Appellate

  • July 22, 2025

    Ohio Justices Accept AG's Bid To Limit Care For Trans Youths

    The Ohio Supreme Court on Tuesday agreed to review an appeals court's finding that portions of a state law restricting gender-affirming care for transgender youths are unconstitutional. 

  • July 22, 2025

    8th Circ. Won't Let Union Derail Order To Arbitrate BNSF Battle

    An arbitration panel must review a Teamsters unit's claims that BNSF Railway Co. illegally subcontracted maintenance-of-way work that could go to union members, the Eighth Circuit ruled, concluding the court lacks jurisdiction because the dispute involves interpreting collective bargaining agreements.

  • July 22, 2025

    Judge OK To Make Own ID Of Bank Robber, 9th Circ. Rules

    A San Diego bank robber did not have his right to a fair trial violated when the judge trying his case used her own judgment to identify him as the person shown committing the crimes in surveillance video, the Ninth Circuit ruled Tuesday.

  • July 22, 2025

    4th Circ. Backs Medicaid Fraud Conviction, 17-Year Sentence

    A North Carolina lab owner lost his bid Tuesday to overturn his healthcare fraud conviction after the Fourth Circuit found evidence against him to be sufficient and the terms of his sentence reasonable.

  • July 22, 2025

    NC Hospital Says Dropped Malpractice Claim Dooms 2004 Suit

    A North Carolina hospital is asking state appellate judges to determine whether a hospital can face claims of negligently credentialing a doctor if the plaintiffs have dropped the underlying medical malpractice allegation against the physician.

  • July 22, 2025

    Judge Won't Stay Highland Ch. 11 Over Charity Fraud Probe

    A Texas bankruptcy judge has refused to stay the Chapter 11 case of Highland Capital LP in whole or in part, denying a pair of requests from the state of Texas and from a trust affiliated with ex-CEO James Dondero after finding the reason for their requests irrelevant to the case.

  • July 22, 2025

    4th Circ. Lets End Of Afghan Protected Status Move Forward

    The Fourth Circuit has lifted an administrative stay blocking the Trump administration's attempt to end Temporary Protected Status for Afghans and Cameroonians, allowing those efforts to move forward while the litigation proceeds.

  • July 22, 2025

    IP Notebook: Cox Piracy Appeal, Ugliest House, Keyword Feud

    The U.S. Supreme Court's decision to review Cox Communications Inc.'s appeal regarding the liability of internet service providers for their customers' music piracy has prompted defendants to request stays in separate intellectual property litigation until the question is resolved, but plaintiffs say that's no reason for delays.

  • July 22, 2025

    Mich. Court Changes Course To Uphold Terrorist Threat Law

    A Michigan law that criminalizes terrorism threats is constitutional, a state appellate panel has ruled, marking a reversal months after the law was struck down in a case involving a social media message threatening a school shooting.

  • July 22, 2025

    9th Circ. Rejects Gun Club's Bid For Permitting Cost Coverage

    An insurer for a Washington shooting club had no duty to cover roughly $400,000 in costs to secure proper site development permits after county officials won a public nuisance lawsuit against the club, the Ninth Circuit ruled, finding the club can't be covered for its deliberate actions.

  • July 22, 2025

    1st Circ. Nixes $15.5M Haitian Torture Judgment, Narrows Law

    The First Circuit has tossed a $15.5 million judgment awarded to the victims and survivors of political violence allegedly orchestrated by a former Haitian mayor, and narrowed the legal options for foreign nationals seeking damages for acts that occurred outside the United States.

  • July 22, 2025

    Ethics Appeal Over Columbia Letter Nixed As Judge Joins USDA

    In its first decision of 2025, the Judicial Conference's conduct committee on Tuesday dismissed a challenge to the Seventh Circuit Judicial Council's decision to toss ethics claims against a U.S. Court of International Trade judge who threatened not to hire law clerks from Columbia University over the school's handling of Israel protests.

