Appellate

  • November 04, 2024

    Justices Won't Hear UBS Suit Over Disclosed Account Info

    The U.S. Supreme Court declined Monday to hear a couple's suit accusing UBS of fraudulently flagging an account to the Internal Revenue Service in violation of civil provisions under the Racketeer Influenced and Corrupt Organizations Act.

  • November 04, 2024

    Justices Remand Atty Privilege Case After Judge Admits Gaffe

    The Colorado Supreme Court has remanded a case over whether communications between an insurance company's outside lawyer and the experts it hired to study an alleged construction defect are privileged, after some justices said the appeal was "half-baked" because the trial judge had already admitted she was wrong.

  • November 04, 2024

    Suspended Fla. Atty Seeks Leniency Over Missing Precedent

    A suspended Florida attorney has urged the Florida Supreme Court to reduce the punishment it doled out last month, including a one-year suspension of his law license, arguing that the state Supreme Court's decision "cites no precedent," so it should use its discretion to hand out lesser sanctions.

  • November 04, 2024

    Colo. Urges Appeals Court To Toss Netflix Sales Tax Ruling

    Netflix subscriptions in Colorado are tangible personal property subject to sales tax under long-standing state law, the state tax department told an appeals court, urging it to reverse a trial court ruling.

  • November 04, 2024

    Atty Moves To Oust DA Who Cleared Cops In Brother's Death

    A Littler Mendelson PC shareholder's effort to remove the Massachusetts district attorney who absolved officers in the 2021 fatal shooting of his brother left justices on the state's highest court grappling with the reach of a seldom-used state statute allowing them to oust government officials for "the public good."

  • November 04, 2024

    Justices Say Gov't Can Join Oral Arguments In $47M TM Case

    The U.S. Supreme Court said Monday it will allow Solicitor General Elizabeth Prelogar to participate in oral arguments in a case where the justices will consider whether a real estate development company's corporate affiliates should be responsible for a $46.6 million trademark infringement judgment, even though they were not defendants.

  • November 04, 2024

    Ford Gets New Trial In $1.7B Rollover Case In Georgia

    The Georgia Court of Appeals on Friday ordered a new trial in a record-setting $1.7 billion rollover case against Ford Motor Co., saying it was "reluctantly" vacating the jury's verdict after finding that a trial court wrongly imposed issue preclusion sanctions that "almost completely prevented Ford from presenting a defense as to liability."

  • November 04, 2024

    Texas Rips Feds' 5th Circ. Bid To Revive Highway GHG Rule

    Texas is telling the Fifth Circuit there's no reason to disturb a district court's decision to vacate a Federal Highway Administration rule that called on states to set targets to reduce greenhouse gas emissions from federally funded highway projects.

  • November 04, 2024

    Justices Skip TM Challenge To BofA's Virtual Assistant 'Erica'

    The U.S. Supreme Court on Monday declined to review a Tenth Circuit decision that found Bank of America Corp. did not infringe a movie website owner's trademark with its virtual financial assistant "Erica."

  • November 04, 2024

    Justices To Review 30-Day Appeal Window In Removal Case

    The U.S. Supreme Court on Monday accepted a case that could resolve a circuit split on whether noncitizens with final removal orders must appeal to courts within 30 days of the order, or 30 days after administrative appeals conclude.

  • November 04, 2024

    Justices Will Review Use Of Race In La.'s Election Map

    The U.S. Supreme Court agreed Monday to hear arguments over the constitutionality of Louisiana's new congressional map containing two majority-Black voting districts, in a dispute that asks the justices to harmonize the Voting Rights Act's objectives with the language of the 14th Amendment's equal protection clause.

  • November 04, 2024

    Justices Nix Ex-Adviser's Manifest Disregard Challenge

    The U.S. Supreme Court on Monday turned away a petition asking it to resolve whether the Eleventh Circuit wrongly nixed an ex-Morgan Stanley financial adviser's bid to vacate an arbitral award favoring his former employer on the grounds that the panel manifestly disregarded the law.

