Appellate

  • September 26, 2025

    No Immunity For Schools In Abuse Cases, NJ Justices Hear

    Counsel for sex abuse victims urged the New Jersey Supreme Court on Friday to find that a 2019 law removes immunity for public entities sued over the actions of staffers, saying during an oral argument that a lower appeals court misinterpreted the statute.

  • September 26, 2025

    Meta Set To Appeal Flo Privacy Verdict As Users Seek Billions

    Meta is gearing up to appeal a California federal jury verdict that found it liable for using a data analytics tool to illegally retrieve sensitive health data from users of the popular menstrual tracking app Flo, the company disclosed in a posttrial filing in which the plaintiffs separately asked the court to award statutory damages that could reach the billions.

  • September 26, 2025

    Exxon Beats BP's Defense Claims In Brooklyn Oil Spill Row

    Exxon Mobil Corp. wasn't required to defend BP Products North America against lawsuits resulting from a Brooklyn oil spill nearly 50 years ago — or pay its multimillion-dollar legal tab — the Second Circuit ruled Friday, saying that an Illinois "complete defense" rule applicable to insurers doesn't cover indemnification deals between non-insurers.

  • September 26, 2025

    Trump Says Cook Can't Rely On 'Mantra' Of Fed Independence

    The Trump administration Friday fired back at Federal Reserve Gov. Lisa Cook's argument that the Fed's independence is at stake if the president is allowed to fire her, arguing before the U.S. Supreme Court that Cook invokes "the mantra of Federal Reserve independence" to impose removal protections Congress never enacted.

  • September 26, 2025

    Full Fed. Circ. Told There's Mixed Transfer Law In Patent Case

    Software company VirtaMove Corp. is doubling down on efforts to keep its patent infringement suits against Amazon and Google in the Western District of Texas, telling the full Federal Circuit that a panel strayed from Fifth Circuit precedent by declining to disturb the suits' transfer to California.

  • September 26, 2025

    BIA Releases More Precedential Immigration Decisions

    The Board of Immigration Appeals has released two more decisions designated as precedential, adding to the Trump administration's growing tally of opinions that are binding upon the board.

  • September 26, 2025

    Zillow Loses 9th Circ. Bid To Undo Investor Class Cert.

    The Ninth Circuit on Friday affirmed a lower court's decision to grant class certification in an investor suit claiming Zillow Group Inc. oversold a now-shuttered home-buying program, rejecting the real estate listing site's arguments that the lower court did not correctly apply the U.S. Supreme Court's Goldman decision to the class certification bid.

  • September 26, 2025

    DC Circ. Examines FERC's Revised Grid Hookup Policy

    The D.C. Circuit is set to decide whether the Federal Energy Regulatory Commission made a mistake when overhauling its policy for hooking up new power projects to the grid, after spending the entire morning and part of the afternoon Friday going over the penalty framework.

  • September 26, 2025

    Fed. Circ. Won't Gamble On Lottery Ticket Patent Without Suit

    The Federal Circuit on Friday dismissed Interactive Communications International's appeal of a Patent Trial and Appeal Board decision declining to invalidate claims in a preprinted lottery ticket patent, saying the company lacks standing since it isn't facing a lawsuit by the patent owner.

  • September 26, 2025

    9th Circ. Nixes Murder Restitution Over Spousal Interest

    The federal government cannot seize as restitution a retirement account belonging to a man sentenced to life in prison for murdering two of his U.S. Coast Guard colleagues at an Alaska maintenance facility in 2012 because his wife has an interest in the account, a Ninth Circuit panel ruled Friday.

  • September 26, 2025

    CareDx Asks 3rd Circ. To Rethink $45M False Ad Case

    Medical testing company CareDx has asked the Third Circuit for a panel rehearing or a rehearing before the entire circuit to consider reinstating a $45 million jury award in a false advertisement case over genetic testing technology against rival Natera.

  • September 26, 2025

    Google Asks High Court To Pause Epic Play Store Order

    Google has asked the U.S. Supreme Court to pause parts of the order won by Epic Games in its antitrust case targeting the tech giant's app store policies, saying the sweeping injunction threatens to create security and privacy concerns for millions of users.

