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Appellate
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October 14, 2025
4th Circ. Says Data Leak Info On Dark Web Is Grounds To Sue
The Fourth Circuit on Tuesday partially revived a data breach class action against an insurance company, finding a subset of the proposed class has standing to sue because they allege their stolen driver's license numbers have since shown up on the dark web.
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October 14, 2025
Calif. Panel Keeps State's Win In Uber, Lyft Classification Row
Uber and Lyft cannot bypass administrative proceedings by filing suits challenging the California Division of Occupational Safety and Health's authority to issue them citations and asking a trial court to find their drivers are independent contractors, a state panel ruled Tuesday.
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October 14, 2025
Attempts To Revive Stroke Treatment Patents Fail At Fed. Circ.
The Federal Circuit on Tuesday tossed without analysis a challenge to Patent Trial and Appeal Board rulings that invalidated patents covering a stroke treatment system, letting stand one of the decisions deemed precedential by a former U.S. Patent and Trademark Office director.
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October 14, 2025
Justices Won't Take Up Bid To Ax Spousal Work Permits
The U.S. Supreme Court on Tuesday declined to review a D.C. Circuit decision holding that the U.S. Department of Homeland Security had authority to grant work permits to some spouses of highly skilled foreign workers.
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October 14, 2025
DuPont Pollution Suit To Advance Amid NC Top Court Appeal
North Carolina Attorney General Jeffrey Jackson's forever chemicals suit against two DuPont spinoffs will surge ahead while the companies pursue an appeal in the state's top court challenging Jackson's power to bring contamination claims, a state Business Court judge has ruled.
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October 14, 2025
Has The 9th Circ.'s Rightward Shift Ended Bids To Split It?
Republican lawmakers have long dreamed of breaking up the nation's largest appellate court. But that fervor has diminished as the Ninth Circuit's balance of Democratic and Republican appointees has evened out in recent years, upending the circuit's status as a culture war lightning rod.
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October 14, 2025
NY State Court Sanctions Atty For Doubling Down On AI
A New York state court said a New Jersey-based attorney must face sanctions for both submitting filings with inaccurate and outright made-up case details written in part by artificial intelligence and for subsequently doubling down by submitting more "AI-hallucinated" material to defend his conduct.
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October 14, 2025
Justices Seek SG Input In 'Lightning Rod' Health Ministry Case
The U.S. Supreme Court Tuesday asked for the U.S. solicitor general to weigh in on a "lightning rod" of a case involving the regulation of nonprofit healthcare-sharing ministries that provide cheap, Christian-friendly health insurance options but aren't legally bound to pay for medical care.
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October 14, 2025
Judges Back Ga. County's Use Of Outside Attys In Opioid Suit
The Georgia Court of Appeals has backed the dismissal of a lawsuit by Publix Supermarkets claiming a metro Atlanta county unconstitutionally hired outside counsel to pursue opioid litigation against the grocery chain, ruling Publix had "done nothing to assuage" the court's reasons for throwing out an almost identical suit earlier this year.
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October 14, 2025
Florida Supreme Court Rejects Bid For Bondi Ethics Probe
The Supreme Court of Florida has ended an attorney's attempt to force the Florida Bar to investigate U.S. Attorney General Pam Bondi for alleged unethical conduct after finding that he failed to show a clear legal right to do so.
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October 14, 2025
Catching Up With Delaware's Chancery Court
Last week at the Delaware Chancery Court, Vice Chancellor Lori W. Will ruled that Carlos Vasallo remains the CEO of Caribevision TV Network LLC, finding that majority investors' attempt to remove him under a defective 2019 agreement was invalid for lack of proper notice.
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October 14, 2025
High Court Says Blackfeet Members Can't Join Tariff Dispute
The U.S. Supreme Court denied a bid by members of the Blackfeet Nation to join its review of suits challenging the legality of President Donald Trump's emergency tariffs, who had argued that their inclusion in the dispute is crucial to protect Indigenous rights under federal law.
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October 14, 2025
Madigan Ally, Ex-ComEd CEO Can't Delay Prison For Appeal
An Illinois federal judge on Tuesday rejected requests by the former CEO of Exelon subsidiary Commonwealth Edison and a former lobbyist to remain out of prison while they appeal their convictions for engaging in a scheme to illegally influence ex-Illinois House Speaker Michael Madigan, saying what's left on appeal are not substantial questions and they aren't likely to overturn their guilty verdicts.
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October 14, 2025
Self-Defense May Excuse Unintended Death, Mass. Court Says
A defendant charged in a homicide can ask jurors to consider self-defense to excuse or at least mitigate charges in the killing of an innocent bystander, Massachusetts' highest court concluded on Tuesday.
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October 14, 2025
Top Court Won't Hear Michigan 'False Elector' Case
The U.S. Supreme Court on Tuesday declined to review a Sixth Circuit decision affirming a district court's refusal to interfere with a state court case in which Michigan's attorney general accused a former Republican presidential elector candidate of plotting to submit false electoral votes after the 2020 election.
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October 14, 2025
9th Circ. Weighs Antrix's Bid To Nix Approval Of $1.3B Award
Antrix Corp. Ltd. is urging the Ninth Circuit to once again refuse to enforce a decade-old $1.3 billion arbitral award issued to a satellite communications company, arguing that the award has been set aside in India and that, in any case, jurisdictional obstacles stand in the litigation's way.
