Appellate

  • November 18, 2025

    YouTube Channel Can't Recover Costs In IP Fight After Appeal

    A man who claimed co-authorship of a disclaimer notice used on a YouTube channel about mental health has persuaded an appellate court to set aside an order requiring him to pay the legal costs of the educational platform he was suing for copyright infringement after proving that the previous judge ignored key parts of his plea.

  • November 18, 2025

    4th Circ. Restores Trade Secrets Suit Against Insurance Execs

    The Fourth Circuit on Tuesday revived insurer Sherbrooke Corp.'s claims of trade secrets theft against three former executives, disagreeing with a district judge who found that the company had not made enough of an effort to guard the software in question.

  • November 18, 2025

    Rumble Alerts 9th Circ. To Recusal Bid Over Google Ties

    Days after Rumble asked a California federal judge to consider recusal in the event the Ninth Circuit revives its antitrust lawsuit against Google, the video-sharing site flagged its recusal bid to the Ninth Circuit itself, filing a motion for judicial notice of the district court judge's friendship with Google's top in-house litigation chief.

  • November 18, 2025

    Ill. Justices Mull If Permits Override Pollution Exclusions

    Counsel for a sterilization company and its former parent seeking defense costs for hundreds of lawsuits over ethylene oxide emissions at a suburban Chicago facility urged the Illinois Supreme Court on Tuesday to find a pollution exclusion in their insurance policy doesn't apply to emissions allowed under a state permit, insisting the policyholders are not polluters under Illinois law or "in the general sense of the word."

  • November 18, 2025

    Texas Court Wipes Out $700K Verdict Against Security Firm

    A Texas appellate court on Tuesday tossed a $700,000 jury verdict against a security company found liable for injuries suffered by a security guard who was stabbed by another employee, finding insufficient evidence to support claims that the security firm's alleged negligence caused the incident.

  • November 18, 2025

    Trump Asks 11th Circ. For Redo On Clinton, DNC RICO Claims

    President Donald Trump urged the Eleventh Circuit on Tuesday to revive his Florida federal lawsuit alleging a racketeering conspiracy between Hillary Clinton and the Democratic National Committee to thwart his 2016 presidential campaign with false Russian collusion evidence, saying the complaint was tossed without giving him another chance to replead.

  • November 18, 2025

    Judge Details Reasons For Goldstein's Pretrial Motion Losses

    A Maryland federal judge explained in further detail Tuesday her decision against SCOTUSblog co-founder Tom Goldstein on several motions seeking to trim his tax evasion case as it heads to trial next year.

  • November 18, 2025

    McGuireWoods Is Delaying Defamation Case, NC Justices Told

    The former CEO of a managed care organization who alleges McGuireWoods and one of its ex-partners defamed him during a press conference more than seven years ago has told North Carolina's top court not to take up the case, panning their petition as yet another stalling tactic.

  • November 18, 2025

    Agilent Wants Justices To Eye Invalidation Of CRISPR Patents

    Agilent Technologies wants the U.S. Supreme Court to take up its challenge to a Federal Circuit finding that claims in a pair of its patents on the gene-editing tool CRISPR were invalid, arguing the decision conflicts with rules on which side faces the burden of proving invalidity.

  • November 18, 2025

    4th Circ. Upholds More Than 15-Year Sentence In Meth Case

    The Fourth Circuit affirmed a more than 15-year prison sentence for a man who pled guilty in West Virginia federal court to possessing 500 grams or more of methamphetamine with intent to distribute, rejecting his argument that he shouldn't have received sentencing enhancements due to late filings by the government.

  • November 18, 2025

    11th Circ. Won't Weigh Labor Arbitration Bid Until Case Wraps

    A longshoremen's union must continue resolving a labor dispute with a cargo unloader in Alabama federal court, an Eleventh Circuit panel said, tossing the union's request for the appellate court to kick the case to arbitration.

