Try our Advanced Search for more refined results
Appellate
-
October 16, 2025
Justices Told Presidential Firing Limits Rely On 'Soured' Logic
President Donald Trump and a cadre of supporters have urged the U.S. Supreme Court to wipe out what remains of a 90-year-old ruling that empowers Congress to prohibit the president from firing certain agency officials at will, arguing the decision was flawed when originally issued and is now well past its prime.
-
October 16, 2025
Texas Panel Blocks Hospital Subpoenas In Trans Care Suit
A Texas appellate court on Thursday directed a trial court to withdraw an order requiring two Dallas hospitals to turn over documents concerning alleged gender affirming care, saying the lower court abused its discretion since nonparty patients had motions for protection pending in another court.
-
October 16, 2025
Peloton Moves To Toss Investors' Revived COVID-19 Suit
Peloton has once again moved to dismiss a proposed class action lawsuit revived by the Second Circuit last month, saying that investors couldn't prove executives intentionally misled them into believing that a spike in demand during the first year of the COVID-19 pandemic was sustainable.
-
October 16, 2025
Generics Makers Urge 3rd Circ. To Nix Price-Fixing Classes
Actavis and Mylan have urged the Third Circuit to reverse the certification of two classes of buyers for a pair of medications in the sprawling multidistrict litigation over alleged price-fixing in the generic drug industry.
-
October 16, 2025
Fed. Circ. Affirms Dismissal Of Nev. Tribe's $208M Breach Suit
The Federal Circuit on Thursday said it won't overturn a Court of Federal Claims' decision to dismiss the Winnemucca Indian Colony's $208 million breach of trust allegations against the Bureau of Indian Affairs, saying the Nevada tribe failed to identify a substantive source of law that requires compensation.
-
October 16, 2025
USPTO Says Fed. Circ. Should Skip 'Settled Expectations' Case
The U.S. Patent and Trademark Office wants the Federal Circuit to reject a challenge to the way the agency has denied review of patents based on the owner's "settled expectations," saying Thursday it has full discretion on whether to review patents or not.
-
October 16, 2025
Fla. Panel Revives Relief Bid After Key Witnesses Recant
A Florida appeals court ordered that a man should be given a second chance at post-conviction relief after finding his attorneys did not spend adequate time advising him on whether he should testify to rebut evidence from two key prosecution witnesses who later recanted.
-
October 16, 2025
Fla. Asks Justices To Halt Calif., Wash. Truck Licensing Lapses
Florida has taken steps to sue California and Washington in the U.S. Supreme Court, alleging the Democratic-led states have flouted federal law by allowing unauthorized immigrants to obtain commercial drivers licenses to haul big rigs cross-country, endangering motorists and causing "mayhem" on roadways.
-
October 16, 2025
Fed. Circ. Won't Revive Gesture Patent After Reexam
The Federal Circuit on Thursday backed a Patent Trial and Appeal Board decision that tossed claims in a motion sensor patent owned by Gesture Technology Partners LLC, the latest development in a larger patent dispute involving the company.
-
October 16, 2025
Mich. Panel Tosses Black Deputy Wardens' Race Bias Suit
A Michigan appellate panel has spared the state's corrections agency from a discrimination lawsuit filed by two Black deputy wardens who said they were passed over for warden roles that went to white colleagues.
-
October 16, 2025
4th Circ. Says No Recourse For Men Imprisoned Extra Year
The Fourth Circuit said there could be no recourse in federal court for two inmates who spent an extra year in prison because of Virginia Attorney General Jason Miyares' incorrect interpretation of a state law that granted the men enough credits for good behavior to be released in 2022.
-
October 16, 2025
Chamber Says Justices Must Address No-Poach Ruling
The U.S. Chamber of Commerce and a trade association have urged the U.S. Supreme Court to review a proposed class action accusing shipbuilders for the U.S. military of conspiring to suppress wages, saying keeping the case alive could cause a cascade of antitrust litigation over decades-old conduct.
-
October 16, 2025
Insurer Didn't Owe Coverage To IT Co. In BIPA Violation Suit
An insurer had no duty to defend or indemnify an information technology company in a class action alleging violations of Illinois' Biometric Information Privacy Act, a state appeals court affirmed, finding that underlying events occurred before the claims-made policy's retroactive date.
