Appellate

  • October 08, 2025

    Trump Tariffs Unconstitutional, Watchdog Tells Justices

    Either President Donald Trump doesn't have authority to impose tariffs under the International Emergency Economic Powers Act, or the law is unconstitutional, the nonprofit group Consumer Watchdog told the U.S. Supreme Court Wednesday, urging the justices to affirm lower court rulings deeming those measures unlawful.

  • October 08, 2025

    FCC Tells Justices 5th Circ. Used Jarkesy To Gut Enforcement

    The Fifth Circuit erroneously used a major U.S. Supreme Court decision curtailing U.S. Securities and Exchange Commission trials to "severely impair" Federal Communications Commission enforcement in the telecommunications industry, the FCC said in a petition urging the justices to resolve a new circuit split.

  • October 08, 2025

    5th Circ. Wary Of TitleMax Affiliate's Aim To Skip Usury Case

    A Fifth Circuit panel appears skeptical of a TitleMax affiliate's argument that it should get to escape the Pennsylvania Department of Banking and Securities usury case alleging the affiliate breached state law, saying Wednesday the proceedings looked like typical state police power.

  • October 08, 2025

    Fed. Circ. Hesitant To Review DOD Contract Cost Appeal

    A Federal Circuit judge appeared reluctant Wednesday to review an Armed Services Board of Contract Appeals' decision over the proper way to calculate the cost Pratt & Whitney paid for commercial engine parts, pointing to precedent that goes against the government's position.

  • October 08, 2025

    Senate IP Leader Plans Push To Pass Patent Eligibility Bill

    Sen. Thom Tillis, R-N.C., the leader of the Senate's intellectual property subcommittee, said Wednesday that before he leaves Congress in just over a year, one of his primary goals will be to advance his long-gestating bill to make more inventions eligible for patents.

  • October 08, 2025

    4th Circ. OKs Verdict In Gang Case Despite Bad Translations

    The Fourth Circuit said Wednesday that a court translator's errors during trial don't merit overturning the convictions of three men on gang-related racketeering conspiracy and other charges.

  • October 08, 2025

    Utah Tribe Appeals Denial To Fight $16M Ovintiv Air Deal

    The Ute Indian Tribe of the Uintah and Ouray Reservation is appealing a federal district court decision that denied its intervention to challenge a $16 million Clean Air Act consent decree between the U.S. government and Ovintiv USA Inc.

  • October 08, 2025

    Pa. Court Says New Murder Trial Can't Rely On Witness Video

    The Pennsylvania Superior Court has asked a lower court to revisit its grant of a new trial for a man convicted of a 1976 murder, saying it wrongly relied on video testimony from a witness who claimed police bribed him with sexual liaisons while in custody in order to frame an innocent man.

  • October 08, 2025

    Ga. Panel Upholds $250K Award Over False Murder Claims

    The Georgia Court of Appeals affirmed a lower court's denial of a new trial for a man hit with a $250,000 verdict after falsely claiming that an attorney murdered his own wife, rejecting the man's claims that damages weren't properly pled in the complaint filed against him.

  • October 08, 2025

    NJ Court Partially Revives Worker's Suit Over Truck Collision

    A New Jersey appeals panel on Wednesday partially reinstated a worker's negligence claim against a wine company, finding there were questions about its relationship to the worker's employer and whether it owed him a duty of care.

  • October 08, 2025

    Chiquita Victims Urge 11th Circ. To Revive Claims Over Killings

    Family members of victims of paramilitary violence in Colombia asked the Eleventh Circuit Wednesday to revive their claims against Chiquita Brands International Inc. executives, arguing they had provided enough information to show the killings were committed "under color of law" as required by the Torture Victim Protection Act.

  • October 08, 2025

    Mich. Justice Unsure Gov. Exempt From 1-Year Claim Deadline

    Michigan's chief justice said Wednesday she was "struggling" with an immigration legal assistance group's contention that a one-year notice deadline for claims against the state doesn't apply to suits against the governor.

  • October 08, 2025

    Immigration Judges Can Reject Stipulations, BIA Rules

    The Board of Immigration Appeals has backed an immigration judge's decision to reject an agreement between the U.S. Department of Homeland Security and a Honduran transgender woman seeking to avoid deportation, holding that judges are free to accept or reject such agreements.

  • October 08, 2025

    Welder Asks Fla. High Court To Revive Whistleblower Claims

    A welder mechanic asked the Florida Supreme Court on Wednesday to revive his whistleblower retaliation claims against his former employer, Gulf Power Co., arguing that state law requires only that he reasonably believed a violation of law or regulation occurred, not that he have to prove an actual violation.

  • October 08, 2025

    FirstEnergy Investors Seek Clarity On 6th Circ. Privilege Order

    FirstEnergy investors asked the Sixth Circuit Wednesday to clarify a recent ruling blocking them from accessing internal investigation documents in a lawsuit over a $1 billion bribery scandal, arguing that the company is holding up depositions due to its misreading of the court's opinion.

  • October 08, 2025

    3rd Circ. Upholds Ruling In Debt Collector's Trade Secrets Suit

    A Third Circuit let stand a ruling that work passwords are not trade secrets and that the Computer Fraud and Abuse Act is inapplicable to workplace policy violations in an appeal from a debt collection company suing two former employees.

  • October 08, 2025

    3rd Time's The Charm? The Tax Court's Odyssey In Medtronic

    A U.S. Tax Court judge has been sent back to the drawing board once again in the long-running transfer pricing litigation brought by Medtronic, raising questions about how much weight the court must give to IRS transfer pricing regulations and how much authority it has to go its own way.

