Appellate

  • April 23, 2025

    Immigration Board Won't Halt Removal Of Ex-Gang Member

    The Board of Immigration Appeals said a former MS-13 gang member has not met his burden to show that he is more likely than not to be tortured in El Salvador, reversing an immigration judge's decision deferring his removal.

  • April 23, 2025

    Ex-Ky. Dinsmore L&E Atty Joins Cozen O'Connor In Chicago

    Cozen O'Connor announced Wednesday that an employment and appellate litigator from Dinsmore & Shohl LLP is joining its Chicago office after 15 years practicing in Kentucky.

  • April 23, 2025

    5th Circ. Nixes Order Letting Union Join NLRB Challenge

    The Fifth Circuit has walked back an order allowing the Office and Professional Employees International Union to intervene in a high-profile case challenging the National Labor Relations Board's constitutionality, saying the union's interests are adequately spelled out in its amicus brief and represented by the board.

  • April 23, 2025

    Governor Taps Appellate Judge For Michigan Supreme Court

    Michigan Court of Appeals Judge Noah P. Hood was picked Wednesday to fill a vacancy on the state's highest court left by the chief justice's resignation this month.

  • April 23, 2025

    Mo. Counties, State Argue For Cannabis Tax At High Court

    A county is a local government and should be allowed to impose a 3% additional sales tax on adult-use cannabis, two counties and the Missouri revenue director told the state Supreme Court.

  • April 23, 2025

    Vanderbilt QB Fights To Protect NCAA Eligibility At 6th Circ.

    Attorneys for Vanderbilt University quarterback Diego Pavia urged the Sixth Circuit to leave in place a lower court's rebuke of the NCAA's rule limiting eligibility for junior-college athletes, stressing that the disputed restrictions are a flagrant violation of antitrust law.

  • April 23, 2025

    Judge Likely To Block Trump Collective-Bargaining Ban

    A D.C. federal judge appeared ready on Wednesday to block President Donald Trump's executive order threatening to strip as many as 100,000 federal employees of their collective bargaining power, saying the order seems to target unions because they've challenged his actions, not because of any purported national security justification.

  • April 23, 2025

    Split 4th Circ. Halts Ballot Curing In NC Top Court Race

    A split Fourth Circuit panel froze the North Carolina Supreme Court's order requiring the Tar Heel State elections board to start a "curing process" for allegedly deficient ballots in a judicial election that a Republican judge is contesting, agreeing with the incumbent Democratic justice that her constitutional claims must be resolved first.

  • April 22, 2025

    Trump Appointees Raise Eyebrows At Trans Troop Ban

    Despite a panel made mostly of Trump appointees, the D.C. Circuit seemed skeptical Tuesday morning as it heard out the government's argument for why it should be allowed to implement its ban on transgender troops in the military while litigation challenging that policy plays out.

  • April 22, 2025

    Texas Court Questions $55M Arbitration Award's Validity

    A Texas appeals panel asked why a $55 million arbitration award to the former director of a Dallas alternative asset investment company can't float just because the arbitrator based the damages on securities filings, saying Tuesday that arbitrators have broad discretion to determine damages.

  • April 22, 2025

    'Contract' Key To Law School Loan Appeal, Conn. Court Told

    A Florida employment attorney is wrong to argue that a family court order qualifies as a contract, counsel for the mother of his child told the Connecticut Appellate Court on Tuesday in defending her win in an unjust enrichment case over his student loan payments.

  • April 22, 2025

    Justices Struggle To Grasp IRS Determination To Collect Debt

    U.S. Supreme Court justices struggled Tuesday to understand the significance of an IRS determination that compelled a woman to continue litigating a 2010 tax debt that the agency zeroed out while her suit in Tax Court was pending over the determination that she still owed taxes. 

  • April 22, 2025

    Justices Urged To Deny Jan. 6 Cops' Bid To Shield Identities

    The U.S. Supreme Court should reject an appeal from Seattle cops who joined the Jan. 6 "Stop the Steal" demonstration in D.C. and now want to stay incognito, according to a former law school student on Tuesday who sought police records identifying the officers and who said U.S. Supreme Court rules require the officers to seek relief in Washington state court. 

  • April 22, 2025

    DC Circ. Says NLRB's Google Joint Employer Case Is Moot

    The D.C. Circuit vacated on Tuesday a National Labor Relations Board order requiring Google and contractor Cognizant to bargain with a union representing YouTube Music workers, saying the end of the tech giant's contract with Cognizant mooted the dispute.

  • April 22, 2025

    US Intends To Proceed With Ariz. Copper Mine, Justices Told

    The U.S. government says there has been no doubt that it intends to proceed with a land exchange in Arizona for a planned multibillion-dollar copper mine, telling the U.S. Supreme Court that its recent notice of publication of a final environmental impact statement for the project does not constitute urgent review.

  • April 22, 2025

    9th Circ. Affirms Otonomo's Escape Of Calif. Car Tracking Suit

    The Ninth Circuit on Tuesday unanimously refused to revive a California man's proposed class action accusing autotech company Otonomo Inc. of surreptitiously tracking drivers' movements in violation of California privacy law, finding that a device installed in the man's BMW wasn't an "electronic tracking device" under the relevant state law.

