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Appellate
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October 08, 2025
Mich. Justices Weigh Axing Slip-And-Fall Visitor Categories
A Michigan Supreme Court justice said Wednesday she is "troubled" by a longstanding practice that calls for different standards of care for different types of property visitors in slip-and-fall cases, asking why volunteers and those coming to do business should be treated differently, as the court considers a pair of cases that could upend decades-old precedent.
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October 08, 2025
11th Circ. Urged To Keep Ga.'s E-Commerce Regs On Ice
Internet trade group NetChoice urged the Eleventh Circuit Wednesday to leave in place an injunction that for more than a year has kept Georgia from enforcing new requirements on e-commerce platforms, arguing the state's law tries to push past a regulatory "ceiling" already imposed by federal law.
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October 08, 2025
7th Circ. Backs DePaul In Ex-Instructor's Race Bias Suit
The Seventh Circuit on Wednesday upheld DePaul University's win over a former religious studies instructor's suit claiming he wasn't rehired because he's Arab American, finding he couldn't overcome the school's explanation that he was let go because of allegations he'd sexually assaulted a student.
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October 08, 2025
Trump Admin Cites Shutdown In Bid For CFPB Case Delay
Amid growing calls for the full D.C. Circuit to revisit a recent panel ruling that would allow mass layoffs at the Consumer Financial Protection Bureau, the Trump administration is asking for a pause in the case until after the government shutdown is over.
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October 08, 2025
Power Cos. Want In On Challenge To W.Va. Regional Haze Plan
American Electric Power Co. Inc. and FirstEnergy Corp. subsidiaries are asking the Fourth Circuit to uphold a federally approved air quality plan for West Virginia that spared their facilities from some potentially expensive upgrades.
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October 08, 2025
NBA Video Privacy Law Review Premature, Plaintiff Tells Justices
A website user urged the U.S. Supreme Court not to weigh in on the Second Circuit's decision last year that revived his lawsuit accusing the NBA of illegally sharing his viewing activity with Meta, arguing that the suit's second dismissal this week and his planned appeal "might complicate the court's review."
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October 08, 2025
Justices Probe Standing In Suit Over Ill. Ballot Counting
The U.S. Supreme Court on Wednesday appeared open to reviving an Illinois congressman's suit challenging the state's policy of counting certain ballots after Election Day, with several justices pressing counsel for the state to address whether its position would require courts to analyze a candidate's potential success in an election to determine their standing to sue.
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October 08, 2025
Ind. Justices Toss Tax Challenge Over Homestead's Scope
Indiana homeowners who claim that the 1-acre limit for the state's reduced homestead tax rate is unconstitutional failed to show that property beyond that limit is used as part of their primary residence, which undercuts their case, the state Supreme Court ruled Wednesday.
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October 08, 2025
Army Finds Support At Fed. Circ. In Fight Over COVID Delays
A Federal Circuit judge appeared skeptical that the U.S. Army Corps of Engineers should compensate a contractor for fees incurred during the 2020 COVID-19 shutdown, saying it likely falls under protected government activity.
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October 08, 2025
State Farm Unit Needn't Pay For $2.5M Assault Judgment
A State Farm unit has no obligation to pay a $2.5 million judgment entered against a homeowners insurance policyholder after he attacked his housemate, a California state appeals court affirmed, finding that the victim's injuries were not the result of an accident for purposes of the policy.
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October 08, 2025
3rd Circ. Clarifies Good Conduct Credits For Prison Terms
In a precedential ruling Wednesday, the Third Circuit clarified how good conduct credits for inmates serving time can be applied, finding that the credit of 54 days per year can be prorated to 28 days for the last six months of a man's 17-and-a-half-year sentence.
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October 08, 2025
NJ US Atty Appointment Was 'Shell Game,' 3rd Circ. Told
Two New Jersey criminal defendants this week blasted the Trump administration's attempt to name Alina Habba as U.S. attorney for the state after her interim term ended, telling the Third Circuit that the government's plan was a "shell game."
