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Appellate
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June 02, 2025
Chinese Rival Shouldn't Get Code Docs, Micron Tells Justices
Micron Technology Inc. is asking the U.S. Supreme Court to block a Chinese semiconductor competitor from accessing paper copies of sensitive source code during patent infringement litigation, asserting in a petition that a lower court "ignored completely the national-security concerns tied up" in the dispute.
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June 02, 2025
Fla. Appeals Court Backs Police In Pot Smell Search Dispute
A Florida state appeals court has found that the smell of fresh cannabis can be enough to support probable cause for a car search in an area known for crime and drug trafficking, reversing a trial court order that suppressed evidence obtained in such a search.
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June 02, 2025
Ga. Panel Urged To Back $17M Honda Seatbelt Verdict
A Georgia man whose wife was killed after being ejected from her Honda SUV asked a Georgia appellate panel Monday to uphold a $17 million verdict against the automaker, urging the court to reject Honda's arguments that it was wrongly denied the chance to defend itself after its attorneys introduced prohibited materials at the trial's opening.
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June 02, 2025
SAP Seeks High Court Review Of Revived Tying Claims
German software giant SAP on Monday asked the U.S. Supreme Court to look at a Ninth Circuit decision that resuscitated tying claims brought by U.S. rival Teradata, saying the issue of antitrust liability badly needs the court's attention in matters relating to modern, technologically integrated products.
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June 02, 2025
8th Circ. OKs Nix Of Suit On Iowa's Quitting Of COVID Benefits
The Eighth Circuit backed the dismissal of a proposed class action claiming Iowa violated workers' rights by prematurely pulling out of federal pandemic unemployment assistance programs, ruling Monday that the benefits they sought weren't protected by the U.S. Constitution.
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June 02, 2025
Justices' Rail Order Irrelevant To Merger Row, DC Circ. Told
Chicago suburbs challenging federal approval of Canadian Pacific's merger with Kansas City Southern urged the D.C. Circuit on Monday to pay no heed to the U.S. Supreme Court decision restricting government environmental reviews, arguing their own case challenges "other" deficiencies in addition to a failed consideration of broader climate impacts.
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June 02, 2025
Justices Urged To Reject Bid Disputing IRS Crypto Summons
The U.S. Supreme Court should not take up the case of a bitcoin investor who claimed the IRS violated his privacy when it seized his records from the cryptocurrency exchange, the government argued, saying the case is a poor vehicle for addressing concerns about digital-era transactions.
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June 02, 2025
Man Sentenced To 50-To-Life As Teen Wins Bid For Review
A California appellate panel has revived a man's bid to be resentenced for a murder he committed as a teenager, ruling that his 50-years-to-life sentence is effectively the same as life without parole and qualifies for review under a state law aimed at juvenile offenders.
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June 02, 2025
2nd Circ. Won't Let Skier Enforce Pulled Settlement Offer
The Second Circuit isn't letting an injured skier enforce a settlement he attempted to accept just before a jury sided with the ski resort he was suing, with the appellate court finding Friday that his positions are inconsistent and that allowing enforcement would be unfair.
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June 02, 2025
Minn. Justices Prod Humana On Pharmacy Benefit Sourcing
Minnesota Supreme Court justices appeared skeptical Monday of a Humana subsidiary's arguments that sales of pharmacy benefit services attributed to the state should be sourced to a Humana unit based in Wisconsin.
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June 02, 2025
Judge Out Of Line In Undoing $1M LSD Verdict, 5th Circ. Told
A man who became a quadriplegic after ingesting LSD told the Fifth Circuit that a Houston judge didn't have the authority to undo a jury's decision putting an insurance company on the hook for his $1 million injury settlement.
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June 02, 2025
3rd Circ. Backs Religious Bias Suit Over Fire Dept. Beard Ban
The Third Circuit ruled that Atlantic City, New Jersey, may have been able to accommodate a fire department worker who wanted to grow a beard under his Christian beliefs, partially reinstating the worker's suit claiming he was illegally denied a carveout to the grooming policy.
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June 02, 2025
Report Finds Del. Court Jumbo Fees Rival Federal System
Delaware's corporation law courts have overshadowed the entire federal court system for some class attorney fees based on multiples of usual rate benchmarks, according to two Stanford Law School researchers whose findings have already caught the attention of a top state lawmaker.