  • July 22, 2025

    4th Circ. Affirms $190M Trademark Verdict Against Vivint

    Smart home software company Vivint on Tuesday lost its appeal seeking to overturn a nearly $190 million verdict in which a North Carolina jury found it liable for deceiving customers of a rival local security company, with the Fourth Circuit finding there was enough evidence to support the award.

  • July 22, 2025

    Transportation Cases To Watch: Midyear Report 2025

    Litigation concerning whether local delivery drivers qualify as transportation workers exempt from arbitration and clashes over the scope of federal preemption in personal injury cases involving freight brokers and motor carriers are among the court battles that transportation attorneys are watching in the latter half of 2025.

  • July 22, 2025

    Missouri Solicitor General, State Judge Secure Federal Seats

    The Senate confirmed two nominees on Tuesday to serve on Missouri federal courts.

  • July 21, 2025

    Revived Effort To Break Up 9th Circ. Makes Its Way To Senate

    Idaho Republicans have reintroduced a U.S. Senate bill that looks to split up the Ninth Circuit and create a new Twelfth Circuit, according to an announcement made Monday, roughly nearly seven months after a similar bill was introduced in the House.

  • July 21, 2025

    Trump Asks DC Circ. To Block FTC Dem's Reinstatement

    The Trump administration on Monday asked the D.C. Circuit to pause a Thursday order restoring a fired Federal Trade Commission Democrat's job, arguing that the ruling defies recent U.S. Supreme Court orders staying similar reinstatements at other independent agencies.

  • July 21, 2025

    Insurer Can't Get New Trial After $1.75M Loss, 11th Circ. Says

    The Eleventh Circuit on Monday upheld a $1.75 million verdict a Georgia church won against its insurance company in a storm damage coverage dispute, ruling that the insurer largely abandoned its defenses against the judgment before the case ever landed in front of the appellate panel.

  • July 21, 2025

    Novartis Can't Block Generic Entresto Amid TM Feud Appeal

    The Third Circuit said no way to Novartis AG's attempt to block a competitor from selling a generic version of a heart failure drug while the pair duke it out in federal court over Novartis' allegations that an Indian drugmaker is infringing its trademarks.

  • July 21, 2025

    2nd Circ. Reopens Etan Patz Murder Case Over Trial Error

    The Second Circuit on Monday reversed the conviction of a man charged in the notorious 1979 killing of six-year-old Etan Patz, saying a key jury instruction about a supposed confession was "dramatically" inaccurate and "manifestly prejudicial."

  • July 21, 2025

    The Biggest Telecom Developments Of 2025: Midyear Report

    It's been a headline-grabbing year in communications law so far, with the U.S. Supreme Court handing down a major win for federal programs that help pay for broadband deployment and a new Republican chief at the nation's telecom agency ushering in a rule-slashing agenda.

  • July 21, 2025

    DC Circ. Urged To Leave FERC Project Approvals Alone

    Grid operator Southwest Power Pool Inc. urged the D.C. Circuit to deny utility petitions challenging the Federal Energy Regulatory Commission's approval of four transmission projects developed by Kansas-based Sunflower Electric Power Corp.

  • July 21, 2025

    Feds Tell 3rd Circ. Gun Rights Not Automatic After Crime

    The Third Circuit heard oral arguments Monday over whether the Second Amendment gives a man convicted of driving under the influence of alcohol the automatic right to own weapons after serving his time.

  • July 21, 2025

    Copyright And TM Cases To Watch In The Second Half Of 2025

    The U.S. Supreme Court will evaluate contributory liability in a $1 billion copyright case involving internet service providers, and the Federal Circuit will assess the latest attempted trademark registration testing the U.S. Patent and Trademark Office's comfort with profanity. Here are the copyright and trademark cases to watch for the rest of the year.

  • July 21, 2025

    Enterprise Need Only Check License, Conn. Panel Rules

    Enterprise Rent-A-Car can not be held liable for renting a vehicle to a man who became intoxicated and struck a jogger and his dog later that day, a Connecticut appeals court ruled, saying the company was only required to inspect the driver's physical license and not to find out if the state had limited him to vehicles equipped with car breathalyzers.

Expert Analysis

  • In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable

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    The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.

