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Appellate
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June 24, 2025
Trump Hones Immunity Argument In 2nd Circ. Carroll Appeal
Counsel for President Donald Trump told the Second Circuit on Tuesday that he did not "unequivocally and explicitly" waive presidential immunity before a jury awarded writer E. Jean Carroll $83.3 million in their defamation battle, refining the theory that he cannot be held liable.
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June 24, 2025
Pollution Exclusion Applies Without Exception, AIG Unit Says
An AIG unit urged the Illinois Supreme Court to find that a permit or regulation allowing a company to discharge toxins into the environment has no bearing on the application of a pollution exclusion, saying "pollution is pollution" regardless of government authorization.
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June 24, 2025
DHS Says District Court Defying Justices' Third Country Order
The Trump administration asked the U.S. Supreme Court on Tuesday to clarify its order allowing the government to send noncitizens to countries they have no connection to with little or no prior warning, after a Massachusetts federal judge ruled the decision doesn't apply to men currently held at a U.S. military base in Djibouti.
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June 24, 2025
Robbery Intent Enough For Murder Rap, Conn. Justices Rule
Connecticut can secure a murder conviction for a man whose robbery attempt resulted in a fatal shooting — even though he didn't pull the trigger — because it didn't need to prove the shooter was an accessory to the would-be thief, according to a state high court opinion released Tuesday.
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June 24, 2025
Judiciary Warns Congress Of Cyber Risks To PACER
PACER, the online public repository of federal court documents, is vulnerable to cyberthreats, a top judiciary official told members of Congress on Tuesday.
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June 24, 2025
Fed. Circ. Backs Unified Patents' PTAB Win Over Streaming IP
The Federal Circuit refused to revive a pair of claims in a DivX streaming patent, backing a Patent Trial and Appeal Board decision that said challenger Unified Patents was able to show the claims were invalid.
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June 24, 2025
10th Circ. Rejects Ex-GC's Sanctions Bid Against Loeb & Loeb
The Tenth Circuit has sided with a district court's decision dismissing a bid by the former general counsel of a medical device company to have Loeb & Loeb LLP sanctioned for bringing what he said was a baseless lawsuit against him on behalf of his former employer.
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June 24, 2025
Ex-Staffer For Judge Wants Wage Theft Appeal Outside Circuit
A former staffer for retired Seventh Circuit Judge Richard Posner has followed through on his pledge to appeal his district court loss of wage theft claims against the ex-judge, filing a motion to have his appeal heard in a different circuit and a request to unseal a medical document.
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June 24, 2025
Pot Dispatcher Can't Upend Co-Worker's $400K Wage Deal
A California appeals court has upheld a $400,000 wage-and-hour settlement between a cannabis delivery driver and The Highest Craft LLC, finding that a dispatcher whose claims are also covered under the settlement failed to show the deal was unfair or insufficiently investigated.
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June 24, 2025
Mass. Justices Say Key In Ignition Triggers DUI Law
Massachusetts' highest court on Tuesday found that the act of sitting behind the wheel with the key in the ignition is enough to sustain a drunken driving charge, even if the car is not in motion and the engine is not turned on.
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June 23, 2025
Samsung Back On Hook To Pay $10M Over Exploding Battery
Samsung Electronics America Inc. is back on the hook for a $10 million default judgment won by a Georgia man who alleged one of its batteries exploded in his e-cigarette, after a state appellate panel said Monday a trial court wrongly found the suit should have been filed in a different county.
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June 23, 2025
9th Circ. Revives Antitrust Counterclaims Against CoStar
A Ninth Circuit panel on Monday revived counterclaims accusing CoStar of monopolizing commercial real estate information markets in the company's case accusing a rival of engaging in "industrial-scale" copyright infringement.
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June 23, 2025
High Court's Ruling Against Texas Could Tank FCC Wi-Fi Case
As the Federal Communications Commission faces a Fifth Circuit challenge to its plan to fund school bus Wi-Fi, the appeals court is weighing how a U.S. Supreme Court ruling last week against Texas in a nuclear waste case impacts its jurisdiction.
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June 23, 2025
9th Circ. Backs $26M Fraud Penalty Against Importer
The Ninth Circuit on Monday upheld a $26 million tripled fraud verdict against a pipe importer over allegations it made false statements on customs forms to avoid paying tariffs on some imports from China, rejecting the company's argument that the Tariff Act leaves no room to invoke the False Claims Act.