  • September 26, 2025

    Boeing Pushes 9th Circ. To Rethink $72M Trade Secret Verdict

    Boeing has urged the Ninth Circuit to reconsider an August decision reinstating a $72 million jury verdict against the aircraft giant in an electric jet startup's trade secret case, saying the appellate panel decision creates "confusion, conflict, and injustice."

  • September 26, 2025

    Citizens Lack Standing To Force Election Probe, Per Ga. Panel

    The Georgia Court of Appeals said Friday that a trial court rightly scuttled a suit trying to force the appointment of a special prosecutor to probe a state official suspected of involvement in Georgia's election interference case, but the lower court failed to take the necessary step to dismiss the case outright.

  • September 26, 2025

    Agents Seek Stay In Fatal Ariz. Shooting Amid 9th Circ. Appeal

    The federal government and three U.S. Customs and Border Patrol agents are asking an Arizona federal court to pause a lawsuit alleging the agents wrongfully shot and killed a Tohono O'odham Nation man until the Ninth Circuit weighs in on whether they are immune from the claims.

  • September 26, 2025

    Fla. Urges 11th Circ. To Remand Snap Inc. Suit To State Court

    The Florida Office of the Attorney General urged the Eleventh Circuit to undo an order blocking enforcement of a law that requires Snap Inc. to limit teens' access to the platform, arguing the case belongs in state court. 

  • September 26, 2025

    DC Circ. Won't Stop FDA From Approving Entresto Generic

    The D.C. Circuit on Friday shot down Novartis' attempt to block the U.S. Food and Drug Administration's approval of a generic version of its most lucrative drug, the heart disease medication Entresto.

  • September 26, 2025

    2nd Circ. Urged To Rethink Afghan Central Bank Ruling

    Victims of two terrorist attacks have called on the en banc Second Circuit to reconsider a panel's August decision rejecting their attempts to secure blocked funds held by the central bank of Afghanistan, arguing the panel ignored U.S. Supreme Court and Second Circuit precedents.

  • September 26, 2025

    Off The Bench: NCAA Mostly Beats Trans Suit, Faces Another

    In this week's Off The Bench, the NCAA beat the majority of claims over its former transgender policy, but faced a new lawsuit in New York, along with the State University of New York, stemming from its current ban of transgender athletes competing in women's sports.

  • September 26, 2025

    Clinic Defends Legal Malpractice Suit Over Ex-Eagle's Case

    A Philadelphia judge should overrule a law firm's attempts to fight malpractice claims tied to a professional negligence case brought by onetime Philadelphia Eagles safety Chris Maragos over his care following a knee injury, a medical clinic has argued, telling the court that the firm's objections are legally barred.

  • September 26, 2025

    Court Agrees To Venue Transfer In Worker Death Suit

    A Pennsylvania appeals court has agreed with a Philadelphia County trial court that a suit against Hanover Foods Corp. over the death of a worker who fell into a bean hopper properly belongs in York County.

  • September 26, 2025

    Judge Won't Halt EPA's $3B Climate Grant Cuts During Appeal

    A Washington, D.C., federal judge denied conservation groups' and local governments' effort to stop the U.S. Environmental Protection Agency from ending a $3 billion climate grant program while they appeal the dismissal of their lawsuit.

  • September 26, 2025

    9th Circ. Halts Vegas Newspaper Ruling For High Court Appeal

    The Ninth Circuit has stayed its ruling that a long-standing arrangement between the Las Vegas Sun and the Las Vegas Review-Journal is unlawful while the Sun appeals to the U.S. Supreme Court to preserve the pact.

  • September 26, 2025

    Mich. High Court To Revisit Wrongful Death Tolling Rule

    The Michigan Supreme Court said on Friday it would weigh whether a required notice period for medical malpractice claims extends the time wrongful death plaintiffs may wait to sue, revisiting a question it decided in 2004. 

  • September 26, 2025

    DC Circ. Revives FCA Suit Against US Cellular

    U.S. Cellular Corp. must face a lawsuit from two whistleblowers alleging it used a sham business to fraudulently obtain discounted spectrum licenses through Federal Communications Commission auctions, a D.C. Circuit panel ruled Friday in overturning a lower court.

Expert Analysis

  • Series

    Competing In Modern Pentathlon Makes Me A Better Lawyer

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    Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.

