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Appellate
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October 09, 2025
Alex Jones Wants Justices To Pause $1.4B Sandy Hook Award
Infowars host Alex Jones has asked the U.S. Supreme Court to stay enforcement of a Connecticut court judgment awarding more than $1 billion to the families of Sandy Hook Elementary School shooting victims, arguing that he has faith in the high court overturning the judgment against him.
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October 09, 2025
9th Circ. Changes Stance On Appeals Of Anti-SLAPP Denials
The full Ninth Circuit on Thursday held that denials of California anti-SLAPP motions can no longer be appealed in the midst of litigation, diverging from 22-year-old circuit precedent and finding that such orders aren't immediately appealable because they don't resolve issues "completely separate from the merits."
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October 09, 2025
Calif. Sentence Reform Laws Act 'Harmoniously,' Justices Say
The California Supreme Court on Thursday held that prisoners up for sentence reductions under a recent law may also be eligible to have their indeterminate life terms thrown out under the Three Strikes Reform Act of 2012 during resentencing, saying the laws "operate harmoniously."
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October 09, 2025
Paxton Can Move To Close Houston Nonprofit, Panel Says
Texas appellate court justices on Thursday said Attorney General Ken Paxton can initiate legal proceedings to take away an immigrant-led nonprofit's corporate charter and tax-exempt status, noting his allegations claiming it failed to comply with its purpose by engaging in political activities show there's probable ground to proceed.
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October 09, 2025
Justices Urged To Clarify Patent Validity In Entresto Case
Generic-drug makers, academics and others are urging the U.S. Supreme Court to take a case involving Novartis' blockbuster cardiovascular drug Entresto, saying the justices must bring consistency to conflicting Federal Circuit precedent on the role of later technology in assessing patent validity.
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October 09, 2025
USPTO Says Overturned PTAB Invalidation Can't Be Appealed
The U.S. Patent and Trademark Office is urging the Federal Circuit to turn away an appeal from Verizon Connect Inc., whose successful challenge at the Patent Trial and Appeal Board was overridden by the acting director.
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October 09, 2025
Ga. Panel Considers Reviving Suit Over Fatal Work Fall
The family of a man who fell to his death at SK Battery America Inc.'s lithium-ion battery production plant in Commerce, Georgia, on Thursday urged the state's intermediate appellate court to revive the case, arguing a trial court wrongly granted summary judgment to SK and its contractors.
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October 09, 2025
Biotronik Wants Full 9th Circ. Review Of Whistleblower Ruling
Biotronik Inc. urged the full Ninth Circuit to review a panel ruling that revived a whistleblower suit alleging the company used unlawful compensation tactics to boost heart-device sales, saying it should have been tossed based on prior disclosures in news articles.
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October 09, 2025
9th Circ. Probes Buyers On HIV Drug Antitrust Claims
Insurers and health plans told a Ninth Circuit panel on Thursday that a lower court was wrong to toss their claims that Gilead orchestrated a product-hop scheme for its HIV drugs ahead of trial and for not seeing a price drop as evidence of an alleged agreement with Teva to delay generics.
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October 09, 2025
McKesson Aims To Escape Dealer Claims In Overdose Death
Pharmaceutical distributor McKesson urged the Georgia Court of Appeals Thursday to throw out a suit trying to hold the company liable for a man's prescription opioid overdose death, arguing that allowing it to go forward would wrongly expand the scope of liability under a statute designed to punish illegal drug dealers.
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October 09, 2025
5th Circ. Says Army Corps Didn't Harm Dolphins In Miss.
A Fifth Circuit panel found the U.S. Army Corps of Engineers' operation of a spillway likely did not cause harm to bottlenose dolphins in the Mississippi Sound, saying Thursday that local governments failed to demonstrate how continued use would harm the marine mammals.
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October 09, 2025
NJ Justices Probe Insurer's Role In $12M Settlement Fight
The New Jersey Supreme Court zeroed in Thursday on how far insurers can go in reserving their rights without taking a definitive position on coverage, as Mist Pharmaceuticals LLC accused Berkley Insurance Co. of stonewalling a $12 million settlement by hiding behind ambiguity in its "capacity exclusion" clause.
