Appellate

  • October 02, 2025

    Citing Injunction Ruling, Judge Grants Class Cert. In TPS Suit

    A California federal judge on Thursday certified three nationwide classes of immigrants from Honduras, Nicaragua and Nepal who claimed in litigation that Homeland Security Secretary Kristi Noem unlawfully terminated their temporary protected status designations, citing the U.S. Supreme Court's decision limiting lower courts' use of nationwide injunctions.

  • October 02, 2025

    Full 5th Circ. To Rehear Bid To Void DOT Airline Fees Rule

    The full Fifth Circuit Thursday vacated a panel's January ruling that allowed for the redo of a Biden-era rule requiring airlines to more clearly disclose add-on fees upfront and agreed to consider a request from airlines that the rule itself be wiped off the books entirely.

  • October 02, 2025

    Ohio High Court Says Death Row Clemency Not Reviewable

    A man convicted of murdering two people who had his death sentence commuted by the governor of Ohio to life in prison without parole can't have that sentence thrown out even though it was unavailable when he committed his crimes, the Ohio Supreme Court said Thursday, holding that courts have no say over the governor's clemency power.

  • October 02, 2025

    9th Circ. Rebuffs Flagstar's Escrow Interest Preemption Bid

    The Ninth Circuit said Thursday that Flagstar Bank still owes a class of mortgage borrowers more than $9 million for unpaid escrow interest under a California law, ruling that a recent U.S. Supreme Court preemption case didn't upset circuit precedent on the issue.

  • October 02, 2025

    NC Court Rejects McGuireWoods' Immunity In Defamation Suit

    A North Carolina appellate court dismissed an interlocutory appeal by McGuireWoods and a former partner in a defamation case over statements about an investigation into the onetime CEO of a managed care organization during a press conference, reiterating its opinion that the statements were "too far afield" to be considered part of a judicial proceeding.

  • October 02, 2025

    Peach State Panel Tosses $500K Verdict In Peach Picking Spat

    The Georgia Court of Appeals on Wednesday ordered a new trial in a case where a jury awarded $500,000 worth of punitive damages to a peach grower who said his crop was ruined by another farmer, ruling that inadmissible evidence about their settlement talks was "likely significant" in securing the verdict.

  • October 02, 2025

    8th Circ. Won't Rehear Worker's Wrongful THC Firing Case

    The Eighth Circuit on Wednesday declined to review its decision affirming a win for Peco Foods Inc. against a worker who claims he was wrongfully fired after testing positive for THC, keeping in place a panel ruling that Arkansas' at-will employment doctrine allowed for the termination.

  • October 02, 2025

    9th Circ. Says DOL Benefits Board Must Redo Atty Fees

    The Ninth Circuit Thursday vacated a U.S. Department of Labor Benefits Review Board decision awarding a National Steel and Shipbuilding Co. worker $145,500 in fees and costs because his injury claims were still disputed when he settled, with a dissent saying apportioning the success of the settlement is impractical.

  • October 02, 2025

    University Asks Court To Shield Religious Hiring Practices

    A private Christian university has urged a Seattle federal judge to find that a Washington antidiscrimination law infringes on its First Amendment rights to only hire job candidates who share its religious views, pursuing a pretrial win in its case against the state attorney general's office.  

  • October 02, 2025

    Fla. Appeals Court Seeks Higher Guidance On Pot Smells

    A man searched by police officers due to a marijuana odor emanating from a car he was sitting in cannot have the fact that drugs were found in his sock be suppressed, a Florida state appeals court affirmed while asking the state's highest court to clarify whether police could search him today under such circumstances.

  • October 02, 2025

    Mich. Panel Says Probationer's Text Barrage Wasn't Stalking

    A Michigan appeals panel has ordered the acquittal of a man who was convicted of stalking for incessantly texting his probation officer's work cell phone at all hours of the day and night about probation-related matters, saying "rambling" messages are not a crime.

  • October 02, 2025

    7th Circ. Bucks SEC Request To Pause Cboe Case

    The Seventh Circuit has rejected a bid by the U.S. Securities and Exchange Commission and Cboe Exchange Inc. to postpone upcoming oral arguments in a case challenging the SEC's ability to regulate certain Cboe software, telling the parties the arguments will go forward as planned while they discuss a possible deal to end the suit. 

