Appellate

  • October 06, 2025

    Conn. Judges Unsure Why Court Called IVF A Sexual Act

    Connecticut appellate judges expressed some doubt Monday that a fertility doctor accused of impregnating two in vitro fertilization patients with his own sperm had committed sexual misconduct that disqualifies him from insurance coverage of a civil suit brought by his alleged children.

  • October 06, 2025

    Fed. Circ. Examines $41.8M Seagen Cancer Drug Patent Case

    With a $41.8 million infringement verdict against Daiichi Sankyo at stake, a Federal Circuit panel Monday grappled with whether a Seagen breast cancer treatment patent adequately described the claimed invention and would enable a skilled person to use it.

  • October 06, 2025

    2nd Circ. Declines To Reconsider NFL Arbitration Decision

    The Second Circuit on Monday declined the NFL's request to reconsider its finding that the league offers arbitration "in name only" and that it cannot force fired Miami Dolphins head coach Brian Flores to arbitrate his racial discrimination claims.

  • October 06, 2025

    DC Circ. Grills Feds Over Expedited Removal Procedures

    A D.C. Circuit judge on Monday pressed the government about the procedures in place for ensuring noncitizens who are ineligible for expedited removal aren't deported, noting a dearth of evidence about their sufficiency.

  • October 06, 2025

    Justices Won't Review SC School District's Arbitration Fight

    The U.S. Supreme Court on Monday declined to review a Fourth Circuit decision reviving an insurer's bid for arbitration in a South Carolina school district's suit claiming its former chief financial officer steered unnecessary and expensive insurance contracts in exchange for bribes.

  • October 06, 2025

    Full 11th Circ. Told To Rehear Sentence In Armed Career Case

    The Eleventh Circuit was asked to rehear a decision upholding a 15-year prison sentence for a man who claims an enhancement to a federal firearms conviction violates his rights under the equal protection clause of the Constitution.

  • October 06, 2025

    Justices Won't Hear Challenge To Mich. Claims Court

    The U.S. Supreme Court declined Monday to take up a challenge to the structure of Michigan's trial-level court for claims against the state, which is staffed by judges of the state's intermediate appellate court.

  • October 06, 2025

    6th Circ. Backs Firing Over Graffiti, Rejects Bias Claims

    The Sixth Circuit on Monday upheld the dismissal of a fired delivery driver's claim that his employer used allegations he painted crass graffiti on trusses as a facade to let him go for making a disability claim, finding no strong link between his workers' compensation request and his later termination.

  • October 06, 2025

    Fed. Circ. Vacates J&J's $20M Loss Over Patent Ownership

    The Federal Circuit freed Johnson & Johnson subsidiary DePuy Synthes from a $20 million infringement verdict on Monday, saying the orthopedic surgeon suing it didn't own the asserted knee replacement patents.

  • October 06, 2025

    9th Circ. Says Court Overstepped On Using Fugitive Doctrine

    The Ninth Circuit has given a French father another shot at challenging an active contempt of court warrant arising from a bitter custody battle in Oregon, ruling that despite being a fugitive in the U.S., he still has standing to sue his ex-wife for custody of their children.

  • October 06, 2025

    Supreme Court Isn't Pausing Google Play Store Order

    The U.S. Supreme Court refused on Monday to pause a sweeping injunction requiring Google to change its app store policies in a case being brought by Epic Games Inc., after the tech giant argued that the changes threaten the security and privacy of Android users.

  • October 06, 2025

    Supreme Court Won't Look At FTC's Telemarketing Rule

    The U.S. Supreme Court on Monday declined to hear a challenge to the way the Federal Communications Commission defines an outbound sales call, denying a certiorari petition from two sales companies challenging their liability for dialing numbers on the Do Not Call Registry because they weren't selling anything.

  • 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."

Expert Analysis

  • 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.

  • Series

    Adapting To Private Practice: From US Rep. To Boutique Firm

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    My transition from serving as a member of Congress to becoming a partner at a boutique firm has been remarkably smooth, in part because I never stopped exercising my legal muscles, maintained relationships with my former colleagues and set the right tone at the outset, says Mondaire Jones at Friedman Kaplan.

  • Opinion

    IRS Should Work With Industry On Microcaptive Regs

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    The IRS should engage with microcaptive insurance owners to develop better regulations on these arrangements or risk the emergence of common law guidance as taxpayers with legitimate programs seek relief in the federal courts, says Dustin Carlson at SRA 831(b) Admin.

  • FLSA Interpretation Patterns Emerge 1 Year After Loper Bright

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    One year after the U.S. Supreme Court's monumental decision in Loper Bright Enterprises v. Raimondo, four distinct avenues of judicial decision-making have taken shape among lower courts that are responding to their newfound freedom in interpreting the Fair Labor Standards Act through U.S. Department of Labor regulations, say attorneys at Kutak Rock.

  • A Pattern Emerges In Justices' Evaluation Of Veteran Statute

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    The recent Soto v. U.S. decision that the statute of limitations for certain military-related claims does not apply to combat-related special compensation exemplifies the U.S. Supreme Court's view, emerging in two other recent opinions, that it is a reviewing court's obligation to determine the best interpretation of the language used by Congress, says attorney Kenneth Carpenter.

  • Fed. Circ. In May: Evaluating Opportunistic Trademark Filings

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    The Federal Circuit's decision last month in the "US Space Force" trademark case gives the Trademark Trial and Appeal Board additional clarity when working through opportunistic trademark filings, particularly when the mark's value is primarily due to the potential value of a false connection, say attorneys at Knobbe Martens.

  • Opinion

    Senate's 41% Litigation Finance Tax Would Hurt Legal System

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    The Senate’s latest version of the Big Beautiful Bill Act would impose a 41% tax on the litigation finance industry, but the tax is totally disconnected from the concerns it purports to address, and it would set the country back to a time when small plaintiffs had little recourse against big defendants, says Anthony Sebok at Cardozo School of Law.

  • Drawbacks For Taxpayers From Justices' Levy Dispute Ruling

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    The Supreme Court's June decision in Commissioner v. Zuch, holding the Tax Court lacks jurisdiction to resolve disputes where the IRS has stopped pursuing a levy, may require taxpayers to explore new tactics for mitigating the increased difficulty of appealing their liability via collection due process hearings, says Matthew Roberts at Meadows Collier.

  • In NRC Ruling, Justices Affirm Hearing Process Still Matters

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    The U.S. Supreme Court's decision in Nuclear Regulatory Commission v. Texas safeguards the fairness, clarity and predictability of the regulatory system by affirming that to challenge an agency's decision in court, litigants must first meaningfully participate in the hearing process that Congress and the agency have established, says Jonathan Rund at the Nuclear Energy Institute.

  • What Baseball Can Teach Criminal Attys About Rule Of Lenity

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    Judges tend to assess ambiguous criminal laws not unlike how baseball umpires approach checked swings, so defense attorneys should consider how to best frame their arguments to maximize courts' willingness to invoke the rule of lenity, wherein a tie goes to the defendant, says Jonathan Porter at Husch Blackwell.

  • Tips For Litigating Apex Doctrine Disputes Amid Controversy

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    Litigants once took for granted that deposition requests of high-ranking corporate officers required a greater showing of need than for lower-level witnesses, but the apex doctrine has proven controversial in recent years, and fights over such depositions will be won by creative lawyers adapting their arguments to this particular moment, say attorneys at Hangley Aronchick.

  • Series

    Performing As A Clown Makes Me A Better Lawyer

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    To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.

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