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Appellate
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October 22, 2025
Presidential Firing Limits Fight Builds At High Court
The ousted U.S. Merit Systems Protection Board chair has encouraged the U.S. Supreme Court to include a caveat for "legislative courts" if it overturns precedent that empowers Congress to limit the president's authority to fire certain agency officials, but opponents of independent agencies want a clean break from the status quo.
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October 22, 2025
3rd Circ. Tosses Elderly Woman's Solar Panels Fraud Suit
The Third Circuit on Wednesday backed the dismissal of an elderly woman's fraud claims against two solar panel financiers, which she accused of saddling her with a nearly $100,000 debt after she was tricked getting rooftop solar panels a salesperson told her were free.
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October 22, 2025
Obstetrician's Win Upheld In 'Outrageous Terminology' Suit
A Georgia Court of Appeals on Wednesday upheld a trial court's decision that an Atlanta obstetrician's allegedly "outrageous terminology" wasn't "extreme and dangerous," and that she didn't intentionally inflict emotional distress when she told a couple their stillborn child had been "decapitated" during delivery.
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October 22, 2025
OCC Drops $10M Fine, Ban In Wells Fargo Ex-Exec Deal
The Office of the Comptroller of the Currency has agreed to end a long-running case accusing a former Wells Fargo risk officer of failing to prevent the bank's fake accounts scandal, striking a deal that drops its pursuit of a $10 million fine and industry ban.
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October 22, 2025
NJ Justices To Review Judicial Privacy Law For 3rd Circ. Case
The New Jersey Supreme Court has agreed to a request from the Third Circuit to interpret whether the judicial privacy measure Daniel's Law requires a certain mental state in order to establish liability.
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October 22, 2025
Straight Path Class Attys Appeal $1.2B Damage Claim Toss
An attorney for Straight Path Communications shareholders told Delaware's justices Wednesday the state Supreme Court should revive a $1.2 billion claim tied to company controller Howard Jonas' allegedly self-interested role in shutting down a board special committee's pursuit of damages against him.
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October 22, 2025
Feds Fight Early Release For Atty Convicted Of $550M Fraud
Federal prosecutors on Tuesday opposed compassionate release of a Kentucky lawyer who fled the country after pleading guilty to a $550 million Social Security fraud scheme, telling the Sixth Circuit that the lawyer's medical conditions are being adequately treated in prison and the seriousness of his crimes warranted more time behind bars.
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October 22, 2025
Widow Not Liable For Husband's Tax Debt, 4th Circ. Told
An 80-year-old widow whose husband was imprisoned after hiding more than $20 million from the IRS told the Fourth Circuit that he was "abusive and controlling" and that she shouldn't have to pay the millions of dollars they jointly owe, despite contrary claims by the government.
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October 22, 2025
Fed. Circ. Won't Clear Semiconductor Patent Application
The Federal Circuit on Wednesday backed the U.S. Patent and Trademark Office's rejection of certain claims in a semiconductor patent application from a German company, sinking an appeal of findings that the claims were obvious.
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October 22, 2025
Retention Bonus Not Subject To Wage Act, Mass. Justices Say
Massachusetts' highest court ruled on Wednesday that a retention bonus contingent on an employee's willingness to meet certain conditions is not a salary subject to a provision of the state's Wage Act requiring payment on the final day of employment.
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October 22, 2025
Amazon Gets Military Leave Suit Thrown Out, For Now
A New York federal judge walked back an August ruling that certified a thousands-strong class of Amazon workers who alleged they were shorted on pay for stints of military leave, agreeing with the retail giant that the suit should be dismissed.
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October 21, 2025
Ga. Justices Weigh City's Duty In $33M Fatal Crash Case
The Georgia Supreme Court considered Tuesday whether to overturn a state appellate court's ruling that a metro Atlanta city must pay a $33 million verdict awarded to the parents of a college student who died after crashing into a roadside planter.
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October 21, 2025
Apple Slams 'Fatally Broad' App Store Injunction At 9th Circ.
Apple urged the Ninth Circuit Tuesday to scrap a mandate blocking it from charging any commission on iPhone app purchases made outside its systems, slamming the district court's "fatally broad" injunction and arguing that the court's zero-commission rule is "the antithesis of a proper civil contempt remedy."
