Appellate

  • March 12, 2024

    Judge Lets Feds Appeal 'Novel' Issues In Asylum Bond Suit

    A Washington federal judge allowed federal immigration agencies to seek the Ninth Circuit's opinion on whether the district court can hear a class of asylum-seekers' lawsuit alleging deprivation of bond hearings, saying jurisdictional and constitutional issues in the case seem novel.

  • March 12, 2024

    11th Circ. Says Golf Course Volunteers Aren't Owed Pay

    The Eleventh Circuit agreed with a lower court's dismissal of a wage lawsuit brought by attendants at a golf course owned by Palm Beach County, Florida, saying Tuesday that the workers were not owed wages under federal labor law because they knew they signed up for volunteer positions.

  • March 12, 2024

    Ex-Judge Loses Suit Over 'Tsunami Of Public Ridicule'

    An appellate court has refused to revive a former New York state trial court judge's suit accusing a Democratic county committee and several related officials of releasing a "tsunami of public ridicule" against her, saying her breach of contract claims lacked legal standing and her defamation claim was untimely.

  • March 12, 2024

    Head Of Rutgers Race Justice Program Defends 3rd Circ. Nom

    The director of a Rutgers University program that has drawn controversy amid a confirmation battle for a Third Circuit seat said Tuesday that she is "disappointed though not surprised" by the attacks on nominee Adeel Mangi, who would be the first Muslim federal appeals court judge if confirmed.

  • March 12, 2024

    6th Circ. Won't Revive Mich. Mall's Faulty Parking Lot Suit

    A general contractor is not liable for a Michigan parking lot that began to fail "mere months" after construction, the Sixth Circuit said, finding the company did not violate its contract with outlet mall chain Tanger.

  • March 12, 2024

    LG Assistant GC Suspended In NJ For Side-Work Misconduct

    The New Jersey Supreme Court has handed a minimum three-month suspension to an in-house attorney for LG Electronics over misconduct he committed while operating a side practice, including commingling client funds and mishandling two estates.

  • March 12, 2024

    Alito Again Delays Effective Date Of Texas' Migrant Arrest Law

    U.S. Supreme Court Justice Samuel Alito on Tuesday again barred Texas from immediately arresting and deporting migrants under a new state law, ordering a five-day pause of a Fifth Circuit order allowing the law to take effect.

  • March 11, 2024

    Texas Fights Bid To Block Migrant Arrest Law At High Court

    Texas on Monday urged the U.S. Supreme Court to deny the Biden administration's bid to vacate an administrative stay issued by the Fifth Circuit and allow the Lone Star State's immigration law to take effect, saying it's the first line of defense "against transnational violence" caused by the federal government's inaction.

  • March 11, 2024

    3rd Circ. Pick Affirms Muslim Lawyer Event Amid GOP Attacks

    Third Circuit nominee Adeel Mangi, who will be the first Muslim federal appeals court judge if confirmed and has been facing attacks from Republicans, has updated the Senate Judiciary Committee with an event he "inadvertently" left off his nominee questionnaire.

  • March 11, 2024

    Drivers Drop Uber, Lyft Price-Fix Arbitration Appeal

    The three Uber and Lyft drivers who were fighting to keep a suit accusing the ride-hailing companies of colluding to fix fare prices out of arbitration have dropped their appeal, according to a recent filing in a California state appeals court. 

  • March 11, 2024

    Feds Urge 9th Circ. To Uphold GMO Food Labeling Rule

    The federal government and sugar industry groups urged the Ninth Circuit to reject food advocacy groups' attempt to upend a Trump-era organic food labeling rule, saying a California federal judge got it right when he rejected the groups' claims and largely left the rule intact.

  • March 11, 2024

    Ill. Court OKs $48M Award In Brain Damage Med Mal Suit

    An Illinois state appeals court has affirmed a $48.1 million award in a suit accusing an emergency medicine physician and a hospital of improperly placing a breathing tube in a patient and causing permanent brain damage, saying certain jury instructions given by the trial court were not erroneous.

  • March 11, 2024

    3rd Circ. Finds No Reason To Disturb AbbVie Privilege Ruling

    The Third Circuit has found that AbbVie was unable to show that a Pennsylvania federal court went against precedent or made an error when ordering the drugmaker to turn over attorney communications from a "sham" patent case allegedly meant to delay AndroGel competitors.

  • March 11, 2024

    Coinbase Asks 3rd Circ. To Force SEC To Set Rules For Crypto

    Crypto exchange Coinbase asked the Third Circuit on Monday to force the U.S. Securities and Exchange Commission to set rules of the road for digital assets in an opening brief that argued the agency failed to provide "a reasoned explanation" for why it denied an earlier request for crypto rulemaking.