  • October 02, 2025

    Alito Pauses 5th Circ. Order On Child's Return To Venezuela

    The U.S. Supreme Court on Thursday temporarily paused a split Fifth Circuit decision that said a Texas asylum seeker's 7-year-old daughter can be returned to Venezuela, which was set to take effect Friday.

  • October 02, 2025

    11th Circ. Vacates $17M Award In Venezuelan Artifacts Case

    The Eleventh Circuit on Wednesday vacated a $17 million award for a man who sued Venezuela for taking his collection of Simón Bolívar artifacts, ruling that a motion for default judgment should have been entered against the country when it failed to appear at a bench trial.

  • October 02, 2025

    No Pay Owed To Flooring Co.'s Fired CEO, 11th Circ. Says

    The Eleventh Circuit won't revive a suit from the former CEO of flooring manufacturer Interface Inc. claiming he was bilked out of a severance package after allegedly going on a drunken tirade at a company function, ruling Thursday that the executive's appeal impermissibly tried to advance a new reading of his contract.

  • October 02, 2025

    2nd Circ. Says Co. Can't Stop NY Property Sale In SEC Suit

    The Second Circuit tossed a company's appeals Thursday over a Sag Harbor, New York, property linked to the U.S. Securities and Exchange Commission's $26 million investment fraud suit against an alternative investment principal.

  • October 02, 2025

    Apple IP Suit Stayed As Appeal In Samsung Case Plays Out

    A California federal judge on Thursday stayed litigation claiming certain Apple touchscreen products infringe a Michigan company's patent, while the same company appeals a separate case against Samsung, but the judge tipped his hand by saying the Samsung judge's opinion tossing that dispute "made perfect sense to me."

  • October 02, 2025

    Fed. Circ. Affirms Cutting $10M Med Device IP Verdict To $1

    The Federal Circuit on Thursday said a lower court had properly reduced to $1 what had been a $10 million patent infringement verdict against Intuitive Surgical Inc., saying any amount between the two figures "would require improper guesswork," given the lack of evidence on damages.

  • October 02, 2025

    McDonald's Operator Pushes To Unravel Class In Break Suit

    A Colorado trial court failed to consider evidence showing that the operator of several McDonald's locations in Aurora, Colorado, did not violate the state's rest break laws, the entity told the state Supreme Court, urging the justices to undo the class.

  • October 02, 2025

    Ill. Panel Backs Whistleblower's $3.5M Retaliation Verdict

    An Illinois appellate panel on Wednesday affirmed a $3.5 million verdict for a man who claimed he was unlawfully fired from a southern Illinois hospital system for reporting Medicare and Medicaid fraud and abuse, saying jurors saw evidence he and others faced retaliation when they "called attention to what they believed to be unlawful conduct." 

  • October 02, 2025

    Honeywell, Rival End 4th Circ. Barcode Royalty Clash

    A Japanese laser technology company and rival Honeywell International Inc. together concluded one chapter in a long-running patent and royalty battle over barcodes, just weeks before the case was slated for oral arguments at the Fourth Circuit.

  • October 02, 2025

    Ill. Panel Rejects Challenge To Abortion Coverage Mandate

    Illinois' mandate that health policies issued in the state cover abortion care does not violate an Illinois religious freedom law, a state appeals court ruled, rejecting a Baptist organization's claims that the mandate "substantially burdened" its religious beliefs per the Illinois Religious Freedom Restoration Act.

  • October 02, 2025

    Justices To Hear Clash Over State Med Mal Laws In Fed. Court

    The U.S. Supreme Court is scheduled to hear oral arguments Monday on whether a Delaware medical malpractice statute can be applied in federal court, in a case that is expected to offer legal guidelines for similar laws in 28 other states.

  • October 02, 2025

    Ex-Firm Can't Revive Malicious Prosecution Suit In 11th Circ.

    The Eleventh Circuit has refused to overturn lower court rulings nixing a malicious prosecution lawsuit brought by a now-defunct law firm against a surgical center, as well as a sanctions ruling against the firm's counsel.

  • October 02, 2025

    Wis. E-Cig Law Treads On FDA's Turf, Vape Cos. Tell 7th Circ.

    A group of vaping interests is urging the Seventh Circuit to issue an order blocking enforcement of a new Wisconsin law prohibiting the sale of e-cigarettes not approved by federal regulators, saying the district court was wrong in finding that the law is not preempted by the Food, Drug, and Cosmetic Act.

