Appellate

  • May 12, 2025

    Colo. Justices Undo DA's DQ From Judicial Stalking Case

    The Colorado Supreme Court on Monday said a lower court erred in disqualifying a district attorney's office from prosecuting criminal claims against someone accusing of stalking a trial court judge, finding the office's alleged conflicts of interest amounted to routine actions amid the normal course of business.

  • May 12, 2025

    9th Circ. Questions Vegas Casino Room Rate Claims

    A skeptical Ninth Circuit panel had questions Monday for guests accusing Las Vegas casino-hotel operators of using the same software to inflate room rates about what they need to show for their algorithmic pricing claims to survive.

  • May 12, 2025

    Unions Tell Justices To Protect Privacy In Social Security Case

    Two unions and an advocacy group argued Monday that there's no need for the U.S. Supreme Court to make it easier for the Department of Government Efficiency to access the Social Security Administration's data on millions of Americans, claiming requiring the supposed fraud-busting team to follow protocol doesn't constitute an emergency.

  • May 12, 2025

    Insurer Must Pay Part Of $2M Construction Defect Settlement

    A Minnesota state appellate court on Monday upheld a lower court's ruling that found an insurer must cover over $170,000 of a $2 million settlement between a marina and a contractor over alleged construction defects.

  • May 12, 2025

    Judiciary To Face House Members With $9.4B Budget Request

    Top judiciary officials will make the case this week that they need $9.4 billion in discretionary spending for fiscal 2026, a 9.3% increase over fiscal 2025, in order to rectify past funding shortfalls and meet increasing challenges with judicial threats, among other things.

  • May 12, 2025

    Alcoa Retirees, Unions Tell Judge Not To Halt Benefits Order

    A group of retirees and unions asked an Indiana federal judge not to pause his order requiring Alcoa USA Corp. to reinstate lifetime healthcare benefits, arguing the company isn't likely to win at the Seventh Circuit and delaying the district court's decision harms elderly class members.

  • May 12, 2025

    Music Labels Ask Justices To Uphold ISP's Copyright Liability

    The nation's major record labels are urging the U.S. Supreme Court not to take up a petition from an internet service provider asking whether internet service providers can face "massive liability" for user copyright infringement, telling the justices that no circuit split on the question exists.

  • May 12, 2025

    Justice Souter Left His Mark On Arbitration, Too

    Although former U.S. Supreme Court Justice David Souter, who died Thursday at the age of 85, was not known for his arbitration-related opinions, those that he wrote on the topic left a mark on the practice area that is still felt today.

  • May 12, 2025

    Colo. Justices Give Green Light To Exxon, Suncor Climate Suit

    The Colorado Supreme Court on Monday affirmed a lower court ruling allowing the city and county of Boulder's climate change tort against Exxon Mobil Corp. and Suncor Energy Inc. to proceed, saying that the claims aren't preempted by federal law.

  • May 12, 2025

    Full DC Circ. Won't Review Copyright Denial For AI-Created Art

    The D.C. Circuit on Monday denied a computer scientist's request for a three-judge panel rehearing or en banc review of an order that found copyright law protects only human creations, nixing his appeal that attempted to obtain copyright for a two-dimensional artwork made by the computer scientist's artificial intelligence system.

  • May 12, 2025

    Fed. Circ. Won't Revive Sydnexis Eye Drop Patents

    The Federal Circuit on Monday backed a series of Patent Trial and Appeal Board rulings that found claims in a trio of patents owned by Sydnexis Inc. relating to ways to treat nearsightedness were invalid.

  • May 12, 2025

    Will Justices Finally Rein In Universal Injunctions?

    The U.S. Supreme Court is expected to address for the first time Thursday the propriety of universal injunctions, a tool federal judges have increasingly used to broadly halt presidential orders and policy initiatives, and whose validity has haunted the high court's merits and emergency dockets for more than a decade.

