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Appellate
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October 15, 2025
Fed. Circ. Won't Halt Magistrate Trial In Google Patent Case
The Federal Circuit on Wednesday denied a request from a location tracking patent owner to prevent a magistrate judge from holding a bench trial on Google's equitable defenses to his infringement claims, saying the patent owner had not shown that proceeding with the case and filing an appeal after a judgment would be inadequate.
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October 15, 2025
High Court Leans Toward Limiting Voting Rights Act Suits
The U.S. Supreme Court's conservative supermajority seemed ready Wednesday to further limit the use of the Voting Rights Act in challenging alleged racial discrimination in legislative redistricting, but appeared divided over how to accomplish that.
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October 15, 2025
Parents Urge 9th Circ. To Reject Meta's Section 230 Appeal
Parents and school districts are urging the Ninth Circuit to reject Meta Platforms Inc.'s bid for immunity under Section 230 of the Communications Decency Act, saying the company behind Facebook and Instagram can't use the measure for vaguely defined publishing-related activity.
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October 15, 2025
Ga. Justices Revive Suit Over L'Oréal Hair Relaxer Health Risks
The Georgia Supreme Court reversed a decision by the state's Court of Appeals that barred a woman's suit alleging that chemicals in hair relaxers made by L'Oreal USA Inc. and Strength of Nature Global LLC caused her to develop uterine fibroids.
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October 15, 2025
Fed. Circ. Says Anti-SLAPP Motion Wrongly Denied In IP Case
The Federal Circuit on Wednesday said a California district court wrongly denied several semiconductor manufacturers' anti-SLAPP motion in a case where they are accused of stealing trade secrets, saying in a precedential opinion that filing a patent application is protected activity under the state's law.
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October 15, 2025
11th Circ. Leaves Hope For ESOP Suit Against Seafood Co.
The Eleventh Circuit on Wednesday backed the dismissal of a proposed class action from ex-seafood company workers who claimed their employee stock ownership plan had been mismanaged, but left open the possibility that the former workers could resuscitate their suit at the trial court.
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October 15, 2025
11th Circ. Sides With Insurer In Fla. Gas Station Pollution Fight
An insurer for an owner and operator of Florida gas stations owes no coverage for pollution costs stemming from an underground fuel tank leak, the Eleventh Circuit ruled Wednesday, finding the owner failed to properly notify its insurer of a "pollution condition" that could result in an insurance claim.
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October 15, 2025
Meat Industry Fights To Defend Nix Of Slaughterhouse Rules
A meat and poultry industry group has told the Ninth Circuit it opposes green groups' challenge to the federal government's decision to rescind a Biden-era proposal that would have imposed stricter water discharge regulations on slaughtering, processing and rendering facilities.
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October 15, 2025
Wash. Panel Mulls Trimming $103M Ruling Against Nationwide
A Washington state appeals panel on Wednesday indicated it's open to cutting at least some of a $103 million judgment against insurer Nationwide over a car crash that killed three children, though the judges acknowledged they're still confused by the complicated nature of the case.
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October 15, 2025
10th Circ. Restores Asylum Grant In 10-Year Immigration Fight
A Tenth Circuit panel said a Honduran woman and her two children can remain in the U.S., ruling that the Board of Immigration Appeals misstepped when it overturned their grant of asylum for a second time in 10 years.
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October 15, 2025
Chancery 'Rewrote' $3.4B Merger Deal, J&J Tells Del. Justices
Johnson & Johnson told the Delaware Supreme Court on Wednesday that the Chancery Court "rewrote" its $3.4 billion agreement for the acquisition of surgical robotics firm Auris Health, wrongly using the implied covenant of good faith and fair dealing to impose obligations the company never accepted.
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October 15, 2025
Fed. Circ. Again Urged To Probe Settled Expectations Rule
A nonprofit represented by former U.S. Patent and Trademark Office Director Kathi Vidal has thrown its weight behind the latest Federal Circuit petition challenging the USPTO's policy of denying review of patents based on the owner's "settled expectations," saying the rule is "economically harmful and legally unsound."
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October 15, 2025
Mass. Appeals Court Frees Getaway Driver From Gun Charges
A Massachusetts man cannot be tried again for unlicensed firearm possession after driving a gunman to and from shootings, since it was never clear whether the unidentified shooter he drove was licensed to carry a weapon, the state's intermediate appeals court held unanimously on Wednesday.
