Appellate

  • October 06, 2025

    Womble Bond Atty Tells 4th Circ. He Didn't Mislead Dutch Court

    There's no evidence that Womble Bond Dickinson partner Pressly Millen misled a Dutch court or violated a federal judge's correction order in a $28 million trademark dispute, Millen has told the Fourth Circuit in a bid to reverse a contempt order against him.

  • October 06, 2025

    Justices Nix Petition Over Due Process In Arbitration

    The U.S. Supreme Court on Monday turned away a petition challenging a Florida appellate court decision that vacated a $1.5 million legal malpractice arbitration award against a company's former attorneys, Miami-based personal injury firm Ferraro Law Firm PA.

  • October 06, 2025

    Justices Deny Cert. In Uber Wrongful Death, Sex Assault Suits

    The U.S. Supreme Court Monday denied Uber's petition for review of two Ninth Circuit rulings holding it had a duty of care, one in a wrongful death case brought by a murdered driver's family and the other from a woman who was sexually assaulted by a suspended driver.

  • October 06, 2025

    Fed. Circ. Partially Revives German Steel Co.'s Dumping Suit

    The U.S. Commerce Department cannot use a German steelmaker's likely sales prices as a proxy for the cost of producing nonprime steel plates, but the company acted too late to argue for categorizing some plates separately as it challenges Commerce's antidumping investigation, the Federal Circuit said Monday.

  • October 06, 2025

    High Court Won't Take Up Md. Retirees' Drug Benefits Suit

    The U.S. Supreme Court on Monday refused to review a Fourth Circuit decision concluding that Maryland wasn't contractually bound to provide benefits to employees upon retirement, turning away a case that challenged the state's transition of retirees' prescription drug benefits from a state subsidy to Medicare.

  • October 06, 2025

    NJ Justices Seem Skeptical Wage Law Excludes Immigrants

    The New Jersey Supreme Court appeared skeptical Monday that a worker can't bring state wage and hour claims because he is an unauthorized immigrant, as an appellate court had found, and grilled a realty management company's attorney about the source of an argument.

  • October 06, 2025

    Law Profs Say CareDx False Ad Verdict Should Stand

    Two law professors have urged the Third Circuit to grant medical testing company CareDx's request for another chance to argue why its $45 million false advertising verdict against a rival should be reinstated, saying a ruling nixing the verdict will disallow juries from using circumstantial evidence and encourage false advertisers to "try their luck."

  • October 06, 2025

    Pa. Justices Reject Parole Board Record Privilege Argument

    The Pennsylvania Supreme Court found Monday that probation and parole records were not privileged under a state record-confidentiality law, saying the state's parole board has no authority to "create an evidentiary privilege."

  • October 06, 2025

    Justices Asked To Narrow Honest Services Fraud In FIFA Case

    A South American sports marketing firm has asked the U.S. Supreme Court to review its reinstated bribery convictions, arguing that the Second Circuit's "extreme" application of honest services fraud law expanded the ability to secure convictions based on a private code of conduct.

  • October 06, 2025

    3rd Circ. Rejects Novo Nordisk's Medicare Pricing Challenge

    The Third Circuit on Monday shot down another challenge to the Medicare drug price negotiation program, denying claims by pharmaceutical giant Novo Nordisk that Congress illegally delegated too much authority to the executive branch.

  • October 06, 2025

    Catching Up With Delaware's Chancery Court

    Last week, the owner of the Kentucky Derby was hit with a suit accusing it of withholding escrow funds for environmental compliance violations owed under a 2022 deal with hospitality company Enchantment Holdings LLC.

  • October 06, 2025

    High Court Ends Challenge To Wash. Tribal Gaming Compacts

    The Supreme Court won't hear a casino owner and operator's petition to overturn a Ninth Circuit order over the validity of Washington state tribal gaming compacts, with the operator arguing that the sovereignty case implicates an acknowledged conflict about the interplay of the Administrative Procedure Act.

  • October 06, 2025

    NJ High Court Skeptical Of Expanding Nonclient Malpractice

    The New Jersey Supreme Court appeared doubtful Monday about extending the ability of nonclients to sue attorneys for malpractice claims, with one justice noting how the proposed duty would have "no bounds."

  • October 06, 2025

    High Court Won't Hear Case Over Starz Strip Club Show

    A playwright on Monday lost her bid to have the U.S. Supreme Court consider reviving her claims that Starz Entertainment copied her stage musical for the strip club drama series "P-Valley."

  • October 06, 2025

    NC Chamber Says AG Overstepping In DuPont Pollution Suit

    The North Carolina Chamber has urged the state's top court to review a forever chemical contamination suit against two DuPont spinoffs, saying state Attorney General Jeff Jackson is "driving far outside of his lane" by continuing to press forward with the case.

  • October 06, 2025

    Justices Won't Review EFAA's Effect On Wage Claims

    The U.S. Supreme Court rejected on Monday an invitation to consider whether the 3-year-old Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act can also push workers' wage and hour claims into federal court.

  • October 06, 2025

    FirstEnergy Pushes Justices To Restore FERC Grid Incentive

    FirstEnergy Corp. has said electricity markets would be roiled by uncertainty if the U.S. Supreme Court doesn't undo the Federal Energy Regulatory Commission's revocation of an incentive for power companies that are required to be members of a regional transmission organization.

  • October 06, 2025

    8th Circ. Revives Part Of Legal Tech Worker's OT Dispute

    The Eighth Circuit said in a published opinion Monday that the Minnesota federal district court must reexamine whether it has jurisdiction over an employee at legal document review company Consilio's pursuit of statutory damages for unpaid overtime under the Minnesota Fair Labor Standards Act.

