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Appellate
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October 07, 2025
10th Circ. Rejects Colombian Family's Asylum Appeal
A Tenth Circuit panel said Tuesday that four Colombian family members failed to show that death threats made by allies of a narcotics trafficking group's leader amounted to persecution or stemmed from protected political activities, and refused to revisit rulings denying their bid for asylum.
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October 07, 2025
Justices Probe Standard Of Care In 'Conversion Therapy' Case
The U.S. Supreme Court on Tuesday wrestled with whether gay "conversion" therapy banned by a Colorado law is a medical treatment that falls outside the accepted standard of care, or whether it's protected First Amendment speech.
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October 07, 2025
2nd Circ. Rules Inmates Not Entitled To Specific Gender Care
A Second Circuit panel has overturned a transgender inmate's partial win in a lawsuit against prison officials in Connecticut over allegedly inadequate gender dysphoria treatment, holding that the defendants are entitled to qualified immunity and that "inmates have no clearly established right to be treated by gender-dysphoria specialists" or receive specific treatments for the condition.
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October 07, 2025
Gov't, Gun Defendant Urge Justices Not To 'Double-Punish'
The government and a New York man convicted in a fatal robbery both asked the U.S. Supreme Court on Tuesday to rule that subjecting defendants to separate sentences stemming from a single deadly federal firearm offense is a double-jeopardy violation.
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October 07, 2025
Calif. Court Has Change Of Heart On Juror Challenge Question
A California state appeals court has changed its mind on its own precedent governing when prosecutors can use a peremptory challenge to dismiss a non-white juror from a case, finding a "lack of life experience" can be good reason to dismiss a juror and affirming a man's life sentence
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October 07, 2025
Texas Court Overturns Forfeiture Verdict For Lack Of Evidence
A Texas appellate panel on Tuesday reversed a civil-forfeiture judgment and ordered state officials to return nearly $42,000 in cash that sheriff's deputies seized from a driver, saying there was no direct evidence that he would have spent the money on illegal drugs.
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October 07, 2025
3rd Circ. Won't Rehear J&J Investor Cert. Appeal
The U.S. Court of Appeals for the Third Circuit declined Tuesday to reconsider backing a New Jersey federal judge's class certification order in a Johnson & Johnson investor action alleging the company artificially inflated its stock price by failing to disclose cancer risks.
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October 07, 2025
Duke Gas Rate Increase Was Improper, Ohio High Court Hears
Duke Energy's Ohio utility shouldn't be allowed to collect $17 million from ratepayers to cover now-shuttered underground caverns used to store propane, the state's utility consumer advocate told the Ohio Supreme Court on Tuesday.
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October 07, 2025
Approach The Bench: Judge Kaplan On Suit Against The Gov't
U.S. Court of Federal Claims Judge Elaine Kaplan's docket doesn't always garner attention in the same way trial court cases do, but that may change as the executive branch makes sweeping budget and policy changes that could lend more political significance to monetary claims against the government.
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October 07, 2025
Siemens Worker Asks 3rd Circ. To Save 401(k) Forfeiture Suit
A Siemens Corp. employee urged the Third Circuit to reopen his lawsuit alleging the company violated federal benefits law by using forfeited retirement funds to cover its own contributions rather than plan expenses, arguing a lower court lost sight of his specific allegations when it tossed the case.
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October 07, 2025
EMTs Appeal Losses Ahead Of False Death Declaration Trial
First responders facing trial for declaring a woman dead, only for a funeral home to discover she was alive, are urging a Michigan state appeals court to review what they say are "contradictory legal frameworks" imposed by a judge ahead of trial.
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October 07, 2025
NH Justice Reaches No Contest Plea Deal In Criminal Case
A New Hampshire Supreme Court justice entered a no contest plea Tuesday to a charge of criminal solicitation of misuse of position related to allegations she interfered with the state attorney general's investigation of her husband.
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October 07, 2025
NJ Justices Won't Disturb Locke Lord Win In Oil Co.'s Suit
The New Jersey Supreme Court has declined to review a lower appellate court decision handing a victory to Locke Lord LLP over malpractice claims from an oil processing company on the grounds that the firm does not have a significant connection to New Jersey and cannot be sued in the state's courts.
