Appellate

  • March 25, 2025

    Medical Image Co. Gets Fed. Circ. To Back Ax Of Rival's IP

    A Federal Circuit ruling Tuesday affirmed administrative patent board holdings that wiped out claims in patents that cover a 3D photography system used in medical imaging and clinical trials.

  • March 25, 2025

    7th Circ. Says Wendy's Couldn't Foresee Or Prevent Shooting

    The Seventh Circuit on Tuesday affirmed a legal win for Wendy's in a suit brought by a customer who was shot in his car in the drive-thru lane, saying the unprovoked shooting was not foreseeable.

  • March 25, 2025

    11th Circ. Weighs Muldrow Ruling In ASU Gender Bias Case

    Alabama State University on Tuesday faced an Eleventh Circuit judge's question on whether its argument for reversing a gender discrimination win for the school's former softball coach holds up under the U.S. Supreme Court's Muldrow ruling for Title VII claims.

  • March 25, 2025

    Docs Sought By Paper Likely To End Up In Suit, Dallas Says

    The city of Dallas told a Texas appeals court Tuesday that making it turn over records on a federal housing discrimination investigation to The Dallas Morning News would disturb " the equal footing between governmental bodies and individuals" because the records at issue will likely end up in a lawsuit.

  • March 25, 2025

    Texas Panel Asks If Guadalupe Diversion Meshes With Law

    A Texas appeals panel questioned the state on Tuesday on why it didn't conduct site-specific assessments before issuing a permit to divert water from the Guadalupe River, saying that the Texas Water Code appeared to conflict with the state's process.

  • March 25, 2025

    9th Circ. OKs Jan. 20 Pause On New Refugee Admissions

    The Ninth Circuit granted in part Tuesday the Trump administration's emergency bid to stay a preliminary injunction barring President Donald Trump from suspending the U.S. refugee program, but clarified that refugees whose requests were processed prior to Trump's Jan. 20 order must be admitted.

  • March 25, 2025

    Dow, PPG Likely To Face Modesto's Contamination Claims

    A California appellate court tentatively ruled Tuesday that the city of Modesto's claims against Dow Chemical and PPG Industries related to perchloroethylene in the city's soil and water at a dry-cleaning site that used a solvent they manufactured weren't filed too late, saying the allegations were encompassed in the original 1998 complaint.

  • March 25, 2025

    Insurers Claim 4th Circ. Must Revisit Ruling For Aluminum Co.

    Insurers in a coverage cap dispute with an aluminum company have asked the Fourth Circuit to reconsider an opinion holding that an ambiguous policy provision must be construed in the company's favor, calling it contrary to South Carolina law.

  • March 25, 2025

    Fed. Circ. Upholds Meta's PTAB Win On Xerox Message Patent

    The Federal Circuit on Tuesday shot down Xerox Corp.'s bid to overturn a Patent Trial and Appeal Board decision that claims in its message distribution patent were invalid, handing a win to Meta in the tech giant's challenge to the patent.

  • March 25, 2025

    6th Circ. Won't Rethink Ruling On 'Captive Audience' Memo

    A Sixth Circuit panel on Tuesday said it wouldn't rethink its ruling that a Michigan construction trade group lacks standing to challenge the constitutionality of a memo from the National Labor Relations Board former general counsel regarding employers' anti-union meetings.

  • March 25, 2025

    Insurance Mogul Seeks To Overturn $122M Contempt Order

    A convicted billionaire embroiled in lawsuits over the demise of his insurance empire wants out of a nine-figure contempt order, telling the North Carolina Court of Appeals that neither he nor his company has the ability to pay more than $122 million to purge the contempt.

  • March 25, 2025

    Calif. Justices Reject Fees For Hyundai Drivers In Settled Case

    A California couple who settled a lemon law dispute with Hyundai Motor America during trial for less than what the carmaker had previously offered cannot recover their costs from Hyundai because they did not win a judgment and are not the prevailing party, the state supreme court ruled.

  • March 25, 2025

    Mich. Legislators Tell Justices They Can Sue Over Voting Laws

    Eleven Republican Michigan lawmakers have asked the U.S. Supreme Court to find they have standing to challenge the validity of ballot initiatives that expanded early voting and voter registration in Michigan and placed redistricting in the hands of a citizen commission.

