Appellate

  • June 18, 2025

    Supreme Court Upholds Tennessee Transgender Care Ban

    The U.S. Supreme Court on Wednesday upheld a Tennessee ban on gender-affirming medical care for minors, finding that the state law does not violate the equal protection clause.

  • June 18, 2025

    High Court Says Texas Can't Challenge Nuclear Waste Site

    The U.S. Supreme Court on Wednesday said Texas and a mineral owner could not challenge the Nuclear Regulatory Commission's approval of a temporary nuclear waste storage facility in the state, while sidestepping the issue of whether the agency is authorized to license such facilities.

  • June 17, 2025

    6th Circ. Revives Ex-Chili's Manager's Age Discrimination Suit

    The Sixth Circuit Tuesday revived a terminated Chili's restaurant manager's age discrimination case against the casual dining chain, saying the former employee offered enough evidence to rebut the chain's contention he was actually fired for not "living the Chili's way."

  • June 17, 2025

    La. Law Will Make Tesla Sales Less Onerous, Justices Told

    Louisiana regulators are hoping the U.S. Supreme Court will hold off on considering their request to take up a Tesla-brought case targeting the state's ban on direct sales by automakers, saying a new law is about to change things and the justices should wait until it takes effect.

  • June 17, 2025

    4th Circ. Affirms $8M Award Against Kuwaiti Construction Co.

    The Fourth Circuit on Tuesday refused to revive a Kuwaiti construction company's bid to nix an $8 million arbitral award favoring Kellogg Brown & Root International Inc. in a dispute over a U.S. Army contract, ruling in a published opinion that the company missed a critical statutory deadline.

  • June 17, 2025

    Fed. Circ. Affirms PTAB Ax Of Roku Patent Claims

    The Federal Circuit affirmed Tuesday a Patent Trial and Appeal Board ruling that invalidated claims in a Roku Inc. remote control patent and ordered the board to look back at one claim it upheld, neutralizing the company's bid to renew its case against Universal Electronics at the U.S. International Trade Commission.

  • June 17, 2025

    5 Court Battles Hinging On High Court's Trans Care Ruling

    An imminent U.S. Supreme Court decision regarding Tennessee's ban on gender transition care for minors is poised to have a sweeping impact as courts across the country weigh similar state and federal restrictions.

  • June 17, 2025

    9th Circ. Skeptical Of Blocking National Guard Deployment

    A Ninth Circuit panel appeared open Tuesday to striking down a temporary restraining order — currently paused — that would block President Donald Trump from sending the National Guard into Los Angeles, with two judges repeatedly citing case law suggesting the president has broad discretion to mobilize the Guard.

  • June 17, 2025

    Jeanine Pirro Formally Nominated For DC US Atty

    Former judge and Fox News host Jeanine Pirro has been nominated for the full-time U.S. attorney role for the District of Columbia after having been tapped previously for the position on an interim basis.

  • June 17, 2025

    5th Circ. Won't Resurrect NLRB Captive Audience Memo Suit

    The Fifth Circuit on Tuesday refused to revive a suit over a 2022 memo the National Labor Relations Board's general counsel issued arguing so-called captive audience meetings violate federal labor law, ruling the staffing companies challenging the memo don't have standing to bring their suit.

  • June 17, 2025

    Split 9th Circ. Wants Review Of Migrant's Mental Competency

    The Ninth Circuit has revived a Guatemalan man's bid for deportation relief, with a split panel of judges saying in a published opinion that the Board of Immigration Appeals should have had an immigration judge look into the man's competency.

  • June 17, 2025

    Uber Gets Fatal Crash Suit Sent To Arbitration

    The widow of a man who died while he was a passenger in an Uber must take her claims against the ride-share company before an arbitrator, an Illinois state appeals court ruled Tuesday, finding that when she signed up for an Uber account she first agreed to have an arbitrator review any claims she had against the company.

  • June 17, 2025

    NJ Court Says Unqualified Expert Dooms Med Mal Suit

    A New Jersey appellate panel on Tuesday tossed a medical malpractice suit alleging a physician failed to properly treat a man's internal bleeding that proved to be fatal, ruling that the plaintiff's expert affidavit was insufficient because the expert did not specialize in the same area as the defendant doctor.

  • June 17, 2025

    5th Circ. Finds $37M For PPE Delivery Problems Went Too Far

    The Fifth Circuit on Monday kept partially intact a $37 million award the Federal Trade Commission secured against a drop-shipping company, but found part of the award went too far because it fully refunded customers for COVID-19 protective gear that was delivered late.

  • June 17, 2025

    Nissan Asks Justices To Void Certified Sunroof Defect Classes

    Nissan North America Inc. has asked the U.S. Supreme Court to unravel certified classes of drivers alleging the automaker sold vehicles with defective panoramic sunroofs, saying the Ninth Circuit endorsed a "grossly unfair" standard that allows uninjured plaintiffs to level inflated class claims against corporate defendants.

  • June 17, 2025

    Ga. College Seeks Toss Of $240K Athletic Conference Exit Fee

    A small north Georgia college urged the Georgia Court of Appeals Tuesday to throw out an early win in a contract fight with an athletic conference it left several years ago, arguing that the "enforceability is doubtful" of $240,000 in damages the conference imposed on the school for its departure.

