Appellate

  • May 01, 2025

    DHS Urges Justices To Let Venezuelan Protections Be Undone

    The U.S. Department of Homeland Security turned to the nation's highest court on Thursday, asking the justices to pause a nationwide injunction blocking the agency from undoing the Biden administration's extension of temporary protected status for Venezuela during its appeal.

  • May 01, 2025

    Wash. Justices Take Up Meta's $35M Political Ad Penalty

    The Washington State Supreme Court has agreed to review a $35 million judgment for penalties and legal fees against Facebook parent company Meta for repeatedly running afoul of the state's political advertising transparency law.

  • May 01, 2025

    Couple's J&J Pelvic Mesh Claims Too Late, 11th Circ. Affirms

    The Eleventh Circuit held Thursday that a couple's lawsuit against Johnson & Johnson over injuries allegedly caused by a pelvic mesh device made by the company's med-tech unit was filed too late despite evidence that the woman's doctors had expressed uncertainty for years about whether the mesh was causing her pain.

  • May 01, 2025

    PepsiCo Owes $2.1M In Tax Penalties, Illinois Panel Affirms

    PepsiCo was correctly assessed $2.1 million in penalties for categorizing Frito-Lay expatriates' compensation as foreign payroll that would allow the company's profits to be excluded from state income tax calculations, according to an Illinois Appellate Court panel.

  • May 01, 2025

    3rd Circ. Backs Charter School In Black Worker's Bias Suit

    The Third Circuit upheld the dismissal of a Black cafeteria manager's suit claiming she was fired for complaining that her bosses at a charter school system mistreated her due to her race, ruling the suit falls flat because she was employed by an outside food service company.

  • May 01, 2025

    High Court Urged To Skip $272M Hertz 'Solvent Debtor' Appeal

    Wells Fargo has urged the U.S. Supreme Court to reject Hertz's appeal of a Third Circuit ruling that the car rental giant owes $272 million in make-whole payments and interest to noteholders following a Chapter 11 case it launched in 2020.

  • May 01, 2025

    PBMs Tell 6th Circ. Ohio's Pricing Case Belongs In Fed Court

    Express Scripts and Prime Therapeutics urged the Sixth Circuit to undo a district court order returning a lawsuit from Ohio's attorney general alleging they drove up prescription drug prices to state court, arguing Wednesday an after-the-fact disclaimer of federal program-based claims isn't enough to sever a federal law connection.

  • May 01, 2025

    3rd Circ. Unsure Defunct NJ Law Blocked ICE Detentions

    The Third Circuit appeared skeptical of prison operator CoreCivic Inc.'s argument Thursday that a defunct New Jersey law barring detention centers from contracting with U.S. Immigration and Customs Enforcement is unconstitutional, questioning whether the statute actually blocked the federal government from detaining migrants.

  • May 01, 2025

    Uber Needed To Collect Tax Pre-Wayfair, Ga. Panel Affirms

    Uber was required to collect and remit millions in sales taxes on behalf of drivers and customers who used its app before the Wayfair decision, a Georgia appellate panel held Thursday, ruling against the ride-hailing company and upholding a trial court decision.

  • May 01, 2025

    US Tells Justices Telemedicine Case Isn't Ideal For Eligibility

    The Justice Department is urging the U.S. Supreme Court to reject a petition over the eligibility of telemedicine patents it's accused of infringing, but it said that if the petition is granted, it plans to argue the patents shouldn't have been invalidated as abstract.

  • May 01, 2025

    Colo. Fees Don't Violate TABOR, Appeals Panel Says

    The enterprise fees in Colorado's state transportation package passed in 2021 do not violate the state's Taxpayer Bill of Rights, a state appeals court said Thursday, upholding a district court ruling and rejecting a challenge from a conservative group.

  • May 01, 2025

    RI Pot Rules Challenger Says Cause For Ditching Case Is Moot

    A Florida entrepreneur challenging Rhode Island's cannabis regulatory scheme said a judge's basis for dismissing the action no longer applies now that the state has published its rules, and has asked the First Circuit to remand the case to district court.

  • May 01, 2025

    9th Circ. Asked To Revisit Ruling On Guam Munitions Suit

    A Ninth Circuit decision allowing a Guam group to challenge an Air Force permit renewal application to detonate expired munitions conflicts with precedent and threatens to burden permit applicants, agencies and courts, the U.S. government said in a rehearing petition filed Wednesday.