  • November 04, 2024

    Justices Won't Take Up ESOP Trustee's Push For Arbitration

    The U.S. Supreme Court refused on Monday to take up fiduciary services provider Argent Trust Co.'s challenge to a Second Circuit decision blocking arbitration of a proposed class action from workers who said they were overcharged in a $242 million stock deal.

  • November 04, 2024

    Supreme Court Won't Hear Apache's Mining Regs Dispute

    The U.S. Supreme Court will let stand a ruling that sides with a state environmental agency's decision to let a copper mining company discharge untreated wastewater into a creek that's considered sacred to an Arizona Indigenous community.

  • November 01, 2024

    Pa. High Court Says Undated Ballots Still Won't Count Nov. 5

    The Pennsylvania Supreme Court held Friday that mail-in votes in the fast-approaching general election can still be thrown out if they have missing or "incorrect" dates on their outer envelopes, a ruling that comes just days after a state appellate court found that the practice was unconstitutional.

  • November 01, 2024

    Meet The Attys Arguing Meta's High Court Disclosure Suit

    Both Meta Platforms and its investors are calling in the big guns as two U.S. Supreme Court veterans are set to go head-to-head Wednesday in a case that could limit the types of information corporations are required to disclose to shareholders.

  • November 01, 2024

    COVID Death Suit Not Barred By PREP Act, 11th Circ. Affirms

    A split Eleventh Circuit affirmed a lower court's decision Thursday to remand to state court a lawsuit over a nursing home resident's COVID-19 death, finding preemption may cover a defendant sued for following federal public health emergency guidelines, but not when, as in the instant case, the guidelines were allegedly unheeded.

  • November 01, 2024

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    One circuit court will hold an oral argument for the history books, with dizzying logistics and stakes surpassing almost anything on the U.S. Supreme Court's calendar. Other circuit showdowns will delve into the high court's latest opinions and flesh out fascinating feuds involving big beer brands and emerging theories of "administrative state" overreach. All that and more is making November a month of exceptional appellate intrigue.

  • November 01, 2024

    Chicago Judge Erred After Illness Sidelined Atty, Court Says

    An Illinois appeals court has scrapped a $480,000 judgment against a now-shuttered Chicago restaurant for unpaid rent following the COVID-19 pandemic, finding that a county judge erred by refusing to delay the trial even though the restaurant's counsel had a medical emergency, which left the restaurant without legal representation.

  • November 01, 2024

    DC Circ. Urged To Uphold Veto Of Fla. Dredge Program

    A coalition of environmental groups urged the D.C. Circuit on Friday to uphold a lower court ruling depriving Florida of its authority to issue wetland dredge and fill permits under the Clean Water Act, saying regulators must follow the rigorous laws protecting endangered species.

  • November 01, 2024

    Georgia Court Tosses Suit Over Neighbor's Failed Fire Rescue

    A Georgia appeals court on Friday tossed a suit seeking to hold a homeowner liable for burn injuries suffered by her neighbor when he unsuccessfully tried to rescue the woman's husband from a burning work shed, saying there is no evidence that the homeowners negligently started the fire.

  • November 01, 2024

    4th Circ. Raises Arbitral Finality In Kuwaiti Contractor Case

    A Fourth Circuit panel appeared unlikely on Friday to disturb a ruling enforcing an approximately $8 million arbitral award against a Kuwaiti construction company based on an argument that the lower court wrongly interpreted a statutory deadline.

  • November 01, 2024

    Texas Justice Says Amici Should Get Say In Religion Case

    A Texas Supreme Court justice released a statement Friday saying the court should have granted First Liberty Institute's request for five minutes to argue its position in a case about religious freedom under the Lone Star State's constitution, saying help from an amici would be "sensible and advisable."

  • November 01, 2024

    Fitbit Knocks Out Cellspin Litigation Campaign At Fed. Circ.

    Fitbit and others defeated a pair of appeals on Friday in patent litigation over ideas involving programming automatic social media posts, with the Federal Circuit ruling to reject arguments that a California federal judge should have decided patent suits differently and should have recused herself anyway because of her husband's ties to Fitbit parent Google.

  • November 01, 2024

    5th Circ. Punts On Bid To Stay CFPB Small Biz Rule

    The Fifth Circuit said it won't immediately start tolling compliance deadlines for the Consumer Financial Protection Bureau's small business lending data collection rule and will reserve judgment on whether to stay the rule pending an appeal by the bank trade groups challenging it.

