Appellate

  • January 07, 2025

    Trump Names Classified Docs Case Atty For White House Role

    Stanley Woodward Jr. of Brand Woodward Law LP is the latest attorney from Trump world to be tapped for a role for the incoming administration.

  • January 07, 2025

    Law Firm Sought To Collect Expired Debts, 3rd Circ. Told

    A New Jersey woman has urged the Third Circuit to revive her proposed class action against Garden State law firm Cohn Lifland Pearlman Herrmann & Knopf LLP over its debt collection practices, arguing a lower court was too loose with its standard for the timeliness of the two lawsuits involved.

  • January 07, 2025

    No New Money For More Colo. Judges, Chief Justice Told

    Colorado budget leaders told the state's chief justice Tuesday that her $13 million ask for more judges and staff next year was a nonstarter unless she proposed offsetting cuts, with one lawmaker saying the requested increase was "not going to happen" amid the state's $750 million shortfall.

  • January 07, 2025

    Fed. Circ. Rejects Software Co.'s Bid For $86M From Navy

    A Federal Circuit panel affirmed a decision holding that the U.S. Navy owes a software company just $154,000 for its infringing use of a 3-D virtual reality program, and not the nearly $86 million the company sought based on installations on more than 429,000 computers.

  • January 07, 2025

    DC Circ. OKs FERC's Approval For Indiana Pipeline

    A D.C. Circuit panel on Tuesday rejected a challenge to the Federal Energy Regulatory Commission's approval of a 24-mile pipeline serving two new natural gas turbines in Indiana, ruling that an advocacy group wrongly suggested FERC could "second-guess" state regulators' choice of energy generation.

  • January 07, 2025

    Osage Nation Asks Court To Confirm Reservation Boundaries

    The Osage Nation has urged an Oklahoma federal court to acknowledge its reservation's continued existence, arguing that a conclusion the Tenth Circuit reached 15 years ago saying the tribe's boundaries were disestablished was based entirely on extratextual factors.

  • January 07, 2025

    NC Justices Pause Certification Of Contested Top Court Race

    North Carolina's top court on Tuesday stopped the state Board of Elections from certifying the results of a hotly contested associate justice race, granting a temporary stay to the losing Republican candidate in the midst of his ballot challenge seeking to throw out scores of votes.

  • January 07, 2025

    No Problem With $217M Dam Repair Tax, Mich. Panel Says

    A Michigan appellate panel on Monday said a $217 million special assessment levied on property owners for dam repairs and lake level restoration after devastating 2020 floods was established through a legally sound process, ruling the owners were never entitled to have a pseudo-judicial review of the tax.

  • January 07, 2025

    Ga. Judge's Ethics Case Gets March Hearing Date

    A hearing has been set for March in the ethics case against a Georgia state judge accused of improperly allowing her personal friendship with an attorney to influence her role as a judge during a child custody case and of initiating and participating in ex parte communications.

  • January 07, 2025

    Landowner Gets Pot Farm Transport Easement Nixed

    A California state appeals court has vacated a conditional use permit that the County of Santa Barbara issued to a cannabis farm, finding that a nearby landowner can deny the use of an easement on its property to transport the federally illegal goods.

  • January 07, 2025

    Religious Schools Ask 1st Circ. To Gut 'Poison Pill' Law

    Two religious schools in Maine asked a First Circuit panel on Tuesday to strike down a "poison pill" passed by state lawmakers to blunt a U.S. Supreme Court decision affirming that the schools may participate in a government tuition program.

  • January 07, 2025

    4th Circ. Revives Christian Vax Refuser's Religious Bias Suit

    The Fourth Circuit reinstated Tuesday a lawsuit from a Christian nurse who claimed she was unlawfully fired for refusing to get vaccinated against COVID-19, ruling a trial court jumped the gun when it tossed her case.

  • January 07, 2025

    Wash. Panel Won't Boot Subway Wage Dispute To Arbitration

    A Washington state appeals court declined to send to arbitration a former worker's suit accusing a Subway franchisee of failing to provide employees with meal breaks, despite a dissent finding that the worker's wage claims fall under an arbitration pact.

  • January 07, 2025

    Judge Temporarily Blocks Trump Special Counsel Report

    A Florida federal judge on Tuesday temporarily blocked the publication of a report by special counsel Jack Smith regarding his two now-dismissed prosecutions of Donald Trump, after lawyers for the president-elect said Smith was trying to continue a political crusade now that he can no longer pursue criminal charges.

  • January 07, 2025

    Calif. Panel Says Individual PAGA Claims Belong In Arbitration

    An arbitration pact that the operator of a restaurant chain in California gave to a worker pushes his Private Attorneys General Act individual claims into arbitration, a state appeals panel ruled, partly flipping a trial court's decision.

  • January 07, 2025

    Trump Can't Halt Sentencing In NY Case, Appeals Judge Says

    A New York appellate judge Tuesday declined to freeze proceedings in Donald Trump's criminal hush money case, clearing the way for the president-elect to be sentenced as scheduled on Friday following his guilty verdict and just days before his inauguration.

