Appellate

  • October 16, 2025

    Protests Aren't Rebellions Justifying The Guard, 7th Circ. Says

    The Seventh Circuit elaborated Thursday on its reasoning for denying the Trump administration's request to stay a ruling blocking the deployment of National Guard troops to Chicago, noting that "spirited, sustained and occasionally violent actions" of protest demonstrators, without more, don't constitute a "rebellion" that would justify deploying the Guard.

  • October 16, 2025

    Farmers Urge Wash. Justices To Void Fuel Exemption Regs

    A Washington Supreme Court justice suggested Thursday that the state's framework for an exemption under its greenhouse gas "cap-and-invest" program has fallen short of lawmakers' express goal of ensuring farmers have access to surcharge-free fuel for agricultural purposes.

  • October 16, 2025

    7th Circ. Affirms French Montana's Win In Copyright Case

    The Seventh Circuit on Thursday backed French Montana's win in a copyright case brought by a musician who alleged the rapper sampled his instrumental song to make the hit single "Ain't Worried About Nothin'," saying there wasn't evidence to show Montana duplicated the work "as opposed to merely imitating it."

  • October 16, 2025

    Kalshi Tells 4th Circ. Md. Is Stepping On CFTC Oversight

    Maryland federal judge was wrong to reject sports betting company Kalshi's argument that its so-called prediction market, which allows users to wager on the outcome of real-world events, counts as a federal derivative exchange, the company said to the Fourth Circuit.

  • October 16, 2025

    Army Vets Say Fluor Deviating From 4th Circ. Ruling

    A U.S. Army veteran told the U.S. Supreme Court that defense contractor Fluor Corp. has "abandoned the Fourth Circuit's rationale" in defending a panel's decision that affirmed the dismissal of his state-based injury claims stemming from a 2016 suicide bombing in Afghanistan.

  • October 16, 2025

    Justices Told Presidential Firing Limits Rely On 'Soured' Logic

    President Donald Trump and a cadre of supporters have urged the U.S. Supreme Court to wipe out what remains of a 90-year-old ruling that empowers Congress to prohibit the president from firing certain agency officials at will, arguing the decision was flawed when originally issued and is now well past its prime. 

  • October 16, 2025

    Texas Panel Blocks Hospital Subpoenas In Trans Care Suit

    A Texas appellate court on Thursday directed a trial court to withdraw an order requiring two Dallas hospitals to turn over documents concerning alleged gender affirming care, saying the lower court abused its discretion since nonparty patients had motions for protection pending in another court.

  • October 16, 2025

    Peloton Moves To Toss Investors' Revived COVID-19 Suit

    Peloton has once again moved to dismiss a proposed class action lawsuit revived by the Second Circuit last month, saying that investors couldn't prove executives intentionally misled them into believing that a spike in demand during the first year of the COVID-19 pandemic was sustainable.

  • October 16, 2025

    Generics Makers Urge 3rd Circ. To Nix Price-Fixing Classes

    Actavis and Mylan have urged the Third Circuit to reverse the certification of two classes of buyers for a pair of medications in the sprawling multidistrict litigation over alleged price-fixing in the generic drug industry.

  • October 16, 2025

    Fed. Circ. Affirms Dismissal Of Nev. Tribe's $208M Breach Suit

    The Federal Circuit on Thursday said it won't overturn a Court of Federal Claims' decision to dismiss the Winnemucca Indian Colony's $208 million breach of trust allegations against the Bureau of Indian Affairs, saying the Nevada tribe failed to identify a substantive source of law that requires compensation.

  • October 16, 2025

    USPTO Says Fed. Circ. Should Skip 'Settled Expectations' Case

    The U.S. Patent and Trademark Office wants the Federal Circuit to reject a challenge to the way the agency has denied review of patents based on the owner's "settled expectations," saying Thursday it has full discretion on whether to review patents or not.

  • October 16, 2025

    Fla. Panel Revives Relief Bid After Key Witnesses Recant

    A Florida appeals court ordered that a man should be given a second chance at post-conviction relief after finding his attorneys did not spend adequate time advising him on whether he should testify to rebut evidence from two key prosecution witnesses who later recanted.