Expert Analysis

  • Allergan Ruling Reinforces Value Of Patent Term Adjustments

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    The Federal Circuit’s recent ruling in Allergan v. MSN, which held that patent term adjustment awards for first-filed, first-issued patents cannot be stripped away by later-issuing child patents that expire earlier, means practitioners must consider the potential impact of any action that might reduce the adjustment amount, say attorneys at Cooley.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • A Class Action Trend Tests Limit Of Courts' Equity Powers

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    A troubling trend has developed in federal class action litigation as some counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the traditional limits of federal courts' equitable powers, say attorneys at Jones Day.

  • What's In The Cards For CFTC's Election Betting Case

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    A D.C. federal judge's Sept. 12 ruling, allowing KalshiEx to offer derivative contracts trading on the outcome of the U.S. congressional elections over objections from the U.S. Commodity Futures Trading Commission, could mark a watershed moment in the permissibility of election betting if upheld on appeal, say attorneys at BakerHostetler.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.

  • IP Concerns For Manufacturing Semiconductors In Low Orbit

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    With space habitation companies working to launch private space stations in the near future, semiconductor manufacturers aiming to execute research and development in low or microgravity must consider the unique claim drafting and patent protection issues that will emerge, says Greg Miraglia at Quinn Emanuel.

  • How NLRB Memo Balances Schools' Labor, Privacy Concerns

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    Natale DiNatale at Robinson & Cole highlights the recent National Labor Relations Board advice memorandum that aims to help colleges reconcile competing obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act as university students flock toward unionization.

  • 3 Coverage Tips As 2nd Circ. 'Swipes Left' On Tinder Claim

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    The Second Circuit's recent opinion in Match Group v. Beazley Underwriting, overturning Tinder's victory on its insurer's motion to dismiss a coverage action, reinforces three best practices policyholders purchasing claims-made coverage should adhere to in order to avoid late-notice defenses, say Lynda Bennett and Alexander Corson at Lowenstein Sandler.

  • How Loper Bright Is Affecting Pending FCC Litigation

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    Pending challenges against Federal Communications Commission orders at the Sixth and Eleventh Circuits following the U.S. Supreme Court's decision in Loper Bright highlight that counsel must be familiar with the statutes, regulations and precedent relevant to the FCC to best navigate the rapidly changing compliance landscape, say attorneys at Davis Wright.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

  • 7 Takeaways For Companies After Justices' Bribery Ruling

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    The U.S. Supreme Court’s Snyder v. U.S. decision this summer, holding that a federal law does not criminalize after-the-fact gratuities made to public officials, raises some key considerations for companies that engage with state, local and tribal governments, say attorneys at BakerHostetler.

  • Why Now Is The Time For Law Firms To Hire Lateral Partners

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    Partner and associate mobility data from the second quarter of this year suggest that there's never been a better time in recent years for law firms to hire lateral candidates, particularly experienced partners — though this necessitates an understanding of potential red flags, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.

  • Series

    After Chevron: Courts Will Still Defer To Feds On Nat'l Security

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    Agencies with trade responsibilities may be less affected by Chevron’s demise because of the special deference courts have shown when hearing international trade cases involving national security, foreign policy or the president’s constitutional authority to direct such matters, say attorneys at Venable.

  • What 7th Circ. Collective Actions Ruling Means For Employers

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    With the Seventh Circuit’s recent Fair Labor Standards Act ruling in Vanegas v. Signet Builders, a majority of federal appellate courts that have addressed the jurisdictional scope of employee collective actions now follow the U.S. Supreme Court's limiting precedent, bolstering an employer defense in circuits that have yet to weigh in, say attorneys at Jackson Lewis.

  • Considering Possible PR Risks Of Certain Legal Tactics

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    Disney and American Airlines recently abandoned certain litigation tactics in two lawsuits after fierce public backlash, illustrating why corporate counsel should consider the reputational implications of any legal strategy and partner with their communications teams to preempt public relations concerns, says Chris Gidez at G7 Reputation Advisory.

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