Appellate

  • April 25, 2025

    Ramey Loses Last-Minute Attempts To Avoid Sanctions

    Texas attorney Bill Ramey and two others will have to pay more than $64,000 and alert disciplinary bodies that they have been sanctioned by Saturday, after a California federal court and the U.S. Supreme Court refused a last-minute stay on the sanctions.

  • April 25, 2025

    Thomson Reuters Tells 3rd Circ. AI Fair Use Appeal Is Too Early

    Thomson Reuters on Thursday urged the Third Circuit to reject tech startup Ross Intelligence's bid for a quick appeal focusing on two key questions from a trial court decision concluding it infringed the Westlaw platform to create an artificial intelligence-backed competing legal research tool.

  • April 25, 2025

    Justices Want More Info On HHS Authority In Task Force Row

    The U.S. Supreme Court on Friday ordered the federal government and a group of Texas businesses and individuals to compile more information as to whether the U.S. Department of Health and Human Services secretary has the authority to appoint members of a task force under the Affordable Care Act.

  • April 25, 2025

    FINRA Urges Justices To Reject Constitutional Challenge

    The Financial Industry Regulatory Authority on Friday called on the U.S. Supreme Court to turn away a case claiming that the regulator's in-house disciplinary process is unconstitutional, saying that there is no circuit split at issue and that the petition is "plagued with vehicle problems."

  • April 25, 2025

    Photo Studio Urges Justices To Reject 'Discovery Rule' Appeal

    A photography studio urged the U.S. Supreme Court on Friday to reject an appeal asking for review of the so-called discovery rule, a judicially created doctrine that allows copyright claims outside the statute of limitations, arguing that the justices already rejected a similar petition last term.

  • April 25, 2025

    9th Circ. Revives Fired Clorox Worker's Gender Bias Claim

    A Ninth Circuit panel on Friday revived a gender discrimination claim brought by a former employee of The Clorox Co. in Washington who alleged he was wrongfully fired during a reorganization, but the panel ruled against the worker on his race and age discrimination claims.

  • April 25, 2025

    Sutter Health To Pay $228M In Years-Old Antitrust Suit

    A class of millions of health insurance premium payors asked a California federal judge Friday to greenlight an eleventh-hour $228.5 million settlement resolving their long-running claims that hospital chain Sutter Health drives up costs by pushing all-or-nothing network deals on insurers.

  • April 25, 2025

    Refusing Mental Healthcare Means Liability, Pa. Justices Rule

    Physicians in Pennsylvania can be held liable for turning away a mental health patient who goes on to harm someone if that patient came to the hospital asking for help, the state Supreme Court ruled Friday.

  • April 25, 2025

    Okla. Backs Wind Farm At 10th Circ. In Osage Mineral Dispute

    Oklahoma is backing Enel Power in its Tenth Circuit bid to undo a $4.2 million judgment and order requiring it to remove 84 wind turbines from the Osage Nation reservation, saying the project provides tax revenue, employment and a stable power source for tens of thousands of homes.

  • April 25, 2025

    Up Next At High Court: Class Cert., Religious Charter Schools

    The U.S. Supreme Court will hear oral arguments in five cases this coming week, including in disputes over whether courts can certify classes of plaintiffs when some members haven't suffered an injury and whether students alleging disability discrimination in public schools must meet a higher standard of proof to bring claims under the Americans with Disabilities Act.

  • April 25, 2025

    FDIC Defends In-House Enforcement For Banking At 7th Circ.

    The Federal Deposit Insurance Corp. has pushed back against a former Illinois community bank chairman's argument that the U.S. Supreme Court's recent Jarkesy decision prohibits the FDIC from using in-house proceedings to bring enforcement claims that seek civil penalties, saying that banking-related actions, like the one at issue, are "different" from what Jarkesy involved.

  • April 25, 2025

    Texas High Court Keeps Alive REIT's 'Short And Distort' Suit

    The Texas Supreme Court found that a farmland-centered real estate investment trust's suit against a Dallas-based hedge fund could continue, but in a Friday opinion it also said a bid to dismiss the suit under the state's anti-SLAPP law could proceed on the merits.

  • April 25, 2025

    Patents Commissioner Hits Positive Note On Agency Reforms

    At an event to celebrate World Intellectual Property Day on Friday, the U.S. Patent and Trademark Office's acting patent division leader acknowledged the changes underway at the agency under the Trump administration, but said one key metric is trending in the right direction: pending patent applications.

  • April 25, 2025

    Tesla, Allies Urge Reversal Of Musk's $56B Pay Veto

    Pointing to solid Tesla stockholder approval of Elon Musk's $56 billion, multiyear compensation plan, the Chamber of Commerce's national office has urged Delaware's Supreme Court to reverse a Chancery Court strikedown of the plan and reconsider a $345 million winning-side class attorney fee.

