Appellate

  • April 23, 2025

    6th Circ. Preserves Enbridge's Pipeline Suit Against Mich.

    The Sixth Circuit on Wednesday said Enbridge Energy LP can pursue its lawsuit challenging Michigan's decision to revoke an easement for a natural gas and oil pipeline, rejecting the state's argument that it was protected by sovereign immunity.

  • April 23, 2025

    Allstate Denied Appeal In Fla. Suit Involving 'Phantom' Vehicle

    A Florida state appellate court Wednesday denied Allstate insurance company's appeal in a collision lawsuit involving a "phantom" car, saying witnesses' general denial of ever seeing the vehicle isn't enough to overcome the inference that it didn't exist.

  • April 23, 2025

    Feds Ask 1st Circ. To Pause Block On '3rd Country' Removals

    The Trump administration has asked the First Circuit to lift an order restricting deportations to countries where migrants have no prior ties and may face safety risks, describing the Massachusetts federal judge's ruling as an "unlawful" overreach.

  • April 23, 2025

    SCOTUSblog Sold Amid Goldstein's Criminal Case

    SCOTUSblog has been sold to digital media company The Dispatch, according to announcements from both publications Wednesday, marking a new chapter for the U.S. Supreme Court-focused legal publication while its co-founder Tom Goldstein faces criminal charges.

  • April 23, 2025

    Ex-Atlanta Atty Asks 11th Circ. To Revive Sex Harassment Suit

    A former attorney for the city of Atlanta urged the Eleventh Circuit on Wednesday to revive her sexual harassment and disability discrimination suit against the city alleging she was fired after complaining that her boss, a prominent civil rights lawyer, made sexual advances towards her.

  • April 23, 2025

    Immigration Board Won't Halt Removal Of Ex-Gang Member

    The Board of Immigration Appeals said a former MS-13 gang member has not met his burden to show that he is more likely than not to be tortured in El Salvador, reversing an immigration judge's decision deferring his removal.

  • April 23, 2025

    Ex-Ky. Dinsmore L&E Atty Joins Cozen O'Connor In Chicago

    Cozen O'Connor announced Wednesday that an employment and appellate litigator from Dinsmore & Shohl LLP is joining its Chicago office after 15 years practicing in Kentucky.

  • April 23, 2025

    5th Circ. Nixes Order Letting Union Join NLRB Challenge

    The Fifth Circuit has walked back an order allowing the Office and Professional Employees International Union to intervene in a high-profile case challenging the National Labor Relations Board's constitutionality, saying the union's interests are adequately spelled out in its amicus brief and represented by the board.

  • April 23, 2025

    Governor Taps Appellate Judge For Michigan Supreme Court

    Michigan Court of Appeals Judge Noah P. Hood was picked Wednesday to fill a vacancy on the state's highest court left by the chief justice's resignation this month.

  • April 23, 2025

    Mo. Counties, State Argue For Cannabis Tax At High Court

    A county is a local government and should be allowed to impose a 3% additional sales tax on adult-use cannabis, two counties and the Missouri revenue director told the state Supreme Court.

  • April 23, 2025

    Vanderbilt QB Fights To Protect NCAA Eligibility At 6th Circ.

    Attorneys for Vanderbilt University quarterback Diego Pavia urged the Sixth Circuit to leave in place a lower court's rebuke of the NCAA's rule limiting eligibility for junior-college athletes, stressing that the disputed restrictions are a flagrant violation of antitrust law.

  • April 23, 2025

    Judge Likely To Block Trump Collective-Bargaining Ban

    A D.C. federal judge appeared ready on Wednesday to block President Donald Trump's executive order threatening to strip as many as 100,000 federal employees of their collective bargaining power, saying the order seems to target unions because they've challenged his actions, not because of any purported national security justification.

  • April 23, 2025

    Split 4th Circ. Halts Ballot Curing In NC Top Court Race

    A split Fourth Circuit panel froze the North Carolina Supreme Court's order requiring the Tar Heel State elections board to start a "curing process" for allegedly deficient ballots in a judicial election that a Republican judge is contesting, agreeing with the incumbent Democratic justice that her constitutional claims must be resolved first.

  • April 22, 2025

    Trump Appointees Raise Eyebrows At Trans Troop Ban

    Despite a panel made mostly of Trump appointees, the D.C. Circuit seemed skeptical Tuesday morning as it heard out the government's argument for why it should be allowed to implement its ban on transgender troops in the military while litigation challenging that policy plays out.

  • April 22, 2025

    Texas Court Questions $55M Arbitration Award's Validity

    A Texas appeals panel asked why a $55 million arbitration award to the former director of a Dallas alternative asset investment company can't float just because the arbitrator based the damages on securities filings, saying Tuesday that arbitrators have broad discretion to determine damages.

  • April 22, 2025

    'Contract' Key To Law School Loan Appeal, Conn. Court Told

    A Florida employment attorney is wrong to argue that a family court order qualifies as a contract, counsel for the mother of his child told the Connecticut Appellate Court on Tuesday in defending her win in an unjust enrichment case over his student loan payments.

  • April 22, 2025

    Justices Struggle To Grasp IRS Determination To Collect Debt

    U.S. Supreme Court justices struggled Tuesday to understand the significance of an IRS determination that compelled a woman to continue litigating a 2010 tax debt that the agency zeroed out while her suit in Tax Court was pending over the determination that she still owed taxes. 

  • April 22, 2025

    Justices Urged To Deny Jan. 6 Cops' Bid To Shield Identities

    The U.S. Supreme Court should reject an appeal from Seattle cops who joined the Jan. 6 "Stop the Steal" demonstration in D.C. and now want to stay incognito, according to a former law school student on Tuesday who sought police records identifying the officers and who said U.S. Supreme Court rules require the officers to seek relief in Washington state court. 

