Appellate

  • October 22, 2025

    Court Scraps $2.7M Crash Verdict over Doc's Trial Testimony

    A Florida appeals court on Tuesday reversed a $2.7 million jury award in an auto collision case, finding that the trial court erred by allowing undisclosed expert testimony from a treating physician regarding the plaintiff's future medical expenses.

  • October 22, 2025

    Airline Groups Ask 5th Circ. To Ground In-Flight Death Suit

    Airline industry trade groups told the Fifth Circuit that airlines should have the flexibility to assess and respond to passengers' in-flight medical emergencies, not be subjected to a rigid, one-size-fits all rule when there are myriad complicating factors that might influence their response.

  • October 22, 2025

    NJ Justices To Hear 3rd Circ.'s UIM Coverage Questions

    New Jersey's justices will help the Third Circuit consider whether a resident can recover up to the full $2 million limit in his employer's auto policy with Zurich rather than its $15,000 limit for underinsured motorists, the New Jersey Supreme Court announced Wednesday, taking up two certified questions.

  • October 22, 2025

    UBS Urges Justices Not To Revive Retaliation Case Again

    UBS Securities is urging the U.S. Supreme Court not to revive, for a second time, a fired worker's whistleblower retaliation lawsuit, arguing that lower courts should be allowed to consider questions about jury instructions regarding the meaning of "contributing factor" in the Sarbanes-Oxley Act before the high court weighs in.

  • October 22, 2025

    Judge Tosses Ingenus Suit Over Leukemia Treatment Patent

    A Delaware federal judge has agreed to throw out a lawsuit accusing Hetero Labs Ltd. of infringing a patent covering a treatment for lymphoma and leukemia, pointing out that an Illinois federal court in a separate case already found the patent to be invalid.

  • October 22, 2025

    Ohio Supreme Court Says Juror Was Impartial In Rape Trial

    An Ohio Supreme Court majority, in rejecting a man's appeal of his rape conviction, ruled Wednesday that criminal defendants seeking to prove juror bias must demonstrate that specific jurors have an "irrational or unshakable bias" and a complete unwillingness to apply the law impartially.

  • October 22, 2025

    Texas Appeals Court Wipes $64M Judgment For Dallas Lender

    A Texas appellate court wiped away a $64 million award to the subsidiary of a Dallas investment company following alleged fraud by Credit Suisse surrounding lending for a luxury Nevada community, saying the lower court improperly found that the subsidiary could collect damages above zero dollars.

  • October 22, 2025

    Feds Urge Justices To Back Machinists Fund In Pension Fight

    The federal government wrote in support of trustees of an International Association of Machinists pension fund in a dispute with employers at the U.S. Supreme Court, backing the union's argument that a pension plan actuary could change the methods and assumptions used to calculate withdrawal payments.

  • October 22, 2025

    NJ Panel Hints Affordable Housing Rules Fight Is Moot

    A New Jersey appellate panel questioned on Wednesday whether 28 towns' challenge to interim affordable housing rules might become moot, as permanent regulations are expected within two months — but municipal attorneys argued the current rules have already forced planning decisions that could be upended.

  • October 22, 2025

    6th Circ. Backs Lordstown Execs In Failed Foxconn Deal Suit

    The Sixth Circuit has upheld the dismissal of a suit claiming former executives of Lordstown Motors Corp. misled investors about the state of a partnership with Foxconn Technology Group, finding leaders' optimism about the ultimately failed deal wasn't intentionally false.

  • October 22, 2025

    Presidential Firing Limits Fight Builds At High Court

    The ousted U.S. Merit Systems Protection Board chair has encouraged the U.S. Supreme Court to include a caveat for "legislative courts" if it overturns precedent that empowers Congress to limit the president's authority to fire certain agency officials, but opponents of independent agencies want a clean break from the status quo. 

  • October 22, 2025

    3rd Circ. Tosses Elderly Woman's Solar Panels Fraud Suit

    The Third Circuit on Wednesday backed the dismissal of an elderly woman's fraud claims against two solar panel financiers, which she accused of saddling her with a nearly $100,000 debt after she was tricked getting rooftop solar panels a salesperson told her were free.

  • October 22, 2025

    Obstetrician's Win Upheld In 'Outrageous Terminology' Suit

    A Georgia Court of Appeals on Wednesday upheld a trial court's decision that an Atlanta obstetrician's allegedly "outrageous terminology" wasn't "extreme and dangerous," and that she didn't intentionally inflict emotional distress when she told a couple their stillborn child had been "decapitated" during delivery.  