  • Foreign Sovereign Entities Should Heed 9th Circ. IP Ruling

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    After the Ninth Circuit recently held that four Chinese state-controlled companies were not immune from criminal indictment for alleged economic espionage, foreign sovereign-controlled entities should assess whether their operations and affiliation with their parent states qualify for sovereign immunity under the common law, say attorneys at Cleary.

  • How Attorneys Can Become Change Agents For Racial Equity

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    As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.

  • Opinion

    9th Circ. Shopify Decision Gets Personal Jurisdiction Wrong

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    The Ninth Circuit's recent opinion in Briskin v. Shopify, rejecting the differential targeting requirement for personal jurisdiction, not only deviates from long-standing jurisprudence, but it also significantly expands the reach of internet-based claims under California law, says Matthew Pearson at Womble Bond.

  • Seven County Ruling Should Trim Agency Enviro Analysis

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    The U.S. Supreme Court's ruling in Seven County Infrastructure Coalition v. Eagle County provides needed clarity for infrastructure projects by expressly directing agencies to narrow environmental reviews, and reducing the threat of litigation if even tangential issues are not exhaustively evaluated, say attorneys at Dentons.

  • Series

    Running Marathons Makes Me A Better Lawyer

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    After almost five years of running marathons, I’ve learned that both the race itself and the training process sharpen skills that directly translate to the practice of law, including discipline, dedication, endurance, problem-solving and mental toughness, says Lauren Meadows at Swift Currie.

  • High Court Ruling Bucks Trend Of Narrowing Fraud Theories

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    The U.S. Supreme Court’s recent Kousisis v. U.S. decision, holding that economic loss is not required to establish prosecutors’ fraudulent inducement theory of fraud, is at odds with its decadeslong narrowing of federal fraud statutes’ reach, and may lead to convictions for a wide variety of contractual misrepresentations, say attorneys at Keker Van Nest.

  • High Court Order On Board Firings Is Cold Comfort For Fed

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    The U.S. Supreme Court’s recent Trump v. Wilcox order, upholding the firings of two independent agency board members during appeal, raises concerns about the future of removal protections for Federal Reserve System members, and thus the broader politicization of U.S. monetary policy, say attorneys at Squire Patton.

  • Series

    Law School's Missed Lessons: Supporting A Trial Team

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    While students often practice as lead trial attorneys in law school, such an opportunity likely won’t arise until a few years into practice, so junior associates should focus on honing skills that are essential to supporting a trial team, including organization, adaptability and humility, says Lucy Zelina at Tucker Ellis.

  • Google Damages Ruling May Spur Income Approach Usage

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    The Federal Circuit's recent decision in EcoFactor v. Google may affect the extent to which damages experts apply the market approach in patent infringement matters, and income approach techniques may assume greater importance, says Erin Crockett at Charles River Associates.

  • Opinion

    Address Nationwide Injunction Issues With Random Venues

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    Many of the qualms about individual district court judges' authority to issue nationwide injunctions could be solved with a simple legislative solution: handling multiple complaints about the same agency action filed in different district courts by assigning a venue via random selection, says Harvey Reiter at Stinson.

  • Series

    Adapting To Private Practice: From US Attorney To BigLaw

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    When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.

  • 11th Circ. Ruling Warns Parties To Follow Arbitral Rules

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    The Eleventh Circuit's recent decision in Merritt Island Woodwerx v. Space Coast is important for companies utilizing arbitration clauses because it clearly demonstrates the court's intent to hold noncompliant parties responsible in federal court — regardless of subsequent efforts to cure, says Ed Mullins at Reed Smith.

  • 2nd Circ. Limits VPPA Liability, But Caveats Remain

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    The Second Circuit's narrowed scope of the Video Privacy Protection Act in Solomon v. Flipps Media, in which the court adopted the ordinary person standard, will help shield businesses from VPPA liability, but the decision hardly provides a free pass to streamers and digital media companies utilizing website pixels, say attorneys at Frankfurt Kurnit.

  • The Ins And Outs Of Consensual Judicial References

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    As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.

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