Appellate

  • May 16, 2025

    DC Circ. Orders Closer Look At FTC's $5B Meta Privacy Deal

    A D.C. Circuit panel ordered a lower court on Friday to take another look at the Federal Trade Commission's bid to modify a $5 billion privacy deal with Meta after the court found it lacked jurisdiction to review the changes the first time around.

  • May 15, 2025

    Each Justice's Key Comments At Universal Injunction Args

    U.S. Supreme Court justices conducted a searching inquiry Thursday regarding the Trump administration's quest to curtail sweeping injunctions against its agenda, sometimes sounding sympathetic but also wary of alternative remedies and the White House's willingness to accept any future courtroom losses.

  • May 15, 2025

    Judge Rescinds Refugee Order In Trump Shutdown Challenge

    A Washington federal judge on Thursday walked back an order instructing the Trump administration to admit thousands of refugees, saying the Ninth Circuit has further clarified its ruling allowing the federal government to largely proceed with the president's suspension of the refugee program pending a legal challenge.

  • May 15, 2025

    7th Circ. Weighs AbbVie Whistleblower's Drug Marketing Suit

    A Seventh Circuit judge questioned whether a former AbbVie employee has plausibly alleged whistleblower retaliation in a false claims case and whether the drugmaker was holding his complaint to too high a standard Thursday as he explored whether a lower court's dismissal ruling should stand.

  • May 15, 2025

    DC Circ. Questions Exchanges' Challenge To SEC Fee Caps

    A D.C. Circuit panel expressed skepticism on Thursday of stock exchanges' arguments that the U.S. Securities and Exchange Commission exceeded its authority when it approved across-the-board caps on exchange fees tied to new rules aimed at reducing trading costs.

  • May 15, 2025

    11th Circ. Urged Not To Rush Appeal Of Fla. Migrant Law Block

    Immigration organizations have told the Eleventh Circuit there is no need to expedite Florida's appeal of an injunction blocking a state law criminalizing the entry of unauthorized immigrants because the state has produced no practical reason to speed up the appeal.

  • May 15, 2025

    4th Circ. Says DEA Worker's Own Behavior Dooms Bias Suit

    The Fourth Circuit on Thursday backed the dismissal of a white Drug Enforcement Administration supervisor's suit claiming that her Black bosses discriminated and retaliated against her for complaining that they showed favoritism toward Black workers, saying her own poor leadership was to blame for her reassignment and suspension.

  • May 15, 2025

    Braves Player's 'Missile' Cancels Out 'Baseball Rule,' Panel Told

    A Georgia woman who took a baseball to the face during the Atlanta Braves' 2021 World Series run urged a state appellate panel Thursday to revive her personal injury suit against the team, arguing the Peach State's so-called baseball rule of liability shouldn't have ended her suit.

  • May 15, 2025

    'Our Father' Fertility Doc Must Face Bio Daughter's Suit

    An Indiana appellate panel on Thursday revived a suit accusing the rogue fertility doctor featured in the "Our Father" Netflix documentary of causing his biological daughter's emotional distress, saying a dispute over whether the suit was filed too late is for a jury to decide.

  • May 15, 2025

    Nepalese Man's CAT Protection Denied by Appeals Board

    The Board of Immigration Appeals affirmed an immigration judge's denial of a Nepalese man's request for protection under the Convention Against Torture, agreeing he did not show that public officials there were likely to acquiesce to his torture.

  • May 15, 2025

    7th Circ. Doubts Officers' Vaccine Reporting Exemption Claim

    A Seventh Circuit panel seemed skeptical Thursday that a group of COVID-19 vaccine-exempt police officers in Chicago should be allowed to pursue religious discrimination claims targeting the suspensions and other adverse actions they faced for not reporting their vaccination status in the city's data portal. 

  • May 15, 2025

    Justices Wary Of Pausing Sweeping Injunctions In Birthright Case

    A majority of the U.S. Supreme Court seemed eager Thursday to limit lower courts' use of universal injunctions generally, but several justices voiced concerns about the effect such a ruling would have on lawsuits challenging the constitutionality of President Donald Trump's executive order that aims to limit birthright citizenship.