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October 21, 2025
Citadel Securities Asks 11th Circ. To Scope SEC's IEX Order
Citadel Securities has petitioned the Eleventh Circuit to review the U.S. Securities and Exchange Commission's recent approval of a new options exchange called IEX Options, following a comment letter the broker-dealer sent to the regulator stating that IEX "seeks approval for an unprecedented quote-canceling scheme in the U.S. options market."
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October 21, 2025
Tribes Ask Justices To Keep Enbridge Suit In Mich. State Court
Ten tribal nations have asked the U.S. Supreme Court to refuse Enbridge Energy LP's bid to move the Michigan attorney general's lawsuit seeking to shut down a pipeline out of state court, saying Tuesday the company wrongly wants to change the rules on a deadline it missed.
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October 21, 2025
9th Circ. Panel Reaffirms NLRB's Use Of 'Thryv Remedies'
The National Labor Relations Board correctly applied its 2022 Thryv ruling when it ordered Macy's to pay heightened remedies after refusing to rehire strikers, a split Ninth Circuit panel reaffirmed, shooting down a request to reconsider a split panel decision from January while amending the decision slightly.
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October 21, 2025
Gov't Says Texas Migrant Law 'Complements' Federal Law
The Trump administration threw its weight behind a Texas law that allows local law enforcement to arrest people suspected of crossing the border illegally, telling the Fifth Circuit the law "complements existing federal immigration law."
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October 21, 2025
Judge Sends Solar Co.'s Panama Grid Access Row To Trial
An Illinois federal judge on Tuesday said Spanish energy company Avanzalia Solar can pursue a claim that rival Goldwind Americas blocked and delayed access to the Panamanian power grid.
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October 21, 2025
Hertz Fights Colorado Law Labeling It As Insurer In High Court
Attorneys for the opposing parties in Hertz's Colorado Supreme Court petition contending it should not be considered an insurer under Colorado statute argued for dramatically differing readings of the state's insurance laws during oral argument Tuesday.
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October 21, 2025
Colo. Justices Weigh Self-Defense Exception In At-Will Firings
Counsel for a former Circle K store clerk fired after a confrontation with a robber argued to the Colorado Supreme Court Tuesday that the justices should recognize a public policy exception to the state's at-will employment doctrine, contending employers should generally not impose as workplace policy a duty to retreat.
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October 21, 2025
3rd Circ. Reinstates Union Rep's Pharmacy Fraud Charges
The Third Circuit said Tuesday that it had revived charges against a union representative at a telecommunications company after finding that federal prosecutors sufficiently alleged that the rep submitted false claims to a pharmacy benefits manager for medically unnecessary testing and medicine.
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October 21, 2025
NC Court Asked To Ignore Fla. Case In Lindberg Receiver Row
An insurer seeking to collect on a $524 million arbitration award against convicted insurance mogul Greg Lindberg urged a North Carolina state appeals court not to take judicial notice of his lawsuit in Florida federal court challenging the award, noting the Fourth Circuit already upheld it.
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October 21, 2025
5th Circ. Revives Oil Co.'s Faulty Cement Coverage Suit
The Fifth Circuit revived an oil and gas producer's suit seeking coverage for a settlement it reached with a bankrupt oilfield services firm over faulty cement, saying a Texas federal court incorrectly tossed the company's duty to defend and indemnify claims against certain underwriters at Lloyd's of London.
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October 21, 2025
Pa. Panel Upholds 40-Year Sentence In Love Park Rape Case
A Pennsylvania appeals court has ruled that a Philadelphia man was not unfairly sentenced after a trial court referenced his mobile searches for violent pornography when he was sentenced to up to 40 years in prison for rape.
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October 21, 2025
Risking Sanctions, Patent Owner Skips Google Bench Trial
A location tracking patent owner did not show up for a bench trial on Google's equitable defenses to his infringement claims Tuesday, despite a New York federal court order saying he could be sanctioned if he did not make an appearance.
Expert Analysis
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What's At Stake At High Court For Presidential Removal Power
Two pending U.S. Supreme Court cases —Trump v. Slaughter and Trump v. Cook — raise fundamental questions about the constitutional separation of powers, threaten the 90-year-old precedent of Humphrey's Executor v. U.S. and will determine the president's authority to control independent federal agencies, says Kolya Glick at Arnold & Porter.