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June 23, 2025
9th Circ. Sends Minor's Rehab Claim Back To Premera
The Ninth Circuit on Monday partially reopened a lawsuit accusing Premera Blue Cross of unlawfully refusing to cover a minor's time in a wilderness therapy program and rehabilitation facility, saying the insurer should take another look at one of the claims.
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June 23, 2025
Okla. Court Says Race Theory Law Excludes College Classes
A group of civil rights advocates and their opponent, Oklahoma Attorney General Gentner Drummond, are both claiming victory after the state's high court determined that a 2021 law that blocks the teaching of certain racial and gender topics in public classrooms does not apply to academic speech in higher educational settings.
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June 23, 2025
Texas Law Cutting Municipal Fees Not Gift, Comcast Says
Comcast and a state trade association told the Texas Supreme Court that laws curbing the fees municipalities can charge telecom companies for rights-of-way usage passes constitutional muster, asking the court to flip a lower court's findings that the laws violate the Texas Constitution's gift clauses.
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June 23, 2025
9th Circ. Revives False Ad Suit Over 'Zero Calorie' Supplement
The Ninth Circuit on Monday reinstated a proposed class action claiming that ProSupps' dietary supplement powder products are mislabeled as containing zero calories and zero carbohydrates, in violation of California consumer protection laws, after ruling that the suit alleges enough facts to avoid preemption by the federal Food, Drug and Cosmetic Act.
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June 23, 2025
Apache Nonprofit Asks Justices For Rehearing In Mining Row
An Apache nonprofit is urging the U.S. Supreme Court to reconsider a decision to deny its petition that looked to block the transfer of nearly 2,500 acres to an Arizona copper mining company, arguing the outcome of a case now before the justices could sway their analysis.
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June 23, 2025
Paxton, Airline Co. Ask To Take Biz Doc Case Out Of 5th Circ.
The Texas attorney general's office and an airline parts manufacturer have agreed to remove a dispute over a state law allowing the office to examine business records from the Fifth Circuit back to district court.
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June 23, 2025
NJ Justices Greenlight Renewed Bid For Roundup Mass Tort
The New Jersey Supreme Court has granted a renewed application for lawsuits against Monsanto Co. and its parent company, Bayer AG, alleging injuries from exposure to the company's weed killer Roundup to be designated as multicounty litigation, according to a Monday notice to the bar.
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June 23, 2025
Justices Drop 'Third Country' Removal Due Process, For Now
A divided U.S. Supreme Court ruled Monday that the Trump administration can send noncitizens facing deportation to countries where they have no prior ties without providing due process protections, including written notice or a chance to raise concerns about their future safety.
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June 23, 2025
Dems Demand Info On Emil Bove's Alleged Misconduct
Ahead of Emil Bove's hearing on Wednesday for his judicial nomination, Democrats on the Senate Judiciary Committee are pressing for information on complaints alleging his misconduct while at the U.S. Attorney's Office for the Southern District of New York and Main Justice earlier this year.
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June 23, 2025
Judge Lets NASCAR Antitrust Claims Against Teams Proceed
A North Carolina federal judge Monday rejected a motion to dismiss counterclaims lodged by NASCAR in a lawsuit brought by two racing teams that are accusing the organization of antitrust violations, finding the matter would be best addressed at the summary judgment stage.
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June 23, 2025
3rd Circ. Remands NLRB Solo Protest Spat To Weigh Evidence
The Third Circuit on Monday backed the NLRB's findings that a lone fired worker's COVID-19 safety complaints were concerted activity under federal labor law, but remanded the case to the board in order to weigh evidence about whether the worker would have been fired regardless of whether he spoke up.
Expert Analysis
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Fed Circ.'s PTAB Ruling Highlights Obsolete Rationale
The Federal Circuit's recent decision in In re: Riggs shines a new light on its 2015 decision in Dynamic Drinkware v. National Graphics, and raises questions about why the claim support requirement established by Dynamic Drinkware exists at all, say attorneys at Patterson Belknap.
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Traversing The Shifting Sands Of ESG Reporting Compliance
Multinational corporations have increasingly found themselves between a rock and a hard place attempting to comply with EU and California ESG requirements while not running afoul of expanding U.S. anti-ESG regimes, but focusing on what is material to shareholder value and establishing strong governance can help, say attorneys at MoFo.