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October 15, 2025
Panel Weighs If Firings Centered On Chats Crossed Legal Line
A D.C. Circuit panel appeared torn Wednesday over where protected workplace activism in an employee workchat ended and fireable conduct began, in a case involving the termination of four employees from a Vermont software company over chat messages and a salary-sharing spreadsheet.
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October 15, 2025
Wash. Urges 9th Circ. To Deny GEO Detention Law Rehearing
Washington state called on the Ninth Circuit on Tuesday to reject Geo Group's request that the full appellate court revisit a panel's decision siding with the state in a case challenging a new law imposing additional health and safety standards at the state's privately run immigration detention center.
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October 15, 2025
Judge Shouldn't Have Axed Lens Patent Claims, Fed. Circ. Says
The Federal Circuit on Wednesday vacated a lower court's finding that claims in two eyeglass lens patents are invalid based on a Patent Trial and Appeal Board ruling on different claims, saying that decision cannot stand because courts and the board use different burdens of proof.
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October 15, 2025
FERC Ignored La. LNG Terminal's Enviro Harms, DC Circ. Told
The Federal Energy Regulatory Commission shirked its obligation to evaluate the potential harms of a massive liquefied natural gas export terminal in Louisiana before approving its construction, environmental groups and fishermen have told the D.C. Circuit.
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October 15, 2025
Pa. Justice Criticizes Court For Passing On Pot-Smell Appeal
After hearing oral arguments and receiving briefs, the Pennsylvania Supreme Court dismissed an appeal as "improvidently granted," refusing to clarify whether a Philadelphia police chase that arose from the smell of pot smoke was legal, to the dismay of a dissenting justice.
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October 15, 2025
2nd Circ. Won't Block NY Ammo Sales Background Check Law
The Second Circuit on Wednesday decided not to block enforcement of a New York law requiring background checks for ammunition sales, finding the "mere inconveniences" of a potential delay and a $2.50 fee don't meaningfully constrain the plaintiffs' Second Amendment rights.
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October 15, 2025
Ga. Justices Stand By Holding That Runoff Fees Aren't Taxes
The Supreme Court of Georgia has for the second time ruled that a landowner can't use a constitutional challenge to get out of paying stormwater utility bills to its local government, declining Wednesday to overturn a decade-plus precedent that ruled the county was enforcing a fee rather than a tax.
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October 15, 2025
Binance Aided $125M Bitcoin Theft, Fla. Panel Told
A Dubai-based Australian man urged a Florida appeals court Wednesday to revive his lawsuit alleging Binance helped launder $125 million worth of stolen bitcoin, arguing the Sunshine State has jurisdiction over the cryptocurrency exchange.
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October 15, 2025
Patent Decisions Clearing Ford, BMW Upheld By Fed. Circ.
The Federal Circuit on Wednesday refused to revive cases accusing Ford and BMW of infringing a pair of cruise control system patents, affirming how a lower court construed key claim terms when it cleared the automotive giants in the litigation.
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October 15, 2025
Colo. Urges Justices To Reject Nebraska South Platte Case
Colorado on Wednesday asked the U.S. Supreme Court not to get involved in Nebraska's claims that Colorado is failing to deliver water from the South Platte River according to the terms of an early 20th-century compact.
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October 15, 2025
IAM Fund Urges Justices To Back Pension Liability Ruling
Trustees for an International Association of Machinists pension fund urged the U.S. Supreme Court to back an appellate decision favoring the union in disputes with employers over pension plan liability, arguing federal benefits law gave a union arbitrator latitude on the methodology used to calculate the employers' withdrawal payments.
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October 15, 2025
9th Circ. Lets Alaska Flyers Redo Hawaiian Merger Case
The Ninth Circuit found that a lower court was right to toss a case from flyers and travel agents challenging the $1.9 billion merger between Alaska Airlines and Hawaiian Airlines but said they should have been given a chance to revise their allegations.
Expert Analysis
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NY Ruling Eases Admission Of Medical Record Evidence
A New York appellate court’s recent ruling in Pillco v. 160 Dikeman clarifies the standard for evaluating accident-related entries from medical records, likely making it easier to admit these statements into evidence at trial, says Shawn Schatzle at Lewis Brisbois.