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Courts Are Still Grappling With McDonnell, 9 Years Later
The Seventh and D.C. Circuits’ recent decisions in U.S. v. Weiss and U.S. v. Paitsel, respectively, demonstrate that courts are still struggling to apply the U.S. Supreme Court’s 2016 ruling in McDonnell v. U.S., which narrowed the scope of “official acts” in federal bribery cases, say attorneys at Quinn Emanuel.
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Calif. Justices Usher In Stricter Era For Wage Law Ignorance
In Iloff v. LaPaille, the California Supreme Court determined that neither an employer's ignorance of wage obligations nor a worker agreeing to an unconventional arrangement is sufficient to establish good faith, demonstrating that the era of casual wage arrangements without legal vetting is over, says Brandy Alonzo-Mayland at Michelman & Robinson.
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Protecting Sensitive Court Filings After Recent Cyber Breach
In the wake of a recent cyberattack on federal courts' Case Management/Electronic Case Files system, civil litigants should consider seeking enhanced protections for sensitive materials filed under seal to mitigate the risk of unauthorized exposure, say attorneys at Redgrave.
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Means-Plus-Function Terms In Software Claims May Be Risky
Though the Federal Circuit recently reversed a decision rejecting a set of means-plus-function software claims as lacking sufficient structure, practitioners who proceed under this holding may run into indefiniteness problems if they do not consider other Federal Circuit holdings related to the definiteness requirement, says Jeffrey Danley at Seed IP Law Group.
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Wash. Ruling Raises Pay Transparency Litigation Risk
Washington Supreme Court’s recent decision in Branson v. Washington Fine Wine and Spirits, affirming applicants standing to sue regardless of their intent in applying, broadens state employers' already broad exposure — even when compared to other states with pay transparency laws, say attorneys at Hunton.
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Why Feds' Criminal Vehicle Tampering Theory Falls Short
In recent years, federal regulators have advanced a novel theory that reprogramming a vehicle's onboard diagnostics system is a crime under the Clean Air Act — but a case now pending in the Ninth Circuit shows that the government's position is questionable for a host of reasons, say attorneys at Arnold & Porter.
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High Court Right-To-Counsel Case Could Have Seismic Impact
The U.S. Supreme Court will hear arguments next week in Villarreal v. Texas about whether prohibiting testimony discussions between defendants and their counsel during an overnight recess violates the Sixth Amendment, and the eventual decision could impose a barrier in the attorney-client relationship, say attorneys at Arnold & Porter.
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Gauging SEC Short-Sale Rules' Future After 5th Circ. Remand
Though the Fifth Circuit recently remanded to the U.S. Securities and Exchange Commission two Biden-era rules requiring disclosure of securities lending and short-sale activity in order to consider the rules' cumulative economic impact, it's possible they will get reproposed, meaning compliance timelines could change, says Scott Budlong at Barnes & Thornburg.
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High Court Firearm Case Tests Limits Of Double Jeopardy
The U.S. Supreme Court will hear arguments next week on the double jeopardy implications of overlapping federal gun statutes in Barrett v. U.S., and its ultimate decision could either erode a key shield in defense practitioners’ arsenals or provide strong constitutional grounds to challenge duplicative charges, says Sharon Appelbaum at Appelbaum Law.
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Series
Judging Figure Skating Makes Me A Better Lawyer
Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.
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Female Athletes' NIL Deal Challenge Could Be Game Changer
A challenge by eight female athletes to the NCAA’s $2.8 billion name, image and likeness settlement shows that women in sports are still fighting for their share — not just of money, but of respect, resources and representation, says Madilynne Lee at Anderson Kill.
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9th Circ. Ruling May Help Pharma Cos. Avert Investor Claims
The Ninth Circuit's recent decision affirming the dismissal of a securities fraud class action alleging that Talphera deceived investors by marketing a drug with a misleading slogan should give plaintiffs pause before filing similar complaints where snappy slogans are accompanied by copious clarifying information, say attorneys at Simpson Thacher.
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What Ethics Rules Say On Atty Discipline For Online Speech
Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.
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What's At Stake In High Court's Ill. Ballot Deadline Case
In Bost v. Illinois State Board of Elections, the U.S. Supreme Court will hear arguments next week on whether and when candidates for office have standing to bring prospective challenges to election laws, raising broader issues about the proper timing of federal court election litigation, say Richard Pildes and Samuel Ozer-Staton at NYU School of Law.