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October 09, 2025
Feds Urge 9th Circ. To Allow Portland Troop Deployment
A Ninth Circuit panel appeared split Thursday on the Trump administration's bid to preserve its ability to send Oregon National Guard members to Portland, with one judge suggesting the president's decision is entitled to deference and another panelist skeptical that the federal government would suffer harm if the deployment plan is tabled.
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October 09, 2025
Fed. Circ. Affirms Contractor Is Due Money For COVID Delays
The Federal Circuit on Thursday backed an Armed Services Board of Contract Appeals decision finding the government must compensate a contractor for fees incurred during the 2020 COVID-19 shutdown, just days after hearing oral argument.
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October 09, 2025
Mich. Justice Eyes Scope Of Judge-As-Grand-Jury Issue
Michigan's chief Supreme Court justice on Thursday pondered the real-world implications of retroactively applying a 2022 ruling that judges cannot act as a one-person grand jury to issue indictments, saying the practice seems to have grown more prevalent.
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October 09, 2025
Wash. High Court Rules Tribe Is Immune From Property Claim
Washington's Supreme Court on Oct. 9 sided with the Stillaguamish Tribe of Indians in a dispute over land rights, ruling that the federally recognized tribe is immune from a lawsuit filed by a farm seeking to wrest ownership of a piece of property along the Stillaguamish River.
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October 09, 2025
ADA Doesn't Stop At Prison Gates, 3rd Circ. Says In Reversal
The Third Circuit ordered a lower court to accept an incarcerated man's amended Americans with Disabilities Act lawsuit against a Pennsylvania prison that he says denied him proper medical treatment when a spinal cord injury left him paralyzed in his cell.
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October 09, 2025
Nissan, Drivers Reach Deal To End Faulty Brake Claims
Nissan North America Inc. and drivers on Thursday reached a settlement in principle in Tennessee federal court that would end multistate claims alleging the automatic braking systems in certain Nissan vehicles would sometimes trigger and cause the cars to stop suddenly, creating an unpredictable hazard.
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October 09, 2025
Fla. High Court Hears Ex-Marvel CEO's Punitive Damages Bid
The former CEO of Marvel Entertainment on Thursday urged the Florida Supreme Court to revive his punitive damages claim over the secret collection of his wife's DNA in connection to a hate letter campaign, arguing his client was wrongfully held to a higher burden in order to establish the claim.
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October 09, 2025
San Antonio Abandons Out-Of-State Abortion Travel Appeal
The city of San Antonio on Thursday conceded defeat in its request for court approval to go forward with a program that included funding for out-of-state travel for abortions, handing a victory to the state's attorney general.
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October 09, 2025
Mich. Justices Mull Tort Damages Bar For Nonresident Drivers
Members of Michigan's Supreme Court on Thursday expressed reservations about an intermediate appellate court's decision that nonresidents who fail to carry Michigan insurance for a vehicle they regularly drive in the state can recover tort damages after a car accident.
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October 09, 2025
Judge Seeks NCAA Ruling's Impact On Tenn. Player's Suit
With an appeal by the NCAA over an injunction permitting Vanderbilt University quarterback Diego Pavia to continue playing football tossed out by the Sixth Circuit last week, a Tennessee federal judge has given the NCAA and a former college basketball player until Oct. 30 to explain how the ruling affects a separate challenge to the organization's eligibility rules.
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October 09, 2025
Jenn Mascott Of WH Counsel's Office Confirmed To 3rd Circ.
The Senate voted 50-47 on Thursday to confirm Jenn Mascott, currently serving in the White House Counsel's Office, to the Delaware seat on the Third Circuit.
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October 09, 2025
Tort Report: Nuked 'Nuclear Verdict' Stays, Texas Justices Say
The fate of a "nuclear verdict" that was used to jump-start tort reform campaigns across the country and a settlement of a suit over a Kiss guitar technician's death lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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October 09, 2025
Texas Justices Weigh $26M Fracking Water Pipeline Verdict
The Texas Supreme Court pushed Equinor Energy LP on Thursday to explain how language in a contract gave it the right to seek water for fracking from other sources, asking why the company should get out of a $26 million verdict.