  • April 22, 2025

    DC Circ. Says NLRB's Google Joint Employer Case Is Moot

    The D.C. Circuit vacated on Tuesday a National Labor Relations Board order requiring Google and contractor Cognizant to bargain with a union representing YouTube Music workers, saying the end of the tech giant's contract with Cognizant mooted the dispute.

  • April 22, 2025

    US Intends To Proceed With Ariz. Copper Mine, Justices Told

    The U.S. government says there has been no doubt that it intends to proceed with a land exchange in Arizona for a planned multibillion-dollar copper mine, telling the U.S. Supreme Court that its recent notice of publication of a final environmental impact statement for the project does not constitute urgent review.

  • April 22, 2025

    9th Circ. Affirms Otonomo's Escape Of Calif. Car Tracking Suit

    The Ninth Circuit on Tuesday unanimously refused to revive a California man's proposed class action accusing autotech company Otonomo Inc. of surreptitiously tracking drivers' movements in violation of California privacy law, finding that a device installed in the man's BMW wasn't an "electronic tracking device" under the relevant state law.

  • April 22, 2025

    District's $59M Building Contract Void Over Undisclosed Gifts

    A state appeals court freed a West Texas school district from a suit over the termination of a $59 million construction contract, finding that the construction company didn't properly disclose multiple gifts to district employees.

  • April 22, 2025

    Pharmaceutical Co. Buyers Win Del. Fraud Suit Revival

    Multiple reasonable interpretations of a letter agreement in a $35 million deal for three pharmaceutical companies proved enough Tuesday to trigger a Delaware Supreme Court reversal of a lower court decision tossing buyers' fraudulent inducement claims.

  • April 22, 2025

    Wash. Appeals Panel Revives State Patrol Commute Pay Suit

    Washington state troopers can sue their employer directly in superior court over alleged minimum wage violations before exhausting the grievance process under collective bargaining agreements, an Evergreen State appellate court said Tuesday, distinguishing the challenged policies from the union contracts.

  • April 22, 2025

    CFPB Waves White Flag In Prepaid Rule Fight With PayPal

    The Consumer Financial Protection Bureau has abandoned its D.C. Circuit defense of a rule that subjected Venmo-style digital wallets to some of the same fee disclosure requirements as reloadable prepaid cards, walking away from an appeal of PayPal's legal challenge to the regulation.

Expert Analysis

  • Series

    Playing Rugby Makes Me A Better Lawyer

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    My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.

  • Looking Back At 2024's Noteworthy State AG Litigation

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    State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.

  • Opinion

    No, Litigation Funders Are Not 'Fleeing' The District Of Del.

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    A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.

  • The Compliance Trends And Imperatives On Tap In 2025

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    The corporate ethics and compliance landscape is rapidly evolving, posing challenges from conflicting stakeholder expectations to technological disruptions, and businesses will need to explore human-centered, data-driven and evidence-based practices, says Hui Chen at CDE Advisors.

  • Opinion

    Congress Should Finally Add Clarity To Section 101

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    With both the U.S. House of Representatives and Senate introducing bills to provide guidance on what qualifies as patentable subject matter under the Patent Act, Congress will hopefully put an end at last to 10 years of uncertainty surrounding the question, says David Carstens at Carstens Allen.

  • 5 Advertising Law Trends To Watch In 2025

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    Although advertisers are encouraged by the incoming Trump administration's focus on deregulation, this year could feel like wading through uncharted waters, and decreased federal government regulation may mean increased state regulation, say attorneys at Reed Smith.

  • 5 E-Discovery Predictions For 2025 And Beyond

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    In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.

  • NY Plastic Pollution Verdict May Not Bode Well For Other Suits

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    The dismissal of New York state's public nuisance complaint against PepsiCo over pollution of the Buffalo River with the company's single use plastic bottles may not augur well for similar lawsuits filed by Baltimore and Los Angeles County, although tort law varies from state to state, say attorneys at Winston & Strawn.

  • What To Expect From Federal Cybersecurity Policy In 2025

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    There are 12 cyber policy questions to keep an eye on as the new administration and Republican control of Congress present an opportunity to advance less regulatory approaches and revisit some choices from the prior administration, say attorneys at Wiley.

  • Bid Protest Spotlight: Certification, Lateness, SBA Eligibility

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    In this month's bid protest roundup, Cody Fisher at MoFo examines three recent decisions from the U.S. Court of Appeals for the Federal Circuit and the U.S. Government Accountability Office that address the treatment of a proposal that was timely submitted but received late, and highlight nuances of certification and small business eligibility requirements.

  • How Decline Of Deference Will Affect Trump Policymaking

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    An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.

  • Series

    Ohio Banking Brief: All The Notable Legal Updates In Q4

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    Ohio's banking and financial services sector saw several significant developments in the fourth quarter of 2024, including a landmark Uniform Commercial Code ruling, adjustments to the state's Homebuyer Plus Program and the launch of the state's first women-led bank, says attorney Alex Durst.

  • 6 Predictions For Cyber Risk And Insurance In 2025

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    This year is likely to bring with it some thorny and expensive cyber challenges, including increased ransomware activity, more data breach class actions and continued efforts to define business interruption loss calculations, say attorneys at Wiley.

  • 7 Ways 2nd Trump Administration May Affect Partner Hiring

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    President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.

  • Opinion

    Courts Must Curb The Drug Price Negotiation Program

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    The Inflation Reduction Act's drug price negotiation program upends incentive structures that drive medical innovation, and courts must act appropriately to avoid devastating consequences for American healthcare and the pharmaceutical industry, says Jeff Stier at the Consumer Choice Center.

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