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Appellate
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February 28, 2025
5 Argument Sessions Benefits Attys Should Watch In March
The Ninth Circuit will mull Express Scripts and OptumRx's bid to force a public nuisance suit brought by the state of California into federal court, and the Second Circuit will hear from pensioners who say that IBM's use of outdated mortality tables shrank their benefits payouts. Here, Law360 looks at these and other appellate arguments happening in March that should be on benefits lawyers' radar.
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February 28, 2025
Up Next At High Court: Gun Violence Liability & Nuclear Waste
The U.S. Supreme Court will return to the bench Monday to consider Mexico's attempt to hold gun manufacturers and distributors liable for cartel-related gun violence and a nuclear waste site dispute that could determine who can challenge future agency actions.
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February 28, 2025
2nd Circ. Revives Electrical Worker's Union Pension Fight
An electrical worker can try again to argue that two trustees of his union pension fund violated the Employee Retirement Income Security Act by paying themselves over $1 million in compensation from the fund's assets, with the Second Circuit ruling Friday that the worker has standing to sue.
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February 28, 2025
9th Circ. Says Risk Justified Firing Vax-Refusing Actor
A split Ninth Circuit panel declined Friday to revive an actor's suit claiming she was illegally removed from a Starz Network show because she rejected its COVID-19 vaccine mandate on religious grounds, ruling her immunization status posed too much of a risk to the production.
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February 28, 2025
Presidents v. Courts: Lincoln, Trump & Judicial Power Limits
Amid fears of President Donald Trump disobeying judges with impunity, debate has focused on famous instances of officials defying the U.S. Supreme Court. But some of the clearest insights into America's handling of White House disregard for courts exist in relatively obscure cases from the Civil War era, when unprecedented presidential actions provoked extraordinary responses from the judiciary — and underscored the limits of its powers.
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February 28, 2025
NJ Out-Of-State Wine Sale Limits Are Justified, 3rd. Circ. Says
The Third Circuit on Friday upheld a New Jersey law barring out-of-state sellers to directly ship wine to in-state consumers, saying that to grant a New York retailer's challenge would "shake the foundations" of New Jersey's three-tiered system for regulating alcohol.
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February 28, 2025
9th Circ. Backs Developer's Conviction For Bribing LA Pol
The Ninth Circuit upheld a developer's conviction for bribing former Los Angeles City Councilor Jose Huizar to foil a challenge to a downtown project, ruling Thursday the district court didn't have to instruct jurors that the government had to prove the developer bribed Huizar to take a specific, official act.
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February 28, 2025
Wash. Judge Picks Apart Parents' Hospital Data Privacy Suit
A Washington appellate judge on Friday grilled parents seeking to revive their proposed privacy class action against a Seattle hospital, expressing frustration with their argument that state wiretapping law could apply to an individual's queries to a public-facing website.
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February 28, 2025
Mich. Justices Reject Credit Suisse's NOL Carryforward Bid
The Michigan Supreme Court on Friday denied Credit Suisse's bid to appeal a lower court's decision that barred the bank from straying from the federal method of determining taxable income to carry forward $21.3 million in losses on its state returns.
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February 28, 2025
Ex-UBS Financial Adviser Must Pay $2M Back, 11th Circ. Told
UBS urged the Eleventh Circuit on Friday to undo rulings in a bankruptcy adversary case precluding a former financial adviser from paying back the proceeds of a $2 million loan deposited in a joint account with his wife, saying the funds shouldn't be immune to creditors.
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February 28, 2025
Dartmouth Wants Fed. Circ. To Ax Fees After Vitamin IP Loss
Dartmouth College is appealing a Delaware federal court's $9.1 million fee award after losing a fight over milk vitamins patented by a biochemist at the school, telling the Federal Circuit that there is no reason it should have presumed that the patents it asserted were "worthless."
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February 28, 2025
Justices Asked To Review IRS Crypto Doc Seizure Case
A cryptocurrency investor who lost his challenge to the Internal Revenue Service's seizure of his account records has asked the U.S. Supreme Court for review, saying the 1976 legal doctrine that sank his case is outdated and fails to meet digital realities, including decentralized banking.
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February 28, 2025
Litigant Funding Co. Has No Claim To NFL Concussion Deal
A special master overseeing the NFL's concussion settlement fund told a Pennsylvania federal court in a filing made public Friday that a company that funds litigants' healthcare expenses was correctly denied money from the fund because the rights assigned to it by former players' doctors counted as "prohibited assignments," not the liens the company claimed they were.
