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Appellate
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July 14, 2025
6th Circ. Nom Is 1st Senate Confirmation Of Trump's 2nd Term
The Senate voted 46-42 on Monday evening to confirm Whitney Hermandorfer, director of the Office of the Tennessee Attorney General's Strategic Litigation Unit, to the Sixth Circuit, making her the first judicial confirmation of the second Trump administration.
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July 14, 2025
DC Circ. Says Biden DOL Didn't Improperly Issue H-2A Rule
The D.C. Circuit has said the Biden administration did not flout notice and comment rulemaking procedures when it issued a rule in 2022 revising the H-2A visa worker program because it pulled the Trump administration's 2021 version of the rule before it became final.
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July 14, 2025
Deportation Before Due Process? Mass. Justices To Decide
A Haitian man charged with sexual assault in Massachusetts hopes to be deported home instead of facing a trial, an unusual case where the state's highest court is expected to decide whether judges can use bail to keep a person in state custody out of immigration proceedings.
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July 14, 2025
4th Circ. Says Va. County Isn't Responsible For Damaged Pipe
The Fourth Circuit sided with Virginia's Isle of Wight County on Monday against a takings suit filed by local homeowners who alleged that the county had to pay for a damaged underground stormwater drainage pipe and the erosion it caused to nearby land.
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July 14, 2025
9th Circ. Keeps Alive Part Of Prof's DEI Free Speech Fight
A California professor can continue to sue his community college district over its enforcement of certain state regulations proscribing diversity and inclusion practices because they press on his free speech rights, the Ninth Circuit said, but stopped short of reviving the entire lawsuit.
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July 14, 2025
Tulsa Sheriff, DA Seek Pause In Tribal Jurisdiction Dispute
Tulsa County, Oklahoma, Sheriff Vic Regalado and District Attorney Steve Kunzweiler on Friday asked a federal judge to pause the Muscogee (Creek) Nation's lawsuit seeking to prevent the state from asserting criminal jurisdiction on its reservation until the U.S. Supreme Court reviews a similar case.
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July 14, 2025
Ga. County Wants 11th Circ. To Nix Trans Deputy's Health Win
A Georgia county urged the Eleventh Circuit to reverse a transgender sheriff's deputy's trial court win on claims that denying coverage for a vaginoplasty constituted discrimination in violation of Title VII, arguing the U.S. Supreme Court's recent decision upholding a Tennessee state ban on gender-affirming care for minors supported its appeal.
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July 14, 2025
Privilege Issue Snarls Free-Speech Trial Over Deportations
A Massachusetts federal bench trial in a suit by academic groups accusing the Trump administration of targeting for deportation noncitizens who express support for Palestinians was on hold Monday while the First Circuit considers whether certain government materials are privileged, including some that have already been discussed in open court.
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July 14, 2025
Microsoft, OpenAI Ask 9th Circ. To Toss Coders' DMCA Claims
Microsoft and OpenAI have asked the Ninth Circuit to affirm the dismissal of a suit brought by coders who claim that the companies' large language models spit out code almost identical to code they wrote, saying the coders have only alleged hypothetical injuries.
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July 14, 2025
5th Circ. Upholds Law Banning Strip Club Workers Under Age 21
The Fifth Circuit on Monday said that a Texas law barring people under 21 from working at strip clubs and other adult businesses passes a First Amendment test, saying Monday the law helps prevent sexual trafficking and furthers a significant government interest.
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July 14, 2025
Fed. Circ. Upholds PTAB Ax Of J&J Unit's Catheter Patent
The Federal Circuit on Monday upheld the Patent Trial and Appeal Board's invalidation of a Johnson & Johnson unit's patent on a device for clearing blocked arteries, saying an Abbott Laboratories unit's challenge was not improperly based on what the patent admitted was an earlier invention.