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October 08, 2025
2nd Circ. Skeptical Of Reviving NY Teamsters Pension Suit
The Second Circuit appeared unlikely Wednesday to revive a New York Teamsters worker's proposed class action alleging mismanagement by the caretakers of his multiemployer pension plan, as multiple judges seemed to doubt that the complaint contained enough evidence of a deficient process to manage fees and investments.
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October 08, 2025
Conn. High Court OKs DNA Taken From Trash Sans Warrant
In a decision setting standards for privacy, Connecticut's highest court upheld the conviction of a man sentenced to 72 years in prison for a series of 1984 home invasion sexual assaults, finding that police were allowed to take his trash to obtain DNA without a warrant.
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October 08, 2025
Black NC Voters Take Redistricting Case To 4th Circ. Again
Two Black voters have urged the Fourth Circuit to hear as soon as possible their case alleging the North Carolina General Assembly unlawfully redrew state senate districts in a way that diluted the voting power of Black residents.
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October 08, 2025
Colo. Justices Rule Newspaper Is 'Citizen,' Can Get Atty Fees
The Colorado Supreme Court weighed in on a local newspaper's battle against the city of Aurora, ruling for the first time that a corporation is a "citizen" under the state's open meetings law and can recover litigation costs.
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October 08, 2025
Biz Groups Back Ariz. Land Swap Amid 9th Circ. Appeal
The U.S. Chamber of Commerce and a slew of mining associations are backing the federal government's efforts to nix a Ninth Circuit appeal that looks to block the transfer of more than 2,500 acres within Arizona's Tonto National Forest to a copper mining company.
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October 08, 2025
7th Circ. Won't Rethink Reviving Christian Teacher's Bias Suit
The Seventh Circuit declined a school district's invitation to revisit a panel opinion that reinstated a religious bias suit from a Christian teacher who said he was forced to quit because he wouldn't refer to transgender students by their preferred names.
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October 07, 2025
Fed. Circ. Talks Judge Denzel Washington, AI Susan Sarandon
More than half of the Federal Circuit's judges were in Boston on Tuesday conducting out-of-town oral arguments, and afterward they discussed the most concerning and most promising elements of artificial intelligence, how to write a good brief, why en banc hearings are rare and which celebrities they'd love to see on a panel.
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October 07, 2025
Panel Said Congress Was 'Feckless,' 6th Circ. Told In FCC Row
The Sixth Circuit should agree to a full court reconsideration of a panel's decision to back the Federal Communications Commission's expanded data breach notifications for telecom carriers, says a conservative legal organization that believes the panel assumed Congress was legislating "fecklessly."
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October 07, 2025
Fed. Circ. Focuses On Breadth Of UPenn IP In Eligibility Fight
The University of Pennsylvania and Regenxbio Inc. on Tuesday tried to persuade a Federal Circuit panel that their gene therapy patent should be revived, but at least one judge repeatedly said it's too broad.
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October 07, 2025
11th Circ. Wary Of IRS Procedure In FBAR Penalty Appeal
An Eleventh Circuit panel Tuesday appeared concerned about IRS procedures that could keep a man from recouping $419,000 he paid to resolve his failure to disclose funds held in foreign bank accounts as he appeals a district court determination that he actually owes $2.2 million.
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October 07, 2025
5th Circ. Queries If ChampionX Covered In $40M Oil Spill Suit
A Fifth Circuit panel Tuesday pressed ChampionX Corp. to explain how it can pursue a lawsuit in Texas seeking to make multiple insurers pay for its defense in a $40 million oil spill lawsuit if the underlying policies don't name it.
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October 07, 2025
Urologist Provider Must Face Data Leak Claims, Panel Says
The Georgia Court of Appeals has largely revived a proposed class action against a urology provider over a 2021 data breach that allegedly compromised the personal information of more than 79,000 patients, ruling Monday that the clinic could be liable for negligence and breach of contract.