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October 14, 2025
2nd Circ. Weighs Taking 'Novel' ICE Detainee Labor Appeal
A Second Circuit panel mulled Tuesday if it should consider on an interlocutory basis if the New York Labor Law covers a class of detainees who allege they were underpaid by a for-profit company that manages a Buffalo-area immigration detention facility.
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October 14, 2025
High Court Seeks US Input On Highland Capital Ch. 11 Appeal
The U.S. Supreme Court on Tuesday invited the federal government to weigh in on a gatekeeping mechanism meant to shield restructuring professionals from frivolous litigation in the Texas bankruptcy of defunct hedge fund Highland Capital Management.
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October 14, 2025
Justices Decline 7th Amendment Review In Calif. Pot Case
The U.S. Supreme Court on Tuesday declined to hear a case arguing that the Seventh Amendment right to a jury trial in civil cases should apply in instances of local law enforcement issuing penalties for alleged illicit marijuana cultivation.
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October 14, 2025
High Court Won't Hear FDA Stem Cell Regulation Fight
The U.S. Supreme Court on Tuesday declined to review a circuit court holding that a stem cell treatment derived from a patient's own tissue is subject to Food, Drug and Cosmetic Act regulations.
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October 14, 2025
Justices Won't Decide If 'Minute Entry' Triggers Appeal Clock
The U.S. Supreme Court said Tuesday it won't review the Second Circuit's finding that a Connecticut federal judge's oral ruling and follow-up minute entry were formal orders that triggered a 30-day countdown to appeal losses in a sales representation contract dispute worth $1.7 million.
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October 14, 2025
High Court Won't Hear Alex Jones' $1.4B Sandy Hook Appeal
The U.S. Supreme Court on Tuesday declined to hear the appeal of right wing conspiracy theorist Alex Jones in connection with a $1.4 billion defamation judgment granted by a Connecticut state court in favor of family members of Sandy Hook school shooting victims.
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October 14, 2025
Justices Won't Touch Liability Ruling At Superfund Site
The U.S. Supreme Court on Tuesday rejected a petition from Georgia-Pacific Consumer Products to review the Sixth Circuit's finding that two other businesses are not liable for future cleanup costs at a Michigan Superfund site.
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October 10, 2025
9th Circ. Flouting 'Imperial Judiciary' Warning, Judges Assert
A large contingent of Ninth Circuit judges accused colleagues Friday of ignoring recent U.S. Supreme Court decisions limiting legal remedies in politically charged disputes, adding fresh fuel to a heated debate over the judiciary's handling of suits against the Trump administration.
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October 10, 2025
Zantac MDL Suits Were Impropely Tossed, 11th Circ. Told
Consumers urged the Eleventh Circuit on Friday to revive their claims in a multidistrict litigation alleging that the main ingredient in the heartburn medication Zantac causes cancer, saying the court overseeing the case improperly sided with drugmakers' experts and preempted more claims from coming forward.
Expert Analysis
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The Evolving Legal Landscape For THC-Infused Beverages
A recent Eighth Circuit ruling, holding that states may restrict the sale of intoxicating hemp-derived products without violating federal law, combined with ongoing regulatory uncertainty at both the federal and state levels, could alter the trajectory of the THC-infused beverage market, say attorneys at Pashman Stein.
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How Securities Defendants Might Use New Wire Fraud Ruling
Though the Second Circuit’s recent U.S. v. Chastain decision — vacating the conviction of an ex-OpenSea staffer — involved the wire fraud statute, insider trading defendants might attempt to import the ruling’s reasoning into the securities realm, says Jonathan Richman at Brown Rudnick.
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Cos. Must Tailor Due Diligence As Trafficking Risks Increase
As legislators, prosecutors and plaintiffs attorneys increasingly focus on labor and sex trafficking throughout the U.S., companies must tailor their due diligence strategies to protect against forced labor trafficking risks in their supply chains, say attorneys at Steptoe.
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Unpacking The Supreme Court's Views On Judgment Finality
The U.S. Supreme Court's June opinion in BLOM Bank SAL v. Honickman reaffirmed that the bar for reopening a final judgment remains exceptionally high — even when the movant seeks to amend their complaint based on a new legal development, say attorneys at Venable.
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Asbestos Ruling Cements All Sums Coverage Precedent In SC
With its recent decision in Protopapas v. Travelers, the South Carolina Court of Appeals becomes the highest court in South Carolina to adopt the all sums allocation approach for long-tail claims, providing key appellate precedent to support policyholders' efforts to maximize their coverage, say attorneys at Anderson Kill.
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M&A Ruling Reinforces High Bar For Aiding, Abetting Claims
The Delaware Supreme Court's recent decision in In re: Columbia Pipeline may slow the filing of aiding and abetting claims against third-party buyers in situations where buyers negotiate aggressively, putting buy-side dealmakers' minds at ease that they likely won't be liable for seeking the best possible deal, say attorneys at Simpson Thacher.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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What To Expect As Calif. Justices Weigh Arbitration Fee Law
If the California Supreme Court’s upcoming ruling in Hohenshelt v. Superior Court holds that the Federal Arbitration Act does not preempt the California Arbitration Act's strict fee deadlines, employers and businesses could lose the right to arbitrate over minor procedural delays, say attorneys at Bird Marella.
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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.