  • May 15, 2025

    8th Circ. Finds No Error In Fentanyl Dealing Conviction

    The Eighth Circuit has refused to grant a new trial to a North Dakota man sentenced to over 15 years in prison for selling fentanyl with his father, finding a lower court was justified in keeping his father from testifying at trial.

  • May 15, 2025

    9th Circ. Doubts Anti-Trans Orgs Can Nix Youth Runaway Law

    Ninth Circuit judges questioned Thursday if anti-transgender groups and parents had standing to challenge a Washington state law intended to ensure shelter for runaway teens seeking gender-affirming care, with one judge asking "where are the parents" who have been adversely affected.

  • May 15, 2025

    9th Circ. Questions University's Limits On Professor's Speech

    Two Ninth Circuit judges cast doubt on the University of Washington's defense in a First Amendment lawsuit on Thursday, questioning why the college would remove a professor's parody of a Native American land acknowledgment from his class syllabus while permitting him to broadcast the same opinions elsewhere in the academic setting.

  • May 15, 2025

    Colo. Justices To Weigh Self-Defense In At-Will Firings

    The Colorado Supreme Court will consider if the state's at-will employment doctrine has an exception allowing people to challenge their termination for actions taken in self-defense, in the case of a Circle K store clerk who was fired after a confrontation with a robber.

  • May 15, 2025

    Full 9th Circ. Affirms BNSF Railway's Win In Retaliation Suit

    The full Ninth Circuit upheld a win for BNSF Railway on Thursday in a now-deceased conductor's lawsuit alleging he was fired in retaliation for testing train cars' brakes, finding the railroad had met the high bar required for lawful firing under whistleblower protection law. 

  • May 15, 2025

    Ohio Court Upholds Home's $450K Value Based On Sale

    The Ohio tax appeals board didn't err in determining that a couple's home was correctly assessed at $450,000 based on its 2020 sale price, a state appeals court said in an opinion released Thursday.

  • May 15, 2025

    Conservatives Challenge Title Of Colo. Tax Cut Initiative

    A proposed Colorado ballot measure to reduce the state income tax rate by one-hundredth of a percentage point was assigned an unlawfully confusing title by a state board, the conservative activists behind the initiative charged in a petition to the state Supreme Court.

  • May 15, 2025

    DC Circ. Doubts Jurisdiction In Baristas' NLRB Challenge

    A D.C. Circuit panel expressed skepticism Thursday that it had any role in deciding two Starbucks workers' challenge to job protections for National Labor Relations Board members now that the agency agrees with the baristas' argument.

  • May 15, 2025

    Snap's Alice Win On Image Search Patents Gets Fed. Circ. OK

    The Federal Circuit on Thursday refused to revive a lawsuit accusing Snap of infringing a pair of patents related to image searches, affirming a lower court's decision that the claims were patent ineligible under the U.S. Supreme Court's Alice decision.

  • May 15, 2025

    Amarin Tells Justices Hikma Has Gotten Far Ahead Of Itself

    Amarin Pharma urged the U.S. Supreme Court on Thursday to turn away a generic-drug maker's bid to get an induced infringement suit thrown out, saying the pleadings-stage case is "in its infancy" and that the company is looking for a "safe-harbor from having to litigate at all."

  • May 15, 2025

    Conn. Justice Warns DMV Rule May Destroy Towing Program

    If the Connecticut Department of Motor Vehicles is correct in its interpretation of how towing companies can be paid for certain services, a state police program for clearing wrecks will evaporate because participating will not be profitable, a justice of the state Supreme Court warned Thursday.

  • May 15, 2025

    Fla. High Court Won't Rule On Condo Insurance Dispute

    The Florida Supreme Court on Thursday declined to wade into a dispute between a Miami condominium and its insurer over a claim for damage caused by Hurricane Irma, leaving in place an appellate ruling that the association provided sufficient notice to the insurer that it intended to add or reopen its damage claim.

  • May 15, 2025

    Norfolk Southern Death Suit Can Go On With Delayed Estate Rep.

    The Pennsylvania Superior Court has found in an en banc precedential opinion that a woman can pursue claims against Norfolk Southern Railway Co. over her husband's cancer and death despite not petitioning to become the representative of his estate until after the statute of limitations expired.