  • October 08, 2025

    5th Circ. Says Some NOLA Rental Rules Are Unconstitutional

    A Fifth Circuit panel partially revived a proposed class action filed by homeowners and two companies challenging New Orleans' short-term rentals regulations, ruling in a published opinion that some of the regulations are unconstitutional.

  • October 08, 2025

    The Legal Advocacy Behind Fan Fiction's Biggest Site

    A nonprofit that appears on the docket as a friend of the court in some of the most important copyright cases at the U.S. Supreme Court and federal appeals courts is also responsible for running one of the largest fan fiction sites on the internet.

  • October 08, 2025

    High Court Open To Allowing USPS 'Campaign Of Terror' Suit

    The U.S. Supreme Court appeared likely Wednesday to let a Texas woman pursue claims that U.S. Postal Service workers engaged in an alleged "racially motivated harassment campaign," with several justices doubting that a federal tort law immunized the service from being held liable for intentional delivery failures.

  • 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. 

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • Surveying The Changing Overdraft Fee Landscape

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    Despite recent federal moves that undermine consumer overdraft fee protections, last year’s increase in fee charges suggests banks will face continued scrutiny via litigation and state regulation, says Amanda Kurzendoerfer at Bates White.

  • What's At Stake In High Court Review Of Funds' Right To Sue

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    The U.S. Supreme Court's upcoming review of FS Credit Opportunities v. Saba Capital Master Fund, a case testing the limits of using Investment Company Act Section 47(b) to give funds a private right of action to enforce other sections of the law, could either encourage or curb similar activist investor lawsuits, say attorneys at Goodwin.

  • The Evolving Legal Landscape For THC-Infused Beverages

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    A recent Eighth Circuit ruling, holding that states may restrict the sale of intoxicating hemp-derived products without violating federal law, combined with ongoing regulatory uncertainty at both the federal and state levels, could alter the trajectory of the THC-infused beverage market, say attorneys at Pashman Stein.

  • How Securities Defendants Might Use New Wire Fraud Ruling

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    Though the Second Circuit’s recent U.S. v. Chastain decision — vacating the conviction of an ex-OpenSea staffer — involved the wire fraud statute, insider trading defendants might attempt to import the ruling’s reasoning into the securities realm, says Jonathan Richman at Brown Rudnick.

  • Cos. Must Tailor Due Diligence As Trafficking Risks Increase

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    As legislators, prosecutors and plaintiffs attorneys increasingly focus on labor and sex trafficking throughout the U.S., companies must tailor their due diligence strategies to protect against forced labor trafficking risks in their supply chains, say attorneys at Steptoe.

  • Unpacking The Supreme Court's Views On Judgment Finality

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    The U.S. Supreme Court's June opinion in BLOM Bank SAL v. Honickman reaffirmed that the bar for reopening a final judgment remains exceptionally high — even when the movant seeks to amend their complaint based on a new legal development, say attorneys at Venable.

  • Asbestos Ruling Cements All Sums Coverage Precedent In SC

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    With its recent decision in Protopapas v. Travelers, the South Carolina Court of Appeals becomes the highest court in South Carolina to adopt the all sums allocation approach for long-tail claims, providing key appellate precedent to support policyholders' efforts to maximize their coverage, say attorneys at Anderson Kill.

  • M&A Ruling Reinforces High Bar For Aiding, Abetting Claims

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    The Delaware Supreme Court's recent decision in In re: Columbia Pipeline may slow the filing of aiding and abetting claims against third-party buyers in situations where buyers negotiate aggressively, putting buy-side dealmakers' minds at ease that they likely won't be liable for seeking the best possible deal, say attorneys at Simpson Thacher.

  • Series

    Creating Botanical Art Makes Me A Better Lawyer

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    Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.

  • What To Expect As Calif. Justices Weigh Arbitration Fee Law

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    If the California Supreme Court’s upcoming ruling in Hohenshelt v. Superior Court holds that the Federal Arbitration Act does not preempt the California Arbitration Act's strict fee deadlines, employers and businesses could lose the right to arbitrate over minor procedural delays, say attorneys at Bird Marella.

  • 2 Circuit Court Rulings Offer A Class Certification Primer

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    Two recent decisions from the Third and Sixth Circuits provide guidance on the rigorous analysis of predominance that courts might require for class certification, and insights into how defendants might oppose or narrow potential class actions, say attorneys at DLA Piper.

  • Supreme Court's Criminal Law Decisions: The Term In Review

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    Though the U.S. Supreme Court’s criminal law decisions in its recently concluded term proved underwhelming by many measures, their opinions revealed trends in how the justices approach criminal cases and offered reminders for practitioners, says Kenneth Notter at MoloLamken.

  • Opinion

    The Legal Education Status Quo Is No Longer Tenable

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    As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.

  • 2nd Circ. Reinforces Consensus On Vacating Foreign Awards

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    In Molecular Dynamics v. Spectrum Dynamics Medical, the Second Circuit recently affirmed that federal district courts do not possess subject matter jurisdiction to vacate foreign arbitral awards, strengthening this consensus across the circuits most active in recognition and enforcement actions, says Ed Mullins at Reed Smith.

  • What Dismissal Rulings May Mean For ERISA Forfeiture Cases

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    Following an influx of Employee Retirement Income Security Act class actions challenging the long-standing practice of plan sponsors using plan forfeitures to offset employer contributions, recent motion to dismiss rulings and a U.S. Department of Labor amicus brief may encourage more courts to reject plaintiffs' forfeiture theories, say attorneys at Mayer Brown.

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