  • April 22, 2025

    District's $59M Building Contract Void Over Undisclosed Gifts

    A state appeals court freed a West Texas school district from a suit over the termination of a $59 million construction contract, finding that the construction company didn't properly disclose multiple gifts to district employees.

  • April 22, 2025

    Pharmaceutical Co. Buyers Win Del. Fraud Suit Revival

    Multiple reasonable interpretations of a letter agreement in a $35 million deal for three pharmaceutical companies proved enough Tuesday to trigger a Delaware Supreme Court reversal of a lower court decision tossing buyers' fraudulent inducement claims.

  • April 22, 2025

    Wash. Appeals Panel Revives State Patrol Commute Pay Suit

    Washington state troopers can sue their employer directly in superior court over alleged minimum wage violations before exhausting the grievance process under collective bargaining agreements, an Evergreen State appellate court said Tuesday, distinguishing the challenged policies from the union contracts.

  • April 22, 2025

    CFPB Waves White Flag In Prepaid Rule Fight With PayPal

    The Consumer Financial Protection Bureau has abandoned its D.C. Circuit defense of a rule that subjected Venmo-style digital wallets to some of the same fee disclosure requirements as reloadable prepaid cards, walking away from an appeal of PayPal's legal challenge to the regulation.

  • April 22, 2025

    4th Circ. Rejects Full Court Review Of Credit Union's Liability

    The Fourth Circuit has declined to take a second look at a panel decision finding a credit union cannot be held liable for a scammer's use of its services to swindle a metal fabricator out of $560,000.

  • April 22, 2025

    11th Circ. Not Likely To Snuff Smoke Shop's $1.1M Trial Loss

    The Eleventh Circuit signaled Tuesday that it was likely to uphold a $1.1 million verdict entered against a Georgia-based tobacco importer for selling counterfeit rolling papers, throwing cold water on the importer's claims that the verdict constituted a windfall that was prohibited in a 2023 trial.

  • April 22, 2025

    Panel Unsure If Suspension For Off-Campus Arrest Holds Up

    A Washington appellate court panel on Tuesday asked if Washington State University had the authority to suspend a student charged with conspiracy to riot at an off-campus Pride parade, with one judge questioning if an anonymous tip was too speculative to launch a student conduct probe.

  • April 22, 2025

    Michigan Panel Remands Pot Cos.' Secret Meetings Suit

    A suit challenging a Michigan city's cannabis licensing program should get a new airing at trial court, a state appellate court ruled Monday, saying the lower court erred by finding that the cannabis selection committee was not a "public body" subject to the state's Open Meetings Act.

  • April 22, 2025

    DOJ Wants Time During 9th Circ. Vegas Room Rate Arguments

    The U.S. Department of Justice has asked to participate in the Ninth Circuit argument for an appeal from Las Vegas casino-hotel guests accusing the operators of using software to inflate room rates, the first algorithmic price-fixing case to reach an appeals court.

Expert Analysis

  • Series

    In The CFPB Playbook: A Sprint To The Finish Line

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    The fourth quarter of 2024 was an impressive demonstration of the Consumer Financial Protection Bureau's ability to regulate, enforce and supervise, even on borrowed time following the election results, and we should expect the current bureau to run nonstop until Jan. 20, say attorneys at Covington.

  • Mich. Ruling Offers View On 'Occurrence' Coverage Definition

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    As demonstrated by a Michigan state court in its recent decision finding per-wound insurance coverage for a school shooting, the amount of coverage available under occurrence-based policies often depends on how courts interpret "occurrence," say attorneys at Hunton.

  • Rejoinder Strategy After Allergan Double-Patenting Case

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    A closer look at last year's Allergan v. MSN case at the Federal Circuit highlights the importance of rejoinder during patent prosecution in view of the risks associated with obviousness-type double patenting based on later-filed applications in the same patent family, say attorneys at BCLP.

  • What FARA Enforcement In 2024 Reveals For The Year Ahead

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    A number of developments, from indictments to legislation, shaped the Foreign Agents Registration Act enforcement landscape last year, and following the U.S. Department of Justice's recently released long-awaited proposed amendments to the law, 2025 shows no signs of slowing down, says Tessa Capeloto at Wiley.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • Lessons Learned From 2024's Top FMLA Decisions

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    Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

  • 5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle

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    The Fifth Circuit's recent en banc opinion vacating Nasdaq's board diversity listing rule wades into the hotly debated topic of diversity, equity and inclusion initiatives at a time when many public companies are navigating the attention that DEI commitments are drawing from activists and shareholders, say attorneys at Debevoise.

  • Lessons Learned From 2024's Top ADA Decisions

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    Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • The 6 Most Significant FCRA Litigation Developments Of 2024

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    From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.

  • Fed. Circ. In December: A Patent Prosecution History Lesson

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    Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.

  • The Securities Litigation Trends That Will Matter Most In 2025

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    2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • What To Watch For In The 2025 Benefits Landscape

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    While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.

  • Reviewing 2024's Crucial Patent Law Developments

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    As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.

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