Appellate

  • June 02, 2025

    1st Circ. Largely Backs Convictions For Cop Union Kickbacks

    The First Circuit on Monday mostly upheld the convictions of a former Massachusetts state police union president and a Beacon Hill lobbyist who were found guilty of running a kickback scheme, but ordered new sentencing hearings for them after vacating some of the guilty findings.

  • June 02, 2025

    Crypto Business Loses Bid To Arbitrate $1M Refund Fight

    A California state appeals court has affirmed an order denying arbitration between an investment firm and a Cayman Islands cryptocurrency business, ruling that the court, not an arbitrator, had to decide the dispute's proper venue since the parties disagreed over whether an arbitration agreement existed.

  • June 02, 2025

    Trump Renews Call For Justices To Lift Gov't Overhaul Pause

    President Donald Trump asked the U.S. Supreme Court on Monday to lift a California federal judge's order barring the implementation of layoffs and reorganization plans at various federal departments and agencies, arguing the order imposes nonexistent congressional limits on his presidential authority.

  • June 02, 2025

    Florida Court Tosses $28M Verdict Over Ignored Mandate

    A Florida appeals court has vacated a $28 million verdict and ordered a new, bifurcated damages trial in a suit over a car accident, saying the trial court ignored a previous appeals court's mandate to keep evidence that the at-fault driver was drunk out of the compensatory-damages phase.

  • June 02, 2025

    White House Asks DC Circ. To Halt Tariff Injunction

    The White House on Monday asked the D.C. Circuit to hit pause on a lower court ruling that found President Donald Trump's tariffs unlawful, arguing the "legally indefensible preliminary injunction" would impede sensitive trade negotiations if left unchecked.

  • June 02, 2025

    Chinese Rival Shouldn't Get Code Docs, Micron Tells Justices

    Micron Technology Inc. is asking the U.S. Supreme Court to block a Chinese semiconductor competitor from accessing paper copies of sensitive source code during patent infringement litigation, asserting in a petition that a lower court "ignored completely the national-security concerns tied up" in the dispute.

  • June 02, 2025

    Fla. Appeals Court Backs Police In Pot Smell Search Dispute

    A Florida state appeals court has found that the smell of fresh cannabis can be enough to support probable cause for a car search in an area known for crime and drug trafficking, reversing a trial court order that suppressed evidence obtained in such a search.

  • June 02, 2025

    Ga. Panel Urged To Back $17M Honda Seatbelt Verdict

    A Georgia man whose wife was killed after being ejected from her Honda SUV asked a Georgia appellate panel Monday to uphold a $17 million verdict against the automaker, urging the court to reject Honda's arguments that it was wrongly denied the chance to defend itself after its attorneys introduced prohibited materials at the trial's opening.

  • June 02, 2025

    SAP Seeks High Court Review Of Revived Tying Claims

    German software giant SAP on Monday asked the U.S. Supreme Court to look at a Ninth Circuit decision that resuscitated tying claims brought by U.S. rival Teradata, saying the issue of antitrust liability badly needs the court's attention in matters relating to modern, technologically integrated products.

  • June 02, 2025

    8th Circ. OKs Nix Of Suit On Iowa's Quitting Of COVID Benefits

    The Eighth Circuit backed the dismissal of a proposed class action claiming Iowa violated workers' rights by prematurely pulling out of federal pandemic unemployment assistance programs, ruling Monday that the benefits they sought weren't protected by the U.S. Constitution.

  • June 02, 2025

    Justices' Rail Order Irrelevant To Merger Row, DC Circ. Told

    Chicago suburbs challenging federal approval of Canadian Pacific's merger with Kansas City Southern urged the D.C. Circuit on Monday to pay no heed to the U.S. Supreme Court decision restricting government environmental reviews, arguing their own case challenges "other" deficiencies in addition to a failed consideration of broader climate impacts.

