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Appellate
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June 13, 2025
5th Circ. Says No Private Right Of Action In No Surprises Act
The Fifth Circuit has ruled a pair of flight ambulance providers cannot pursue their lawsuit seeking to enforce out-of-network billing dispute resolution awards against a health insurance company, saying there's no private right of action built into a 2022 law that protects patients from surprise medical bills.
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June 13, 2025
Calif. State Bar Is Immune From Atty's ADA Suit, 9th Circ. Says
The Ninth Circuit on Friday declined to revive an attorney's claims alleging the California State Bar violated the Americans with Disabilities Act by not granting extra time to respond to disciplinary action based on outstanding debt, finding the bar, as an arm of the state, is entitled to sovereign immunity.
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June 13, 2025
DC Circ. Urged To Reject Approval For Braille-Free Drug Label
Vanda Pharmaceuticals Inc. is urging the D.C. Circuit to reverse a lower court decision upholding the U.S. Food and Drug Administration's approval of a generic sleep-disorder drug without Braille labeling, a move the company argues jeopardizes patient safety.
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June 13, 2025
Omitted Jury Instruction Tainted Fraud Trial, DC Circ. Says
A D.C. Circuit panel ruled Friday that a new trial was warranted in a pandemic relief loan fraud case based on the trial court's inadvertent failure to instruct jurors to not draw negative conclusions from the defendant's decision not to testify.
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June 13, 2025
4th Circ. Axes Guilty Plea Over Police Misconduct
The Fourth Circuit vacated a North Carolina man's guilty plea on drug trafficking charges, holding Friday that new information regarding "egregious police misconduct" that plagued the prosecution's case rendered his plea involuntary.
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June 13, 2025
Wash. High Court Suspends Atty Amid Delays In Bar Probe
The Washington State Supreme Court has suspended an Evergreen state attorney's legal license, at the state bar association's request, for allegedly stalling disciplinary investigations into her work representing student families in two federal lawsuits against school districts.
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June 13, 2025
11th Circ. Holds Local GOP Had Right To Bar Anti-Trumpers
An Eleventh Circuit panel has sided with a county-level Georgia Republican Party and reversed a federal district court's dismissal of the party's suit, which looked to vindicate its right to exclude purportedly anti-Trump candidates from qualifying for local office on the GOP ticket.
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June 13, 2025
2nd Circ. Won't Rehear Trump Appeal Of $5M Assault Verdict
The full Second Circuit refused Friday to revisit President Donald Trump's challenge to writer E. Jean Carroll's $5 million sexual assault finding against him, with two judges dissenting.
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June 13, 2025
Pa. Court Faults Agency For Rebuffing Late Child-Death Filing
Pennsylvania's labor regulator should have at least considered accepting a business's late submission of a response to accusations of child labor stemming from a fatal accident with a wood chipper, a state appellate panel ruled Friday in an opinion that clarified when to make exceptions to agency filing deadlines.
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June 13, 2025
3rd Circ. Won't Rehear Bid To Toss Boy Scouts' Ch. 11 Plan
The Third Circuit declined to hold a panel or full court rehearing of its May decision to uphold the Boy Scouts of America's Chapter 11 bankruptcy plan in a pair of Friday orders rejecting petitions by two sets of abuse survivors, with the orders implying some judges on the court had supported taking another look.
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June 13, 2025
Texas Justices Pass On Final 'Love Is Blind' Appeal
The Texas Supreme Court on Friday declined for the third time to intervene in a suit between the producers of Netflix's "Love Is Blind" and a former contestant who says she was sexually assaulted while filming the show.
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June 13, 2025
DC Circ. Sides With FERC In Substation Cost Dispute
A D.C. Circuit panel ruled Friday that the Federal Energy Regulatory Commission got it right when it denied a wind facility operator's petition seeking reimbursement from the Western Area Power Administration for its contribution to a substation expansion.
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June 13, 2025
Midyear Report: 5 ERISA Decisions Attys Should Know
The U.S. Supreme Court revived retirement plan mismanagement allegations against Cornell University, the Sixth Circuit restarted a yacht company's suit against its health benefits administrator and American Airlines took a hit for emphasizing socially conscious investing in its 401(k) plan decisions. Here are five important decisions that came down in Employee Retirement Income Security Act cases during the first half of this year.
