chicago Cubs how federal prosecutors' recent accessible seating settlement affected a fan's related appeal, cutting her off several times to emphasize that her suggested doctrine was explicitly not available in his court. 

  • November 13, 2024

    Italian Plane Maker Can't Dodge Fla. Wrongful Death Suit

    A Florida appeals court on Wednesday said an Italian aircraft manufacturer cannot escape a wrongful death suit over a plane crash in the Florida Keys, finding that the company had sufficient minimum contacts in the state to haul it into court there.

  • November 13, 2024

    Republicans Ask Pa. Justices To Cement Ballot Date Rule

    Although a Pennsylvania court decision tossing a rule for mail-in ballots was supposed to only apply to a September special election in Philadelphia, Republican groups have asked the Supreme Court of Pennsylvania to review it and more broadly uphold the rule requiring a handwritten date on the ballots' outer envelopes.

  • November 13, 2024

    Short-Term Rental Owners 'Unreasonable,' Dallas Tells Court

    A Dallas short-term rental advocacy organization loves to focus on property rights, but it never considered the rights of neighbors who want safe neighborhoods and don't want to live next to an active business, a city attorney told a Fifth Court of Appeals panel during oral arguments Wednesday.

  • November 13, 2024

    Colo. A2J Commission Will Launch Listening Tour Next Year

    Colorado Supreme Court Justice Melissa Hart told a room of attorneys on Wednesday that the state's Access to Justice Commission is preparing a 2025 "listen and learn" tour to solicit ideas on how to better serve Coloradans who struggle to afford legal representation.

  • November 13, 2024

    Justices Puzzled By Nvidia's Position In Investor Case

    Some U.S. Supreme Court justices on Wednesday seemed to regret the decision to hear a dispute between chipmaker Nvidia Corp. and its investors, wondering whether a disagreement over what the company knew about its sales to crypto miners has any bearing on other securities class action lawsuits.

Expert Analysis

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • 3 Policyholder Lessons From NY Bad Faith Ruling

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    A New York appellate court's recent decision finding that Rockefeller University alleged viable bad faith claims against its insurers reinforces the principle that insurers may not elevate their own economic interests over those of their insureds, say attorneys at Lowenstein Sandler.

  • In SF Water Case, Justices Signal How Loper May Be Applied

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    Skeptical questions from U.S. Supreme Court justices during oral argument in San Francisco v. U.S. Environmental Protection Agency offer hints of how the court intends to apply limits on agency regulatory autonomy established last term in Loper Bright, says Karen Cullinane at Goldberg Segalla.

  • Class Actions At The Circuit Courts: November Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.

  • Notable Q3 Updates In Insurance Class Actions

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    Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.

  • 2nd Circ. Halkbank Ruling Shifts Foreign Immunity Landscape

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    Following the Second Circuit’s recent common law immunity ruling in U.S. v. Halkbank, foreign state-owned banks, wealth funds and other entities now must seriously consider the risk of criminal liability for commercial activity that violates U.S. laws, say attorneys at Debevoise.

  • Justices Must Weigh Reach Of Civil RICO In Cannabis Case

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    Oral arguments in Medical Marijuana Inc. v. Horn suggest that a majority of the U.S. Supreme Court may agree that a truck driver's losing his job after unknowingly ingesting THC and failing a drug test does not merit a racketeering claim — but the court may not buy the other side's theory of the case either, say attorneys at Lewis Baach.

  • Patent Marking Steps After Fed. Circ. Opens Lanham Act Door

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    Following the Federal Circuit’s recent ruling in Crocs v. Effervescent, which seemingly revives private actors’ ability to bring false patent marking claims under the Lanham Act, marketing and legal teams should be careful to avoid advertisement language that implies nonexistent patent rights, says Jeffrey Ratinoff at Spencer Fane.

  • Litigation Strategies In View Of New Double Patenting Rulings

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    Recent Federal Circuit decisions, including in Allergan v. MSN, raise several issues that patent owners should understand and consider addressing proactively regarding obviousness-type double patenting, at least in their prosecution strategies, say attorneys at Dentons.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • 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.

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