-
October 16, 2025
Jazz Denied Preferred Drug Royalty Rate, But Still Gets Boost
A Delaware federal judge has agreed to increase the royalty rate a specialty drugmaker has to pay drug manufacturer Jazz Pharmaceuticals Inc. for using a patented process behind a newer narcolepsy drug, but by less than what Jazz asked for.
-
October 16, 2025
High Court's FCC Broadcast Rulings Criticized As 'Outdated'
A think tank called for overturning two U.S. Supreme Court rulings from decades ago that gave the Federal Communications Commission authority to regulate broadcast speech, saying the decisions don't match the realities of today's economy.
-
October 16, 2025
6th Circ. Backs Air Force's Win In Ex-Worker's Race Bias Suit
The Sixth Circuit refused to reopen a former military salesman's lawsuit alleging the Air Force repeatedly disciplined him and threatened to fire him because he's a Black man, ruling the civilian worker hadn't provided enough evidence to keep his claims in court.
-
October 16, 2025
Aerospace Workers Appeal 401(k) Suit Toss To 9th Circ.
Aerospace technology company workers told a California federal court Thursday that they'll seek Ninth Circuit review of the court's September decision to toss their proposed class action alleging an employee 401(k) plan was saddled with costly and underperforming investment options.
-
October 16, 2025
Justices Urged To Hear Mich. Tax Foreclosure Case
A property owner has asked the U.S. Supreme Court to weigh in on her case alleging a Michigan county improperly kept the excess proceeds of her tax-foreclosed home sale, arguing the justices should settle a conflict among circuits and calling the state's process to claim such proceeds too restrictive.
-
October 16, 2025
4th Circ. OKs $811M Award In CFPB Immigrant Bond Co. Suit
The Fourth Circuit has affirmed an $811 million judgment awarded to the Consumer Financial Protection Bureau in its enforcement case against immigrant bond companies accused of engaging in abusive practices.
-
October 16, 2025
Justices Asked To Rethink Gellert Seitz Malpractice Ruling
Lawyers for a homebuilder are asking Delaware's Supreme Court to reconsider its decision affirming the dismissal of a legal malpractice suit against Gellert Seitz Busenkell & Brown LLC over damages the builder said it suffered due to the firm's negligence handling loan-restructuring disputes, arguing that key issues have been left unresolved.
-
October 16, 2025
Creek Freedmen Seek Contempt Ruling Over Citizenship Delay
Two members of the Muscogee Creek Indian Freedmen Band are seeking to hold the Creek Nation's principal chief and its citizenship board in contempt, alleging that their refusal to issue enrollment cards is a blatant violation of a tribal Supreme Court order that cannot be tolerated.
-
October 16, 2025
5th Circ. Calls For Narrow Sanctions In Southwest Bias Fight
The Fifth Circuit stood by its decision to scuttle a contempt order mandating religious bias training for attorneys representing Southwest Airlines in a flight attendant's discrimination suit, but tweaked a May panel ruling to instruct a trial court to impose "narrowly tailored" sanctions.
-
October 16, 2025
3rd Circ. Says FLSA Doesn't Limit Class Member Settlements
The Fair Labor Standards Act tackles only who can litigate claims and is silent on whether settlement class members who have not opted into a collective can release their claims under the federal law, the Third Circuit found Thursday.
-
October 16, 2025
Music Giants Say Cox Case Isn't About Grandma Losing Wi-Fi
Leading music publishers have urged the U.S. Supreme Court to affirm that internet service providers can be contributorily liable for their customers' piracy if they fail to take action, saying a jury verdict against Cox Communications that led to a $1 billion award showed that the company "made a deliberate and egregious decision" to put profits first.
-
October 16, 2025
3rd Circ. Denies DOL's Bid For 2nd Look At H-2A Fine Powers
The full Third Circuit won't weigh whether the U.S. Department of Labor had the authority to use in-house administrative proceedings to impose more than $580,000 in fines on a New Jersey farm for what the department said were violations of the H-2A visa program.
Expert Analysis
-
Fed. Circ. In August: A Framework For AIA Derivation Disputes
In Global Health Solutions v. Selner, the Federal Circuit established how to assess derivation challenges under the America Invents Act's first-to-file system, making it easier for petitioners to determine a challenge's odds of success, say attorneys at Knobbe Martens.