Expert Analysis

  • High Court Right-To-Counsel Case Could Have Seismic Impact

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    The U.S. Supreme Court will hear arguments next week in Villarreal v. Texas about whether prohibiting testimony discussions between defendants and their counsel during an overnight recess violates the Sixth Amendment, and the eventual decision could impose a barrier in the attorney-client relationship, say attorneys at Arnold & Porter.

  • Gauging SEC Short-Sale Rules' Future After 5th Circ. Remand

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    Though the Fifth Circuit recently remanded to the U.S. Securities and Exchange Commission two Biden-era rules requiring disclosure of securities lending and short-sale activity in order to consider the rules' cumulative economic impact, it's possible they will get reproposed, meaning compliance timelines could change, says Scott Budlong at Barnes & Thornburg.

  • High Court Firearm Case Tests Limits Of Double Jeopardy

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    The U.S. Supreme Court will hear arguments next week on the double jeopardy implications of overlapping federal gun statutes in Barrett v. U.S., and its ultimate decision could either erode a key shield in defense practitioners’ arsenals or provide strong constitutional grounds to challenge duplicative charges, says Sharon Appelbaum at Appelbaum Law.

  • Series

    Judging Figure Skating Makes Me A Better Lawyer

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    Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.

  • Female Athletes' NIL Deal Challenge Could Be Game Changer

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    A challenge by eight female athletes to the NCAA’s $2.8 billion name, image and likeness settlement shows that women in sports are still fighting for their share — not just of money, but of respect, resources and representation, says Madilynne Lee at Anderson Kill.

  • 9th Circ. Ruling May Help Pharma Cos. Avert Investor Claims

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    The Ninth Circuit's recent decision affirming the dismissal of a securities fraud class action alleging that Talphera deceived investors by marketing a drug with a misleading slogan should give plaintiffs pause before filing similar complaints where snappy slogans are accompanied by copious clarifying information, say attorneys at Simpson Thacher.

  • What Ethics Rules Say On Atty Discipline For Online Speech

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    Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.

  • What's At Stake In High Court's Ill. Ballot Deadline Case

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    In Bost v. Illinois State Board of Elections, the U.S. Supreme Court will hear arguments next week on whether and when candidates for office have standing to bring prospective challenges to election laws, raising broader issues about the proper timing of federal court election litigation, say Richard Pildes and Samuel Ozer-Staton at NYU School of Law.

  • How Okla. High Court Ruling Will Alter Workers' Comp. Cases

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    The Oklahoma Supreme Court's recent decision in OBI Holding Company v. Schultz-Butzbach confirms that workers' compensation claims should move through the system without needless delay, which means attorneys on both sides will need to adjust how they handle such claims, says Steven Hanna at Gilson Daub.

  • Kimmel 2nd Circ. Victory Holds Novel Copyright Lessons

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    The Second Circuit's recent decision in Santos v. Kimmel, dismissing a copyright infringement claim against Kimmel for airing Cameo videos recorded by former U.S. Rep George Santos, examines the unusual situation of copyrighted works created at the request of the alleged infringer, say attorneys at Venable.

  • 2 Rulings Highlight IRS' Uncertain Civil Fraud Penalty Powers

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    Conflicting decisions from the U.S. Tax Court and the Northern District of Texas that hinge on whether the IRS can administratively assert civil fraud penalties since the U.S. Supreme Court’s 2024 decision in SEC v. Jarkesy provide both opportunities and potential pitfalls for taxpayers, says Michael Landman at Bird Marella.

  • Junior Attys Must Beware Of 5 Common Legal Brief Mistakes

    Excerpt from Practical Guidance
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    Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.

  • Contract Disputes Recap: Details, Instructions, Obligations

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    Recent decisions from the Armed Services Board of Contract Appeals and the Civilian Board of Contract Appeals offer critical insights into contractor reliance on government specifications, how instructions can affect a contractor’s dispute rights and how both factor into the larger claims process, says Sarah Barney at Seyfarth.

  • Lessons As Joint Employer Suits Shift From Rare To Routine

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    Joint employer allegations now appear so frequently that employers should treat them as part of the ordinary risk landscape, and several recent decisions demonstrate how fluid the liability doctrine has become, says Thomas O’Connell at Buchalter.

  • Utilizing 6th Circ.'s Expanded Internal Investigation Protection

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    A recent Sixth Circuit decision in In re: FirstEnergy demonstrates one way that businesses can use a very limited showing to protect internal investigations from discovery in commercial litigation, while those looking to force production will need to employ a carefully calibrated approach, say attorneys at Brownstein Hyatt.

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