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Appellate
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September 24, 2025
Boies Schiller Partner Admits AI Errors In Scientology Case
A Boies Schiller Flexner LLP partner representing women who allege the Church of Scientology harassed them for reporting convicted actor Daniel Masterson's sexual assaults has asked a California appeals court to strike a brief containing artificial intelligence-generated citation errors, saying he "very much regrets" the errors, but they shouldn't impact his clients' case.
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September 24, 2025
Ga. Panel Reverses Early Win In Ambulance-Mower Crash
A Georgia appellate panel revived a negligence claim Wednesday from a man who said he was hit by a speeding ambulance while crossing a road in his lawn mower, rejecting a trial court's finding that there was "no evidence" the ambulance driver was at fault.
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September 24, 2025
Gunmakers Ask 2nd Circ. For Another Chance At Liability Law
The Second Circuit has been asked to reconsider its recent ruling that upheld a New York public nuisance statute allowing claims specifically against gun manufacturers that cause public harm, saying the decision flouts a federal law shielding those companies from the criminal misuse of guns.
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September 24, 2025
9th Circ. Says Insurer's Removal Effort Was Reasonable
An insurer for a residential property owner had a reasonable basis to try to remove its coverage dispute over underlying shooting claims to Washington federal court, the Ninth Circuit ruled Wednesday, noting the owner even failed to identify the citizenship of all its members and partners.
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September 24, 2025
EcoFactor Tells Justices Patent Rules Usurp Role Of Juries
The Federal Circuit has created stringent patent-specific rules limiting damages testimony that improperly displace the role of juries, EcoFactor Inc. has told the U.S. Supreme Court, in a bid to undo a decision scrapping the company's $20 million win against Google.
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September 24, 2025
Team Owner Fights PR Baseball League's Fresh Dismissal Bid
The former owner of a Puerto Rican baseball team told a federal judge this week that the court has already decided it is the proper forum for his antitrust lawsuit, and it should reject the defendant's motion to shift the dispute back to a local venue.
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September 24, 2025
Investor Can't Escape $29M Arbitration Award, 11th Circ. Says
The Eleventh Circuit on Wednesday refused to overturn enforcement of a $28.7 million arbitral award issued in a dispute over a stock option agreement, saying the award debtor had agreed that the arbitrators would decide the dispute's proper venue despite not signing the underlying arbitration agreement.
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September 24, 2025
Minn. Judge Suspended For Attempting To Boost Staffer's Pay
A Minnesota state judge should not have presided over proceedings to increase his longtime court reporter's salary, the state Supreme Court said, disciplining him with a public censure and a suspension for nine months without pay.
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September 24, 2025
Swimmers, Divers Rip School, NIL Deal After Team Dropped
Four former swimming and diving team members at California Polytechnic State University have filed objections in federal court to the NCAA's $2.78 billion name, image and likeness settlement, after university officials pointed to the financial consequences of the settlement as the reason the swimming and diving program was eliminated.
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September 24, 2025
Standard General Founder Taking FCC Bias Suit To DC Circ.
Hedge fund manager Soo Kim is taking his allegations that the Federal Communications Commission and a cadre of media players were part of a racist conspiracy to kill his $8.6 billion merger with broadcaster Tegna Inc. to the D.C. Circuit after a lower court kiboshed the claims last month.
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September 24, 2025
High Court Won't Review Legality Of Wilcox, Harris Firings
The U.S. Supreme Court has rejected former National Labor Relations Board member Gwynne Wilcox's and former Merit Systems Protection Board member Cathy Harris' requests for decisions on whether their firings were lawful, saying it will only review the legality of former Federal Trade Commissioner Rebecca Slaughter's ouster.
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September 24, 2025
Trump Lawyer Chesebro Suspended From DC Circ.
Kenneth Chesebro, the former attorney for President Donald Trump who was indicted for plotting to enlist fake electors to swing the 2020 election result, was suspended Wednesday from practicing in the D.C. Circuit.
