Appellate

  • September 19, 2025

    2nd Circ. Backs NY Ban On Guns In Times Square, Subways

    The Second Circuit on Friday turned back a challenge by two gun owners to a state law banning guns in Times Square and the New York City subway, saying the law fits with the country's historical traditions of regulating guns and doesn't violate the Second Amendment.

  • September 19, 2025

    IBS Drug Buyers Win Class Cert. In Takeda Antitrust Case

    A Massachusetts federal judge on Friday certified buyer classes in litigation alleging Takeda Pharmaceutical broke antitrust law by cutting a pay-for-delay deal with Par Pharmaceuticals to keep a generic version of Takeda's anti-constipation drug Amitiza off the market for several years.

  • September 19, 2025

    Feds Urge Justices To Back Trump's Emergency Tariffs

    The federal government told the U.S. Supreme Court Friday that lower courts incorrectly determined President Donald Trump's emergency tariffs unlawful under a statute that gives the executive broad authority to regulate the economy in matters of national emergency,.

  • September 19, 2025

    OSU, Prof Cleared In Harassment Case Revived By 6th Circ.

    A federal jury on Friday rejected a former Ohio State University graduate student's harassment claims against her doctoral adviser and the school, a year after the Sixth Circuit revived the case.

  • September 19, 2025

    DC Circ. Doubts Airline In Service Contract Dispute With DOT

    Southern Airways Express is beefing with the U.S. Department of Transportation over a contract for providing service to a West Virginia airport that it didn't get, but the D.C. Circuit didn't seem so sure Friday that the airline had done all it could to exhaust its options before coming to them.

  • September 19, 2025

    Trump Administration Takes TPS Fight Back To Supreme Court

    The Trump administration took its fight to end temporary protected status for Venezuela back to the U.S. Supreme Court on Friday, urging the justices to stay a district court decision that found the U.S. Department of Homeland Security's attempt to unwind those protections unlawful.

  • September 19, 2025

    9th Circ.: Feds Can't Give Up On 'Unclaimed' Hearing Notices

    The Ninth Circuit has ruled the government cannot merely "throw up its hands and do nothing" when it learns a removal hearing notice has been returned unclaimed, vacating a lower court's denial of a Mexican immigrant's dismissal bid in a case accusing him of reentering the United States illegally.

  • September 19, 2025

    Justices Asked To Review Optional NAR Rule In Zillow Case

    A defunct brokerage platform is asking the U.S. Supreme Court to review its case accusing Zillow and the National Association of Realtors of stamping out competition by using the trade association's optional rule to relegate outside home listings to a secondary tab on Zillow's site.

  • September 19, 2025

    Pa. Court Upholds 'Geofencing' Warrant In Assault Case

    A Pennsylvania appeals court has ruled randomized phone data obtained through a search warrant served on Google was lawfully used to help convict a suspect and that the procurement of such data does not constitute an unconstitutional search.

  • September 19, 2025

    Lack Of Evidence Dooms Woman's NJ Transit Bus Crash Suit

    A New Jersey appeals court won't upset the dismissal of a suit alleging that the New Jersey Transit Corp. and one of its drivers were negligent and caused a collision near Newark Airport, saying the trial court correctly found that there was insufficient evidence to support the plaintiff's claims.

  • September 19, 2025

    3rd Circ. Nixes Sentence's Reliance On 'Relevant Conduct'

    The window for weighing a criminal defendant's past convictions starts with the offense for which that defendant is being sentenced, even if there was "relevant conduct" earlier, a Third Circuit panel ruled Friday.

  • September 19, 2025

    Split Mass. Appeals Court Upholds Cocaine Conviction

    A man who was convicted of drug dealing after tossing cocaine and cash while fleeing police can't have the evidence against him suppressed despite arguing that he had been illegally detained by officers, Massachusetts' intermediate-level appeals court affirmed Friday in a closely split full-court decision.

  • September 19, 2025

    Mich. Supreme Court Won't Review Stormwater Fee Disputes

    The Michigan Supreme Court declined Friday to review a pair of challenges to Detroit and Ann Arbor's stormwater fees, allowing lower court opinions to stand that said the fees were not taxes subject to constitutional limits.

  • September 19, 2025

    Mich. Panel OKs Fraud Sentence For Ex-Engineering Director

    A Michigan appellate panel has upheld an eight-year prison term for an employee convicted of defrauding a Luxembourg manufacturing company of millions of dollars, finding no issues with the judge's decision to double the recommended sentence.

  • September 19, 2025

    Ill. Panel Upholds Monsanto's Trial Win In Roundup Case

    A juror's letter to a Cook County judge stating that plaintiffs' counsel is "woefully ill prepared" and "taking too long to make their points," and the judge's refusal to give jurors a proximate cause jury instruction, aren't grounds to upend a jury verdict for Bayer subsidiary Monsanto on claims that its herbicide Roundup caused blood cancer, an Illinois appellate panel ruled.

