Appellate

  • December 08, 2025

    'Known Dangers' Of Driving Don't Merit $76M, Texas Court Says

    A split Texas appellate court did away with a $76 million judgment against a company whose driver rear-ended the vehicle of a woman who later died, saying the woman's estate failed to show the company's negligence caused the wreck.

  • December 08, 2025

    Colo. Supreme Court Sets New Anti-SLAPP Test

    Colorado's high court issued an opinion Monday creating a two-step analysis for judges to conduct when evaluating anti-SLAPP motions to dismiss in defamation cases after issuing a ruling against a Colorado Springs-based veterinary clinic suing two women who published negative reviews about it on social media.

  • December 08, 2025

    Fed. Circ. Won't Revive Express Mobile's Patents Or $40M Win

    The Patent Trial and Appeal Board rightfully invalidated claims of three Express Mobile web-design patents, and a Delaware federal judge properly found Shopify didn't infringe additional, related patents, the Federal Circuit held Monday.

  • December 08, 2025

    7th Circ. Questions Popcorn Shop Director's Retaliation Proof

    A Seventh Circuit panel appeared doubtful Monday that a former assistant research and development director for Chicago's iconic Garrett Popcorn Shops had enough direct evidence to try to convince a jury that lodging several federal food safety complaints led to her termination.

  • December 08, 2025

    Trump Admin Backs Exxon In Cuba Property Seizure Case

    The Trump administration is pressing the U.S. Supreme Court to rule in favor of Exxon Mobil Corp. and find that a federal law allowing U.S. victims of property seizures by the Cuban government to seek damages from entities that subsequently used the property abrogates the sovereign immunity of Cuban agencies and instrumentalities.

  • December 08, 2025

    DC Circ. Highly Skeptical It Has Jurisdiction In Eviction Fight

    The D.C. Circuit did not seem at all convinced Monday morning that it had jurisdiction over an eviction dispute that the owner of a multifamily property in Washington, D.C., pulled into federal court after being accused of wrongfully seizing a unit while the tenant was hospitalized.

  • December 08, 2025

    4th Circ. Backs EIDP In Dispute Over Annuity Reductions

    The Fourth Circuit backed agricultural chemical giant EIDP Inc. and its retirement plan administrator in a Monday opinion, finding that unambiguous contract language doomed the revival of a lawsuit from a retired employee who said his monthly benefit was unfairly reduced.

  • December 08, 2025

    Mich. Justices To Probe Cyberbullying Free Speech Defense

    The Michigan Supreme Court has taken up the appeal of a woman who contends her cyberbullying conviction should be thrown out because her messages were constitutionally protected speech.

  • December 08, 2025

    Mosaic Says 'Radioactive' Road Done, Legal Challenge Moot

    A Florida fertilizer producer asked the Eleventh Circuit to toss a lawsuit challenging a new roadway on its property using radioactive materials, arguing the court cannot provide any remediation or relief for a road it already constructed.

  • December 08, 2025

    Habba Resigns As Acting US Atty After DQ Ruling At 3rd Circ.

    Alina Habba stepped down Monday as acting U.S. attorney for New Jersey following a Third Circuit ruling that she was unlawfully appointed to the position, with the U.S. Department of Justice unveiling that a trio of officials will take on her responsibilities.

  • December 08, 2025

    Town Can Join New Regional School District, NJ Justices Say

    The New Jersey Supreme Court on Monday held that a series of public education reforms allow for a Garden State municipality to withdraw from two school districts in order to join one regional school district that would serve all of its public school students.

  • December 08, 2025

    11th Circ. Won't Pause Medicaid Rule Amid Fla. Hospital Audit

    An Eleventh Circuit panel revived Florida's lawsuit against a federal rule that reduces Medicaid funding based on agreements between hospitals, but upheld a lower court's decision to deny the state's request for an injunction after finding it wouldn't likely succeed on the merits of its complaint. 