  • May 01, 2025

    'Continuous' Defaults Wipe $20M Gas Plant Verdict, Court Told

    Arrow Field Services LLC has asked the Texas Supreme Court to wipe out a $20 million verdict for its general contractor on a North Dakota natural gas plant because the company "was in continuous default" during the project.

  • May 01, 2025

    Ex-Exec's Claims Against Dechert Still No Good, 2nd Circ. Told

    A North Carolina trade executive's latest trip to the Second Circuit in his quest to win damages for alleged hacking by a private investigator on Dechert LLP's behalf should end like the others, with a dismissal, defense counsel argued Thursday.

  • May 01, 2025

    Trucker Chases Down Mich. Appeals Court Win In Injury Suit

    A trucker who was hit in his sleeper cab and then ran after the semi-truck that he believed caused the incident, jumping on its running board till he was thrown, may be entitled to insurance benefits, Michigan appellate judges said, reversing most of a lower court's judgment.

  • May 01, 2025

    Senate Panel Delays A Vote On Martin Nomination For US Atty

    The Senate Judiciary Committee on Thursday held off for now a vote to call for a hearing on Ed Martin's nomination for U.S. attorney for the District of Columbia, a move Democrats say would allow more time to review his record and, they hope, convince enough Republicans to help them block his nomination.

  • May 01, 2025

    Drew Eckl Digs In To Force Breakaway Firm's Arbitration

    Drew Eckl & Farnham LLP renewed its calls for the Supreme Court of Georgia to reconsider an appellate panel's ruling that a breakaway law firm can't be forced to arbitrate a fee dispute, arguing the Georgia Court of Appeals' ruling last month "should not be allowed to become the law."

  • May 01, 2025

    Zipcar, Garage Not Liable For Injuries To Driver Returning Car

    Massachusetts-based car sharing company Zipcar and the owner of a public parking garage are not liable for injuries suffered by a college student who was struck by a drunken driver while dropping off a car back in 2017, an intermediate appellate court concluded Thursday.

  • May 01, 2025

    Frida Kahlo Co. Tries To Revive Suit Against Kahlo Family

    A company that claims to own various Frida Kahlo trademarks urged the Eleventh Circuit on Thursday to revive its lawsuit against Kahlo's family over cease-and-desist letters the family sent to partners in exhibitions of the Mexican artist's work that the company says interfered with its business.

  • May 01, 2025

    11th Circ. Says Ga. Smoke Shop Can't Burn $1.1M Verdict

    The Eleventh Circuit said a Georgia-based tobacco importer will remain on the hook for a $1.1 million verdict for selling counterfeit rolling papers, rejecting the company's arguments that the Lanham Act damages levied against it needed to bear close relation to the actual damages suffered by the papers' manufacturer.

  • May 01, 2025

    20 Former Federal Judges Launch Group To Defend Judiciary

    Twenty former federal district and circuit judges on Thursday launched a coalition to speak out about and defend the federal judiciary as political impeachment attempts against judges increase and the federal courts system faces heightened scrutiny.

  • May 01, 2025

    Florida Ethics Panel Wants Judge Booted Over Campaign Talk

    A Florida Judicial Qualifications Commission panel has "reluctantly, but of necessity" recommended the removal of a Florida judge found to have made inappropriate comments about abortion amid an election campaign, stating that the judge showed a lack of remorse for her actions in testimony before the panel.

  • May 01, 2025

    States Urge 1st Circ. To Reinstate Federal Housing Grants

    A coalition of states urged the First Circuit to reinstate a ruling that had blocked the Trump administration from cutting $30 million in fair housing grants, saying the federal government failed to consider the impact this decision would have on the groups' operations.

  • May 01, 2025

    AT&T Win Is FDIC's Loss On In-House Cases, 5th Circ. Told

    A banker challenging the Federal Deposit Insurance Corp.'s use of in-house proceedings to level a fraud judgment against him told the Fifth Circuit that its recent decision overturning a $57 million Federal Communications Commission fine against AT&T confirms that the FDIC cannot rely on a "public rights" exemption to impose fines without a jury trial.

Expert Analysis

  • Notable Q4 Updates In Insurance Class Actions

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    In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.