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June 02, 2025
Third Round Of Fixes Sought In Botched Calif. Bar Exam
The California state bar's committee of bar examiners has approved two additional remedies in an effort to help applicants who failed the troubled February exam, including asking the state Supreme Court to approve a further scoring adjustment that would bring the passing rate up to about 63%.
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June 02, 2025
Justices Want Gov't View On Duke Energy Monopoly Suit
The U.S. Supreme Court asked the Solicitor General on Monday to provide the government's view on a ruling that revived antitrust claims accusing Duke Energy of squeezing a rival out of the power market in North Carolina.
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June 02, 2025
Ga. Appeals Court To Review Arbitration Of Firm Fee Fight
The Georgia state court of appeals on Monday agreed to consider whether a law firm's lawsuit against its former client over legal fees should move forward in the trial court that ordered the case to arbitration, with both sides accusing the other of "gamesmanship."
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June 02, 2025
Judicial Clerk Boycott May Be Unethical, Circ. Judge Says
A North Dakota federal judge's pledge not to hire law clerks from Columbia University because of the school's response to campus protests against Israel's war in Gaza may "cross an important line," the Eighth Circuit's chief judge said, even as he dismissed an ethics complaint stemming from the boycott.
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June 02, 2025
Womble Bond Atty Asks 4th Circ. To Undo Contempt Order
A series of federal court errors led to a Womble Bond Dickinson partner being wrongly held in contempt over a $28 million trademark dispute between a Dutch technology company and its former U.S. partner, the lawyer told the Fourth Circuit in a brief Friday, urging the appeals panel to reverse the order.
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June 02, 2025
FERC 'Never' Considered Costs Of NW Pipeline, 5th Circ. Told
The state of Washington told a Fifth Circuit panel Monday that the Federal Energy Regulatory Commission " never rationally considered what the true costs" were for a TC Energy Corp. pipeline expansion project in the Pacific Northwest.
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June 02, 2025
1st Circ. Partially Revives 'Varsity Blues' Conviction
The First Circuit has reinstated one of the two convictions against a former University of Southern California coach in the "Varsity Blues" college admissions case, saying a federal district court "did not explain" its decision to wipe out the entire verdict.
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June 02, 2025
Justices Take Ill. Rep.'s Case Over Extended Ballot Count
The U.S. Supreme Court on Monday agreed to review a split Seventh Circuit panel's decision upholding the dismissal of an Illinois congressman's suit challenging the state's policy of counting ballots for up to 14 days after an election as long as they were postmarked or certified by Election Day.
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June 02, 2025
Schumer Pledges To Fight GOP's Limits On Court Power
Senate Minority Leader Chuck Schumer, D-N.Y., has vowed to challenge a provision in House Republicans' budget reconciliation package that would curtail courts' ability to issue contempt citations.
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June 02, 2025
Justices Seek US Opinion In Jewish Texts Expropriation Suit
The U.S. Supreme Court on Monday requested the federal government to weigh in on a petition challenging a D.C. Circuit ruling concluding that federal courts do not have jurisdiction over a Jewish group's decades-old allegations that Russia is illegally holding on to its long-lost sacred texts.
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June 02, 2025
Jackson, Sotomayor Bristle As High Court Skips Bias Suit
The U.S. Supreme Court's decision Monday to pass on a Black dancer's race discrimination case sparked objections from Justices Ketanji Brown Jackson and Sonia Sotomayor, who said the Fifth Circuit's conclusion that the performer filed suit too late was "patently erroneous."
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June 02, 2025
Supreme Court Asks US To Weigh In On Hertz's Ch. 11 Appeal
The U.S. Supreme Court invited the solicitor general Monday to file a brief in car rental giant Hertz's challenge to a Third Circuit ruling that as a solvent debtor it owed noteholders $272 million in interest and fees when it emerged from Chapter 11.
Expert Analysis
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Trending At The PTAB: Insights From 2024 Fed. Circ. Statistics
Looking at stats from the Federal Circuit's decisions in 219 Patent Trial and Appeal Board appeals last year sheds light on potential trends and strategy considerations that could improve appeals' chances of success, say attorneys at Finnegan.
