Appellate

  • October 21, 2025

    Supreme Court Medina Ruling Erodes Public Health Networks

    Healthcare advocates in more than a dozen states are bracing for Planned Parenthood's ouster from public benefit programs after a U.S. Supreme Court decision in June.

  • October 21, 2025

    J&J Appeals $25M Loss In Conn. Builder's Asbestos Case

    Johnson & Johnson has appealed its losses in a Connecticut real estate developer's asbestos lawsuit, telling state trial and appellate courts that it plans to challenge denials of multiple bids to reverse a $15 million jury verdict plus an additional $10 million in punitive damages awarded by a judge.

  • October 21, 2025

    9th Circ. Says Autistic DHS Officer's Bias Suit Needs 2nd Look

    The Ninth Circuit revived an immigration officer's suit alleging the U.S. Department of Homeland Security fired him after his autism caused him to misremember a workplace injury's details, ruling the lower court was too quick to find what the government called "lack of candor" doomed his case.

  • October 21, 2025

    Medtronic Says 8th Circ. Wrongly Tossed Tax Court's Method

    The Eighth Circuit's rejection of the U.S. Tax Court's latest ruling on the pricing of Medtronic intangibles placed unnecessary restrictions on the court's unspecified method addressing such assets transferred to Puerto Rico, the company argued as it asked the Circuit Court to rethink its decision.

  • October 20, 2025

    NJ Asks If Experts Are Needed For Mental Defenses

    New Jersey's Supreme Court on Monday heard arguments on whether expert testimony is needed to advance insanity or diminished capacity defenses in two murder cases, with defense attorneys and the American Civil Liberties Union arguing state lawmakers intended juries, with or without doctors, to evaluate evidence regarding state of mind.

  • October 20, 2025

    9th Circ. Judges Doubt DOD's 'Broad' Transgender Troop Ban

    Two Ninth Circuit judges hearing an appeal Monday expressed doubts about the Trump administration's bid to vacate a preliminary injunction blocking the U.S. Department of Defense from treating gender dysphoria as a disqualifying medical condition, saying the "broad" new policy sweeps in undiagnosed individuals.

  • October 20, 2025

    Ill. Asks Justices To Keep National Guard Out Of Chicago

    Illinois and the city of Chicago implored the U.S. Supreme Court on Monday to leave in place a federal judge's order temporarily barring the Trump administration from sending National Guard troops to the Windy City, arguing the evidence on the ground comes nowhere close to supporting the president's deployment order.

  • October 20, 2025

    Trump Sending Guard To Portland Likely Legal, 9th Circ. Says

    The Ninth Circuit recognized in a split panel decision on Monday that President Donald Trump likely acted within his statutory power when he called for Oregon National Guard members to be sent to Portland, granting the federal government's bid to stay a lower court order blocking the deployment as an appeal plays out.

  • October 20, 2025

    Colo. High Court Upholds $40M Award In Med Mal Cap Suit

    The Colorado Supreme Court Monday unanimously ruled that a jury retains its authority to award damages exceeding the state's $1 million cap on medical malpractice damages subject to certain court authority, upholding a nearly $40 million judgment against a state hospital.

  • October 20, 2025

    States Urge Del. High Court To Reject Jarkesy Challenge

    State regulators are asking the Delaware Supreme Court to reject an oil-and-gas company's call to apply a recent U.S. Supreme Court decision to state-level securities fraud actions, arguing that a ruling in the company's favor could have "ripple effects" on other states' abilities to pursue alleged fraudsters via administrative courts.

  • October 20, 2025

    DA Willis' Subpoena Appeal On Hold After Testimony Deal

    Georgia's highest court agreed Monday to put off hearing a fight over whether Fulton County District Attorney Fani Willis can be brought before a legislative committee investigating her handling of the election interference case against President Donald Trump after Willis agreed to appear before the lawmakers next month.

  • October 20, 2025

    5th Circ. Affirms Fraud Conviction Of Failed Bank's Ex-CEO

    A Fifth Circuit panel upheld the conviction of former First NBC Bank CEO Ashton J. Ryan Jr., who was sentenced to 14 years in prison and ordered to pay $215 million in restitution after a jury found him guilty of bank fraud and conspiracy related to the collapse of the Louisiana bank.

  • October 20, 2025

    DOT's Immigrant Truck Driver Rule Gets DC Circ. Challenge

    Workers and unions on Monday petitioned the D.C. Circuit to review a new U.S. Department of Transportation rule that blocks certain immigrants from holding commercial driver's licenses despite having authorization to work in the U.S.