  • March 11, 2024

    Landlords' Group Slams FCC Digital Equity Rule In DC Circ.

    A property owners' advocacy group has sued the Federal Communications Commission in the D.C. Circuit, claiming the agency soared well past its legal limits in passing a new broadband equity rule and will put renters' access to internet service at greater risk.

  • March 11, 2024

    Fla. Judge Says Campaign Speech Didn't Violate Ethics Rules

    A Florida state court judge charged with ethics violations is attempting to stop a disciplinary panel from presenting evidence that a speech she made during a campaign against a rival in 2022 violated the Florida Code of Judicial Conduct, saying that it's protected by the First Amendment.

  • March 11, 2024

    Fed. Circ. Cuts Down Netflix's Appeal Of Broadcom Patent

    The Federal Circuit on Monday backed the Patent Trial and Appeal Board in finding that an Avago Technologies distributed computing patent was valid, handing a loss to Netflix.

  • March 11, 2024

    9th Circ. Orders 2nd Look At Zambian Woman's Asylum Bid

    The Ninth Circuit on Monday revived a Zambian woman's asylum bid lodged for fear of being persecuted over her sexual orientation, saying the Board of Immigration Appeals didn't properly evaluate claims she'd previously been persecuted in Zambia for being a lesbian.

  • March 11, 2024

    Widower Gets 3rd Trial Over Wife's Cancer Misdiagnosis

     A Pennsylvania Superior Court panel on Monday granted a third trial to a man whose wife died of cancer, saying that he'd presented enough evidence that her doctor's failure to follow up on discrepancies in her diagnosis deprived her of a chance for a longer life.

  • March 11, 2024

    Fed. Circ. OKs Boston Drug Developer's Patent Win

    A Boston-area biotech developer that has yet to bring a product to market persuaded the Federal Circuit on Monday to affirm a finding by an administrative patent board last year that stripped a smaller Chinese rival of a patent covering a way of using a type of sulfonic acid to potentially treat Alzheimer's disease.

  • March 11, 2024

    Mexico Says High Court Long Shot Not Worth Halting Gun Suit

    The Mexican government asked a Boston federal judge to keep its lawsuit against gun manufacturers moving along while the companies float what they referred to as "sky is falling" arguments to the U.S. Supreme Court challenging a First Circuit ruling that they are not immune from claims they aid and abet drug cartel violence.

  • March 11, 2024

    Feds Pitch Draft Plan For Contested Bears Ears Monument

    The Bureau of Land Management and the U.S. Forest Service are asking for public input on a draft resource management plan for the Bears Ears National Monument, prepared with input from partners including five tribal nations.

  • March 11, 2024

    Injured Bus Rider Gave Up Right To Sue, Mich. Justices Told

    A Detroit public transit authority told the Michigan Supreme Court to affirm that an injured passenger can't pursue the authority for personal injury protection benefits under the state's no-fault law after assigning her right to the benefits to her medical providers.

  • March 11, 2024

    Prejudice Rule Applies To Property Claims, Colo. Justices Say

    A rule excusing some policyholders for filing late claims applies to occurrence-based, first-party homeowners' property policies, a divided Colorado Supreme Court held Monday, reversing two insurers' wins in a pair of coverage disputes over hail damage.

  • March 11, 2024

    Ill Will Pushed UNC Doc's Bawdy Party Lie, NC Justices Told

    A former doctor at the University of North Carolina hospital wants the state's highest court to revive his defamation lawsuit alleging a supervisor's ill will motivated an investigation into a supposed bawdy party, telling the justices that the supervisor isn't afforded the immunity public officials receive from lawsuits.

Expert Analysis

  • Why 7th Circ. Libel Ruling Is Crucial For The Media

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    As more defamation plaintiffs attorneys argue that allowing a published statement to remain online after additional evidence of falsity emerges equates to actual malice, the Seventh Circuit's recent National Police Association v. Gannett opinion should be lauded by the media and online publishers as a favorable decision, say attorneys at Vedder Price.

  • Boeing Opinion Strikes Blow Against Overpayment Theory

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    The Fifth Circuit's decision in Earl v. Boeing Co. casts doubt on consumers' standing to bring claims of overpayment for products later revealed to have defects — and suggests that it's more likely that those products would have been removed from the market, driving up the price of alternatives, say attorneys at Bush Seyferth.

  • Tips For Litigating Against Pro Se Parties In Complex Disputes

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    Litigating against self-represented parties in complex cases can pose unique challenges for attorneys, but for the most part, it requires the same skills that are useful in other cases — from documenting everything to understanding one’s ethical duties, says Bryan Ketroser at Alto Litigation.