  • NY Case Shows How LLC Agreements Can Be Amended

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    The New York Court of Appeals in Behler v. Tao recently held that a merger clause contained in an amended limited liability company agreement superseded and extinguished an alleged oral agreement between the parties, highlighting the importance of determining early how and when an LLC agreement may be amended, says Kerrin Klein at Olshan Frome.

  • If Justices Accept, Maxwell Case May Clarify Meaning Of 'US'

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    If the U.S. Supreme Court agrees to take up Ghislaine Maxwell’s appeal, it could clarify the meaning of “United States” in the context of plea agreements, and a plain language interpretation of the term would offer criminal defendants fairness and finality, say attorneys at Kudman Trachten.

  • The State Of Play In Copyright Protection For Floor Plans

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    With questions over copyright protections for floor plans potentially teed up in front of the U.S. Supreme Court, attorneys in the real estate industry should take steps to clarify and strengthen clients' rights and reduce the risk of litigation, says Dylan I. Scher at Quinn Emanuel.

  • Series

    Law School's Missed Lessons: Teaching Yourself Legal Tech

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    New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.

  • Opinion

    Legacy Of 3 Justices Should Guide Transgender Rights Ruling

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    Three Republican-appointed U.S. Supreme Court justices — Anthony Kennedy, Sandra Day O'Connor and David Souter — gave rise to a jurisprudence of personal liberty that courts today invoke to protect gender-affirming care, and with the court now poised to decide U.S. v. Skrmetti, it must follow the path that they set, says Greg Fosheim at McDermott.

  • How IPR Estoppel Ruling May Clash With PTAB Landscape

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    Though the Federal Circuit's narrowing of inter partes review estoppel in Ingenico v. Ioengine might encourage more petitions, tougher standards for discretionary denial established by the U.S. Patent and Trademark Office could be a counterbalancing factor, say attorneys at Troutman Pepper.

  • Texas Ruling Emphasizes Limits Of Franchisors' Liability

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    The Texas Supreme Court's recent ruling in Massage Heights Franchising v. Hagman, holding that a franchisor was not liable to a customer for the actions of a franchisee's employee, helps clarify the relative roles and responsibilities of the parties in such situations — and the limits of franchisors' duty of care, say attorneys at Polsinelli.

  • How AI May Reshape The Future Of Adjudication

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    As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.

  • Justices' Charter School Tie Delays Church-State Reckoning

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    The U.S. Supreme Court’s recent deadlock in Oklahoma Statewide Virtual Charter School Board v. Drummond, blocking the creation of the nation’s first religious charter school, preserved the separation of church and state for now, but offered little reassurance about its continued viability, says Jeffrey Sultanik at Fox Rothschild.

  • When Legal Advocacy Crosses The Line Into Incivility

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    As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.

  • Florida Case Could Redefine Construction Defect Damages

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    If a Florida appellate court overturns the trial court in a pending construction contract dispute, the state could experience a seismic shift in construction defect damages, effectively leaving homeowners and developers with an incomplete remedy, says Andrew Gold at Akerman.

  • 2 NY Rulings May Stem Foreign Co. Derivative Suits

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    In recent decades, shareholders have challenged the internal affairs doctrine by bringing a series of derivative actions in New York state court on behalf of foreign corporations, but the New York Court of Appeals' recent rulings in Ezrasons v. Rudd and Haussmann v. Baumann should slow that trend, say attorneys at Cleary.

  • 8th Circ. Ruling Highlights Complicated Remote Work Analysis

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    The Eighth Circuit’s recent opinion in Kuklenski v. Medtronic USA demonstrates that the applicability of employment laws to remote workers is often a fact-driven analysis, highlighting several parameters to consider when evaluating what state and local laws may apply to employees who work remotely, say attorneys at Vedder Price.

  • Class Standing Issues Still Murky After Justices Punt LabCorp

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    While litigants and district courts had hoped the U.S. Supreme Court's ruling in LabCorp v. Davis would provide much-needed clarity on the interplay between Article III standing and class certification, the court's failure to rule on the issue leaves disagreement, confusion and uncertainty for stakeholders, says Erica Rutner at Cozen O'Connor.

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