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June 13, 2025
Oregon Takes Cannabis Labor Peace Row To 9th Circ.
Oregon officials will appeal a federal judge's order barring enforcement of a voter-approved law that required licensed cannabis businesses to enter into labor peace pacts with their workers.
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June 13, 2025
Grassley Budget Bill Calls For More Use Of Injunction Bonds
Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, has released his portion of the budget reconciliation text, which would bolster the use of injunction bonds to raise the stakes for plaintiffs seeking to halt White House initiatives.
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June 13, 2025
Fed. Circ. Remands Wine Trademark Dispute To TTAB
The Federal Circuit on Friday revived a challenge that Chateau Lynch-Bages' launched against an application for a trademark with a similar name to the chateau's second-label Bordeaux wine, saying the Trademark Trial and Appeal Board must take another look.
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June 13, 2025
Ex-Defender Urges 4th Circ. To 'Fortify' Workplace Protections
A former assistant public defender has doubled down on efforts to revive her sex bias suit against the federal judiciary, telling the Fourth Circuit that siding with the judiciary would further discourage its employees from speaking up or reporting abuse out of fear of retaliation.
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June 13, 2025
Mayer Brown Helps Get Man Off Death Row After 21 Years
A team of Mayer Brown LLP attorneys fought for decades to get the death sentence of a Houston man commuted to life in light of the inmate's intellectual disability, in a case that shows how legal standards have evolved in an area once known as "death county."
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June 13, 2025
Colo. Appeals Upholds State Board Rules On Teacher Reviews
A state appeals court sided with the Colorado State Board of Education in a challenge brought by an educators union against the board's new teacher performance evaluation system and the appeal process for those evaluations, precedentially ruling that the board acted within its delegated authority.
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June 13, 2025
NJ Judge Accepts Feds' New Bid To Keep Khalil Jailed
A New Jersey federal judge on Friday declined Columbia graduate student Mahmoud Khalil's request to be released from immigration detention after the Trump administration said earlier in the day it has alternative grounds to keep him behind bars.
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June 12, 2025
Feds Urge 1st Circ. To Allow End Of Immigrant Parole Program
The Trump administration Wednesday urged the First Circuit to lift a district court's block on the federal government from rescinding temporary Biden-era removal protections from more than 500,000 Cuban, Haitian, Nicaraguan and Venezuelan immigrants, saying the U.S. Supreme Court already hinted that the order was a mistake.
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June 12, 2025
Ex-UPS Workers Urge 9th Circ. To Revive State Law Claims
An attorney for some former United Parcel Service workers urged a Ninth Circuit panel Thursday to undo a decision barring them from proceeding with some state employment claims because the workers memorialized them on union grievance forms, telling the panel the claims aren't preempted by federal law.
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June 12, 2025
7th Circ. Backs Hartford's Denial Of Benefits To Ex-PwC Exec
The Seventh Circuit on Thursday refused to revive a lawsuit by a former PricewaterhouseCoopers LLP executive accusing the accounting firm's disability insurance provider of wrongly denying her long-term disability benefits for her fibromyalgia, affirming a lower court's "detailed and diligent opinion" that found her condition limiting, but not disabling.
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June 12, 2025
Publisher Slams Lindberg's 'Inappropriate' Use Of Affidavit
A publisher seeking to collect on a $1.24 million judgment from a Florida holding company linked to convicted insurance fraudster Greg Lindberg pushed back Wednesday at Lindberg's bid to avoid the payout, telling a North Carolina appeals court that it's "inappropriate" of him to use a 2-year-old filing in a separate case to back his argument.
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June 12, 2025
Arbitration Order Reversed In Fla. Medical Office Battery Case
A Florida state appellate court reversed an order for a doctor's lawsuit alleging she was battered by a fellow shareholder of their medical practice to be resolved out of court, allowing the case to be tried before a jury.
Expert Analysis
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Opinion
Address Nationwide Injunction Issues With Random Venues
Many of the qualms about individual district court judges' authority to issue nationwide injunctions could be solved with a simple legislative solution: handling multiple complaints about the same agency action filed in different district courts by assigning a venue via random selection, says Harvey Reiter at Stinson.