Expert Analysis

  • Hints Of Where Enforcement May Grow Under New CFPB

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    Though the Consumer Financial Protection Bureau has significantly scaled back enforcement under the new administration, states remain able to pursue Consumer Financial Protection Act violators and the CFPB seems set to enhance its focus on predatory loans to military members and fraudulent debt collection and credit reporting practices, say attorneys at MoFo.

  • Series

    Teaching Business Law Makes Me A Better Lawyer

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    Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.

  • Jurisdictional Issues At Play In 9th Circ.'s FCA Trade Case

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    A decision by the Ninth Circuit in Island Industries v. Sigma Corp. could result in the U.S. Court of International Trade’s exclusive jurisdiction over trade-related FCA cases, a big shift in the enforcement landscape just as tariffs take center stage in trade policy, say attorneys at Haynes Boone.

  • Deregulation Memo Presents Risks, Opportunities For Cos.

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    A recent Trump administration memo providing direction to agencies tasked with rescinding regulations under an earlier executive order — without undergoing the typical notice-and-review process — will likely create much uncertainty for businesses, though they may be able to engage with agencies to shape the regulatory agenda, say attorneys at Blank Rome.

  • 4th Circ. 'Actionable Inaccuracy' Finding Deepens FCRA Split

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    The Fourth Circuit's March finding in Roberts v. Carter-Young Inc. that an actionable inaccuracy under the Fair Credit Reporting Act can be both legal and factual widens an existing circuit split and should prompt furnishers to review their processes for investigating readily verifiable information, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lessons: Mastering Discovery

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    The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.

  • Breaking Down 4th Circ. 'Actual Knowledge' Ruling For Banks

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    A recent decision from the Fourth Circuit finding that banks must have "actual knowledge" to be found liable for losses arising from an automated clearinghouse transfer warns that the more financial institutions know about a name mismatch issue for any particular transaction, the more liability they may face, say attorneys at Katten.

  • Strategies To Limit Inherent Damage Of Multidefendant Trials

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    As shown by the recent fraud convictions of two executives at the now-shuttered education startup Frank, multidefendant criminal trials pose unique obstacles, but with some planning, defense counsel can mitigate the harm and maximize the chances of a good outcome, says Kenneth Notter at MoloLamken.

  • Patent Takeaways In Fed. Circ.'s 1st Machine Learning Ruling

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    The Federal Circuit’s recent decision in Recentive Analytics v. Fox, a case of first impression affirming the invalidity of patents that applied general machine learning methods to conventional tasks, serves as a cautionary guide for patent practitioners navigating the complexities of machine learning inventions, say attorneys at Foley & Lardner.

  • AT&T Decision May Establish Framework To Block FCC Fines

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    The Fifth Circuit's recent decision in AT&T v. FCC upends the commission's authority to impose certain civil penalties, reinforcing constitutional safeguards against administrative overreach, and opening avenues for telecommunications and technology providers to challenge forfeiture orders, say attorneys at HWG.

  • Series

    Playing Guitar Makes Me A Better Lawyer

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    Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.

  • Crisis Management Lessons From The Parenting Playbook

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    The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.

  • High Court's Ruling May Not Stop Ghost Gun Makers

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    In Bondi v. VanDerStok, a majority of the U.S. Supreme Court ruled that the Gun Control Act applies to untraceable "ghost gun" kits under certain circumstances — but companies that produce these kits may still be able to use creative regulatory workarounds to evade government oversight, says Samuel Bassett at Minton Bassett.

  • Justices' Labcorp Questions Explore Class Cert. Tensions

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    At the recent oral argument before the U.S. Supreme Court in Laboratory Corporation of America Holdings v. Davis, the justices' questioning highlighted a fundamental tension between constitutional standing requirements, the procedural framework of Rule 23, and the practical challenges of managing large, diverse classes in complex litigation, say attorneys at Winston & Strawn.

  • Immunity Waiver Ruling A Setback For Ch. 7 Trustees

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    While governmental units should welcome the U.S. Supreme Court's recent decision in U.S. v. Miller restricting the reach of the Bankruptcy Code's sovereign immunity waiver, Chapter 7 trustees now have a limited ability to maximize bankruptcy estates, says Dan Prieto at Jones Day.

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