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September 24, 2025
Comcast Loses Challenge To Labor Dept. ALJs' Authority
Comcast Corp. can't force a pair of former executives and the U.S. Department of Labor to sue in federal court, after a Virginia federal judge found that handing a Sarbanes-Oxley whistleblower case to an administrative law judge did not violate the company's Seventh Amendment rights.
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September 24, 2025
'Star Trek' Jury Instruction Not Fatal To Trial, Fla. Court Says
A Florida appeals court ruled that a jury was not biased when a trial court drew out an extended metaphor while delivering jury instructions that included references to a Harry Potter invisibility cloak and a transporter on the Starship Enterprise.
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September 24, 2025
Pa. Court Will Reconsider Opinion In Probation Violation Case
A Pennsylvania state appeals court has thrown out its ruling that a man on probation for a bar fight couldn't be found in violation of release conditions for harassing his attorney and judge without being criminally charged and will reconsider the case.
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September 24, 2025
Minn. Justices Reject Humana's Pharmacy Sourcing Appeal
The Minnesota Supreme Court rejected arguments by a Humana subsidiary that its sales of pharmacy benefit services attributed to Minnesota should instead be sourced to a Humana unit in Wisconsin, denying the company a $834,000 refund Wednesday.
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September 24, 2025
Minn. Court Says Landlords Waive Evictions By Taking Rent
The Minnesota Supreme Court said Wednesday that landlords in the state can't evict public or private housing tenants for breaching their leases if the landlords knew about the specific lease violations when they accepted the tenants' rent payments, ruling against a Minneapolis property owner that had filed an eviction suit against a tenant.
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September 24, 2025
Ill. Justices Won't Hear Pepsi's $2.1M Tax Penalty Case
An Illinois appeals court decision allowing $2.1 million in penalties against PepsiCo for categorizing Frito-Lay expatriates' compensation as foreign payroll will stand, as the state's highest court declined to review the dispute Wednesday.
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September 24, 2025
9th Circ. Allows One More Go-Round In Kleenex Ad Fight
The Ninth Circuit Wednesday determined it does not have jurisdictional authority to revive a proposed class action alleging Kimberly-Clark Corp.'s Kleenex Germ Removal Wet Wipes mislead consumers about the product's ability to kill germs, saying the consumers were not able to establish subject matter jurisdiction.
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September 24, 2025
Fed. Circ. Vacates $181M Patent Verdict Against AT&T, Nokia
The Federal Circuit on Wednesday wiped out Finesse Wireless' $181 million verdict against AT&T and Nokia, finding issues in "confusing and unclear" expert testimony that had supported the case accusing the wireless carriers of infringing a pair of radio interference patents.
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September 24, 2025
Del. Justices Uphold $10.5B Zendesk Take-Private Deal
Delaware's Supreme Court early Wednesday upheld the Court of Chancery's Sept. 10 dismissal of a stockholder challenge to the $10.5 billion take-private deal for software as a service business Zendesk Inc., closing the book on the case in two sentences issued two weeks after appeal arguments.
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September 24, 2025
Calif. Panel Won't Upend $1M Motorcycle Crash Verdict
A California appeals panel won't order a new trial or disturb a $1 million verdict awarded to a man who fractured his pelvis and arm in a motorcycle accident, with the justices rejecting the other driver's arguments that evidence was wrongly excluded from the trial.
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September 24, 2025
Trans Youth Care Ban Discriminatory, Mo. High Court Hears
The Missouri Supreme Court heard arguments Wednesday on a law that bans gender-affirming care for minors and restricts Medicaid coverage for transgender care at any age, but the justices gave little indication of how they might rule.
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September 24, 2025
4th Circ. Kicks Trans Care Exclusion Suits Back To Trial Court
A pair of suits challenging health plan coverage exclusions on gender-affirming care for minors are headed to district court after the Fourth Circuit vacated decisions finding those policies discriminatory, in line with a U.S. Supreme Court directive to revisit the cases in light of new precedent.
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September 24, 2025
Innoscience Claims ITC Ban Over Invalidated Patent Is 'Unjust'
Innoscience is urging the Federal Circuit to free it from a U.S. International Trade Commission import ban, saying the Efficient Power Conversion Corp. semiconductor patent it allegedly infringes isn't valid.
