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Appellate
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October 20, 2025
NJ Panel Skeptical That Vacation Time Is Paid Sick Leave
A New Jersey appellate panel on Monday questioned a concrete supplier's assertion that it complied with the state's Earned Sick Leave Law even without differentiating between workers' vacation time and paid sick leave.
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October 20, 2025
3rd Circ. Suspects Process 'Circumvention' In US Atty Role
The Third Circuit on Monday seemed inclined to back a district court's finding that the U.S. Department of Justice's designation of President Donald Trump's former personal lawyer as New Jersey's top federal prosecutor violated federal law, with one jurist suggesting the appointment raised "serious constitutional implications."
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October 20, 2025
Tire-Maker Can't Thwart Asbestos Suits, NC Justices Are Told
More than a dozen plaintiffs locked in a long-running battle for workers' compensation tied to alleged asbestos exposure at a Continental Tire factory are urging North Carolina's top court to let stand a lower appeals court decision reviving their cases.
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October 20, 2025
Pa. AG To Continue Grid Fight After PUC Bows Out
Pennsylvania Attorney General Dave Sunday sought to continue the appeal of a Third Circuit decision invalidating the state Public Utilities Commission's denial of a permit for a transmission project after the agency's chairman said he feared the appeal's outcome could weaken state authority.
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October 20, 2025
Seminary Settles Sex Bias Suit With Ex-Ministry Director
A Pittsburgh Presbyterian seminary has agreed to settle a former interim director's suit claiming she was fired out of gender bias and for raising complaints that the seminary pushed a racially discriminatory background check policy, according to federal court filings.
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October 20, 2025
Red States Back Alaska In High Court Fishing Regs Dispute
Twenty Republican-led states and leaders of the Arizona Legislature are backing Alaska in its U.S. Supreme Court bid to undo a Ninth Circuit order that barred it from opening part of the Kuskokwim River to all fishers, telling the justices that there are detrimental consequences flowing from the appellate court's decision.
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October 20, 2025
Mich. Equine Law Shields Ford Museum In Carriage Crash
A Michigan appellate panel said in a published opinion that the Henry Ford museum is immune from a woman's negligence suit over a horse-drawn carriage accident, determining riding in a horse-drawn carriage falls under a state law shielding sponsors of equine activity from liability.
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October 20, 2025
NJ Panel Tosses Challenge To Jersey City Plaza Renovation
A New Jersey appellate court rejected an appeal for a suit that challenged the renovation of a Jersey City plaza, ruling that the appeal is moot because the renovation project is finished and the plaintiffs don't want to get rid of the renovations.
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October 20, 2025
Guam Fund Seeks OK To Appeal Loss Of Military Leave Suit
A retirement fund for Guam government employees asked a Guam federal judge to let it appeal an order finding the fund and the U.S. territory liable for shortchanging pension contributions for employees who take paid leave while serving in the military.
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October 20, 2025
Catching Up With Delaware's Chancery Court
This past week, the Delaware Chancery Court and Supreme Court handled a crowded corporate docket, weighing blockbuster merger appeals, shareholder settlement objections, fights over control involving an NBA franchise and a high-profile appeal from Elon Musk involving a massive payday from Tesla.
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October 20, 2025
High Court Skips Male Ex-School Administrator's Bias Suit
The U.S. Supreme Court declined Monday to review a suit brought by a former private school administrator who said the Seventh Circuit ignored evidence that school leadership preferred women when it refused to revive his suit claiming he was pushed out in favor of a female employee.
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October 20, 2025
Justices Won't Review Repeat Indictment For Medicare Fraud
The U.S. Supreme Court let stand Monday the repeat indictment of a health clinic manager for what the Second Circuit called a massive, yearslong scheme to submit false claims to Medicare and Medicaid, effectively rejecting the manager's claims that his original trial was irreparably delayed.
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October 20, 2025
Justices Deny EcoFactor Appeal Over Google Patent Damages
The U.S. Supreme Court rejected an appeal by EcoFactor Inc. on Monday that argued the en banc Federal Circuit usurped the role of the jury when it found the company's damages expert unreliable and vacated a $20 million patent verdict it won against Google.
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October 20, 2025
Union Asks 3rd Circ. To Rethink Toss Of $3.5M Pension Win
The Third Circuit conflicted with U.S. Supreme Court precedent when it scrapped a $3.5 million win for a pipe fitters and plumbers union that found a commercial real estate company failed to properly factor overtime in pension contributions, the union argued as it asked the Circuit Court to rethink its opinion.
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October 20, 2025
Justices Decline NY Schools' Bid To Block AG's Assault Suit
The U.S. Supreme Court on Monday denied certiorari to a New York school district in a suit brought by the state's attorney general alleging the district failed to investigate or respond to reports of rape and sexual assault, which had previously been revived by the Second Circuit.
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October 20, 2025
Justices To Hear Bankruptcy Challenge To Estoppel Rule
The U.S. Supreme Court agreed on Monday to hear an appeal challenging a "rigid" and "unforgivable" rule used by some bankruptcy courts that permanently blocks a debtor from pursuing litigation if they knew - but didn't disclose - the allegations as part of their bankruptcy case.
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October 20, 2025
4th Circ. Preview: Insurance, Trans Policy, Legal Aid Access
The Fourth Circuit's second session of the year will have judges weigh in on multimillion-dollar insurance fights, including whether claims related to Under Armour's yearslong securities fraud scheme are "connected," and parsing whether a subcontractor's insurance policy stretches to a primary contractor.