  • October 06, 2025

    Justices Skip Unpaid Texas Tech Mentor's Retaliation Suit

    The U.S. Supreme Court declined on Monday to review a former Texas Tech University graduate research assistant's suit alleging she lost an unpaid mentor position for complaining about a professor's sexual harassment, leaving intact the Fifth Circuit's finding that she wasn't technically an employee.

  • October 06, 2025

    High Court Wants Feds' Input On Coffee Drink TM Fight

    The solicitor general has been asked by the U.S. Supreme Court to weigh in on a trademark case against PepsiCo Inc. launched by a company that makes nitro-brewed coffee drinks called Rise.

  • October 06, 2025

    High Court Won't Weigh NLRB 'Substantial Evidence' Standard

    The U.S. Supreme Court will not take up an Oregon distillery's challenge to how federal courts weigh whether to affirm National Labor Relations Board decisions, declining Monday to place a case on its docket that questioned what is known as the substantial evidence standard of review.

  • October 06, 2025

    Justices Won't Review 5th Circ. Ending ACA Trans Policy Suit

    The U.S. Supreme Court on Monday declined to review the Fifth Circuit's decision to shut down a challenge to a Biden-era interpretation of the Affordable Care Act's nondiscrimination-in-healthcare policy as also protecting against gender identity bias, which an appellate panel told a Texas court to dismiss in December.

  • October 06, 2025

    DJ Company Misclassified Workers, NJ Panel Rules

    A New Jersey wedding DJ services company misclassified its entertainers as independent contractors rather than employees, the state appeals court ruled, affirming the state Department of Labor's $45,645 judgment against the company.

  • October 06, 2025

    Baseball's Antitrust Exemption Escapes High Court Review

    The U.S. Supreme Court refused a request on Monday to review baseball's century-old exemption from antitrust law in a case from players accusing Major League Baseball and its teams of colluding to pay minor leaguers "poverty level" wages.

  • October 06, 2025

    Justices Won't Revisit Apache Land Exchange Dispute

    The U.S. Supreme Court won't reconsider its decision to deny an Apache nonprofit's petition that looked to block the transfer of nearly 2,500 acres to a copper mining company it said would destroy an ancient Indigenous worship site.

Expert Analysis

  • Justices Rewrite Rules For Challenging Enviro Agency Actions

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    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.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    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.

  • High Court ACA Ruling May Harm Preventative Care

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    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.

  • Opinion

    Subject Matter Eligibility Test Should Return To Preemption

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    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.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    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.

  • Kousisis Concurrence Maps FCA Defense To Anti-DEI Suits

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    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.

  • Justices' Review Of Fluor May Alter Gov't Contractor Liability

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    The U.S. Supreme Court's decision to review Hencely v. Fluor, a case involving a soldier’s personal injury claims against a government contractor, suggests the justices could reconsider a long-standing test for determining whether contractors are shielded from state-tort liability, says Lisa Himes at Rogers Joseph.

  • Google Damages Ruling Offers Lessons For Testifying Experts

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    The Federal Circuit's recent decision in EcoFactor v. Google represents a shift in how courts evaluate expert testimony in patent cases, offering a practical guide for how litigators and testifying experts can refine their work, says Adam Rhoten at Secretariat.

  • Series

    Law School's Missed Lessons: Communicating With Clients

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    Law school curricula often overlook client communication procedures, and those who actively teach this crucial facet of the practice can create exceptional client satisfaction and success, says Patrick Hanson at Wiggam Law.

  • One Year On, Davidson Holds Lessons On 'Health Halo' Claims

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    A year after the Ninth Circuit's Davidson v. Sprout Foods decision — which raised the bar for so-called health halo claims — food and beverage companies can draw insights from its finding, subsequently expanded on by other courts, that plaintiffs must be specific when alleging fraud in healthfulness marketing, say attorneys at Sidley.

  • Justices' NRC Ruling Raises New Regulatory Questions

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    In Nuclear Regulatory Commission v. Texas, the U.S. Supreme Court avoided ruling on the NRC's authority to license private, temporary nuclear waste storage facilities — and this failure to reach the merits question creates new regulatory uncertainty where none had existed for decades, say attorneys at Holland & Knight.

  • Rocket Mortgage Appeal May Push Justices To Curb Classes

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    Should the U.S. Supreme Court agree to hear Alig v. Rocket Mortgage, the resulting decision could limit class sizes based on commonality under Rule 23 of the Federal Rules of Evidence as opposed to standing under Article III of the U.S. Constitution, say attorneys at Carr Maloney.

  • 3 Judicial Approaches To Applying Loper Bright, 1 Year Later

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    In the year since the U.S. Supreme Court overturned Chevron deference in its Loper Bright Enterprises v. Raimondo decision, a few patterns have emerged in lower courts’ application of the precedent to determine whether agency actions are lawful, say attorneys at Husch Blackwell.

  • Trending At The PTAB: Shifts In Parallel Proceedings Strategy

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    Dynamics are changing between the Patent Trial and Appeal Board and federal courts, with two recent discretionary denials and one Federal Circuit decision offering takeaways for both patent owners and challengers navigating parallel proceedings, say attorneys at Finnegan.

  • What Businesses Need To Know To Avoid VPPA Class Actions

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    Divergent rulings by the Second, Sixth and Seventh Circuits about the scope of the Video Privacy Protection Act have highlighted the difficulty of applying a statute conceived to regulate the now-obsolete brick-and-mortar video store sector in today's internet economy, say attorneys at DTO Law.

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