  • October 16, 2025

    Fla. Asks Justices To Halt Calif., Wash. Truck Licensing Lapses

    Florida has taken steps to sue California and Washington in the U.S. Supreme Court, alleging the Democratic-led states have flouted federal law by allowing unauthorized immigrants to obtain commercial drivers licenses to haul big rigs cross-country, endangering motorists and causing "mayhem" on roadways.

  • October 16, 2025

    Fed. Circ. Won't Revive Gesture Patent After Reexam

    The Federal Circuit on Thursday backed a Patent Trial and Appeal Board decision that tossed claims in a motion sensor patent owned by Gesture Technology Partners LLC, the latest development in a larger patent dispute involving the company.

  • October 16, 2025

    Mich. Panel Tosses Black Deputy Wardens' Race Bias Suit

    A Michigan appellate panel has spared the state's corrections agency from a discrimination lawsuit filed by two Black deputy wardens who said they were passed over for warden roles that went to white colleagues.

  • October 16, 2025

    4th Circ. Says No Recourse For Men Imprisoned Extra Year

    The Fourth Circuit said there could be no recourse in federal court for two inmates who spent an extra year in prison because of Virginia Attorney General Jason Miyares' incorrect interpretation of a state law that granted the men enough credits for good behavior to be released in 2022.

  • October 16, 2025

    Chamber Says Justices Must Address No-Poach Ruling

    The U.S. Chamber of Commerce and a trade association have urged the U.S. Supreme Court to review a proposed class action accusing shipbuilders for the U.S. military of conspiring to suppress wages, saying keeping the case alive could cause a cascade of antitrust litigation over decades-old conduct.

  • October 16, 2025

    Insurer Didn't Owe Coverage To IT Co. In BIPA Violation Suit

    An insurer had no duty to defend or indemnify an information technology company in a class action alleging violations of Illinois' Biometric Information Privacy Act, a state appeals court affirmed, finding that underlying events occurred before the claims-made policy's retroactive date.

  • October 16, 2025

    Jazz Denied Preferred Drug Royalty Rate, But Still Gets Boost

    A Delaware federal judge has agreed to increase the royalty rate a specialty drugmaker has to pay drug manufacturer Jazz Pharmaceuticals Inc. for using a patented process behind a newer narcolepsy drug, but by less than what Jazz asked for.

  • October 16, 2025

    High Court's FCC Broadcast Rulings Criticized As 'Outdated'

    A think tank called for overturning two U.S. Supreme Court rulings from decades ago that gave the Federal Communications Commission authority to regulate broadcast speech, saying the decisions don't match the realities of today's economy.

  • October 16, 2025

    6th Circ. Backs Air Force's Win In Ex-Worker's Race Bias Suit

    The Sixth Circuit refused to reopen a former military salesman's lawsuit alleging the Air Force repeatedly disciplined him and threatened to fire him because he's a Black man, ruling the civilian worker hadn't provided enough evidence to keep his claims in court.

  • October 16, 2025

    Aerospace Workers Appeal 401(k) Suit Toss To 9th Circ.

    Aerospace technology company workers told a California federal court Thursday that they'll seek Ninth Circuit review of the court's September decision to toss their proposed class action alleging an employee 401(k) plan was saddled with costly and underperforming investment options. 

  • October 16, 2025

    Justices Urged To Hear Mich. Tax Foreclosure Case

    A property owner has asked the U.S. Supreme Court to weigh in on her case alleging a Michigan county improperly kept the excess proceeds of her tax-foreclosed home sale, arguing the justices should settle a conflict among circuits and calling the state's process to claim such proceeds too restrictive.

  • October 16, 2025

    4th Circ. OKs $811M Award In CFPB Immigrant Bond Co. Suit

    The Fourth Circuit has affirmed an $811 million judgment awarded to the Consumer Financial Protection Bureau in its enforcement case against immigrant bond companies accused of engaging in abusive practices.