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How 9th Circ. Customs Ruling Is Affecting FCA Litigation
The Ninth Circuit’s recent Island Industries decision holding that the U.S. Court of International Trade doesn’t have exclusive jurisdiction over whistleblower suits involving import duties has set the stage for the False Claims Act to be a key weapon on the customs enforcement battlefield, say attorneys at Haynes Boone.
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2nd Circ. Ruling Gives Banks Shield From Terrorism Liability
A recent Second Circuit dismissal strengthens the position of international banks facing claims they indirectly helped terrorist organizations and provides clearer guidance on the boundaries of secondary liability, but doesn't provide absolute immunity, say attorneys at Freshfields.
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Fed. Circ. In July: Instability In IPR Requirements
The Federal Circuit's decision in Shockwave v. Cardiovascular last month provided an important, albeit short-lived, clarification to the type of evidence that can be used in an inter partes review challenge, say attorneys at Knobbe Martens.
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9th Circ. Qualified Immunity Ruling May Limit Phone Searches
Though the Ninth Circuit affirmed police officers’ qualified immunity claims in Olson v. County of Grant earlier this year, it also established important Fourth Amendment precedent on the use of cellphone extractions that will apply more broadly in criminal investigations and prosecutions, say attorneys at The Norton Law Firm.
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Series
Coaching Cheerleading Makes Me A Better Lawyer
At first glance, cheerleading and litigation may seem like worlds apart, but both require precision, adaptability, leadership and the ability to stay composed under pressure — all of which have sharpened how I approach my work in the emotionally complex world of mass torts and personal injury, says Rashanda Bruce at Robins Kaplan.
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9th Circ.'s Kickback Ruling Strengthens A Prosecutorial Tool
The Ninth Circuit's decision last month in U.S. v. Schena, interpreting the Eliminating Kickbacks in Recovery Act to prohibit kickback conduct between the principal and individuals who do not directly interact with patients, serves as a wake-up call to the booming clinical laboratory testing industry, say attorneys at Kendall Brill.
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Ruling Puts 11th Circ. At Odds With Bankruptcy Courts
While an Eleventh Circuit majority recently found in BenShot v. 2 Monkey Trading and Lucky Shot USA that corporate debtors, like individuals, face certain exceptions to discharge under a nonconsensual Subchapter V plan, the ruling not only reverses the lower court, but opposes the holdings of many other bankruptcy courts, say attorneys at McDermott.
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How New Texas Law Targets ESG Proxy Advice
A recently enacted Texas law represents a major shift in how proxy advisory services are regulated in Texas, particularly when recommendations are based on nonfinancial factors like ESG and DEI, but legal challenges underscore the statute’s broader constitutional and statutory implications, say attorneys at Bracewell.
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5th Circ. Ruling Signals Strife For Employers Navigating ADA
While the Fifth Circuit’s recent decision in Strife v. Aldine Independent School District demonstrates that speed is not a perfect shield against workers' Americans with Disabilities Act claims, it does highlight how courts may hold employers liable for delays in the interactive accommodation process, say attorneys at Krevolin & Horst.
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Series
Law School's Missed Lessons: How To Make A Deal
Preparing lawyers for the nuances of a transactional practice is not a strong suit for most law schools, but, in practice, there are six principles that can help young M&A lawyers become seasoned, trusted deal advisers, says Chuck Morton at Venable.
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11th Circ. Ruling Shows Federal Question Jurisdiction Limits
The Eleventh Circuit's recent decision in AST Science v. Delclaux shows why it is extremely difficult for litigants to maintain a state law cause of action in federal court under Supreme Court precedent, says Paul Avron at Berger Singerman.
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4th Circ. Clarifies Employer Duties For ADA Accommodations
The Fourth Circuit's recent decision in Tarquinio v. Johns Hopkins indicates that an employer's obligation to provide accommodations under the Americans with Disabilities Act may never arise if an employee obstructs the process, underscoring that ADA protections depend on cooperation between both parties, say attorneys at Hunton.
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From Clerkship To Law Firm: 5 Transition Tips For Associates
Excerpt from Practical Guidance
Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.
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9th Circ.'s Trade Secrets Ruling Is A Win For DTSA Plaintiffs
The Ninth Circuit's recent decision in Quintara v. Ruifeng shifts the balance in federal trade secret litigation toward a more flexible, discovery-driven process, meaning that plaintiffs may be more likely to pursue claims under the Defend Trade Secrets Act, and early motions to strike or dismiss will face steep odds, say attorneys at Cooley.