  • Expropriation Claims After Justices' Holocaust Asset Ruling

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    The U.S. Supreme Court's recent decision in Hungary v. Simon, rejecting Holocaust survivors' claims against the Hungarian government under the Foreign Sovereign Immunities Act's expropriation exception, continues the trend of narrowly interpreting that exception and offers important guidance for future plaintiffs considering such claims, say attorneys at MoloLamken.

  • Series

    Racing Corvettes Makes Me A Better Lawyer

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    The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.

  • Questions Remain After Justices' Narrow E-Rate FCA Ruling

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    The U.S. Supreme Court’s recent decision in Wisconsin Bell, holding that requests for reimbursement from the Federal Communications Commission's E-Rate program are subject to False Claims Act liability, resolves one important question but leaves several others open, says Jason Neal at HWG.

  • Opinion

    Attorneys Must Act Now To Protect Judicial Independence

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    Given the Trump administration's recent moves threatening the independence of the judiciary, including efforts to impeach judges who ruled against executive actions, lawyers must protect the rule of law and resist attempts to dilute the judicial branch’s authority, says attorney Bhavleen Sabharwal.

  • Colo. Anti-SLAPP Cases Highlight Dismiss Standard Disparity

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    A pair of recent decisions from the Colorado Court of Appeals highlights two disparate standards for courts evaluating anti-SLAPP motions: one that requires a court to accept the plaintiff's evidence as true and another that allows the court to assess its merits, says Jacob Hollars at Spencer Fane.

  • Appealing An Interlocutory Order On Insurer Duty To Defend

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    A recent First Circuit decision on a motion regarding an insurer's duty to defend underlying litigation highlights how policyholders may be able to pursue immediate appeals of interlocutory orders, especially in light of other circuit courts' stances on this issue, say attorneys at Anderson Kill.

  • Rethinking 'No Comment' For Clients Facing Public Crises

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    “No comment” is no longer a cost-free or even a viable public communications strategy for companies in crisis, and counsel must tailor their guidance based on a variety of competing factors to help clients emerge successfully, says Robert Bowers at Moore & Van Allen.

  • Del. Supreme Court TripAdvisor Ruling May Limit 'MFW Creep'

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    The Delaware Supreme Court's recent Maffei v. Palkon ruling regarding TripAdvisor's proposed reincorporation to Nevada potentially signals a turning point in the trend of expanding the protections from Kahn v. M&F Worldwide to other types of transactions, says Andrew J. Haile at Elon University.

  • 9th Circ. Draws The Line On Software As A Derivative Work

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    The Ninth Circuit's recent decision in Oracle International v. Rimini Street clarifies the meaning of derivative work under the Copyright Act, and when a work based upon a preexisting item doesn't constitute a derivative, says John Poulos at Norton Rose.

  • As Failure-To-Warn Preemption Wanes, Justices May Weigh In

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    Federal preemption of state failure-to-warn claims has long been a powerful defense in strict liability tort cases, but is now under attack in litigation over the weedkiller Roundup and other products — so the scope and application of preemption may require clarification by the U.S. Supreme Court, says Michael Sena at Segal McCambridge.

  • How Design Thinking Can Help Lawyers Find Purpose In Work

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    Lawyers everywhere are feeling overwhelmed amid mass government layoffs, increasing political instability and a justice system stretched to its limits — but a design-thinking framework can help attorneys navigate this uncertainty and find meaning in their work, say law professors at the University of Michigan.

  • Justices' Certiorari Denial Leaves Interstate Tax Questions

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    Since the U.S. Supreme Court recently declined to review a Philadelphia resident’s claim that her Delaware state income taxes should be credited against her city wage tax liabilities, constitutional questions about state and local tax distinctions linger, and some states may continue to apply Supreme Court precedent differently, say attorneys at Dentons.

  • Trending At The PTAB: Insights From 2024 Fed. Circ. Statistics

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    Looking at stats from the Federal Circuit's decisions in 219 Patent Trial and Appeal Board appeals last year sheds light on potential trends and strategy considerations that could improve appeals' chances of success, say attorneys at Finnegan.

  • Will Independent Federal Agencies Remain Independent?

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    For 90 years, members of multimember independent federal agencies have relied on the U.S. Supreme Court's 1935 ruling in Humphrey's Executor v. U.S. establishing the security of their positions — but as the Trump administration attempts to overturn this understanding, it is unclear how the high court will respond, says Harvey Reiter at Stinson.

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