  • June 17, 2025

    Del. Justices Undo $200M Award In TransCanada Case

    Pointing in part to an earlier appellate ruling, Delaware's highest court on Tuesday reversed a Court of Chancery decision that ordered the former TransCanada Corp. to pay $199 million to former Columbia Pipeline Group Inc. shareholders allegedly shorted in a 2016 merger.

  • June 17, 2025

    8th Circ. Says NLRB Misapplied Standard In Starbucks Case

    The National Labor Relations Board improperly ignored a Starbucks employee's impression of her manager's comments during a union campaign when concluding the comments were unlawful, a split Eighth Circuit panel ruled Tuesday, resolving a case that challenged the board's standard for determining when an employer's anti-union rhetoric violates labor law.

  • June 17, 2025

    Novartis Narrows Entresto Fight With MSN, Noratech Deals

    Novartis Pharmaceuticals Corp. has come closer to fully keeping a generic version of its blockbuster drug Entresto off the market, with MSN Pharmaceuticals Inc. backing down on its most contentious appeal and Noratech Pharmaceutical settling.

  • June 17, 2025

    Ga. Panel Considers New Statute In $46M Med Mal Case

    Atlanta Women's Specialists LLC and one of its physicians urged the Georgia Court of Appeals to reconsider a $13.7 million attorney fee award in a $45.8 million case in which they were found liable for medical malpractice resulting in a woman suffering severe brain damage days after childbirth.

  • June 17, 2025

    Medical Documents Fair Game In STD Suit, Ga. Panel Says

    An Atlanta hedge fund manager and attorney may be forced to hand over his medical records to his ex-girlfriend in a suit where he stands accused of giving her genital herpes, after a state appellate court ruled Tuesday that the records were not absolutely shielded by his right to privacy.

  • June 17, 2025

    Org. Urges 9th Circ. To OK NFL Sunday Ticket Verdict Dismissal

    A legal foundation focused on promoting free enterprise principles is offering support to the NFL as the league defends a California federal judge's dismissal of a jury's $4.7 billion Sunday Ticket price-fixing award, arguing Tuesday the district court was right to correct a "gatekeeping failure" in expert testimony.

  • June 17, 2025

    ND Secretary Fights Tribes' 8th Circ. Voting Rights Rehearing

    North Dakota Secretary of State Michael Howe is urging the Eighth Circuit to deny two Native American tribes' bid for a rehearing in their voting rights challenge, arguing their petition misinterprets the appellate court's opinions and overstates U.S. Supreme Court precedent on the issue.

  • June 17, 2025

    9th Circ. Says Chinook Can't Get Tribal Status From Courts

    The Chinook Indian Nation can't revive its bid seeking federally recognized tribe status that would entitle it to benefits from the U.S. government after the Ninth Circuit issued an order Tuesday finding the process for federal recognition comes from the U.S. Department of the Interior, not the federal judiciary.

  • June 17, 2025

    Ill. Toy Makers Seek Justices' Early Review Of Trump Tariff Suit

    Illinois-based toy makers challenging President Donald Trump's emergency tariffs on Tuesday requested the U.S. Supreme Court consider their case before it is reviewed by the D.C. Circuit, arguing a stay to an injunction is allowing duty collections to continue and is damaging the companies.

Expert Analysis

  • Series

    Florida Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of 2025 saw the Trump administration's crypto-forward approach permeate the banking industry, including Florida banking institutions, and a Fourth District Court of Appeal decision provide a new precedent for borrower/lender standing, say attorneys at Kozyak Tropin.

  • Meta Case Brings Customer-Facing Statements Issue To Fore

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    Now that Facebook v. Amalgamated Bank has returned to California federal court after the U.S. Supreme Court in November found it improvidently granted certiorari, it will be worth watching whether customer-facing communications, such as Facebook's privacy policies, are found to be made in connection with the sale of a security, says Samuel Groner at Fried Frank.

  • A Cold War-Era History Lesson On Due Process

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    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

  • Home Depot Ruling Tolls Death Knell For 'Silent Cyber'

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    The Sixth Circuit's recent ruling that Home Depot's insurers did not have to cover costs from a data breach hammered one more nail in the coffin of silent cyber, where coverage is sought under standard property or commercial general liability policies that were not intended to insure cyberattack claims, say attorneys at Zelle.

  • Series

    Improv Makes Me A Better Lawyer

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    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

  • How BigLaw Executive Orders May Affect Smaller Firms

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    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

  • Texas Case Shows Why Juries Are Well-Suited To COVID Suits

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    The original jury verdict in Baylor College of Medicine v. Lloyd's, currently on appeal to the Texas Supreme Court after being overturned by an appellate panel, illustrates why COVID-19 business interruption claims with their case-specific facts need to be decided by juries, not by judges using a one-size-fits-all approach, says Jeremy Lawrence at Farella Braun.

  • Filial Consortium Claims' Future After Conn. High Court Ruling

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    While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.

  • 4th Circ. Health Data Ruling Opens Door To State Law Claims

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    In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • 2 Del. Rulings Reinforce Proof Needed For Records Demands

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    Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • Series

    Birding Makes Me A Better Lawyer

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    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • Justices May Clarify What IP Competitors In Litigation Can Say

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    If the U.S. Supreme Court agrees to weigh in on Atturo Tire v. Toyo Tire, it may be able to provide guidance on the murky questions surrounding what companies enforcing their intellectual property against competitors are allowed to say in public, say attorneys at Ballard Spahr.

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