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October 07, 2025
9th Circ. Revives Ex-Service Members' Antimalarial Drug Suit
A Ninth Circuit panel on Tuesday breathed new life into a lawsuit by four former U.S. military service members who claim drugmakers Hoffman-La Roche Inc. and Genentech Inc. failed to warn them about permanent psychiatric side effects allegedly caused by the antimalarial drug mefloquine.
Expert Analysis
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Series
Playing The Violin Makes Me A Better Lawyer
Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.
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Purdue Case Could Transform Patent Obviousness Analyses
If accepted for review by the U.S. Supreme Court, Purdue Pharma v. Accord Healthcare — concerning whether Purdue's abuse-deterrent opioid formulation patents were invalid as obvious — could significantly shift how courts weigh secondary considerations in patent obviousness analyses, say attorneys at Lathrop.
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NM Cyber Ruling Will Spur Litigation As Coverage Remedy
In Kane v. Beazley, the New Mexico Court of Appeals recently found that a cyber liability provision insuring security breaches included coverage for funds transfer fraud, implicitly and incorrectly motivating policyholders to commence litigation to avoid contractual limitations on cyber coverages, say attorneys at Zelle.
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Series
Law School's Missed Lessons: Practicing Self-Care
Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard at MG+M.
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Texas' Cactus Ruling Clarifies 'Produced Water' Rules
The Texas Supreme Court's decision in Cactus Water Services v. COG Operating, holding that mineral interest lessees have the rights to water extracted alongside oil and gas, should benefit industry players by clarifying the rules — but it leaves important questions about royalties unresolved, say attorneys at Yetter Coleman.
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ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'
The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.
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How Political Divisions Are Stalling Pa. Energy Development
Despite possessing the nation's second-largest natural gas reserves and a legacy of energy infrastructure, Pennsylvania faces a fragmented and politically charged path to developing the energy resources it will need in the future, thanks to legislative gridlock, divided public opinion and competing energy interests, says Andrew Levine at Stradley Ronon.
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How High Court Ruling Can Aid Judgment Enforcement In US
In CC/Devas (Mauritius) v. Antrix, a unanimous U.S. Supreme Court recently ruled that only two steps are required to keep a foreign sovereign in federal court, making it a little easier for investors to successfully bring foreign states and sovereign-owned and -controlled entities into U.S. courts, says Kristie Blase at Felicello Law.
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What High Court's Tenn. Trans Care Ruling Means Nationally
The U.S. Supreme Court's decision in U.S. v. Skrmetti, upholding a Tennessee ban on gender-affirming medical care for minors, is fairly limited in scope and closely tailored to the specific language of Tennessee's law, but it may have implications for challenges to similar laws in other states, say attorneys at Hall Render.
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Justices Rewrite Rules For Challenging Enviro Agency Actions
Three recent U.S. Supreme Court rulings — Nuclear Regulatory Commission v. Texas, Oklahoma v. U.S. Environmental Protection Agency and EPA v. Calumet Shreveport Refining — form a jurisprudential watershed in administrative and environmental law, affirming statutory standing and venue provisions as the backbone of coherent judicial review, say attorneys at GableGotwals.
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Series
My Opera And Baseball Careers Make Me A Better Lawyer
Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.
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High Court ACA Ruling May Harm Preventative Care
The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.
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Opinion
Subject Matter Eligibility Test Should Return To Preemption
Subject matter eligibility has posed challenges for patentees due to courts' arbitrary and confusing reasoning, but adopting a two-part preemption test could align the applicant, the U.S. Patent and Trademark Office and the courts, says Manav Das at McDonnell Boehnen.
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8 Ways Lawyers Can Protect The Rule Of Law In Their Work
Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.
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Kousisis Concurrence Maps FCA Defense To Anti-DEI Suits
Justice Clarence Thomas' recent concurrence in Kousisis v. U.S. lays out how federal funding recipients could use the high standard for materiality in government fraud cases to fight the U.S. Justice Department’s threatened False Claims Act suits against payees deviating from the administration’s anti-DEI policies, say attorneys at Miller & Chevalier.