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October 07, 2025
Ex-Reed Smith Atty Says NJ Pay Bias Law Goes Back 6 Years
A former Reed Smith LLP attorney suing the firm for gender discrimination told a New Jersey appeals court Tuesday that a 2018 equal pay law was intended by the Legislature to be a "game changer" and be applied retroactively, expanding the scope of her claims.
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October 07, 2025
Mich. Court Scraps Ruling That Affirmed Solar Farm Permit
A Michigan state appeals court tossed a ruling that upheld a township's permit for an Invenergy subsidiary's industrial-scale solar farm, concluding that its board of trustees failed to sufficiently explain or provide a basis for its decision.
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October 07, 2025
Willkie Adds Ex-Asst. Solicitor General As Group Head
Willkie Farr & Gallagher LLP has added a former assistant to the solicitor general as its new firmwide chair of appeals and strategic motions practice group, the firm announced Tuesday.
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October 07, 2025
Estate's $17M Transfer Not Tax-Related, 5th Circ. Told
The estate of a woman who inherited her husband's oil business and was the victim of elder abuse told the Fifth Circuit that it had multiple reasons unrelated to avoiding estate tax for setting up a partnership and transferring $17 million into it just before she died.
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October 07, 2025
Pa. Justices Wary Of Lifting Corporate Veil To Beat Time Limit
Members of Pennsylvania's Supreme Court seemed skeptical of a bid by asbestos claimants to sue the parent company of a defunct industrial firm, pointing to a two-year time limit for claims against the dissolved subsidiary.
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October 07, 2025
Mich. Panel Upholds Hazing Charges In Frat Member's Death
A Michigan appeals panel upheld the constitutionality of a state law criminalizing hazing that results in injury or death, greenlighting charges stemming from a Michigan State University fraternity pledge's death from alcohol poisoning.
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October 07, 2025
11th Circ. Won't Halt Labor Mandate Case For Gov't Shutdown
The federal government can't stay a builders association's case challenging an executive order that requires union-favoring labor agreements for expensive government contracts, the Eleventh Circuit ruled, declining a request made in light of the government shutdown.
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October 07, 2025
Copyright Chief Says DC Circ. Decision Bars Removal
Shira Perlmutter has shot back at the government's arguments defending President Donald Trump's decision to fire her as head of the U.S. Copyright Office, saying the D.C. Circuit has said in her case that Trump likely never had the power to do so.
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October 07, 2025
Vape Cos. And Sellers Urge 4th Circ. To Block NC Regulation
A group of vaping interests is defending its bid to block enforcement of a new North Carolina law regulating the sale of e-cigarettes, saying the state is wrong to argue that the law is not preempted by federal law.
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October 06, 2025
Supreme Court Won't Review Russian Bank Jet Crash Suit
The U.S. Supreme Court on Monday declined to undo a precedential Second Circuit decision finding that Sberbank of Russia must face Anti-Terrorism Act litigation related to the 2014 downing of a commercial airliner over eastern Ukraine, rejecting the bank's argument it is entitled to sovereign immunity.
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October 06, 2025
High Court Declines Challenge To Ore. Secret Recording Ban
The U.S. Supreme Court on Monday refused to take up conservative media group Project Veritas' First Amendment challenge to an Oregon law prohibiting secret audio recordings of people's conversations, leaving in place a Ninth Circuit ruling upholding the measure.
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October 06, 2025
Justices Pressed To Overturn TM Denial Of Dark Green Gloves
Surgical glove manufacturer PT Medisafe Technologies has asked the U.S. Supreme Court to wipe out a precedential Federal Circuit decision rejecting the company's attempt to claim a trademark for dark green surgical gloves, arguing that "thousands of such marks" have been registered.
Expert Analysis
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Protecting Workers Amid High Court-EEOC Trans Rights Rift
In Ames v. Ohio Department of Youth Services and U.S. v. Skrmetti, the U.S. Supreme Court clarified that Title VII protects employees from discrimination based on sexual orientation and gender identity, so employers should still protect against such discrimination despite the U.S. Equal Employment Opportunity Commission's unclear position, says Ally Coll at the Purple Method.