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Series
Adapting To Private Practice: From US Attorney To BigLaw
When I transitioned to private practice after government service — most recently as the U.S. attorney for the Eastern District of Virginia — I learned there are more similarities between the two jobs than many realize, with both disciplines requiring resourcefulness, zealous advocacy and foresight, says Zach Terwilliger at V&E.
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11th Circ. Ruling Warns Parties To Follow Arbitral Rules
The Eleventh Circuit's recent decision in Merritt Island Woodwerx v. Space Coast is important for companies utilizing arbitration clauses because it clearly demonstrates the court's intent to hold noncompliant parties responsible in federal court — regardless of subsequent efforts to cure, says Ed Mullins at Reed Smith.
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2nd Circ. Limits VPPA Liability, But Caveats Remain
The Second Circuit's narrowed scope of the Video Privacy Protection Act in Solomon v. Flipps Media, in which the court adopted the ordinary person standard, will help shield businesses from VPPA liability, but the decision hardly provides a free pass to streamers and digital media companies utilizing website pixels, say attorneys at Frankfurt Kurnit.
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The Ins And Outs Of Consensual Judicial References
As parties consider the possibility of judicial reference to resolve complex disputes, it is critical to understand how the process works, why it's gaining traction, and why carefully crafted agreements make all the difference, say attorneys at Pillsbury.
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SpaceX Labor Suit May Bring Cosmic Jurisdictional Shifts
The National Mediation Board's upcoming decision about whether SpaceX falls under the purview of the National Labor Relations Act or the Railway Labor Act could establish how jurisdictional boundaries are determined for employers that toe the line, with tangible consequences for decades to come, say attorneys at Davis Wright.
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Opinion
The BigLaw Settlements Are About Risk, Not Profit
The nine Am Law 100 firms that settled with the Trump administration likely did so because of the personal risk faced by equity partners in today's billion‑dollar national practices, enabled by an ethics rule primed for modernization, says Adam Forest at Scale.
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Opinion
Courts Must Revitalize Robust Claim Construction
Two Federal Circuit decisions from earlier this year illustrate the rarity of robust claim construction and the underused reverse doctrine of equivalents — a dual problem that prevents courts from clearly delineating and correctly cabining the scope of rights conferred by patent claims, say attorneys at Klarquist Sparkman.
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State Tort Claims May Help Deter Bribes During FCPA Pause
As the U.S. pauses Foreign Corrupt Practices Act enforcement, companies that lose business due to competitors' bribery should consider using state tortious interference suits to expose corruption, deter illegal practices and obtain compensation for commercial losses, says Jason Manning at Levy Firestone.
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2nd Circ. Arb. Ruling May Give Foreign Insurers An Edge
The Second Circuit's decision this month in Lloyds of London v. 3131 Veterans Blvd that international arbitration agreements take primacy over state anti-arbitration insurance laws opens a division between domestic and foreign insurers that could affect the surplus lines market, says attorney Rosanne Felicello.
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Buyer Beware Of Restrictive Covenants In Delaware
Based on recent Delaware Chancery Court opinions rejecting restricted covenants contained in agreements in the sale-of-business context, businesses need to craft narrowly tailored restrictions that have legitimate interests, say attorneys at Saul Ewing.
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Series
Brazilian Jiujitsu Makes Me A Better Lawyer
Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.
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Fed. Circ. Offers Lesson On Gov't Data Rights In Contracts
The Federal Circuit's recent decision in FlightSafety v. Air Force serves as a warning for U.S. Department of Defense contractors attempting to mark their commercial technical data developed at private expense, say attorneys at Butzel Long.
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Birthright Ruling Could Alter Consumer Financial Litigation
The U.S. Supreme Court’s upcoming decision about the validity of the nationwide injunctions in the birthright citizenship cases, argued on May 15, could make it much harder for trade associations to obtain nationwide relief from the Consumer Financial Protection Bureau's enforcement of invalid regulations, says Alan Kaplinsky at Ballard Spahr.
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Fed. Circ. In April: Introducing New Evidence During IPR
The Federal Circuit's decision in Sage Products v. Stewart last month upheld the Patent Trial and Appeal Board's decision to allow a petitioner to rely on case-dispositive evidence beyond prior art references, affording petitioners in inter partes review proceedings greater latitude in the timing of evidence presentation, say attorneys at Knobbe Martens.