Expert Analysis
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2 Circuit Court Rulings Offer A Class Certification Primer
Two recent decisions from the Third and Sixth Circuits provide guidance on the rigorous analysis of predominance that courts might require for class certification, and insights into how defendants might oppose or narrow potential class actions, say attorneys at DLA Piper.
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Supreme Court's Criminal Law Decisions: The Term In Review
Though the U.S. Supreme Court’s criminal law decisions in its recently concluded term proved underwhelming by many measures, their opinions revealed trends in how the justices approach criminal cases and offered reminders for practitioners, says Kenneth Notter at MoloLamken.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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2nd Circ. Reinforces Consensus On Vacating Foreign Awards
In Molecular Dynamics v. Spectrum Dynamics Medical, the Second Circuit recently affirmed that federal district courts do not possess subject matter jurisdiction to vacate foreign arbitral awards, strengthening this consensus across the circuits most active in recognition and enforcement actions, says Ed Mullins at Reed Smith.
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What Dismissal Rulings May Mean For ERISA Forfeiture Cases
Following an influx of Employee Retirement Income Security Act class actions challenging the long-standing practice of plan sponsors using plan forfeitures to offset employer contributions, recent motion to dismiss rulings and a U.S. Department of Labor amicus brief may encourage more courts to reject plaintiffs' forfeiture theories, say attorneys at Mayer Brown.
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Justices' Age Verification Ruling May Lead To More State Laws
The U.S. Supreme Court’s recent Free Speech Coalition v. Paxton ruling, permitting a Texas law requiring certain websites to verify users’ ages, significantly expands states' ability to regulate minors’ social media access, further complicating the patchwork of internet privacy laws, say attorneys at Troutman.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Reel Justice: 'Oh, Hi!' Teaches Attys To Return To The Statute
The new dark comedy film “Oh, Hi!” — depicting a romantic vacation that turns into an inadvertent kidnapping — should remind criminal practitioners to always reread the statute to avoid assumptions, meet their ethical duties and finesse their trial strategy, says Veronica Finkelstein at Wilmington University School of Law.
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Patent Ambiguity Persists After Justices Nix Eligibility Appeal
The Supreme Court recently declined to revisit the contentious framework governing patent eligibility by denying certiorari in Audio Evolution Diagnostics v. U.S., suggesting a necessary recalibration of both patent application and litigation strategies, say attorneys at Skadden.
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Justices' Decision Axing Retiree's ADA Claim Offers Clarity
The U.S. Supreme Court's holding in Stanley v. City of Sanford that protections under Title I of the Americans with Disabilities Act don't extend to retirees potentially limits liability by giving employers additional support to challenge complaints, and highlights the need for proactive policy management to mitigate risk, say attorneys at Jackson Lewis.
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Fed. Circ. In June: Transitional Phrases In Patent Claims
The Federal Circuit's recent decision in Eye Therapies v. Slayback Pharma takes on the rarely addressed topic of transitional phrases in patent claims, providing some useful lessons regarding restating claim language and broadly distinguishing prior art, say attorneys at Knobbe Martens.
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Series
Playing Soccer Makes Me A Better Lawyer
Soccer has become a key contributor to how I approach my work, and the lessons I’ve learned on the pitch about leadership, adaptability, resilience and communication make me better at what I do every day in my legal career, says Whitney O’Byrne at MoFo.
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What To Do When Congress And DOJ Both Come Knocking
As recently seen in the news, clients may find themselves facing parallel U.S. Department of Justice and congressional investigations, requiring a comprehensive response that considers the different challenges posed by each, say attorneys at Friedman Kaplan.
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Series
Law School's Missed Lessons: Learning From Failure
While law school often focuses on the importance of precision, correctness and perfection, mistakes are inevitable in real-world practice — but failure is not the opposite of progress, and real talent comes from the ability to recover, rethink and reshape, says Brooke Pauley at Tucker Ellis.