  • Del. Dispatch: Lessons From Failed ETE-Williams Merger

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    Attorneys at Fried Frank delve into the Delaware Supreme Court's recent decision in Energy Transfer v. Williams to highlight the major monetary consequences of a failed merger, and show why merger agreement drafting and factual context are of utmost importance.

  • Opinion

    Justices Should Nix Section 230 Immunity For Tech

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    The U.S. Supreme Court recently agreed to decide two new cases that present another opening to curtail the broad immunity enjoyed by tech company-owned social media platforms under Section 230, and it's long past time for online publishers to be treated the same as traditional ones, says Douglas Mirell at Greenberg Glusker.

  • Ga. Ruling A Win For Plaintiffs Injured By Older Products

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    The Georgia Supreme Court's recent opinion in Ford Motor Co. v. Cosper gives plaintiffs the assurance that even if they are injured by older products, they can still bring claims under state law if the manufacturer used a design that it knew, or should have known, created a risk of substantial harm, says Rob Snyder at Cannella Snyder.

  • How Justices' Disclosure Ruling May Change Corp. Filings

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    In the upcoming Macquarie Infrastructure v. Moab Partners case, the U.S. Supreme Court will resolve a circuit split over whether a company may be sued for private securities fraud if they fail to disclose certain financial information in public filings, which may change the way management analyzes industry risks and trends for investors, says Paul Kisslinger at Lewis Brisbois.

  • How Ill. Supreme Court Could Shape Statutory Violation Cases

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    In Fausett v. Walgreens, the Illinois Supreme Court will take up the question of whether a violation of the Fair and Accurate Credit Transactions Act satisfies the injury-in-fact requirement, and any outcome could significantly change the litigation landscape in Illinois, say Donald Patrick Eckler and Joshua Zhao at Freeman Mathis.

  • Class Action Defense: Don't Give Up On Bristol-Myers Squibb

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    Federal appellate court decisions in the six years since the U.S. Supreme Court decided Bristol-Myers Squibb show that it's anyone's ballgame in class action jurisdictional arguments, so defendants are encouraged to consider carefully whether, where and when arguing lack of specific personal jurisdiction may be advantageous, say attorneys at K&L Gates.

  • Pro Bono Work Is Powerful Self-Help For Attorneys

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    Oct. 22-28 is Pro Bono Week, serving as a useful reminder that offering free legal help to the public can help attorneys expand their legal toolbox, forge community relationships and create human connections, despite the challenges of this kind of work, says Orlando Lopez at Culhane Meadows.

  • High Court Bakery Driver Case Could Limit Worker Arbitration

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    Employers that require arbitration of worker claims under the Federal Arbitration Act should closely follow Bissonnette v. LePage Bakeries as it goes before the U.S. Supreme Court, which could thoroughly expand the definition of “transportation workers” who are exempt from compulsory arbitration and force companies to field more employee disputes in court, says Nick Morisani at Phelps Dunbar.

  • Reconstruction-Era Laws Show Jan. 6 Cases Are Not Political

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    The renewed use of Reconstruction-era laws in indictments stemming from the Jan. 6 insurrection demonstrates that these statutes serve as a bulwark against erosion of the federal system, and provides a counterpoint to the public accusations that certain prosecutions are politically motivated, say Solomon Shinerock and Annika Conrad at Lewis Baach.

  • Series

    Playing In A Rock Cover Band Makes Me A Better Lawyer

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    Performing in a classic rock cover band has driven me to hone several skills — including focus, organization and networking — that have benefited my professional development, demonstrating that taking time to follow your muse outside of work can be a boon to your career, says Michael Gambro at Cadwalader.

  • Grayscale Win Over SEC May Finally Herald Spot Bitcoin ETPs

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    While the U.S. Securities and Exchange Commission has yet to approve any exchange-traded product based on spot bitcoin prices, a recent D.C. Circuit order that the SEC revisit Grayscale Investments’ application to offer shares in such a fund may signify the beginning of the end to the crypto industry's long quest to establish these products, say attorneys at Ropes & Gray.

  • Series

    The Pop Culture Docket: Judge Espinosa On 'Lincoln Lawyer'

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    The murder trials in Netflix’s “The Lincoln Lawyer” illustrate the stark contrast between the ethical high ground that fosters and maintains the criminal justice system's integrity, and the ethical abyss that can undermine it, with an important reminder for all legal practitioners, say Judge Adam Espinosa and Andrew Howard at the Colorado 2nd Judicial District Court.

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