  • June 02, 2025

    Justices Urged To Reject Bid Disputing IRS Crypto Summons

    The U.S. Supreme Court should not take up the case of a bitcoin investor who claimed the IRS violated his privacy when it seized his records from the cryptocurrency exchange, the government argued, saying the case is a poor vehicle for addressing concerns about digital-era transactions.

  • June 02, 2025

    Man Sentenced To 50-To-Life As Teen Wins Bid For Review

    A California appellate panel has revived a man's bid to be resentenced for a murder he committed as a teenager, ruling that his 50-years-to-life sentence is effectively the same as life without parole and qualifies for review under a state law aimed at juvenile offenders.

  • June 02, 2025

    2nd Circ. Won't Let Skier Enforce Pulled Settlement Offer

    The Second Circuit isn't letting an injured skier enforce a settlement he attempted to accept just before a jury sided with the ski resort he was suing, with the appellate court finding Friday that his positions are inconsistent and that allowing enforcement would be unfair.

  • June 02, 2025

    Minn. Justices Prod Humana On Pharmacy Benefit Sourcing

    Minnesota Supreme Court justices appeared skeptical Monday of a Humana subsidiary's arguments that sales of pharmacy benefit services attributed to the state should be sourced to a Humana unit based in Wisconsin.

  • June 02, 2025

    Judge Out Of Line In Undoing $1M LSD Verdict, 5th Circ. Told

    A man who became a quadriplegic after ingesting LSD told the Fifth Circuit that a Houston judge didn't have the authority to undo a jury's decision putting an insurance company on the hook for his $1 million injury settlement.

  • June 02, 2025

    3rd Circ. Backs Religious Bias Suit Over Fire Dept. Beard Ban

    The Third Circuit ruled that Atlantic City, New Jersey, may have been able to accommodate a fire department worker who wanted to grow a beard under his Christian beliefs, partially reinstating the worker's suit claiming he was illegally denied a carveout to the grooming policy.

  • June 02, 2025

    Report Finds Del. Court Jumbo Fees Rival Federal System

    Delaware's corporation law courts have overshadowed the entire federal court system for some class attorney fees based on multiples of usual rate benchmarks, according to two Stanford Law School researchers whose findings have already caught the attention of a top state lawmaker.

  • June 02, 2025

    Third Round Of Fixes Sought In Botched Calif. Bar Exam

    The California state bar's committee of bar examiners has approved two additional remedies in an effort to help applicants who failed the troubled February exam, including asking the state Supreme Court to approve a further scoring adjustment that would bring the passing rate up to about 63%.

  • June 02, 2025

    Justices Want Gov't View On Duke Energy Monopoly Suit

    The U.S. Supreme Court asked the Solicitor General on Monday to provide the government's view on a ruling that revived antitrust claims accusing Duke Energy of squeezing a rival out of the power market in North Carolina.

  • June 02, 2025

    Ga. Appeals Court To Review Arbitration Of Firm Fee Fight

    The Georgia state court of appeals on Monday agreed to consider whether a law firm's lawsuit against its former client over legal fees should move forward in the trial court that ordered the case to arbitration, with both sides accusing the other of "gamesmanship."

  • June 02, 2025

    Judicial Clerk Boycott May Be Unethical, Circ. Judge Says

    A North Dakota federal judge's pledge not to hire law clerks from Columbia University because of the school's response to campus protests against Israel's war in Gaza may "cross an important line," the Eighth Circuit's chief judge said, even as he dismissed an ethics complaint stemming from the boycott.

  • June 02, 2025

    Womble Bond Atty Asks 4th Circ. To Undo Contempt Order

    A series of federal court errors led to a Womble Bond Dickinson partner being wrongly held in contempt over a $28 million trademark dispute between a Dutch technology company and its former U.S. partner, the lawyer told the Fourth Circuit in a brief Friday, urging the appeals panel to reverse the order.

  • June 02, 2025

    FERC 'Never' Considered Costs Of NW Pipeline, 5th Circ. Told

    The state of Washington told a Fifth Circuit panel Monday that the Federal Energy Regulatory Commission " never rationally considered what the true costs" were for a TC Energy Corp. pipeline expansion project in the Pacific Northwest.