  • October 16, 2025

    Justices Asked To Rethink Gellert Seitz Malpractice Ruling

    Lawyers for a homebuilder are asking Delaware's Supreme Court to reconsider its decision affirming the dismissal of a legal malpractice suit against Gellert Seitz Busenkell & Brown LLC over damages the builder said it suffered due to the firm's negligence handling loan-restructuring disputes, arguing that key issues have been left unresolved.

Expert Analysis

  • Parenting Skills That Can Help Lawyers Thrive Professionally

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    As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.

  • Enablement Standard Insights From Fed. Circ. Agilent Ruling

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    The Federal Circuit's recent enablement standard decision in Agilent v. Synthego underscores three critical takeaways for patent practitioners, including reaffirmation that the enablement inquiry under Section 102 of the Patent Act is distinct from the inquiry under Section 112, say attorneys at MoFo.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven decisions pertaining to attorney fees in class action settlements, the predominance requirement in automobile insurance cases, how the no mootness exception applies if the named plaintiff is potentially subject to a strong individual defense, and more.

  • Series

    Teaching Trial Advocacy Makes Us Better Lawyers

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    Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.

  • The Crucial Question Left Unanswered In EpicentRx Decision

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    The California Supreme Court recently issued its long-awaited decision in EpicentRx Inc. v. Superior Court, resolving a dispute regarding the enforceability of forum selection clauses, but the question remains whether private companies can trust that courts will continue to consistently enforce forum selection clauses in corporate charters, says John Yow at Yow PC.

  • 5 Key Steps To Prepare For Oral Arguments

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    Whether presenting oral arguments before the U.S. Supreme Court or a local county judge, effective preparation includes the same essential ingredients, from organizing arguments in blocks to maximizing the potential of mock exercises, says Allison Rocker at Baker McKenzie.

  • Maryland High Court Ruling Clarifies Claim Assignment

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    In its recent opinion in Featherfall Restoration, the Maryland Supreme Court reemphasized a policyholder's ability to assign a claim despite the presence of general liability policy language requiring an insurer's written consent, nevertheless highlighting the importance of specific wording, say attorneys at Bradley Arant.

  • Why EpicentRx Ruling Is A Major Win For Business Certainty

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    The California Supreme Court's recent decision in EpicentRx v. Superior Court removes a significant source of uncertainty that plagued commercial litigation in California by clarifying that forum selection clauses shouldn't be invalidated solely because the selected forum lacks the right to a jury trial, say attorneys at Clark Hill.

  • 9th Circ. Finding That NFTs Are Goods Will Change TM Law

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    The Ninth Circuit's recent ruling in Yuga Labs v. Ripps establishes that NFTs have real, commercial value under U.S. federal trademark law, a new legal precedent that may significantly influence intellectual property enforcement and marketplace policies regarding digital assets going forward, say attorneys at Wilson Elser.

  • Series

    Adapting To Private Practice: From Texas AUSA To BigLaw

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    As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.

  • Union Interference Lessons From 5th Circ. Apple Ruling

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    The Fifth Circuit's recent holding that Apple did not violate the National Labor Relations Act during a store's union organizing drive provides guidance on what constitutes coercive interrogation and clarifies how consistently enforced workplace policies may be applied to union literature, say attorneys at Proskauer.

  • 3 Rulings Show Hurdles To Proving Market Manipulation Fraud

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    Three recent conviction reversals from New York federal courts highlight the challenges that prosecutors face in establishing fraud and market manipulation allegations, suggesting that courts are increasingly reluctant to find criminal liability when novel theories are advanced, say attorneys at WilmerHale.

  • Drafting M&A Docs After Delaware Corp. Law Amendments

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    Attorneys at Greenberg Traurig discuss how the March and June amendments to the Delaware General Corporation Law affect the drafting of corporate and M&A documents, including board resolutions, governing documents, and books and records demands.

  • Advice For 1st-Gen Lawyers Entering The Legal Profession

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    Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.

  • High Court E-Cig Ruling Opens Door For FDA Challenges

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    There will likely be more challenges to marketing denial orders brought before the Fifth Circuit following the Supreme Court's recent ruling in U.S. Food and Drug Administration v. R.J. Reynolds Vapor Co., where litigants have generally had greater success, say attorneys at Troutman Pepper.

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