  • April 25, 2025

    7th Circ. Upholds Mixed Verdict Over Rolling Paper Ads

    The Seventh Circuit upheld all aspects of a mixed verdict in a dispute between two rolling paper companies, saying that manufacturer HBI International had not violated the Lanham Act but also leaving in place a nationwide injunction against some of the company's advertising practices.

  • April 25, 2025

    ​​​​​​​Calif. Justices Say Sauce Cos. Can't Cap Willful Injury Liability

    The California Supreme Court held Thursday that New England Country Foods can seek unlimited damages against a competitor for allegedly stealing its barbecue sauce recipe, answering a certified question from the Ninth Circuit that a contract provision between the companies restricting liability for willful injury is unenforceable.

  • April 25, 2025

    Tort Report: Texas Justices Set Dram Shop Standard

    The Texas Supreme Court's clarification of a bar's liability in a suit over the alleged overserving of alcohol and a suit over a Boeing whistleblower's suicide lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • April 25, 2025

    Is The 'Prevailing Party' Over For Civil Rights Attys?

    The U.S. Supreme Court's ruling that preliminary injunctions don't entitle civil rights plaintiffs to recoup attorney fees was partly an attempt to reduce lengthy fee litigation, but it may have also reduced litigants' ability to vindicate their rights in court.

  • April 25, 2025

    Off The Bench: NIL Deal Drama, Oakley v. MSG, Transfer Rules

    In this week's Off The Bench, the landmark $2.78 billion settlement to compensate college athletes hits a snag, a former New York Knick's assault case against Madison Square Garden may be on shaky ground, and Vanderbilt University's quarterback fights to protect his successful challenge against the NCAA's eligibility rules.

  • April 25, 2025

    Uber Asks NC Panel To Toss 3rd Suit Over Trucker Death

    Uber's trucking and logistics arm has asked a North Carolina state appeals court to dismiss a packaging company's declaratory judgment suit over a trucker's death, arguing Friday that it is already facing two suits over the incident in other states and the lower court should not have let the case continue.

  • April 25, 2025

    Pa. Justices Clarify Property Use Statuses In Condemnations

    The Pennsylvania Supreme Court on Friday reversed a lower court decision that determined that two separated land parcels shouldn't be considered and valued as a single parcel that's used for a single unified purpose.

  • April 25, 2025

    NJ Industrial Remediation Claims Not Time-Barred, Panel Says

    A Garden State appellate panel on Friday revived New Jersey's suit seeking the remediation of a contaminated industrial property in the city of Camden and associated damages, ruling that the state's remediation claims are not time-barred.

  • April 25, 2025

    3rd Circ. Nixes Legal Group's Win In Pa. Voter Records Case

    The Third Circuit overturned a victory for a conservative legal group that seeks to scour state voter registries for ineligible voters, finding Friday the group had not shown harm from Pennsylvania's denial of records in a way that went against the purpose of the National Voter Registration Act.

  • April 25, 2025

    10th Circ. Backs Spirit Aero's $31M Clawback From Ex-CEO

    The Tenth Circuit on Friday backed Spirit AeroSystems Inc.'s decision to claw back $31 million worth of stock awards because a former CEO violated his noncompete agreement with the aircraft structure manufacturer, holding a lower court properly ruled the employment pact was enforceable under Kansas law.

  • April 25, 2025

    Apache Want To Pause Enviro Study Until High Court Ruling

    An Apache nonprofit has urged an Arizona federal judge to issue an emergency injunction barring the government from transferring an ancient worship site to a mining company until the U.S. Supreme Court can rule on the group's petition, which seeks to block the endeavor.

Expert Analysis

  • Lessons Learned From 2024's Top ADA Decisions

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    Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • The 6 Most Significant FCRA Litigation Developments Of 2024

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    From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.

  • Fed. Circ. In December: A Patent Prosecution History Lesson

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    Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.

  • The Securities Litigation Trends That Will Matter Most In 2025

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    2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • What To Watch For In The 2025 Benefits Landscape

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    While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.

  • Reviewing 2024's Crucial Patent Law Developments

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    As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.

  • Contract Disputes Recap: Adjustments, Preclusion, Waivers

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    Ken Kanzawa at Seyfarth examines three recent decisions from the Civilian Board of Contract Appeals, the U.S. Court of Federal Claims and the Armed Services Board of Contract Appeals that examine distinctions between requests for equitable adjustments and claims, forum selection and res judicata, and the waiver of penalties for expressly unallowable costs.

  • The Justices' Securities Rulings, Dismissals That Defined '24

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    The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.

  • 10 Noteworthy CFPB Developments From 2024

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    In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

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    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

  • 2024 Has Been A Momentous Year For ESG

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    Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.

  • Making The Pitch To Grow Your Company's Legal Team

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    In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

  • Justices May Find Gov't Can Keep Fraudulent Transfer Benefit

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    Based on the justices' questions at the recently argued U.S. v. Miller, the Supreme Court appears prepared to hold that the U.S. — unlike any other creditor — is permitted to retain the benefits of a fraudulent transfer to the detriment of other bankruptcy creditors, says Kevin Morse at Clark Hill.

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