  • October 20, 2025

    Fed. Circ. Revived Chevron In PTAB Appeal, Justices Told

    The Federal Circuit has revived Chevron deference in "all but name," by relying on U.S. Patent and Trademark Office policy to answer a key question about what qualifies as prior art, a law professor has told the U.S. Supreme Court.

  • October 20, 2025

    Split Mich. Panel Orders Probe Into Black Juror's Removal

    A divided Michigan state appeals court has granted a hearing to a man convicted of child sexual abuse to determine if a prospective juror was removed because of his race.

  • October 20, 2025

    Biotech Co. Asks SEC For Emergency Delisting Pause

    Chinese biotechnology company Shineco Inc. has asked the U.S. Securities and Exchange Commission for an emergency stay of Nasdaq's suspension and delisting of its securities, arguing it will likely succeed in its pending appeal to the stock exchange.

  • October 20, 2025

    Del. Supreme Court Upholds Keynetics Trust Dissolution

    The Delaware Supreme Court on Monday upheld a Chancery Court order dissolving the Keynetics Shareholder Trust and sanctioning its chairman, ruling that the lower court acted within its discretion when it imposed penalties for repeated violations of stock transfer restrictions tied to the stock of Idaho tech firm Keynetics Inc.

  • October 20, 2025

    Funds Rip Boeing's 4th Circ. Bid To Decertify Max Fraud Class

    Institutional investors have told the Fourth Circuit that they've sufficiently laid out their damages theories to advance certified class claims alleging Boeing kept its stock price trading at inflated levels by repeatedly misrepresenting the safety of its 737 Max fleet after two crashes and a door-plug blowout.

  • October 20, 2025

    Proposed PTAB Rules Bolster SAP's Fight, Fed. Circ. Told

    SAP America Inc. told the Federal Circuit on Friday that its challenge to the U.S. Patent and Trademark Office's stance on Fintiv-based discretionary denials is bolstered by newly proposed USPTO rules, which the company says prove that "mandamus relief is urgently needed to protect important public interests."

  • October 20, 2025

    Exxon Fights 2nd Circ.'s Atty Fees Ruling In NYC Climate Case

    Exxon, BP, Shell and the American Petroleum Institute are asking the Second Circuit for en banc review of a panel's decision to award attorney fees to New York City, which is suing them for deceptive practices around climate change.

  • October 20, 2025

    Emergency Tariffs Unlawfully Unprecedented, Justices Told

    The International Emergency Economic Powers Act has never been used until President Donald Trump to impose tariffs, and nowhere does the law provide that explicit authority, a dozen states, several small businesses and a pair of Illinois toymakers told the U.S. Supreme Court Monday.

  • October 20, 2025

    Youths Appeal Dismissal Of Challenge To Trump Energy Orders

    A group of youths filed a notice of appeal with the Ninth Circuit on Monday, seeking to overturn a Montana federal judge's dismissal of their lawsuit aimed at undoing President Donald Trump's energy-related emergency orders.

  • October 20, 2025

    10th Circ. Nixes Internet Restrictions In Child Porn Case

    The Tenth Circuit has ruled that a lifetime internet restriction imposed as part of a man's sentence for child pornography and exploitation charges should be reversed, finding that there was not sufficient legal basis to uphold the restriction.

  • October 20, 2025

    21 AGs Back Planned Parenthood In Funding Freeze Fight

    A coalition of attorneys general from 21 Democrat-led states chimed in on Monday in support of Planned Parenthood's case challenging the Trump administration's push to cut off Medicaid reimbursements to its centers and affiliates, saying more than a million people could lose healthcare access if the First Circuit doesn't halt the move.     

  • October 20, 2025

    9th Circ. Nixes Class' Appeal For Reverse Mortgage Loan Suit

    The Ninth Circuit tossed an appeal and a related rehearing bid for a proposed class action that accused a company of running an unlawful reverse mortgage loan scheme, ruling that the proposed class of homeowners has agreed with the company to voluntarily drop their appeal.

Expert Analysis

  • Transource Ruling Affirms FERC's Grid Planning Authority

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    The Third Circuit's recent decision in Transource Pennsylvania v. DeFrank, reversing a state agency's denial of an electric transmission facility permit, provides a check on states' ability to veto needed power projects, and is a resounding endorsement of the Federal Energy Regulatory Commission's regional transmission planning authority, say attorneys at Wilson Sonsini.