  • June 02, 2025

    1st Circ. Partially Revives 'Varsity Blues' Conviction

    The First Circuit has reinstated one of the two convictions against a former University of Southern California coach in the "Varsity Blues" college admissions case, saying a federal district court "did not explain" its decision to wipe out the entire verdict.

Expert Analysis

  • 7 Tips For Associates To Thrive In Hybrid Work Environments

    Excerpt from Practical Guidance
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    As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.

  • Series

    Playing Beach Volleyball Makes Me A Better Lawyer

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    My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

  • 30 Years Later: How PSLRA Has Improved Securities Litigation

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    In the 30 years since the Private Securities Litigation Reform Act's passage, the statute has achieved its purpose of shifting securities class actions to investors most capable of monitoring the litigation, selecting competent counsel at competitive rates and maximizing recoveries for the investor classes they represent, say attorneys at Bernstein Litowitz.

  • Terraform Case May Be Bellwether For Crypto Enforcement

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    The prosecution of crypto company Terraform Labs and its CEO, Do Kwon, offers a unique test of the line between lawful and unlawful conduct in digital transactions, and the Trump administration’s posture toward the case will provide clues about its cryptocurrency enforcement agenda in the years to come, say attorneys at Brooks Pierce.

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • What's At Stake In High Court's Class Member Standing Case

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    The U.S. Supreme Court’s eventual decision in Labcorp v. Davis could significantly alter how parties prosecute and defend class actions in federal court, particularly if the court determines some proof of member standing is required before a class may be certified, say attorneys at Reed Smith.

  • What Remedies Under New Admin's SEC Could Look Like

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    The U.S. Securities and Exchange Commission is likely to substantially narrow the remedies it pursues over the next few years, driven by the mounting challenges it faces in court, as well as the views of its incoming chair and fellow Republican commissioners on injunctions, penalties and disgorgement, say attorneys at Milbank.

  • Patent Eligibility Insights From Fed. Circ.'s Drill Bit Ruling

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    The Federal Circuit's recent decision in US Synthetic Corp. v. ITC addresses critical issues in patent eligibility jurisprudence, especially regarding composition-of-matter claims and Section 101 challenges, says Daniel Yannuzzi at Sheppard Mullin.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

  • What SDNY Judge Can And Can't Do In Adams Case

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    The federal judge in the Southern District of New York overseeing the criminal case against New York City Mayor Eric Adams deferred making a decision on the government's motion to dismiss the indictment, and while he does have limited authority to deny the motion, that would ultimately be a futile gesture, says Ethan Greenberg at Anderson Kill.

  • Drug Kickback Ruling Will Make FCA Liability Harder To Prove

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    The First Circuit's ruling in U.S. v. Regeneron Pharmaceuticals, requiring the government to prove but-for causation to establish False Claims Act liability based on violations of the Anti-Kickback Statute, raises the bar for FCA enforcement and deepens a circuit split that the U.S. Supreme Court may need to resolve, say attorneys at Baker Donelson.

  • Notable Q4 Updates In Insurance Class Actions

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    In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.

  • Expropriation Claims After Justices' Holocaust Asset Ruling

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    The U.S. Supreme Court's recent decision in Hungary v. Simon, rejecting Holocaust survivors' claims against the Hungarian government under the Foreign Sovereign Immunities Act's expropriation exception, continues the trend of narrowly interpreting that exception and offers important guidance for future plaintiffs considering such claims, say attorneys at MoloLamken.

  • Series

    Racing Corvettes Makes Me A Better Lawyer

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    The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.

  • Questions Remain After Justices' Narrow E-Rate FCA Ruling

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    The U.S. Supreme Court’s recent decision in Wisconsin Bell, holding that requests for reimbursement from the Federal Communications Commission's E-Rate program are subject to False Claims Act liability, resolves one important question but leaves several others open, says Jason Neal at HWG.

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