  • May 12, 2025

    Florida Entrepreneur Fights Dismissal in RI Cannabis Case

    A Florida entrepreneur on Friday told the First Circuit that Rhode Island cannabis regulators have mischaracterized his challenge to the state's cannabis policy, and sought a remand back to district court to pursue his constitutional challenge to the state's licensure scheme.

  • May 12, 2025

    2nd Circ. Sides With Subway In Russia Franchisee Arbitration

    The Second Circuit on Monday affirmed two arbitration awards that allowed sandwich chain Subway International BV to sever ties with its former Russian franchise owner.

  • May 12, 2025

    AI Training May Need Licensing, Copyright Office Says

    Using copyrighted material to train generative artificial intelligence systems may not always be excused by fair use, the U.S. Copyright Office said in a highly anticipated report addressing the issue, suggesting that licensing may be required in some instances.

  • May 12, 2025

    5th Circ. Pauses DOL Overtime Rule Challenge

    The Fifth Circuit paused the U.S. Department of Labor's challenge to a Texas federal court decision vacating a rule that raised salary thresholds for considering employees overtime-exempt under federal wage law, the latest pause affecting Biden-era rules after the change in administration.

  • May 12, 2025

    Texas Justices Say Nursing Home Can Appeal $7.1M Verdict

    The Texas Supreme Court has revived a nursing home's appeal of a $7.1 million injury verdict in favor of one of its employees, saying the nursing home has shown that it did not have actual notice of the judgment and is entitled to an extension to the filing deadline.

  • May 09, 2025

    Fla. Judge Facing Ethics Charges For Sharing Fake Recording

    A judge in Broward County, Florida, has been charged for publicly sharing a fabricated, "likely" artificial intelligence-generated recording of a chief judge disparaging another judge in the midst of her 2024 campaign for reelection, according to a notice filed Friday.

  • May 09, 2025

    Pa. Top Court Snapshot: Cap & Trade, Prosecutor Power

    The scope of powers held by the Pennsylvania governor, the attorney general, and state and local utility authorities will take center stage in Harrisburg when the state Supreme Court convenes for its May session.

  • May 09, 2025

    Trustees Can't Charge Fees In Tossed Ch. 13s, 2nd Circ. Says

    A standing Chapter 13 trustee in the Eastern District of New York must return some $20,000 in fees from a dismissed bankruptcy, the Second Circuit ruled Friday, holding trustees are not entitled to charge a percentage fee on payments a debtor makes unless a plan is confirmed.

  • May 09, 2025

    2nd Circ. OKs $6.5M Verdict Over Coerced Murder Confession

    The Second Circuit on Friday upheld a wrongfully imprisoned man's $6.5 million verdict against a Buffalo police officer for fabricating his confession during an episode of psychosis, saying the jury made reasonable findings based on the evidence.

  • May 09, 2025

    Fed. Circ. Veers From USPTO Agenda In IPR Estoppel Ruling

    The Federal Circuit has cleared patent challengers to pursue grounds in district court that weren't available in inter partes reviews, which attorneys say will likely increase the amount of Patent Trial and Appeal Board challenges at a time when the agency is working toward the opposite.

  • May 09, 2025

    BDO Urges Justices To Hear 'Crucial' Auditor Fraud Case

    BDO USA LLP is petitioning the U.S. Supreme Court to hear a case that the firm warns could have "devastating" consequences for public companies' auditors, arguing in a Friday filing that the Second Circuit created a "dangerous precedent" by reviving a lawsuit brought by AmTrust Financial Services Inc. shareholders. 

  • May 09, 2025

    Pathology Lab Urges 8th Circ. Not To Revive Antitrust Claims

    Iowa Pathology Associates told the Eighth Circuit a lower court was right to toss a rival lab's case accusing it of monopolizing the market because the claims are really about the lab's failure to attract enough clients from the competing practice to achieve its expected profits.