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What 9th Circ. Ruling Shows About Rebutting SEC Comments
The Ninth Circuit's June opinion in Pino v. Cardone Capital suggests that a company's lack of pushback to a U.S. Securities and Exchange Commission comment may be evidence of its state of mind for evaluating potential liability, meaning companies should consider including additional disclosure in SEC response letters, say attorneys at Barnes & Thornburg.
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9th Circ. Decisions Help Clarify Scope Of Legal Lab Marketing
Two Ninth Circuit decisions last week provide a welcome development in clarifying the line between laboratories' legal marketing efforts and undue influence that violates the Eliminating Kickbacks in Recovery Act, and offer useful guidance for labs seeking to mitigate enforcement risk, says Joshua Robbins at Buchalter.
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A Word On Ensuring Precision In Patent Claim Construction
The Federal Circuit's recent decision in Express Mobile v. Meta Platforms, overruling the Patent Trial and Appeal Board's interpretation of the term "style," highlights the importance of articulating claim constructions that are as clear as possible, says Derrick Carman at Robins Kaplan.
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What 9th Circ. Cracker Barrel Ruling Means For FLSA Cert.
The Ninth Circuit's decision in Harrington v. Cracker Barrel suggests a settling of two procedural trends in Fair Labor Standards Act jurisprudence — when to issue notice and where nationwide collectives can be filed — rather than deepening circuit splits, says Rebecca Ojserkis at Cohen Milstein.
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Series
Playing Mah-Jongg Makes Me A Better Mediator
Mah-jongg rewards patience, pattern recognition, adaptability and keen observation, all skills that are invaluable to my role as a mediator, and to all mediating parties, says Marina Corodemus.
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How Latest High Court Rulings Refine Employment Law
The 2024-2025 U.S. Supreme Court term did not radically rewrite employment law, but sharpened focus on textual fidelity, procedural rigor and the boundaries of statutory relief, say attorneys at Krevolin & Horst.
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Calif. Air Waivers Fight Fuels Automakers', States' Uncertainty
The unprecedented attempt by Congress and the Trump administration to kill the Clean Air Act waivers supporting California's vehicle emissions standards will eventually end up in the U.S. Supreme Court — but meanwhile, vehicle manufacturers, and states following California's standards, are left in limbo, says John Watson at Spencer Fane.
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Diversity, Equity, Indictment? Contractor Risks After Kousisis
The U.S. Supreme Court’s recent Kousisis v. U.S. decision, holding that economic loss is not required to sustain wire fraud charges related to fraudulent inducement, may extend criminal liability to government contractors that make false diversity, equity and inclusion certifications, say attorneys at Moore & Van Allen.
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Series
Law School's Missed Lessons: Navigating Client Trauma
Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.
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9th Circ. Customs Ruling A Limited Win For FCA Plaintiffs
While the decision last month in Island Industries v. Sigma may be welcome news for False Claims Act relators, under binding precedent courts within the Ninth Circuit still do not have jurisdiction to adjudicate customs-based FCA claims pursued by the government, say attorneys at Morgan Lewis.
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Opinion
4 Former Justices Would Likely Frown On Litigation Funding
As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.
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Quantifying Trading-Based Damages Using Price Impact
The U.S. Securities and Exchange Commission will likely increasingly rely on price impact analyses to demonstrate pecuniary harm from trading-related misconduct, meaning measuring price impact will be helpful in challenging SEC disgorgement, determining appropriate remedies, and assessing loss causation and damages in private litigation, says Vyacheslav Fos at Boston College and Erin Smith at Compass Lexecon.
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How Attys Can Use AI To Surface Narratives In E-Discovery
E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.
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How McKesson Ruling Will Inform Interpretations Of The TCPA
Amid the U.S. Supreme Court's ruling in McLaughlin Chiropractic Associates v. McKesson, we can expect to see both plaintiffs and defendants utilizing the decision to revisit the Federal Communications Commission's past Telephone Consumer Protection Act interpretations and decisions they did not like, says Jason McElroy at Saul Ewing.