Appellate

April 21, 2025
Veterans Urge High Court To Ax Time Bar For Compensation

Veterans challenging an appellate court's ruling that a six-year limit applies to their claims for retroactive combat-related special compensation have told the U.S. Supreme Court that Congress's statute authorizing the compensation displaced preexisting settlement mechanisms and their statute of limitations.
April 21, 2025
DOL Tells 5th Circ. It May Rescind Biden-Era ESG Rule

The U.S. Department of Labor told the Fifth Circuit on Monday it's considering rescinding a Biden-era rule allowing retirement fiduciaries to consider issues like climate change and social justice when choosing investments, according to filings in a suit challenging the rule from conservative states and energy companies.
April 21, 2025
Pot Company Once Allied With Influencer Wants Rehearing

A cannabis, spirits and vape company formerly associated with Instagram celebrity Dan Bilzerian is asking the Ninth Circuit for an en banc rehearing of a $1.6 million judgment against it, saying a panel of circuit judges ignored key facts when it found the company liable for breach of contract.
April 21, 2025
NJ Panel Revives Ex-Group Home Worker's Whistleblower Suit

A New Jersey appeals court reinstated a group home worker's lawsuit alleging she was fired for raising concerns about staffing levels and training, reasoning Monday that she met the pleading standards for the state's whistleblower law.
April 21, 2025
US Asks 4th Circ. To Pause Review Of Corp. Transparency Act

The U.S. government urged the Fourth Circuit to pause a challenge brought by community associations against an information disclosure law aimed at small businesses, arguing that the U.S. Treasury Department's newly narrowed rules could moot the claims.
April 21, 2025
11th Circ. Suspends Atty For A Year Over Bogus Fee Requests

The Eleventh Circuit has handed down a one-year suspension to a Maryland attorney for submitting bogus fees applications.
April 21, 2025
Breakaway Firm Tells Ga. High Court To Nix Drew Eckl Dispute

Burke Moore Law Group LLP asked the Georgia Supreme Court on Monday to reject Drew Eckl & Farnham LLP's bid to review an appellate ruling that allowed Burke Moore to avoid arbitration over fees between Drew Eckl and its partners who previously practiced at the firm.
April 21, 2025
Justices Sympathetic To Inmate Who 'Messed Up' Appeal

The U.S. Supreme Court on Monday seemed dubious of a Fourth Circuit ruling refusing an inmate's appeal on procedural timing grounds, as the justices weighed a case that will likely disproportionately affect pro se litigants.
April 21, 2025
Justices Mull 5th Circ. Redo In ACA Preventive Care Fight

The U.S. Supreme Court on Monday appeared skeptical of a Fifth Circuit ruling that found members of a task force setting preventive services coverage requirements under the Affordable Care Act were unconstitutionally appointed, with multiple justices suggesting kicking the case back down to the circuit court for additional arguments.
April 21, 2025
Democrats Seek More Funds To Protect Judges From Threats

Two Democratic lawmakers on Monday asked U.S. Chief Justice John Roberts if more funding is needed to protect federal judges from a spike in physical threats that challenge "the viability of the rule of law itself."
April 21, 2025
EFF Tells Fed. Circ. That 6th Circ. Case Aids Bid For IP Docs

A digital rights nonprofit says that a recent Sixth Circuit revival of a fight for documents in a securities suit against a private prison operator bolsters its own bid at the Federal Circuit to unseal documents in a since-concluded patent lawsuit in the Eastern District of Texas.
April 21, 2025
T-Mobile Cites 5th Circ. Ruling In Challenge To $92M FCC Fine

T-Mobile and Sprint told the D.C. Circuit that another appeals court got it right when it vacated a $57 million Federal Communications Commission fine against AT&T, asking the D.C. court to take the same approach to commission penalties against them.
April 21, 2025
High Court Won't Review University Of Michigan's Gun Ban

The U.S. Supreme Court rejected a challenge to the University of Michigan's campus firearms ban Monday, leaving in place a lower court's ruling that the university is a "sensitive place" that may restrict guns.
April 21, 2025
Supreme Court Won't Hear Neb. Tribe's Tobacco Sales Dispute