  • September 19, 2025

    Ore. Tax Court Must Defer To Dept.'s Rules, Justices Say

    The Oregon Tax Court erred when it failed to defer to the Department of Revenue's assessment rules and decided to use a different valuation method in valuing a utility company's property, the state Supreme Court ruled.

  • September 19, 2025

    WorldQuant Predictive CEO Loses $691K Attorney Fee Appeal

    A Connecticut appeals court on Friday refused to uproot an arbiter's $691,000 attorney fee award in favor of WorldQuant Predictive Technologies LLC and against its ousted CEO, agreeing the arbiter neither exceeded the scope of the questions presented to him nor manifestly disregarded the law.

  • September 19, 2025

    Fla. Entrepreneur Urges 1st Circ. To Remand RI Pot Regs Suit

    A Florida entrepreneur on Friday urged the First Circuit to remand to Rhode Island federal court his constitutional challenge to Rhode Island's cannabis retail licensure scheme, now that the cannabis regulations at issue have been made public and the license application process is open.

  • September 19, 2025

    Moderna Wants Fed. Circ. Reversal Of Vax Patent Invalidation

    Moderna has told the Federal Circuit that the Patent Trial and Appeal Board got it wrong when it found that the success of the inventions behind two of its COVID-19 vaccine patents challenged by Pfizer and BioNTech didn't outweigh the evidence they were invalid as obvious.

  • September 19, 2025

    NFL Warns Arb. Ruling Could Disrupt Sports Dispute Process

    The NFL has asked the Second Circuit for a rehearing on its finding that the league provides arbitration "in name only" because its process lacks neutrality, arguing that the decision will disrupt long-standing procedures across professional sports and undermine a league's authority to resolve disputes.

  • September 19, 2025

    11th Circ. Backs Insurer In Damaged Blood Plasma Suit

    The Eleventh Circuit backed an insurer's early win in a coverage dispute over $820,000 in blood plasma that was declared a total loss thanks to a shipping holdup, holding that the "plain language" of its policy clearly excluded claims for delays.

  • September 19, 2025

    Ga. Bank Pushes To Go After Law Firm Over Ex-Client's Fraud

    A Georgia bank that lost more than $8 million through bogus loan transactions is urging a Peach State appellate court to revive a claim of negligent misrepresentation against law firm Stanley Ersey & Buckley LLP, saying the trial court got it wrong when it relied on "boilerplate disclaimers" from the firm to toss the claim.

  • September 19, 2025

    DC Circ. Sides With FERC On Puerto Rican Gas Pipeline

    The D.C. Circuit on Friday unanimously rejected challenges to a liquefied natural gas pipeline in Puerto Rico built after hurricanes battered the island's electrical grid, saying the Federal Energy Regulatory Commission's decision not to stop the project fell under its unreviewable enforcement discretion.

  • September 19, 2025

    Union's $3.5M OT Pension Suit Win Overturned At 3rd Circ.

    The Third Circuit overturned Friday a pipe fitters and plumbers union local's $3.5 million win in a dispute with a commercial real estate company over pension contributions related to overtime hours, holding that the parties' collective bargaining agreements didn't obligate the employer to pay additional benefits.

  • September 19, 2025

    Fla. Bar Must Conduct Bondi Ethics Probe, State Justices Told

    An attorney has doubled down on his attempt to force the Florida Bar into investigating U.S. Attorney General Pam Bondi for alleged unethical conduct, arguing to the state Supreme Court that the bar has a clear legal duty to do so.

Expert Analysis

  • Series

    Law School's Missed Lessons: Appreciating Civil Procedure

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    If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.

  • Appellate Guidance Needed On California Chatbot Litigation

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    There is wide variation in how courts are applying the California Invasion of Privacy Act against website owners that allegedly help third parties spy on visitors via chatbots — and the lack of appellate rulings creates uncertainty, especially as these cases move toward the summary judgment stage, say attorneys at Crowell & Moring.

  • Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use

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    The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.

  • The Sentencing Guidelines Are Commencing A New Era

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    Sweeping new amendments to the U.S. sentencing guidelines — including the elimination of departure provisions — intended to promote transparency and individualized justice while still guarding against unwarranted disparities will have profound consequences for all stakeholders, say attorneys at Blank Rome.

  • Justices Widen Gap Between Federal, Calif. Enviro Reviews

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    While the U.S. Supreme Court's recent opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado, narrowed the scope of National Environmental Policy Act reviews, it may have broadened the gulf between reviews conducted under NEPA and those under the California Environmental Quality Act, say attorneys at Hanson Bridgett.

  • 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.

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