  • October 22, 2025

    OCC Drops $10M Fine, Ban In Wells Fargo Ex-Exec Deal

    The Office of the Comptroller of the Currency has agreed to end a long-running case accusing a former Wells Fargo risk officer of failing to prevent the bank's fake accounts scandal, striking a deal that drops its pursuit of a $10 million fine and industry ban.

  • October 22, 2025

    NJ Justices To Review Judicial Privacy Law For 3rd Circ. Case

    The New Jersey Supreme Court has agreed to a request from the Third Circuit to interpret whether the judicial privacy measure Daniel's Law requires a certain mental state in order to establish liability.

  • October 22, 2025

    Straight Path Class Attys Appeal $1.2B Damage Claim Toss

    An attorney for Straight Path Communications shareholders told Delaware's justices Wednesday the state Supreme Court should revive a $1.2 billion claim tied to company controller Howard Jonas' allegedly self-interested role in shutting down a board special committee's pursuit of damages against him.

  • October 22, 2025

    Feds Fight Early Release For Atty Convicted Of $550M Fraud

    Federal prosecutors on Tuesday opposed compassionate release of a Kentucky lawyer who fled the country after pleading guilty to a $550 million Social Security fraud scheme, telling the Sixth Circuit that the lawyer's medical conditions are being adequately treated in prison and the seriousness of his crimes warranted more time behind bars.

  • October 22, 2025

    Widow Not Liable For Husband's Tax Debt, 4th Circ. Told

    An 80-year-old widow whose husband was imprisoned after hiding more than $20 million from the IRS told the Fourth Circuit that he was "abusive and controlling" and that she shouldn't have to pay the millions of dollars they jointly owe, despite contrary claims by the government.

  • October 22, 2025

    Fed. Circ. Won't Clear Semiconductor Patent Application

    The Federal Circuit on Wednesday backed the U.S. Patent and Trademark Office's rejection of certain claims in a semiconductor patent application from a German company, sinking an appeal of findings that the claims were obvious.

  • October 22, 2025

    Retention Bonus Not Subject To Wage Act, Mass. Justices Say

    Massachusetts' highest court ruled on Wednesday that a retention bonus contingent on an employee's willingness to meet certain conditions is not a salary subject to a provision of the state's Wage Act requiring payment on the final day of employment.

  • October 22, 2025

    Amazon Gets Military Leave Suit Thrown Out, For Now

    A New York federal judge walked back an August ruling that certified a thousands-strong class of Amazon workers who alleged they were shorted on pay for stints of military leave, agreeing with the retail giant that the suit should be dismissed.  

  • October 21, 2025

    Ga. Justices Weigh City's Duty In $33M Fatal Crash Case

    The Georgia Supreme Court considered Tuesday whether to overturn a state appellate court's ruling that a metro Atlanta city must pay a $33 million verdict awarded to the parents of a college student who died after crashing into a roadside planter.

  • October 21, 2025

    Apple Slams 'Fatally Broad' App Store Injunction At 9th Circ.

    Apple urged the Ninth Circuit Tuesday to scrap a mandate blocking it from charging any commission on iPhone app purchases made outside its systems, slamming the district court's "fatally broad" injunction and arguing that the court's zero-commission rule is "the antithesis of a proper civil contempt remedy."

  • October 21, 2025

    Citadel Securities Asks 11th Circ. To Scope SEC's IEX Order

    Citadel Securities has petitioned the Eleventh Circuit to review the U.S. Securities and Exchange Commission's recent approval of a new options exchange called IEX Options, following a comment letter the broker-dealer sent to the regulator stating that IEX "seeks approval for an unprecedented quote-canceling scheme in the U.S. options market."

  • October 21, 2025

    Tribes Ask Justices To Keep Enbridge Suit In Mich. State Court

    Ten tribal nations have asked the U.S. Supreme Court to refuse Enbridge Energy LP's bid to move the Michigan attorney general's lawsuit seeking to shut down a pipeline out of state court, saying Tuesday the company wrongly wants to change the rules on a deadline it missed.

Expert Analysis

  • Trader Joe's Ruling Highlights Trademark Infringement Trends

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    The Ninth Circuit's recent decision in Trader Joe's Co. v. Trader Joe's United explores the legal boundaries between a union's right to advocate for workers and the protection of a brand's intellectual property, and illustrates a growing trend of courts disfavoring early dismissal of trademark infringement claims in the context of expressive speech, say attorneys at Mitchell Silberberg.

  • SDNY OpenAI Order Clarifies Preservation Standards For AI

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    The Southern District of New York’s recent order in the OpenAI copyright infringement litigation, denying discovery of The New York Times' artificial intelligence technology use, clarifies that traditional preservation benchmarks apply to AI content, relieving organizations from using a “keep everything” approach, says Philip Favro at Favro Law.