  • January 06, 2025

    9th Circ. Urged To Extend Freeze On Calif. Social Media Law

    Tech trade group NetChoice is pressing the Ninth Circuit to stop California from beginning enforcement of a new social media addiction law on Feb. 1, arguing that the lower court "flouted" precedent when it refused to find that restricting minors' access to personalized feeds violates the First Amendment.

  • January 06, 2025

    High Court Asked To Take Whistleblower Medical Device Row

    A former Minerva Surgical Inc. sales representative who says he was mistreated after raising concerns about the safety of certain medical devices wants the U.S. Supreme Court to take up his challenge to an arbitration award given to his former employer in whistleblower proceedings.

  • January 06, 2025

    Clemson, FSU Agreed To 'Sue And Be Sued' In NC, ACC Says

    The Atlantic Coast Conference urged North Carolina's top court to allow its lawsuits over grant of rights contracts against Clemson and Florida State universities to stand, saying they can't be dismissed because the colleges agreed to "sue and be sued" as part of doing business in the Tar Heel State.

  • January 06, 2025

    'Golden Rule' Claim Doesn't Fly In $7M Med Mal Verdict Appeal

    A Pennsylvania appeals court affirmed a $7 million verdict in a suit accusing healthcare providers of failing to diagnose a man's rectal cancer, rejecting Monday the notion that the plaintiffs' counsel improperly invoked the "Golden Rule" by asking the jury to address a systemic failure.

  • January 06, 2025

    Artist Tells Justices To Protect His 'Stupid Banana'

    While a California artist acknowledged to the U.S. Supreme Court that his work of art was just "a stupid banana taped to a wall," he still thinks it deserves copyright protection after an appeals court ruled that it wasn't "strikingly similar" to a more famous banana taped to a wall that debuted at Art Basel Miami over a decade later.

  • January 06, 2025

    NJ Justices Ponder 'Compactness' In Voter Map Dispute

    The criteria for "compactness" was the focus of nearly four hours of argument Monday before the New Jersey Supreme Court regarding the question of whether new ward maps in the state's second-largest city were configured in violation of voters' civil rights.

  • January 06, 2025

    Fed. Circ. Revives DEA Agent's Challenge To Promotion Denial

    The Merit Systems Protection Board must reevaluate a former U.S. Drug Enforcement Administration agent's case alleging a promotion was unlawfully delayed because he took time off for military service, the Federal Circuit said Monday, ruling an administrative judge used the wrong standard to evaluate his claim.

  • January 06, 2025

    5th Circ. Iffy On Humana, Blue Cross Allergy Meds Denials

    A Fifth Circuit panel seemed poised Monday to side with an allergy services provider accusing insurance giants Blue Cross Blue Shield and Humana of colluding to deny claims and drive the company out of the market.

  • January 06, 2025

    Pa. Licensing Law For Vape-Makers Flawed, Panel Finds

    Part of Pennsylvania's law regulating licenses for e-cigarette manufacturers is unconstitutional because it gives legislative power to the state's Department of Revenue, an appellate court has ruled in an issue of first impression.

Expert Analysis

  • 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.

  • The Justices' Securities Rulings, Dismissals That Defined '24

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    The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.

  • 10 Noteworthy CFPB Developments From 2024

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    In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

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    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

  • 2024 Has Been A Momentous Year For ESG

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    Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.

  • Making The Pitch To Grow Your Company's Legal Team

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    In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

  • Justices May Find Gov't Can Keep Fraudulent Transfer Benefit

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    Based on the justices' questions at the recently argued U.S. v. Miller, the Supreme Court appears prepared to hold that the U.S. — unlike any other creditor — is permitted to retain the benefits of a fraudulent transfer to the detriment of other bankruptcy creditors, says Kevin Morse at Clark Hill.

  • Why Letters Of Protection Are Discoverable In Texas PI Suits

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    Recent Texas Supreme Court opinions and key provisions of the Texas Rules of Civil Procedure make letters of protection, in which plaintiff attorneys promise payment to healthcare providers based on jury awards, discoverable — good news for defendants fighting exorbitant damage claims in personal injury cases, says Nathan Vrazel at Munsch Hardt.

  • 4 Trade Secret Pointers From 2024's Key IP Law Developments

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    Four significant 2024 developments in trade secret law yield practical tips about defending trade secrets overseas, proving unjust enrichment claims, forcing compliance with posttrial orders and using restrictive covenants to prevent employee leaks of confidential intellectual property, say attorneys at Faegre Drinker.

  • Data Privacy Landscape After Mass. Justices' Wiretap Ruling

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    In Vita v. New England Baptist Hospital, Massachusetts’ highest court recently ruled that the state’s wiretap law doesn’t prohibit all tracking of website user activity, but major financial and reputational risks remain for businesses that aren't transparent about customer’s web data, says Seth Berman at Nutter.

  • Ledbetter's Legacy Shines In 2024 Equal Pay Law Updates

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    The federal Lilly Ledbetter Fair Pay Act turned 15 this year, and its namesake's legacy is likely to endure in 2025 and beyond, as demonstrated by 2024's state- and local-level progress on pay equity, as well as several rulings from federal appellate courts, say attorneys at Fisher Phillips.

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