Appellate

  • October 06, 2025

    NJ Justices Seem Skeptical Wage Law Excludes Immigrants

    The New Jersey Supreme Court appeared skeptical Monday that a worker can't bring state wage and hour claims because he is an unauthorized immigrant, as an appellate court had found, and grilled a realty management company's attorney about the source of an argument.

  • October 06, 2025

    Law Profs Say CareDx False Ad Verdict Should Stand

    Two law professors have urged the Third Circuit to grant medical testing company CareDx's request for another chance to argue why its $45 million false advertising verdict against a rival should be reinstated, saying a ruling nixing the verdict will disallow juries from using circumstantial evidence and encourage false advertisers to "try their luck."

  • October 06, 2025

    Pa. Justices Reject Parole Board Record Privilege Argument

    The Pennsylvania Supreme Court found Monday that probation and parole records were not privileged under a state record-confidentiality law, saying the state's parole board has no authority to "create an evidentiary privilege."

  • October 06, 2025

    Justices Asked To Narrow Honest Services Fraud In FIFA Case

    A South American sports marketing firm has asked the U.S. Supreme Court to review its reinstated bribery convictions, arguing that the Second Circuit's "extreme" application of honest services fraud law expanded the ability to secure convictions based on a private code of conduct.

  • October 06, 2025

    3rd Circ. Rejects Novo Nordisk's Medicare Pricing Challenge

    The Third Circuit on Monday shot down another challenge to the Medicare drug price negotiation program, denying claims by pharmaceutical giant Novo Nordisk that Congress illegally delegated too much authority to the executive branch.

  • October 06, 2025

    Catching Up With Delaware's Chancery Court

    Last week, the owner of the Kentucky Derby was hit with a suit accusing it of withholding escrow funds for environmental compliance violations owed under a 2022 deal with hospitality company Enchantment Holdings LLC.

  • October 06, 2025

    High Court Ends Challenge To Wash. Tribal Gaming Compacts

    The Supreme Court won't hear a casino owner and operator's petition to overturn a Ninth Circuit order over the validity of Washington state tribal gaming compacts, with the operator arguing that the sovereignty case implicates an acknowledged conflict about the interplay of the Administrative Procedure Act.

  • October 06, 2025

    NJ High Court Skeptical Of Expanding Nonclient Malpractice

    The New Jersey Supreme Court appeared doubtful Monday about extending the ability of nonclients to sue attorneys for malpractice claims, with one justice noting how the proposed duty would have "no bounds."

  • October 06, 2025

    High Court Won't Hear Case Over Starz Strip Club Show

    A playwright on Monday lost her bid to have the U.S. Supreme Court consider reviving her claims that Starz Entertainment copied her stage musical for the strip club drama series "P-Valley."

  • October 06, 2025

    NC Chamber Says AG Overstepping In DuPont Pollution Suit

    The North Carolina Chamber has urged the state's top court to review a forever chemical contamination suit against two DuPont spinoffs, saying state Attorney General Jeff Jackson is "driving far outside of his lane" by continuing to press forward with the case.

  • October 06, 2025

    Justices Won't Review EFAA's Effect On Wage Claims

    The U.S. Supreme Court rejected on Monday an invitation to consider whether the 3-year-old Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act can also push workers' wage and hour claims into federal court.

  • October 06, 2025

    FirstEnergy Pushes Justices To Restore FERC Grid Incentive

    FirstEnergy Corp. has said electricity markets would be roiled by uncertainty if the U.S. Supreme Court doesn't undo the Federal Energy Regulatory Commission's revocation of an incentive for power companies that are required to be members of a regional transmission organization.

  • October 06, 2025

    8th Circ. Revives Part Of Legal Tech Worker's OT Dispute

    The Eighth Circuit said in a published opinion Monday that the Minnesota federal district court must reexamine whether it has jurisdiction over an employee at legal document review company Consilio's pursuit of statutory damages for unpaid overtime under the Minnesota Fair Labor Standards Act.

  • October 06, 2025

    Justices Skip Unpaid Texas Tech Mentor's Retaliation Suit

    The U.S. Supreme Court declined on Monday to review a former Texas Tech University graduate research assistant's suit alleging she lost an unpaid mentor position for complaining about a professor's sexual harassment, leaving intact the Fifth Circuit's finding that she wasn't technically an employee.

  • October 06, 2025

    High Court Wants Feds' Input On Coffee Drink TM Fight

    The solicitor general has been asked by the U.S. Supreme Court to weigh in on a trademark case against PepsiCo Inc. launched by a company that makes nitro-brewed coffee drinks called Rise.

  • October 06, 2025

    High Court Won't Weigh NLRB 'Substantial Evidence' Standard

    The U.S. Supreme Court will not take up an Oregon distillery's challenge to how federal courts weigh whether to affirm National Labor Relations Board decisions, declining Monday to place a case on its docket that questioned what is known as the substantial evidence standard of review.

  • October 06, 2025

    Justices Won't Review 5th Circ. Ending ACA Trans Policy Suit

    The U.S. Supreme Court on Monday declined to review the Fifth Circuit's decision to shut down a challenge to a Biden-era interpretation of the Affordable Care Act's nondiscrimination-in-healthcare policy as also protecting against gender identity bias, which an appellate panel told a Texas court to dismiss in December.

  • October 06, 2025

    DJ Company Misclassified Workers, NJ Panel Rules

    A New Jersey wedding DJ services company misclassified its entertainers as independent contractors rather than employees, the state appeals court ruled, affirming the state Department of Labor's $45,645 judgment against the company.