  • What 9th Circ.'s Rosenwald Ruling Means For Class Actions

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    The Ninth Circuit's recent decision in Rosenwald v. Kimberly-Clark has important implications around the Class Action Fairness Act and traditional diversity jurisdiction — both for plaintiff-side and defense-side class action litigators — and deepens the circuit split concerning the use of judicial notice to establish diversity, says Grace Schmidt at DTO Law.

  • What's At Stake In Justices' Merits Hearing Of FTC Firing

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    In December, the U.S. Supreme Court will review President Donald Trump's firing of Democratic Federal Trade Commissioner Rebecca Slaughter, a decision that will implicate a 90-year-old precedent and, depending on its breadth, could have profound implications for presidential authority over independent agencies, say attorneys at Holland & Knight.

  • Compliance Steps To Take As FCRA Enforcement Widens

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    As the Fair Credit Reporting Act receives renewed focus from both federal and state enforcers, regulatory and litigation risk is most acute in several core areas, which companies can address by implementing purpose processes and quick remediation of consumer complaints, among other steps, say attorneys at Wiley.

  • 4 Strategies To Ensure Courts Calculate Restitution Correctly

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    Recent reversals of restitution orders across the federal appeals courts indicate that some lower courts are misapplying fundamental restitution principles, so defense attorneys should consider a few ways to vigilantly press these issues with the sentencing judge, says Wesley Gorman at Comber Miller.

  • 11th Circ. Geico Ruling Underscores Bad Faith Test

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    A recent ruling by the Eleventh Circuit highlighted that negligence is not the standard for a finding of bad faith and that the insurer can overcome a bad faith suit by being diligent in its investigation and settlement efforts, emphasizing the totality of the circumstances test, says Juan Garrido at Cozen O'Connor.

  • Transource Ruling Affirms FERC's Grid Planning Authority

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    The Third Circuit's recent decision in Transource Pennsylvania v. DeFrank, reversing a state agency's denial of an electric transmission facility permit, provides a check on states' ability to veto needed power projects, and is a resounding endorsement of the Federal Energy Regulatory Commission's regional transmission planning authority, say attorneys at Wilson Sonsini.

  • In NY, Long COVID (Tolling) Still Applies

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    A series of pandemic-era executive orders in New York tolling state statutes of limitations for 228 days mean that many causes of action that appear time-barred on their face may continue to apply, including in federal practice, for the foreseeable future, say attorneys at Sher Tremonte.

  • Opinion

    Expert Reports Can't Replace Facts In Securities Fraud Cases

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    The Ninth Circuit's 2023 decision in Nvidia v. Ohman Fonder — and the U.S. Supreme Court's punt on the case in 2024 — could invite the meritless securities litigation the Private Securities Litigation Reform Act was designed to prevent by substituting expert opinions for facts to substantiate complaint assertions, say attorneys at A&O Shearman.

  • 3rd Circ. Ruling Forces A Shift In Employer CFAA Probes

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    The Third Circuit's recent ruling in NRA Group v. Durenleau, finding that "unauthorized access" requires bypassing technical barriers rather than simply violating company policies, is forcing employers to recalibrate insider misconduct investigations and turn to contractual, trade secret and state-level claims, say attorneys at Sidley.

  • Opinion

    High Court, Not A Single Justice, Should Decide On Recusal

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    As public trust in the U.S. Supreme Court continues to decline, the court should adopt a collegial framework in which all justices decide questions of recusal together — a reform that respects both judicial independence and due process for litigants, say Michael Broyde at Emory University and Hayden Hall at the U.S. Bankruptcy Court for the District of Delaware.

  • FTC's Consumer Finance Pivot Brings Industry Pros And Cons

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    An active Federal Trade Commission against the backdrop of a leashed Consumer Financial Protection Bureau will be welcomed by most in the consumer finance industry, but the incremental expansion of the FTC's authority via enforcement actions remains a risk, say attorneys at Hudson Cook.

  • Reel Justice: 'One Battle After Another' And The Limits Of Zeal

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    The political thriller “One Battle After Another,” following a former revolutionary who became a recluse, offers a potent metaphor for attorneys on diligence and the ethical boundaries of zealous advocacy, says Veronica Finkelstein at Wilmington University School of Law.

  • Series

    Traveling Solo Makes Me A Better Lawyer

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    Traveling by myself has taught me to assess risk, understand tone and stay calm in high-pressure situations, which are not only useful life skills, but the foundation of how I support my clients, says Lacey Gutierrez at Group Five Legal.

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