-
Vanda Ruling Opens Door For Contesting FDA Drug Denials
The D.C. Circuit's recent decision in Vanda Pharmaceuticals v. U.S. Food and Drug Administration creates new opportunities and considerations for drug companies navigating the FDA approval process, establishing that litigation is an option when the FDA refuses to hold a hearing, say attorneys at Polsinelli.
-
11th Circ.'s FCRA Standing Ruling Offers Compliance Lessons
The Eleventh Circuit's recent decision in Nelson v. Experian on establishing Article III standing under the Fair Credit Reporting Act should prompt businesses to survey FCRA compliance programs, review open matters for standing defenses and refresh training materials, say attorneys at Nixon Peabody.
-
Series
Law School's Missed Lessons: Mastering Time Management
Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.
-
Courts Keep Upping Standing Ante In ERISA Healthcare Suits
As Article III standing becomes increasingly important in litigation brought by employer-sponsored health plan members under the Employee Retirement Income Security Act, several recent cases suggest that courts are taking a more scrutinizing approach to the standing inquiry in both class actions and individual matters, say attorneys at Crowell & Moring.
-
How Hyperlinks Are Changing E-Discovery Responsibilities
A recent e-discovery dispute over hyperlinked data in Hubbard v. Crow shows how courts have increasingly broadened the definition of control to account for cloud-based evidence, and why organizations must rethink preservation practices to avoid spoliation risks, says Bree Murphy at Exterro.
-
11th Circ. Equitable Tolling Ruling Deepens Circuit Split
The Eleventh Circuit recently held that equitable tolling was unavailable to extend a deadline to object to discharge of debt, becoming the most recent circuit court decision to address this issue, and deepening a split that requires resolution by the U.S. Supreme Court, says Paul Avron at Berger Singerman.
-
Tips As 6th Circ. Narrows Employers' Harassment Liability
In Bivens v. Zep, the Sixth Circuit adopted a heightened standard for employer liability for nonemployee harassment, which diverges from the prevailing view among federal appeals courts, and raises questions about how quickly employers must respond to third-party harassment and how they manage risk across jurisdictions, say attorneys at Benesch.
-
Preserving Refunds As Tariffs Await Supreme Court Weigh-In
In the event that the U.S. Supreme Court decides in V.O.S. Selections v. Trump that the president doesn't have authority to levy tariffs under the International Emergency Economic Powers Act, importers should keep records of imports on which they have paid such tariffs and carefully monitor the liquidation dates, say attorneys at Butzel.
-
How Justices' Ruling Upends Personal Jurisdiction Defense
The U.S. Supreme Court's recent decision in Fuld v. Palestinian Liberation Organization, holding that the Fifth Amendment's due process clause does not require a defendant to have minimum contacts with a forum, may thwart foreign defendants' reliance on personal jurisdiction to evade federal claims in U.S. courts, say attorneys at Axinn.
-
'Occurrence' Lessons From Policyholder's COVID Ruling Win
The Minnesota Court of Appeals recently handed policyholders an important win in Life Time v. Zurich American Insurance, reversing a trial court ruling that had capped coverage under a communicable disease endorsement at a single occurrence, showing the importance of fact-specific inquiry, say attorneys at Hunton.
-
9th Circ. Ruling Leaves SEC Gag Rule Open To Future Attacks
Though the Ninth Circuit's recent ruling in Powell v. U.S. Securities and Exchange Commission leaves the SEC's no-admit, no-deny rule intact, it could provide some fodder for litigants who wish to criticize the commission's activities either before or after settling with the commission, says Jonathan Richman at Brown Rudnick.
-
Series
Writing Musicals Makes Me A Better Lawyer
My experiences with writing musicals and practicing law have shown that the building blocks for both endeavors are one and the same, because drama is necessary for the law to exist, says Addison O’Donnell at LOIS Law.
-
Diverging FAA Preemption Rulings Underscore Role Of Venue
Two recent rulings evaluating Federal Arbitration Act preemption of state laws — one from the California Supreme Court, upholding the state law, and another from a New York federal court, upholding the arbitration agreement — demonstrate why venue should be a key consideration when seeking to enforce arbitration clauses, say attorneys at Hollingsworth.
-
A Reminder Of The Limits Of The SEC's Crypto Thaw
As the U.S. Securities and Exchange Commission's regulatory thaw has opened up new possibilities for tokenization projects, the Ninth Circuit's recent decision in SEC v. Barry that certain fractional interests are investment contracts, and thus securities, illustrates that guardrails remain via the Howey test, say attorneys at Skadden.