  • October 06, 2025

    Baseball's Antitrust Exemption Escapes High Court Review

    The U.S. Supreme Court refused a request on Monday to review baseball's century-old exemption from antitrust law in a case from players accusing Major League Baseball and its teams of colluding to pay minor leaguers "poverty level" wages.

  • October 06, 2025

    Justices Won't Revisit Apache Land Exchange Dispute

    The U.S. Supreme Court won't reconsider its decision to deny an Apache nonprofit's petition that looked to block the transfer of nearly 2,500 acres to a copper mining company it said would destroy an ancient Indigenous worship site.

  • October 06, 2025

    Mass. Justices Say Harvard Must Face Cadaver Theft Claims

    Massachusetts' highest court on Monday reinstated claims against Harvard University over what one justice called a "ghoulish" and "macabre scheme" by its former medical school morgue manager to dissect, steal and sell body parts from donated medical research cadavers.

  • October 06, 2025

    Justices Won't Revive Church Shooting Claims Against Meta

    The Supreme Court on Monday denied a petition from the family of a South Carolina state senator who died in the June 2015 shooting at Mother Emanuel AME Church in Charleston, leaving in place a Fourth Circuit decision finding their claims against Meta Platforms were barred by federal law.

  • October 06, 2025

    Justices Won't Hear Ex-Steel Co. Manager's Retaliation Suit

    The U.S. Supreme Court refused Monday to review a suit brought by a former steel company manager who said lower courts let his former employer use unverified misconduct allegations to shield itself from claims that he was fired for speaking out about racial bias.

  • October 06, 2025

    High Court Won't Revisit Packaging Co.'s Win In ADA Case

    The U.S. Supreme Court refused Monday to hear a former packing company worker's challenge to the dismissal of his suit claiming he was unlawfully placed on unpaid leave after he asked to be excused from climbing ladders because of an injury, letting the company's Sixth Circuit win stand.

  • October 06, 2025

    High Court Skips Review Of ERISA Liability For DuPont Heirs

    The U.S. Supreme Court has declined to consider whether DuPont heirs should be held liable for alleged Employee Retirement Income Security Act violations for inadequately funding a now-insolvent trust established in 1947 by their grandmother to pay them and their workers retirement benefits.

Expert Analysis

  • EDNY Ruling May Limit Some FARA Conspiracy Charges

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    Though the Eastern District of New York’s recent U.S. v. Sun decision upheld Foreign Agents Registration Act charges against a former aide to New York Gov. Kathy Hochul, its recognition of an affirmative legislative policy to exempt some officials may help defendants charged with related conspiracies, say attorneys at ArentFox Schiff.

  • 9th Circ. Has Muddied Waters Of Article III Pleading Standard

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    District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.

  • Fla. Workers' Comp Ruling Ups Bar For Emotional Injury Suits

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    A Florida appellate court’s recent opinion in Steak 'N Shake v. Spears requires that employees solely claiming emotional distress seek workers’ compensation before suing their employers, closing a potential loophole and reducing the potential proliferation of such disputes in Florida courts, says Rob Rogers at Kirwin Norris.

  • Contract Disputes Recap: Spearin, Overpayments, Jurisdiction

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    Edward Arnold at Seyfarth examines three recent decisions addressing the limits of the Spearin doctrine in design-build contracts, the government's ability to recoup overpayments after a termination for convenience, and the Contract Disputes Act's strict and nonwaivable jurisdictional rules.

  • What Calif. Appeals Split Means For Litigating PAGA Claims

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    After two recent California state appeals court rulings diverged on whether a former employee with untimely individual claims under the Private Attorneys General Act can maintain a representative action, practitioners' strategic agility will be key to managing risk and achieving favorable outcomes in PAGA litigation, say attorneys at Buchalter.

  • Series

    Competing In Modern Pentathlon Makes Me A Better Lawyer

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    Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.

  • NY Case Shows How LLC Agreements Can Be Amended

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    The New York Court of Appeals in Behler v. Tao recently held that a merger clause contained in an amended limited liability company agreement superseded and extinguished an alleged oral agreement between the parties, highlighting the importance of determining early how and when an LLC agreement may be amended, says Kerrin Klein at Olshan Frome.

  • If Justices Accept, Maxwell Case May Clarify Meaning Of 'US'

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    If the U.S. Supreme Court agrees to take up Ghislaine Maxwell’s appeal, it could clarify the meaning of “United States” in the context of plea agreements, and a plain language interpretation of the term would offer criminal defendants fairness and finality, say attorneys at Kudman Trachten.

  • The State Of Play In Copyright Protection For Floor Plans

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    With questions over copyright protections for floor plans potentially teed up in front of the U.S. Supreme Court, attorneys in the real estate industry should take steps to clarify and strengthen clients' rights and reduce the risk of litigation, says Dylan I. Scher at Quinn Emanuel.

  • Series

    Law School's Missed Lessons: Teaching Yourself Legal Tech

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    New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.

  • Opinion

    Legacy Of 3 Justices Should Guide Transgender Rights Ruling

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    Three Republican-appointed U.S. Supreme Court justices — Anthony Kennedy, Sandra Day O'Connor and David Souter — gave rise to a jurisprudence of personal liberty that courts today invoke to protect gender-affirming care, and with the court now poised to decide U.S. v. Skrmetti, it must follow the path that they set, says Greg Fosheim at McDermott.

  • How IPR Estoppel Ruling May Clash With PTAB Landscape

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    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.

  • Texas Ruling Emphasizes Limits Of Franchisors' Liability

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    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.

  • How AI May Reshape The Future Of Adjudication

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    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.

  • Justices' Charter School Tie Delays Church-State Reckoning

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    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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