Expert Analysis
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Justices' Review Of Fluor May Alter Gov't Contractor Liability
The U.S. Supreme Court's decision to review Hencely v. Fluor, a case involving a soldier’s personal injury claims against a government contractor, suggests the justices could reconsider a long-standing test for determining whether contractors are shielded from state-tort liability, says Lisa Himes at Rogers Joseph.
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Google Damages Ruling Offers Lessons For Testifying Experts
The Federal Circuit's recent decision in EcoFactor v. Google represents a shift in how courts evaluate expert testimony in patent cases, offering a practical guide for how litigators and testifying experts can refine their work, says Adam Rhoten at Secretariat.
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Series
Law School's Missed Lessons: Communicating With Clients
Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.
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One Year On, Davidson Holds Lessons On 'Health Halo' Claims
A year after the Ninth Circuit's Davidson v. Sprout Foods decision — which raised the bar for so-called health halo claims — food and beverage companies can draw insights from its finding, subsequently expanded on by other courts, that plaintiffs must be specific when alleging fraud in healthfulness marketing, say attorneys at Sidley.
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Justices' NRC Ruling Raises New Regulatory Questions
In Nuclear Regulatory Commission v. Texas, the U.S. Supreme Court avoided ruling on the NRC's authority to license private, temporary nuclear waste storage facilities — and this failure to reach the merits question creates new regulatory uncertainty where none had existed for decades, say attorneys at Holland & Knight.
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Rocket Mortgage Appeal May Push Justices To Curb Classes
Should the U.S. Supreme Court agree to hear Alig v. Rocket Mortgage, the resulting decision could limit class sizes based on commonality under Rule 23 of the Federal Rules of Evidence as opposed to standing under Article III of the U.S. Constitution, say attorneys at Carr Maloney.
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3 Judicial Approaches To Applying Loper Bright, 1 Year Later
In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.
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Trending At The PTAB: Shifts In Parallel Proceedings Strategy
Dynamics are changing between the Patent Trial and Appeal Board and federal courts, with two recent discretionary denials and one Federal Circuit decision offering takeaways for both patent owners and challengers navigating parallel proceedings, say attorneys at Finnegan.
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What Businesses Need To Know To Avoid VPPA Class Actions
Divergent rulings by the Second, Sixth and Seventh Circuits about the scope of the Video Privacy Protection Act have highlighted the difficulty of applying a statute conceived to regulate the now-obsolete brick-and-mortar video store sector in today's internet economy, say attorneys at DTO Law.
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Series
Adapting To Private Practice: From US Rep. To Boutique Firm
My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.
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Opinion
IRS Should Work With Industry On Microcaptive Regs
The IRS should engage with microcaptive insurance owners to develop better regulations on these arrangements or risk the emergence of common law guidance as taxpayers with legitimate programs seek relief in the federal courts, says Dustin Carlson at SRA 831(b) Admin.
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FLSA Interpretation Patterns Emerge 1 Year After Loper Bright
One year after the U.S. Supreme Court's monumental decision in Loper Bright Enterprises v. Raimondo, four distinct avenues of judicial decision-making have taken shape among lower courts that are responding to their newfound freedom in interpreting the Fair Labor Standards Act through U.S. Department of Labor regulations, say attorneys at Kutak Rock.
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A Pattern Emerges In Justices' Evaluation Of Veteran Statute
The recent Soto v. U.S. decision that the statute of limitations for certain military-related claims does not apply to combat-related special compensation exemplifies the U.S. Supreme Court's view, emerging in two other recent opinions, that it is a reviewing court's obligation to determine the best interpretation of the language used by Congress, says attorney Kenneth Carpenter.
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Fed. Circ. In May: Evaluating Opportunistic Trademark Filings
The Federal Circuit's decision last month in the "US Space Force" trademark case gives the Trademark Trial and Appeal Board additional clarity when working through opportunistic trademark filings, particularly when the mark's value is primarily due to the potential value of a false connection, say attorneys at Knobbe Martens.
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Opinion
Senate's 41% Litigation Finance Tax Would Hurt Legal System
The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.