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July 14, 2025
Fla. Says High Court Rulings Back Trans Care Medicaid Ban
Florida told the Eleventh Circuit that recent U.S. Supreme Court rulings affirm the legality of a state law banning Medicaid payments for gender-affirming medical care, arguing its restrictions mirror a similar Tennessee law upheld by the justices because it centers on gender dysphoria diagnoses, not one's sex.
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July 14, 2025
2nd Circ. Affirms Biotech Founder's Win In Trading Suit
The Second Circuit on Monday affirmed an early win for the founder of biotech Y-mAbs Therapeutics Inc. in a suit alleging he realized more than $2.5 million in short-swing profits after he exchanged his shares for those of another company, agreeing with the lower court that the move didn't constitute a "purchase."
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July 14, 2025
11th. Circ. Rules Ga. Strip Search Was Illegal, Nixes Immunity
A full Eleventh Circuit ruled that Georgia Department of Corrections officers are not entitled to immunity in the case of a woman who was strip-searched while visiting her husband in prison, saying the search was unreasonable and violated her Fourth Amendment rights.
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July 14, 2025
5th Circ. Revives Suit Accusing UT Of Race-Based Admissions
A Fifth Circuit panel partially revived a lawsuit accusing the University of Texas at Austin of continuing to consider race in admissions decisions despite the U.S. Supreme Court's 2023 decision ending affirmative action programs.
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July 14, 2025
Tevra Asks 9th Circ. To Revive Bayer Flea, Tick Meds Suit
Tevra Brands LLC called on the Ninth Circuit to order a new trial after it said a lower court made several errors that prevented it from showing a jury that Bayer HealthCare LLC used exclusive contracts to lock up the market for a flea and tick treatment for dogs and cats.
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July 14, 2025
Ga. Judge Calls Atty 'Unworthy Of Belief' As Ethics Case Ends
A Georgia superior court judge facing ethics charges on Monday urged the state's judicial watchdog to either privately reprimand or suspend her for no more than 30 days if it decides punishment is needed in the case brought against her by the state's Judicial Qualifications Commission.
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July 14, 2025
TV Reporter Fights Town's Appeal After Broken Leg Trial Win
A television reporter whose leg was broken when he was allegedly hit by a public power employee's truck in the parking lot of a town hall has urged North Carolina's highest court to uphold a jury verdict finding that his injury was a result of the town worker's negligence.
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July 14, 2025
11th Circ. Won't Reexamine Sentence Of Convicted Fla. Atty
The Eleventh Circuit has rejected a Florida lawyer's request to reconsider her 75-month prison sentence for a COVID-19 loan fraud scheme.
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July 14, 2025
Mich. Justices Say GOP Can Challege Poll Worker Imbalance
The Michigan Republican Party can sue to enforce a rule about the political makeup of poll workers, the Michigan Supreme Court said Monday, reversing a lower court's ruling.
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July 14, 2025
Supreme Court Clears Way For Education Dept. Layoffs
The U.S. Supreme Court on Monday lifted a Massachusetts federal judge's order halting massive job cuts at the U.S. Department of Education, allowing the Trump administration to move forward with firing nearly 1,400 employees.
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July 14, 2025
End Of NJ Municipal Court Official's Harassment Suit Upheld
A former New Jersey municipal court administrator cannot sue the state Administrative Office of the Courts in a sexual harassment case because she was never an employee of the office, the state Appellate Division said Monday in a published opinion.
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July 14, 2025
Ex-NFL Player Asks 5th Circ. To Keep $1.86M Fee Award Intact
The National Football League's retirement plan had a chance to appeal a $1.86 million award of attorney fees to former running back Michael Cloud three years ago in his disability benefits suit, but it chose not to do so, Cloud told the Fifth Circuit in his pushback against the plan's latest appeal.
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July 14, 2025
Calif. Panel Keeps Charter PAGA Case Out Of Arbitration
Charter Communications can't arbitrate an employee's Private Attorneys General Act suit because parts of the arbitration agreement are "unconscionable," a California appeals panel ruled, relying on the state Supreme Court's decisions addressing the same pact.