  • November 18, 2025

    Colo. High Court Takes Up Felony Killing Damages Cap

    The Colorado Supreme Court agreed Monday to hear a dispute over how courts should apply the "felonious killing" exception to a state statute that caps noneconomic damages in wrongful death cases, granting competing petitions by Xcel Energy and the family of a woman killed in a 2018 natural gas explosion.

  • November 18, 2025

    Mich. Panel Tosses Burglary Conviction Over False Testimony

    A Michigan appellate court has thrown out a man's conviction for a 2016 burglary, finding his trial was undermined by a key witness's false testimony about a cooperation deal.

  • November 18, 2025

    NJ Panel Backs Arbitrator's Ruling In Parking Spaces Spat

    A New Jersey appellate court affirmed an arbitrator's decision that determined that two developers had to permanently maintain parking spaces for an Edgewater, New Jersey, mixed-use complex, ruling that the arbitrator for the related dispute didn't overstep their authority.

  • November 18, 2025

    Judge Upholds NY Law Blocking ICE Courthouse Arrests

    New York beat back a federal lawsuit challenging the state's policy barring immigration officials from arresting people near its courthouses, after a federal judge rejected the U.S. Department of Justice's preemption claims.

  • November 17, 2025

    Ex-Finnegan Associate Gets Wage Theft Suit Revived In DC

    The D.C. Court of Appeals revived a former Finnegan Henderson Farabow Garrett & Dunner LLP associate's lawsuit alleging the firm reneged on its promises to pay tuition reimbursement and productivity bonuses, saying the trial court should have conducted "a fuller analysis" before shutting the book on the case.

  • November 17, 2025

    Sunoco Gets $75M Knocked Off $180M Oil Royalty Ruling

    The Tenth Circuit on Monday partially upheld a nearly $180 million judgment against Sunoco Inc. for withholding late interest payments on oil royalties to Oklahoma landowners, leaving in place a $103.9 million compensatory damages award for the landowners but striking $75 million in punitive damages.

  • November 17, 2025

    MGA's IP Clash With Rapper T.I. May Head To 9th Circ.

    Hip-hop moguls Clifford "T.I." Harris and Tameka "Tiny" Harris urged a California judge Monday not to send their long-running intellectual property case against toy maker MGA Entertainment to the Ninth Circuit, but instead allow a new jury trial on punitive damages to proceed.

  • November 17, 2025

    X Asks 9th Circ. To Let It Litigate Media Matters Suit In Ireland

    X Corp. urged the Ninth Circuit on Monday to scrap an injunction blocking it from continuing to litigate its Irish-law defamation case against Media Matters in Ireland, arguing that the left-leaning watchdog waited too long to invoke a California forum-selection clause in X Corp.'s terms of service.

  • November 17, 2025

    DC Circ. Mulls If Gov't Can Say No To 340B Rebate Program

    The D.C. Circuit is set to decide "who's the decision-maker" in a fight brought by drugmakers over the federal government's efforts to reshape the way they do drug rebates after spending more than an hour and a half Monday morning hearing out all sides.

  • November 17, 2025

    Advocacy Groups Push 9th Circ. To Uphold Fluoride Ruling

    Advocacy groups that convinced a California federal judge to rule that the U.S. Environmental Protection Agency's "optimal" level for fluoride in drinking water is not protective enough for children, told the Ninth Circuit Monday that there's no reason to disturb the decision.

  • November 17, 2025

    DC Circ. Backs DOT's SkyWest Contract Over Rival's Bid

    The D.C. Circuit rejected a claim from Southern Airways Express that the U.S. Department of Transportation erred in passing over the airline's proposal to provide service at a West Virginia airport, finding the department thoroughly evaluated all the bids it received.  

  • November 17, 2025

    8th Circ. Affirms Ala. Apt. Owner's $27M Fire Coverage Win

    A split Eighth Circuit affirmed Monday an apartment complex owner's $27 million jury award against a Travelers unit in a fire coverage dispute, saying sufficient evidence existed to support the verdict that the presence of microscopic soot constituted "direct physical loss or damage" to property as required by the policy.