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October 20, 2025
Supreme Court Declines Appeal Over Copyrighted Floor Plans
The U.S. Supreme Court on Monday rejected a petition that sought review of an Eighth Circuit ruling that found it was fair use for real estate agents to list the copyrighted floor plans of a home designer and his company.
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October 20, 2025
Top Court Won't Hear Chicago Hospital's Medicaid Dispute
The U.S. Supreme Court on Monday refused to review a decision by the full Seventh Circuit holding that a Chicago hospital can't sue the state of Illinois to force the managed care organizations it contracts with to make timely Medicaid payments, rejecting a petition that argued another case on the high court's docket "will likely decide the outcome" in this one.
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October 20, 2025
High Court Won't Hear Hospital Vax Mandate Case
The U.S. Supreme Court said Monday it won't review a decision backing a hospital's termination of a group of workers who refused to get COVID-19 vaccinations.
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October 20, 2025
High Court To Hear Case Asking If Drug Users Can Have Guns
The U.S. Supreme Court decided on Monday to address "a four-way circuit conflict" over whether it is legal to prevent users of drugs — including marijuana, which the majority of states have legalized in some fashion — from possessing firearms.
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October 20, 2025
Justices Won't Review Optional NAR Rule In Zillow Case
The U.S. Supreme Court refused Monday to review claims that Zillow and the National Association of Realtors blocked competition through an optional association rule that relegated a defunct brokerage platform's listings to a secondary tab on Zillow's site.
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October 20, 2025
Justices Won't Review Merck's Immunity From Vaccine Claims
The U.S. Supreme Court refused Monday to review a decision immunizing Merck & Co. from claims that it blocked competition by making false submissions to federal regulators for its mumps vaccine.
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October 20, 2025
Justices Reject Pollution Case In La.'s Black Communities
The U.S. Supreme Court on Monday refused to review the Fifth Circuit's decision to revive a lawsuit accusing a Louisiana local government of steering hazardous industrial facilities into Black communities.
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October 20, 2025
Justices To Review Federal Arbitration Exemption Again
The U.S. Supreme Court agreed Monday to take up a worker misclassification suit that could further refine an exemption to the Federal Arbitration Act.
Expert Analysis
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Contract Disputes Recap: Details, Instructions, Obligations
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.
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Lessons As Joint Employer Suits Shift From Rare To Routine
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.
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Utilizing 6th Circ.'s Expanded Internal Investigation Protection
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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3rd Circ. Clarifies Ch. 11 3rd-Party Liability Scope Post-Purdue
A recent Third Circuit decision that tort claims against the purchaser of a debtor's business belong to the debtor's bankruptcy estate reinvigorates the use of Chapter 11 for the resolution of nondebtor liability in mass tort bankruptcies following last year's U.S. Supreme Court ruling in Purdue Pharma, say attorneys at Sullivan & Cromwell.
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Series
Power To The Paralegals: How And Why Training Must Evolve
Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.
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Evaluating The Current State Of Trump's Tariff Deals
As the Trump administration's ambitious tariff effort rolls into its ninth month, and many deals lack the details necessary to provide trade market certainty, attorneys at Adams & Reese examine where things stand.
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Series
Playing Softball Makes Me A Better Lawyer
My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.
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Fed. Circ. In August: A Framework For AIA Derivation Disputes
In Global Health Solutions v. Selner, the Federal Circuit established how to assess derivation challenges under the America Invents Act's first-to-file system, making it easier for petitioners to determine a challenge's odds of success, say attorneys at Knobbe Martens.
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Vanda Ruling Opens Door For Contesting FDA Drug Denials
The D.C. Circuit's recent decision in Vanda Pharmaceuticals v. U.S. Food and Drug Administration creates new opportunities and considerations for drug companies navigating the FDA approval process, establishing that litigation is an option when the FDA refuses to hold a hearing, say attorneys at Polsinelli.
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11th Circ.'s FCRA Standing Ruling Offers Compliance Lessons
The Eleventh Circuit's recent decision in Nelson v. Experian on establishing Article III standing under the Fair Credit Reporting Act should prompt businesses to survey FCRA compliance programs, review open matters for standing defenses and refresh training materials, say attorneys at Nixon Peabody.
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Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
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Courts Keep Upping Standing Ante In ERISA Healthcare Suits
As Article III standing becomes increasingly important in litigation brought by employer-sponsored health plan members under the Employee Retirement Income Security Act, several recent cases suggest that courts are taking a more scrutinizing approach to the standing inquiry in both class actions and individual matters, say attorneys at Crowell & Moring.
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How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
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11th Circ. Equitable Tolling Ruling Deepens Circuit Split
The Eleventh Circuit recently held that equitable tolling was unavailable to extend a deadline to object to discharge of debt, becoming the most recent circuit court decision to address this issue, and deepening a split that requires resolution by the U.S. Supreme Court, says Paul Avron at Berger Singerman.
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Tips As 6th Circ. Narrows Employers' Harassment Liability
In Bivens v. Zep, the Sixth Circuit adopted a heightened standard for employer liability for nonemployee harassment, which diverges from the prevailing view among federal appeals courts, and raises questions about how quickly employers must respond to third-party harassment and how they manage risk across jurisdictions, say attorneys at Benesch.