  • March 25, 2025

    Drug Co. Wants Fed. Circ. To Undo Pfizer COVID Patent Win

    A Boston drug developer that lost its infringement case against Pfizer over the New York company's blockbuster Paxlovid COVID-19 treatment has told the Federal Circuit that a contentious issue regarding a typo in a patent document should have gone to a jury.

  • March 25, 2025

    Delaware Legislature Passes Divisive Corporate Law Rework

    Delaware lawmakers overwhelmingly approved and sent to the state's governor Tuesday legislation that eases restrictions on some conflicted corporate acts and limits some stockholder document inspection demands, after House members overwhelmingly shot down five amendments aimed at limiting the measure's reach.

  • March 25, 2025

    Split 10th Circ. Finds Arbitrator Went Too Far With USW Award

    A divided Tenth Circuit panel concluded Tuesday that an arbitrator went beyond his powers when finding salaried employees at an HF Sinclair facility in Wyoming must be part of a bargaining unit represented by the United Steelworkers, saying the issue was not brought to arbitration by either party.

  • March 25, 2025

    ND Justices Weigh Liberty Rights In Abortion Ban Challenge

    North Dakota's top court on Tuesday wrestled with whether a recently passed anti-abortion law violates personal liberty rights and questioned both sides about the meaning of exceptions to the ban written into the law.

  • March 25, 2025

    Justices Grapple With Circuit Courts' Clean Air Act Authority

    U.S. Supreme Court justices on Tuesday indicated they want to preserve circuit courts' jurisdiction over certain regional Clean Air Act disputes but recognized that Congress deliberately prioritized the D.C. Circuit's authority in many important areas of the law.

  • March 25, 2025

    'Biased' Arbitration At Stake As Flores, NFL Speak To 2nd Circ.

    A Second Circuit panel weighing former NFL coach Brian Flores' discrimination suit against the league acknowledged Tuesday that shipping the aggrieved coach's dispute to arbitration could pave a new course in corporate dispute settlement.

  • March 25, 2025

    Sam Smith Tune Gets Close Listen In 9th Circ. Copyright Fight

    A Ninth Circuit panel considered Tuesday whether to resurrect a copyright lawsuit over pop stars Sam Smith and Normani's 2019 hit "Dancing With a Stranger," with one appellate judge observing that the song's hook shares lyrics, pitches and rhythm with that of a 2015 track called "Dancing With Strangers."

  • March 25, 2025

    NC Justices Agree To Hear Traffic Stop Smell Test Appeal

    The North Carolina Supreme Court has agreed to take up an appeal of a man's conviction for possession of a firearm by a felon after he argued that the smell of cannabis and cologne are not sufficient to justify searching his vehicle at a traffic stop.

  • March 25, 2025

    San Diego Airport Authority Backs Alaska Air's DCA Flight Slot

    The San Diego County Regional Airport Authority is backing federal transportation regulators' decision to grant Alaska Airlines a slot exemption for long distance flights out of Ronald Reagan Washington National Airport, telling the D.C. Circuit that Alaska's direct flights to San Diego "would produce enormous savings, efficiency, and benefits to the public at large."

  • March 25, 2025

    NJ Casinos Urge 3rd Circ. Not To Revive Room-Pricing Suit

    Atlantic City casino-hotel owners have told the Third Circuit a lower court was right to toss a case accusing them of inflating room rates by using the same software to set prices because there's no problem with multiple businesses separately choosing to use the same service.

  • March 25, 2025

    Pro Tennis Player Asks 11th Circ. To Affirm $9M Abuse Ruling

    A professional tennis player who was awarded $9 million over claims of sexual abuse from her coach has asked the Eleventh Circuit to uphold the ruling, arguing that a Florida federal court properly found the training facility should have done more to protect her based on the evidence.

  • March 25, 2025

    2nd Circ. Backs Broad Reading Of ADA In Teacher's PTSD Suit

    The Second Circuit revived a teacher's suit Tuesday claiming her school district failed to accommodate her PTSD with afternoon work breaks, upending a lower court's finding that the district wasn't required to provide the breaks because she could perform her key duties without them.

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.

  • 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.

  • Opinion

    Justices Rightly Corrected Course In Nvidia And Facebook

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    By dismissing both the Nvidia and Facebook class actions, over investors' ability to hold corporations accountable for fraud, the U.S. Supreme Court was right in refusing to favor corporations over transparency, and reaffirmed its commitment to corporate accountability, investor protection and the rule of law, says Laura Posner at Cohen Milstein.

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