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An Unrestrained, Bright-Eyed View Of Legal AI's Future
Todd Itami at Covington offers a bright-eyed, laughing-all-the-way, skydive look at what the legal industry could look like after an artificial intelligence revolution, which he believes may happen much sooner and more dramatically than we expect.
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Tracking The Evolution In Litigation Finance
Despite continued innovation, litigation finance remains an immature market with borrowers recieving significantly different terms as lenders learn to value cases, which firms need a strong handle on to ensure lending terms do not overwhelm collateral value, says Robert Wilkins at Lightfoot Franklin.
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Addressing Antitrust Scrutiny Over AI-Powered Pricing Tools
Amid multiple recent civil complaints alleging antitrust violations by providers and users of algorithmic pricing tools, such as RealPage and Yardi, digital-era measures should feature prominently in corporate compliance programs, including documentation of pro-competitive benefits and when to use disclosures, say attorneys at Morgan Lewis.
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Opinion
In Vape Case, Justices Must Focus On Agencies' Results
With the U.S. Supreme Court's ruling in U.S. Food and Drug Administration v. Wages and White Lion Investments having put off the question of whether agency decisions arrived at erroneously are always invalid, the court should give the results of agency actions more weight than the reasoning behind them when it revisits this case, says Jonathan Sheffield at Loyola University Chicago School of Law.
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Series
Volunteer Firefighting Makes Me A Better Lawyer
While practicing corporate law and firefighting may appear incongruous, the latter benefits my legal career by reminding me of the importance of humility, perspective and education, says Nicholas Passaro at Ford.
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Takeaways From Alaska Justices' Pollution Exclusion Ruling
A recent Alaska Supreme Court ruling that a total pollution exclusion in a homeowners policy didn't bar coverage for carbon monoxide poisoning shows that even when policy language appears unambiguous on its face, courts can still consider the reasonable expectations of an insured to determine applicability, say attorneys at Hunton.
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What's At Stake As 9th Circ. Eyes Cultural Resource Damages
In Pakootas v. Teck Cominco, the Ninth Circuit is faced with the long-unresolved question of whether cultural resource damages are recoverable as part of natural resource damages under the Superfund law — and the answer will have enormous implications for companies, natural resource trustees and Native American tribes, says Sarah Bell at Farella Braun.
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Digesting A 2nd Circ. Ruling On Food Delivery App Arbitration
The Second Circuit recently rejected Grubhub's attempt to arbitrate price-fixing claims, while allowing Uber Eats to do so, reinforcing that even broad arbitration clauses must connect to the underlying dispute and suggesting that terms of service litigation may center on websites' design and content, say attorneys at Greenspoon Marder.
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Bid Protest Spotlight: Instructions, Price Evaluation, Standing
In this month's bid protest roundup, Caitlin Crujido at MoFo looks at three recent decisions that consider a contractor's attempt to circumvent unambiguous solicitation instructions, the fairness of an agency's price evaluation and whether a protestor that would be unable to perform even if sucessful has standing.
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E-Discovery Quarterly: The Perils Of Digital Data Protocols
Though stipulated protocols governing the treatment of electronically stored information in litigation are meant to streamline discovery, recent disputes demonstrate that certain missteps in the process can lead to significant inefficiencies, say attorneys at Sidley.
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Defense Strategies After Justices' Personal Injury RICO Ruling
In Medical Marijuana v. Horn, the U.S. Supreme Court recently held that the Racketeer Influenced and Corrupt Organizations Act can be invoked by some plaintiffs with claims arising from personal injuries — but defense counsel can use the limitations on civil RICO claims to seek early dismissal in such cases, say attorneys at Debevoise.
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Series
Law School's Missed Lessons: Preparing For Corporate Work
Law school often doesn't cover the business strategy, financial fluency and negotiation skills needed for a successful corporate or transactional law practice, but there are practical ways to gain relevant experience and achieve the mindset shifts critical to a thriving career in this space, says Dakota Forsyth at Olshan Frome.
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Opinion
The SEC Must Protect Its Best Tool For Discovering Fraud
By eliminating the consolidated audit trail's collection of most retail customer information, the U.S. Securities and Exchange Commission may squander a once-in-a-generation opportunity to deter securities market fraud and abuse, something new Chair Paul Atkins must ensure doesn't happen, says former SEC data strategist Hugh Beck.