  • November 17, 2025

    Fla. Justice Canady To Lead UF's Hamilton School In 2026

    Florida Supreme Court Justice Charles T. Canady announced Monday that he will be stepping down from the court to lead the Hamilton School for Classical and Civic Education at the University of Florida in the coming year.

  • November 17, 2025

    2nd Circ. Questions Experts' Rejection In Tylenol Autism Suits

    A Second Circuit panel on Monday appeared skeptical of a lower-court order that barred every expert witness set to testify for families who allege that patients taking Tylenol while pregnant can cause autism or attention deficit hyperactivity disorder in their children.

Expert Analysis

  • Series

    Judging Figure Skating Makes Me A Better Lawyer

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    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.

  • Female Athletes' NIL Deal Challenge Could Be Game Changer

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    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.

  • 9th Circ. Ruling May Help Pharma Cos. Avert Investor Claims

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    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.

  • What Ethics Rules Say On Atty Discipline For Online Speech

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    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.

  • What's At Stake In High Court's Ill. Ballot Deadline Case

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    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.

  • How Okla. High Court Ruling Will Alter Workers' Comp. Cases

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    The Oklahoma Supreme Court's recent decision in OBI Holding Company v. Schultz-Butzbach confirms that workers' compensation claims should move through the system without needless delay, which means attorneys on both sides will need to adjust how they handle such claims, says Steven Hanna at Gilson Daub.

  • Kimmel 2nd Circ. Victory Holds Novel Copyright Lessons

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    The Second Circuit's recent decision in Santos v. Kimmel, dismissing a copyright infringement claim against Kimmel for airing Cameo videos recorded by former U.S. Rep George Santos, examines the unusual situation of copyrighted works created at the request of the alleged infringer, say attorneys at Venable.

  • 2 Rulings Highlight IRS' Uncertain Civil Fraud Penalty Powers

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    Conflicting decisions from the U.S. Tax Court and the Northern District of Texas that hinge on whether the IRS can administratively assert civil fraud penalties since the U.S. Supreme Court’s 2024 decision in SEC v. Jarkesy provide both opportunities and potential pitfalls for taxpayers, says Michael Landman at Bird Marella.

  • Junior Attys Must Beware Of 5 Common Legal Brief Mistakes

    Excerpt from Practical Guidance
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    Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.

  • Contract Disputes Recap: Details, Instructions, Obligations

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    Recent decisions from the Armed Services Board of Contract Appeals and the Civilian Board of Contract Appeals offer critical insights into contractor reliance on government specifications, how instructions can affect a contractor’s dispute rights and how both factor into the larger claims process, says Sarah Barney at Seyfarth.

  • Lessons As Joint Employer Suits Shift From Rare To Routine

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    Joint employer allegations now appear so frequently that employers should treat them as part of the ordinary risk landscape, and several recent decisions demonstrate how fluid the liability doctrine has become, says Thomas O’Connell at Buchalter.

  • Utilizing 6th Circ.'s Expanded Internal Investigation Protection

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    A recent Sixth Circuit decision in In re: FirstEnergy demonstrates one way that businesses can use a very limited showing to protect internal investigations from discovery in commercial litigation, while those looking to force production will need to employ a carefully calibrated approach, say attorneys at Brownstein Hyatt.

  • 3rd Circ. Clarifies Ch. 11 3rd-Party Liability Scope Post-Purdue

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    A recent Third Circuit decision that tort claims against the purchaser of a debtor's business belong to the debtor's bankruptcy estate reinvigorates the use of Chapter 11 for the resolution of nondebtor liability in mass tort bankruptcies following last year's U.S. Supreme Court ruling in Purdue Pharma, say attorneys at Sullivan & Cromwell.

  • Series

    Power To The Paralegals: How And Why Training Must Evolve

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    Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.

  • Evaluating The Current State Of Trump's Tariff Deals

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    As the Trump administration's ambitious tariff effort rolls into its ninth month, and many deals lack the details necessary to provide trade market certainty, attorneys at Adams & Reese examine where things stand.

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