  • December 08, 2025

    Fed. Circ. Backs Erasure Of $64M IP Verdict Against Goodyear

    The Federal Circuit on Monday affirmed an Ohio federal judge's decision to erase a $64 million jury verdict against Goodyear, agreeing that a Czech self-inflating tire company's suit had alleged misappropriation of trade secrets that were insufficiently defined, not secret or not used by Goodyear.

  • December 08, 2025

    Pa. Court Halts Bucks College Project Over Labor Agreement

    Bucks County Community College in eastern Pennsylvania can't move ahead with a $2 million expansion of its HVAC training program because a potential bidder convinced a majority of the Commonwealth Court on Friday that the school's preexisting "public labor agreement" was likely discriminatory to nonunion workers and met no urgent need.

  • December 08, 2025

    'Red Flags' Give 2nd Circ. Pause In NBA Health Fraud Appeal

    A Second Circuit panel appeared skeptical Monday of arguments by two former NBA players convicted of defrauding a league healthcare plan that they were tricked into participating by the scheme's leader, saying the trial evidence included "red flags."

  • December 08, 2025

    MVP: Dechert's Michael McGinley And Steven Engel

    Dechert LLP's Michael McGinley and Steven Engel had three cases before the U.S. Supreme Court during its previous term, including a unanimous ruling that clarified how final judgments can be reopened, earning them spots as 2025 Law360 Appellate MVPs.

  • December 08, 2025

    AT&T Joins SG's High Court Review Bid Despite 5th Circ. Win

    After winning a Fifth Circuit case involving fines from the Federal Communications Commission, AT&T has nonetheless agreed with the U.S. solicitor general that the U.S. Supreme Court should review the need for jury trials when the agency seeks certain penalties.

  • December 08, 2025

    High Court Rejects Bids To Clarify Video Privacy Law's Reach

    The U.S. Supreme Court on Monday declined to consider a pair of disputes over the scope of the federal Video Privacy Protection Act, a 1988 law that has sparked a flood of litigation over the viewing data disclosure practices of website operators ranging from the NBA to streaming provider Flipps Media. 

  • December 08, 2025

    Justices Won't Weigh Hawaii County Religious Land-Use Win

    The U.S. Supreme Court decided Monday to not grant a nonprofit's review petition for a Ninth Circuit ruling that sided with a Hawaii county in a dispute over a special land use permit.

  • December 08, 2025

    Hilton Retirees Push DC Circ. To Reopen Pension Case

    A panel of D.C. Circuit judges appeared to agree Monday that a class of over 20,000 Hilton employees hadn't justified its request for detailed discovery on the hotel chain's compliance with a 14-year-old injunction requiring it to pay additional retirement benefits.

  • December 08, 2025

    Defense Bill Includes Protections For Retired Justices

    The National Defense Authorization Act for fiscal 2026 released Sunday night extends U.S. Supreme Court police protection for retired and former justices and their immediate family members.

  • December 08, 2025

    Justices Say Louisiana Law Can't Bar HIV Discrimination Suit

    The U.S. Supreme Court told a Louisiana appeals court Monday that it incorrectly found that a state law protecting healthcare providers from civil liability during public health emergencies bars an HIV patient from alleging federal discrimination claims after being denied aquatherapy during the COVID-19 pandemic.

  • December 08, 2025

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court delivered a busy first week of December, featuring commercial disputes, post-closing merger and acquisition battles and renewed scrutiny of fiduciary conduct ranging from oil and gas investments to healthcare acquisitions. 

  • December 08, 2025

    Justices Block Union From Appealing 5th Circ. SpaceX Ruling

    The U.S. Supreme Court on Monday denied a union's bid to seek review of a Fifth Circuit ruling that entitles employers targeted by the National Labor Relations Board to court orders blocking the agency's cases.

  • December 08, 2025

    Fired Worker Can't Get Justices To Mull Burden-Shifting Test

    The U.S. Supreme Court on Monday turned away a former restaurant worker who said she was unlawfully fired after a diabetic episode, declining her invitation to review a legal test used to determine the viability of employment bias claims.

Expert Analysis

  • Series

    Judging Figure Skating Makes Me A Better Lawyer

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    Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.