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Will Independent Federal Agencies Remain Independent?
For 90 years, members of multimember independent federal agencies have relied on the U.S. Supreme Court's 1935 ruling in Humphrey's Executor v. U.S. establishing the security of their positions — but as the Trump administration attempts to overturn this understanding, it is unclear how the high court will respond, says Harvey Reiter at Stinson.
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High Court Sentencing Case Presents Legal Fork In The Road
On Feb. 25, the U.S. Supreme Court will hear arguments in Esteras v. U.S. about the factors trial courts may consider when imposing a sentence of imprisonment after revoking supervised release, and the justices’ eventual decision may prioritize either discretion or originalism, says Michael Freedman at The Freedman Firm.
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Del. Justices' D&O Ruling Clarifies 'Related' Claim Analysis
In its recent decision in the Alexion Pharmaceuticals coverage case, the Delaware Supreme Court adopted a "meaningful linkage" standard for relatedness analysis, providing further guidance to Delaware policyholders on how to navigate those directors and officers insurance disputes, say attorneys at Hunton.
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Class Actions At The Circuit Courts: February Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal appellate court class certification decisions and identifies practice tips from cases involving breach of life insurance contracts, constitutional violations of inmates and more.
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Defense Strategies For Politically Charged Prosecutions
Politically charged prosecutions have captured the headlines in recent years, providing lessons for defense counsel on how to navigate the distinct challenges, and seize the unique opportunities, such cases present, says Kenneth Notter at MoloLamken.
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Series
Competitive Weightlifting Makes Me A Better Lawyer
The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.
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Axed ALJ Removal Protections Mark Big Shift For NLRB
A D.C. federal court's recent decision in VHS Acquisition Subsidiary No. 7 v. National Labor Relations Board removed long-standing tenure protections for administrative law judges by finding they must be removable at will by the NLRB, marking a significant shift in the agency's ability to prosecute and adjudicate cases, say attorneys at Proskauer.
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NC COVID Ruling May Have Greater Coverage Implications
While the North Carolina Supreme Court's recent finding in favor of policyholders in a suit for business interruption coverage due to COVID-19 comes too late for most insureds to benefit, it should nonetheless have coverage implications far beyond COVID-19 claims, say attorneys at Robinson Bradshaw.
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3 Potential Developments That May Alter US Patent Rights
The Federal Circuit's upcoming decision in EcoFactor v. Google, pending legislation before Congress and the appointment of a new U.S Patent and Trademark Office director all have significant potential to strengthen or weaken patent rights, say attorneys at McKool Smith.
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11th Circ. TCPA Ruling Signals Erosion Of Judicial Deference
The U.S. Court of Appeals for the Eleventh Circuit recently came to the rescue of the lead generation industry, striking down new regulations that were set to go into effect on Jan. 27, a decision consistent with federal courts' recent willingness to review administrative decisions, say attorneys at Troutman.
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How Ill. Ruling Could Influence Future Data Breach Cases
The Illinois Supreme Court's recent decision in Petta v. Christie Business Holding, which was based solely on standing, establishes an important benchmark for the viability of Illinois-based lawsuits arising out of data security incidents that defendants can cite in future cases, say attorneys at Wilson Elser.
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The Rising Need For The Selective Prosecution Defense
In a political climate where criminal and civil prosecution on the basis of political affiliation, constitutionally protected speech or other arbitrary classification is increasingly likely, existing precedent shows why judges should be more open to allowing a selective prosecution defense, say attorneys at Sidley.
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Corp. Transparency Act's Future Under Treasury's Bessent
The Corporate Transparency Act’s ultimate fate faced uncertain terms at the end of 2024, but new U.S. Department of the Treasury Secretary Scott Bessent's statements and actions so far demonstrate that he does not intend to ignore the law, though he may attempt to make modifications, say attorneys at Taylor English.
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Serta Ruling Further Narrows Equitable Mootness In 5th Circ.
The Fifth's Circuit recent Serta bankruptcy decision represents a further hardening of its view of the equitable mootness doctrine, and may set up a U.S. Supreme Court review of the doctrine in the near future, say attorneys at Cleary.