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February 28, 2025
Minn. Justices Send Golf Course Dispute Back To Tax Court
The Minnesota Supreme Court booted a county's property tax fight with the former owner of a golf course back to the state's tax court, saying the lower court's decision to keep the case alive was not a final order subject to review by the justices.
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February 28, 2025
Russia's $34M Award Suit Appeal Must Be Nixed, Cos. Say
Ukrainian gas companies that won a $34 million arbitral award against Russia urged the D.C. Circuit on Thursday to summarily affirm a ruling rejecting the country's sovereign immunity defense, saying Moscow is just trying to prolong the proceeding with overtly unmeritorious claims.
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February 28, 2025
Feds Say Tribes Can't Block New Oregon Casino
The federal government and an Oregon Native American tribe are pushing back on a bid from three other tribes to block the operation of a new casino in Oregon, telling the D.C. Circuit that the tribes filed their emergency motion improperly and are likely to lose on the merits of their case.
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February 28, 2025
FERC Says PJM Watchdog Can't Fight Meeting Roadblock
The Federal Energy Regulatory Commission on Friday told the D.C. Circuit that PJM Interconnection's electricity market watchdog isn't harmed by being prevented from attending certain meetings held by the regional grid operator and urged the appeals court to dismiss a lawsuit challenging the decision.
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February 28, 2025
7th Circ. Says It's Too Early To Mull Fired ISU Coach's Suit
A Seventh Circuit panel says it lacks the jurisdiction to consider if a lower court rightly denied dismissal of a lawsuit brought by an ex-Illinois State University football coach who claims he was unlawfully fired for posting an "All Lives Matter" sign on his office door, because the district judge postponed a decision on the school officials' qualified immunity argument.
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February 28, 2025
La. Regulators Ask Justices To Review Tesla Sales Ban Case
Louisiana regulators have asked the U.S. Supreme Court to review Tesla's case over the state's ban on direct sales by automakers, saying the presence of car dealership owners on a regulatory board does not violate the electric-car company's due process rights.
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February 28, 2025
Cheyenne Sioux Tribe Says US Must Pay For Building Repairs
A Wyoming tribe is asking the Federal Circuit Court of Appeals to overturn an order that determined the federal government is not responsible for paying for a deteriorating building on its reservation, arguing that the contract over the structure is rooted in a treaty-based, nation-to-nation relationship.
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February 28, 2025
4th Circ. Won't Undo National Block Of Trump Birthright Order
A split Fourth Circuit panel on Friday rejected the federal government's effort to tailor an injunction blocking the enforcement of President Donald Trump's executive order limiting birthright citizenship, saying the district court did not abuse its discretion in issuing a universal injunction.
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February 28, 2025
NC Judge's Ballot Battle Will Sideline Voters, Court Told
A North Carolina Supreme Court candidate's continuing bid to throw out more than 60,000 ballots threatens to sideline thousands of legitimate voters, state election officials and his campaign rival told an appeals court on the same day they got an outpouring of amicus support.
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February 28, 2025
Michigan Justices Spurn Live Nation Campers' Death Case
Concert promoter Live Nation cemented its escape from allegations that lax oversight of a music festival campground led to three festival attendees dying of carbon monoxide poisoning, as Michigan's highest court rejected the families' appeal Friday.
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February 28, 2025
DA Eyes Type Of Weinstein Evidence That Sank 1st Verdict
Manhattan prosecutors preparing to retry Harvey Weinstein want a jury to hear about alleged sexual assaults by the jailed Hollywood mogul that are not part of his indictment — the same kind of testimony that doomed his original conviction on appeal.
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February 28, 2025
11th Circ. Asked To Revive Defect Claims In Tesla Crash Suit
The father of a teenager killed in a Tesla crash asked the Eleventh Circuit on Friday to revive his battery defect claims against the electric car maker, arguing that the lower court should have allowed them to go to a jury.
Expert Analysis
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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.
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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.
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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.
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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.
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The 6 Most Significant FCRA Litigation Developments Of 2024
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.
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Fed. Circ. In December: A Patent Prosecution History Lesson
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.
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An Associate's Guide To Career Development In 2025
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.
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The Securities Litigation Trends That Will Matter Most In 2025
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.
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What To Watch For In The 2025 Benefits Landscape
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.
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Reviewing 2024's Crucial Patent Law Developments
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.
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Contract Disputes Recap: Adjustments, Preclusion, Waivers
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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The Justices' Securities Rulings, Dismissals That Defined '24
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.
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10 Noteworthy CFPB Developments From 2024
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.
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Series
Fixing Up Cars Makes Me A Better Lawyer
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.
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2024 Has Been A Momentous Year For ESG
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.