  • Female Athletes' NIL Deal Challenge Could Be Game Changer

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    A challenge by eight female athletes to the NCAA’s $2.8 billion name, image and likeness settlement shows that women in sports are still fighting for their share — not just of money, but of respect, resources and representation, says Madilynne Lee at Anderson Kill.

  • 9th Circ. Ruling May Help Pharma Cos. Avert Investor Claims

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    The Ninth Circuit's recent decision affirming the dismissal of a securities fraud class action alleging that Talphera deceived investors by marketing a drug with a misleading slogan should give plaintiffs pause before filing similar complaints where snappy slogans are accompanied by copious clarifying information, say attorneys at Simpson Thacher.

  • What Ethics Rules Say On Atty Discipline For Online Speech

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    Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.

  • What's At Stake In High Court's Ill. Ballot Deadline Case

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    In Bost v. Illinois State Board of Elections, the U.S. Supreme Court will hear arguments next week on whether and when candidates for office have standing to bring prospective challenges to election laws, raising broader issues about the proper timing of federal court election litigation, say Richard Pildes and Samuel Ozer-Staton at NYU School of Law.

  • How Okla. High Court Ruling Will Alter Workers' Comp. Cases

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    The Oklahoma Supreme Court's recent decision in OBI Holding Company v. Schultz-Butzbach confirms that workers' compensation claims should move through the system without needless delay, which means attorneys on both sides will need to adjust how they handle such claims, says Steven Hanna at Gilson Daub.

  • Kimmel 2nd Circ. Victory Holds Novel Copyright Lessons

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    The Second Circuit's recent decision in Santos v. Kimmel, dismissing a copyright infringement claim against Kimmel for airing Cameo videos recorded by former U.S. Rep George Santos, examines the unusual situation of copyrighted works created at the request of the alleged infringer, say attorneys at Venable.

  • 2 Rulings Highlight IRS' Uncertain Civil Fraud Penalty Powers

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    Conflicting decisions from the U.S. Tax Court and the Northern District of Texas that hinge on whether the IRS can administratively assert civil fraud penalties since the U.S. Supreme Court’s 2024 decision in SEC v. Jarkesy provide both opportunities and potential pitfalls for taxpayers, says Michael Landman at Bird Marella.

  • Junior Attys Must Beware Of 5 Common Legal Brief Mistakes

    Excerpt from Practical Guidance
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    Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.

  • Contract Disputes Recap: Details, Instructions, Obligations

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    Recent decisions from the Armed Services Board of Contract Appeals and the Civilian Board of Contract Appeals offer critical insights into contractor reliance on government specifications, how instructions can affect a contractor’s dispute rights and how both factor into the larger claims process, says Sarah Barney at Seyfarth.

  • Lessons As Joint Employer Suits Shift From Rare To Routine

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    Joint employer allegations now appear so frequently that employers should treat them as part of the ordinary risk landscape, and several recent decisions demonstrate how fluid the liability doctrine has become, says Thomas O’Connell at Buchalter.

  • Utilizing 6th Circ.'s Expanded Internal Investigation Protection

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    A recent Sixth Circuit decision in In re: FirstEnergy demonstrates one way that businesses can use a very limited showing to protect internal investigations from discovery in commercial litigation, while those looking to force production will need to employ a carefully calibrated approach, say attorneys at Brownstein Hyatt.

  • 3rd Circ. Clarifies Ch. 11 3rd-Party Liability Scope Post-Purdue

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    A recent Third Circuit decision that tort claims against the purchaser of a debtor's business belong to the debtor's bankruptcy estate reinvigorates the use of Chapter 11 for the resolution of nondebtor liability in mass tort bankruptcies following last year's U.S. Supreme Court ruling in Purdue Pharma, say attorneys at Sullivan & Cromwell.

  • Series

    Power To The Paralegals: How And Why Training Must Evolve

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    Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.

  • Evaluating The Current State Of Trump's Tariff Deals

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    As the Trump administration's ambitious tariff effort rolls into its ninth month, and many deals lack the details necessary to provide trade market certainty, attorneys at Adams & Reese examine where things stand.

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