The U.S. Supreme Court won't hear two Nebraska tribal companies' bid to undo an Eighth Circuit ruling that held the state can regulate a tribally owned manufacturer's sales of cigarettes to Indigenous-owned distributors after officials attempted to apply a settlement with major tobacco companies on the Winnebago reservation.
April 21, 2025
High Court Wants SG's Input On Home Depot ERISA Case

The nation's highest court asked the U.S. solicitor general Monday to opine on whether it should hear a retirement plan mismanagement case from Home Depot workers who say the Eleventh Circuit wrongly required them to link financial losses to alleged breaches of fiduciary duty.
April 21, 2025
Justices Won't Hear Mall Of America's Sears Lease Dispute

The U.S. Supreme Court on Monday declined to hear a case filed by the owner of Minnesota's Mall of America against Sears Holding Corp. over a transfer of a 100-year lease for an anchor store location, leaving in place a lower court's finding that the mall's lease was not a "true" contract.
April 21, 2025
Justices Kick Flavored-Vape Dispute Back To 5th Circ.

After the U.S. Supreme Court affirmed the U.S. Food and Drug Administration's authority to reject an e-cigarette company's application to market flavored vapes, the high court on Monday granted summary disposition on one other pending case on the same subject, while denying certiorari to three others.
April 21, 2025
Justices Won't Hear CSX-Norfolk Southern Antitrust Case

The U.S. Supreme Court refused on Monday to review whether CSX waited too long to bring its antitrust case against Norfolk Southern over fees charged by a Virginia switching line they jointly own.
April 21, 2025
Justices Won't Hear Patent Eligibility Ruling Dispute

The U.S. Supreme Court on Monday decided to skip a case brought by a company that had lost a patent case against Amazon, declining the challenge asserting that courts routinely issue summary judgment rulings on patent eligibility, even if there are disputes of fact.
April 21, 2025
Justices Pass On Damages Fight In Trading Patent Case

The U.S. Supreme Court on Monday skipped a case brought by the winner of a $6.6 million patent infringement verdict who has argued that the Federal Circuit wrongly denied its bid to increase those damages after it said it discovered fraud in the proceedings.
April 21, 2025
Justices Won't Review Welding Inspector's Contractor Status

The U.S. Supreme Court declined on Monday to review a Fifth Circuit decision finding a welding inspector was an independent contractor, not an employee, and therefore not entitled to Fair Labor Standards Act coverage.
April 20, 2025
High Court's Pause Of Removals Was 'Premature,' Alito Says

The U.S. Supreme Court's decision early Saturday morning to prohibit the Trump administration from using a 1798 wartime law to remove alleged Venezuelan gang members detained in northern Texas to an El Salvadoran prison was hasty and premature, Justice Samuel Alito wrote in a dissent joined by Justice Clarence Thomas.
April 19, 2025
Up Next At High Court: Preventive Healthcare, LGBTQ Books

The U.S. Supreme Court will hear arguments in five cases this week, including disputes over the constitutionality of a task force that sets preventive healthcare coverage requirements, a school district's introduction of LGBTQ-themed storybooks and whether parties can establish standing based on harms affecting third parties.
April 19, 2025
Justices Temporarily Block Removals Under Wartime Law

The U.S. Supreme Court on Saturday ordered the Trump administration to halt removals of alleged Venezuelan gang members detained in Texas under the 1798 Alien Enemies Act, pending further input from the court.
April 18, 2025
11th Circ. Won't Revive ADA Suit Over Remote Work Firing

The Eleventh Circuit on Friday refused to revive a former call center director's Americans with Disabilities Act suit against a financial services company, holding that the company had legitimate reasons to fire her and reasonably accommodated her request to work from home due to her Crohn's disease during the COVID-19 pandemic.

Expert Analysis

What FARA Enforcement In 2024 Reveals For The Year Ahead

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

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

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

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

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

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

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

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

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

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

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

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.
Contract Disputes Recap: Adjustments, Preclusion, Waivers

Ken Kanzawa at Seyfarth examines three recent decisions from the Civilian Board of Contract Appeals, the U.S. Court of Federal Claims and the Armed Services Board of Contract Appeals that examine distinctions between requests for equitable adjustments and claims, forum selection and res judicata, and the waiver of penalties for expressly unallowable costs.
The Justices' Securities Rulings, Dismissals That Defined '24

The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
10 Noteworthy CFPB Developments From 2024

In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.