  • In NY, Long COVID (Tolling) Still Applies

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    A series of pandemic-era executive orders in New York tolling state statutes of limitations for 228 days mean that many causes of action that appear time-barred on their face may continue to apply, including in federal practice, for the foreseeable future, say attorneys at Sher Tremonte.

  • Opinion

    Expert Reports Can't Replace Facts In Securities Fraud Cases

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    The Ninth Circuit's 2023 decision in Nvidia v. Ohman Fonder — and the U.S. Supreme Court's punt on the case in 2024 — could invite the meritless securities litigation the Private Securities Litigation Reform Act was designed to prevent by substituting expert opinions for facts to substantiate complaint assertions, say attorneys at A&O Shearman.

  • 3rd Circ. Ruling Forces A Shift In Employer CFAA Probes

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    The Third Circuit's recent ruling in NRA Group v. Durenleau, finding that "unauthorized access" requires bypassing technical barriers rather than simply violating company policies, is forcing employers to recalibrate insider misconduct investigations and turn to contractual, trade secret and state-level claims, say attorneys at Sidley.

  • Opinion

    High Court, Not A Single Justice, Should Decide On Recusal

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    As public trust in the U.S. Supreme Court continues to decline, the court should adopt a collegial framework in which all justices decide questions of recusal together — a reform that respects both judicial independence and due process for litigants, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.

  • FTC's Consumer Finance Pivot Brings Industry Pros And Cons

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    An active Federal Trade Commission against the backdrop of a leashed Consumer Financial Protection Bureau will be welcomed by most in the consumer finance industry, but the incremental expansion of the FTC's authority via enforcement actions remains a risk, say attorneys at Hudson Cook.

  • Reel Justice: 'One Battle After Another' And The Limits Of Zeal

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    The political thriller “One Battle After Another,” following a former revolutionary who became a recluse, offers a potent metaphor for attorneys on diligence and the ethical boundaries of zealous advocacy, says Veronica Finkelstein at Wilmington University School of Law.

  • Series

    Traveling Solo Makes Me A Better Lawyer

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    Traveling by myself has taught me to assess risk, understand tone and stay calm in high-pressure situations, which are not only useful life skills, but the foundation of how I support my clients, says Lacey Gutierrez at Group Five Legal.

  • 6th Circ. FirstEnergy Ruling Protects Key Legal Privileges

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    The Sixth Circuit’s recent grant of mandamus relief in In re: First Energy Corp. confirms that the attorney-client privilege and work-product protections apply to internal investigation materials, ultimately advancing the public interest, say attorneys at Cooley.

  • Opinion

    Courts Must Continue Protecting Plaintiffs In Mass Arbitration

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    In recent years, many companies have imposed onerous protocols that function to frustrate plaintiffs' ability to seek justice through mass arbitration, but a series of welcome court decisions in recent months indicate that the pendulum might be swinging back toward plaintiffs, say Raphael Janove and Sasha Jones at Janove Law.

  • Series

    Law School's Missed Lessons: Client Service

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    Law school teaches you how to interpret the law, but it doesn't teach you some of the key ways to keeping clients satisfied, lessons that I've learned in the most unexpected of places: a book on how to be a butler, says Gregory Ramos at Armstrong Teasdale.

  • Loper Bright's Evolving Application In Labor Case Appeals

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    Following the U.S. Supreme Court's decision in Loper Bright v. Raimondo, which upended decades of precedent requiring courts to defer to agency interpretations of federal regulations, the Third and Sixth Circuits' differing approaches leave little certainty as to which employment regulations remain in play, say attorneys at Foley & Lardner.

  • Mass. Ruling May Pave New Avenue To Target Subpoenas

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    A Massachusetts federal court’s recent decision to quash a subpoena seeking information on gender-affirming care at Boston Children’s Hospital is a significant departure from courts' deferential approach to subpoena enforcement, and may open a new pathway for practitioners challenging investigative tools in the future, say attorneys at Gibson Dunn.

  • Where 4th And 9th Circ. Diverge On Trade Secret Timing

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    Recent Fourth and Ninth Circuit decisions have revealed a deepening circuit split over when plaintiffs must specifically define their alleged trade secrets, turning the early stages of trade secret litigation into a key battleground and elevating the importance of forum selection, say attorneys at Skadden.

  • What Justices' Bowe Ruling Could Mean For Federal Prisoners

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    Bowe v. U.S. — set for oral argument before the U.S. Supreme Court on Oct. 14 — presents the high court with two consequential questions about the Anti-Terrorism and Effective Death Penalty Act's successive-petition regime that will be immediately relevant to federal postconviction practice, says attorney Elizabeth Franklin-Best.

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