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July 14, 2025
Ex-Seward & Kissel Partner Joins EDNY As 1st Asst. US Atty
U.S. Attorney Joseph Nocella Jr. announced Monday he has selected a former federal prosecutor and Seward & Kissel LLP partner to serve as first assistant U.S. attorney for the Eastern District of New York.
Expert Analysis
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How IPR Estoppel Ruling May Clash With PTAB Landscape
Though the Federal Circuit's narrowing of inter partes review estoppel in Ingenico v. Ioengine might encourage more petitions, tougher standards for discretionary denial established by the U.S. Patent and Trademark Office could be a counterbalancing factor, say attorneys at Troutman Pepper.
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Texas Ruling Emphasizes Limits Of Franchisors' Liability
The Texas Supreme Court's recent ruling in Massage Heights Franchising v. Hagman, holding that a franchisor was not liable to a customer for the actions of a franchisee's employee, helps clarify the relative roles and responsibilities of the parties in such situations — and the limits of franchisors' duty of care, say attorneys at Polsinelli.
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How AI May Reshape The Future Of Adjudication
As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.
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Justices' Charter School Tie Delays Church-State Reckoning
The U.S. Supreme Court’s recent deadlock in Oklahoma Statewide Virtual Charter School Board v. Drummond, blocking the creation of the nation’s first religious charter school, preserved the separation of church and state for now, but offered little reassurance about its continued viability, says Jeffrey Sultanik at Fox Rothschild.
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When Legal Advocacy Crosses The Line Into Incivility
As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.
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Florida Case Could Redefine Construction Defect Damages
If a Florida appellate court overturns the trial court in a pending construction contract dispute, the state could experience a seismic shift in construction defect damages, effectively leaving homeowners and developers with an incomplete remedy, says Andrew Gold at Akerman.
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2 NY Rulings May Stem Foreign Co. Derivative Suits
In recent decades, shareholders have challenged the internal affairs doctrine by bringing a series of derivative actions in New York state court on behalf of foreign corporations, but the New York Court of Appeals' recent rulings in Ezrasons v. Rudd and Haussmann v. Baumann should slow that trend, say attorneys at Cleary.
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8th Circ. Ruling Highlights Complicated Remote Work Analysis
The Eighth Circuit’s recent opinion in Kuklenski v. Medtronic USA demonstrates that the applicability of employment laws to remote workers is often a fact-driven analysis, highlighting several parameters to consider when evaluating what state and local laws may apply to employees who work remotely, say attorneys at Vedder Price.
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Class Standing Issues Still Murky After Justices Punt LabCorp
While litigants and district courts had hoped the U.S. Supreme Court's ruling in LabCorp v. Davis would provide much-needed clarity on the interplay between Article III standing and class certification, the court's failure to rule on the issue leaves disagreement, confusion and uncertainty for stakeholders, says Erica Rutner at Cozen O'Connor.
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Indemnity Lessons From Mass. Construction Defect Ruling
The Massachusetts high court's decision in Trustees of Boston University v. CHA, holding that a bespoke contractual indemnity provision means that a construction defect claim is not subject to Massachusetts' statute of repose, should spur design and construction professionals to negotiate limited provisions, says Christopher Sweeney at Conn Kavanaugh.
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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Justices' Ruling Lowers Bar For Reverse Discrimination Suits
The U.S. Supreme Court's unanimous opinion in Ames v. Ohio Department of Youth Services, lowering the evidentiary burden for plaintiffs bringing so-called reverse discrimination claims, may lead to more claims brought by majority group employees — and open the door to legal challenges to employer diversity, equity and inclusion initiatives, say attorneys at Ice Miller.
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Fed's Crypto Guidance Yank Could Drive Innovation
The Federal Reserve Board's recent withdrawal of guidance letters brings regulatory consistency and broadens banks' ability to innovate in the crypto-asset space, but key distinctions remain between the Fed's policy on crypto liquidity and that of the other banking regulators, says Dan Hartman at Nutter.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Statistics Tools Chart A Path For AI Use In Expert Testimony
To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.