  • May 09, 2025

    Split 4th Circ. Revives Naval Engineers' No-Poach Case

    A split Fourth Circuit panel Friday revived a putative class action accusing major shipbuilders and naval engineering consultants of an illegal "no-poach" conspiracy, with the majority holding that just because the alleged conspirators never formalized their purported agreements in writing, it doesn't mean the conspiracy can't be unlawful.

Expert Analysis

  • AT&T Decision May Establish Framework To Block FCC Fines

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    The Fifth Circuit's recent decision in AT&T v. FCC upends the commission's authority to impose certain civil penalties, reinforcing constitutional safeguards against administrative overreach, and opening avenues for telecommunications and technology providers to challenge forfeiture orders, say attorneys at HWG.

  • Series

    Playing Guitar Makes Me A Better Lawyer

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    Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.

  • Crisis Management Lessons From The Parenting Playbook

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    The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.

  • High Court's Ruling May Not Stop Ghost Gun Makers

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    In Bondi v. VanDerStok, a majority of the U.S. Supreme Court ruled that the Gun Control Act applies to untraceable "ghost gun" kits under certain circumstances — but companies that produce these kits may still be able to use creative regulatory workarounds to evade government oversight, says Samuel Bassett at Minton Bassett.

  • Justices' Labcorp Questions Explore Class Cert. Tensions

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    At the recent oral argument before the U.S. Supreme Court in Laboratory Corporation of America Holdings v. Davis, the justices' questioning highlighted a fundamental tension between constitutional standing requirements, the procedural framework of Rule 23, and the practical challenges of managing large, diverse classes in complex litigation, say attorneys at Winston & Strawn.

  • Immunity Waiver Ruling A Setback For Ch. 7 Trustees

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    While governmental units should welcome the U.S. Supreme Court's recent decision in U.S. v. Miller restricting the reach of the Bankruptcy Code's sovereign immunity waiver, Chapter 7 trustees now have a limited ability to maximize bankruptcy estates, says Dan Prieto at Jones Day.

  • Wash. Justices' Moonlight Ruling Should Caution Employers

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    The Washington Supreme Court's recent decision in David v. Freedom Vans, which limited when employers can restrict low-wage workers from moonlighting, underscores the need for employers to narrowly tailor restrictive covenants, ensuring that they are reasonable and allow for workforce mobility, say attorneys at Perkins Coie.

  • What To Watch For As High Court Mulls NRC's Powers

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    If successful, Texas’ challenges to the U.S. Nuclear Regulatory Commission’s authority — recently heard by the U.S. Supreme Court and currently pending before a Texas federal court — may have serious adverse consequences for aspiring NRC licensees, including potential nuclear power plant operators, say attorneys at Haynes Boone.

  • Series

    Adapting To Private Practice: From NY Fed To BigLaw

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    While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.

  • Calif. Smoke Claim Ruling Gives Insurers Support On Denials

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    Far from being an outlier among ash, soot and smoke coverage cases, a California appellate court's recent opinion in Gharibian v. Wawanesa General Insurance reinforces the principle that policyholders must establish entitlement to coverage as a threshold matter, while supporting denials of coverage for meritless claims, says Kyle Espinola at Zelle.

  • Cos. Face Enviro Justice Tug-Of-War Between States, Feds

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    The second Trump administration's sweeping elimination of environmental justice policies, programs and funding, and targeting of state-level EJ initiatives, creates difficult questions for companies on how best to avoid friction with federal policy, navigate state compliance obligations and maintain important stakeholder relationships with communities, say attorneys at Arnold & Porter.

  • Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

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    Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.

  • 5th Circ. Ruling Is Latest Signal Of Shaky Qui Tam Landscape

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    In his recent concurring opinion in U.S. v. Peripheral Vascular Associates, a Fifth Circuit judge joined a growing list of jurists suggesting that the False Claims Act's whistleblower provisions are unconstitutional, underscoring that acceptance of qui tam relators can no longer be taken for granted, say attorneys at Miller & Chevalier.

  • How Attys Can Use A Therapy Model To Help Triggered Clients

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    Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.

  • Tracking The Evolution Of Liability Management Exercises

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    As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.

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