Appellate

  • June 16, 2025

    6th Circ. Denies Mich. Gov.'s Rehearing Bid In Pipeline Suit

    A three-judge panel of the Sixth Circuit on Monday rejected a request for a rehearing from Michigan Gov. Gretchen Whitmer, who had asked the appellate court to reconsider its earlier decision that she didn't have sovereign immunity from Enbridge Energy's lawsuit seeking to halt her efforts to shut down the Line 5 pipeline.

  • June 16, 2025

    Worker Asks 4th Circ. To Rethink Tossed Pregnancy Bias Suit

    A former medical center worker who claims she was fired out of pregnancy bias urged the Fourth Circuit to reconsider upholding the dismissal of her suit, arguing the panel ignored evidence that she performed her job successfully when crediting her ex-employer's defense that she was fired for subpar work.

  • June 16, 2025

    4th Circ. Says No Premium Refunds Under Fed. Mortgage Law

    A Virginia homeowner cannot recover premiums he'd prepaid for private mortgage insurance under a federal law mandating such insurance for certain borrowers, the Fourth Circuit ruled Monday, finding the Homeowners Protection Act of 1998's premium refund provisions do not extend to voluntary insurance cancellation agreements.

  • June 16, 2025

    High Court Will Hear Chevron, Exxon Pollution Liability Case

    The U.S. Supreme Court agreed Monday to determine whether federal or state courts are the proper venue for Louisiana's bid to hold Chevron, Exxon Mobil and other major oil companies liable for damages to the state's coastal lands that were allegedly caused by World War II-era oil production activities.

  • June 16, 2025

    Fla. Justices To Weigh 'Blindfolded' Jury Selection Procedure

    The Florida Supreme Court has agreed to consider whether a so-called blindfolded jury selection method was fair to a man serving a life sentence for a murder conviction.

  • June 16, 2025

    Winery Can't Overcome Ex-Atty's 'Negligence' In Noise Suit

    The Pennsylvania Superior Court held in a precedential ruling that the negligence of a winery's former counsel in failing to communicate with the winery during litigation over operating in a neighborhood isn't a good enough reason to reverse an order shutting it down.

  • June 16, 2025

    Convict's Outbursts Didn't Warrant DQ, Conn. Justices Rule

    A Connecticut trial court judge acted within his power to consider and then add three criminal contempt sentences to a murder convict's prison term after the defendant hurled a series of racial and profane attacks at the court when a habeas corpus hearing concluded, the state's highest court ruled Monday.

  • June 16, 2025

    NJ Atty Disciplined For Private Law Work On GC Role Time

    A former general counsel for a New Jersey public agency previously fined for ethics breaches has now been censured, with the state Supreme Court issuing the discipline after finding he operated a private law practice out of his office at the agency.

  • June 16, 2025

    Fla. Judge Denies Ethics Breach Over Fake Recording

    A judge in Broward County, Florida, pushed back on ethics charges accusing her of publicly sharing a fabricated recording of a chief judge disparaging another judge in her 2024 election campaign, saying her actions did not violate the Code of Judicial Conduct.

  • June 16, 2025

    5th Circ. Won't Keep Dish Bias Case Out Of Arbitration

    The Fifth Circuit reinstated a Hispanic former Dish Network employee's suit claiming he was forced out in favor of a younger, white worker, but said the case had to remain in arbitration because he hadn't shown an agreement he signed was invalid.

  • June 16, 2025

    High Court Turns Down Influencer's Jury Right Appeal

    The U.S. Supreme Court refused Monday to hear the case of a social media influencer who argued his case deserved to be heard by a jury after he was convicted of a misdemeanor in a bench trial.

  • June 16, 2025

    High Court Won't Revisit Landmark Religious Freedom Ruling

    The U.S. Supreme Court vacated and remanded a case from a Roman Catholic diocese in New York on Monday, bypassing for now the chance to overturn a landmark ruling that restricts First Amendment religious freedom challenges.

  • June 16, 2025

    High Court Skips Laches Question In Trademark Disputes

    The U.S. Supreme Court on Monday declined to take up an appeal that asked if it is proper for courts to adopt state statutes of limitations in trademark disputes to determine whether a party took too long to sue.

  • June 16, 2025

    Justices Turn Away Merck's Bone Drug Warning Label Row

    The U.S. Supreme Court on Monday rejected Merck Sharp & Dohme Corp.'s request to review a Third Circuit decision that more than 1,000 failure-to-warn claims over its osteoporosis drug Fosamax can continue despite the company's assertion that the litigation is barred by federal law.

  • June 16, 2025

    Justices Deny Challenge To Copyright's 'Discovery Rule'

    The U.S. Supreme Court said Monday it will not revisit the so-called discovery rule, rejecting an appeal from a shoe designer who argued the justices needed to clarify whether it's appropriate to bring copyright claims outside the three-year statute of limitations.

  • June 16, 2025

    Justices Won't Review Ed Sheeran's 'Thinking Out Loud' Win

    The U.S. Supreme Court on Monday denied a petition to review a ruling finding that Ed Sheeran's hit song "Thinking Out Loud" did not rip off Marvin Gaye's "Let's Get It On."

  • June 16, 2025

    Justices Take Up NJ Anti-Abortion Group's Subpoena Fight

    The U.S. Supreme Court on Monday agreed to review the Third Circuit's dismissal of an anti-abortion pregnancy center's federal lawsuit challenging a subpoena from the New Jersey attorney general demanding information about its donors.

  • June 16, 2025

    High Court Skips NexStep's Patent Fight With Comcast

    The U.S. Supreme Court on Monday rejected NexStep Inc.'s bid to revive its patent suit against Comcast in a case that had implicated patent law's doctrine of equivalents. 

  • June 16, 2025

    Justices Again Refuse To Hear Trading Tech's Patent Case

    The U.S. Supreme Court on Monday refused to reconsider its April decision not to hear Trading Technologies' appeal seeking to boost its $6.6 million trading patent win after the company claimed new developments and patent eligibility legislation warranted taking the case.

  • June 13, 2025

    7th Circ. Won't Revive RICO Claims Against Blood Test Co.

    A group of pilots and other people required to undergo alcohol screening for their employment cannot pursue their Racketeer Influenced and Corrupt Organization Act claims against a drug testing company, the Seventh Circuit ruled Friday after finding that the complaint doesn't adequately tie the plaintiffs' injuries to the alleged fraudulent scheme.

  • June 13, 2025

    9th Circ. Allows ConocoPhillips Project To Proceed, For Now

    The Ninth Circuit on Friday held that the U.S. Bureau of Land Management must reconsider a small part of its approval for the controversial ConocoPhillips Willow oil and gas project, though it stopped short of vacating existing approvals for the Arctic energy development and allowed the project to proceed.

  • June 13, 2025

    NY Supreme Court Bars ICE Office At Rikers, For Now

    The New York Supreme Court on Friday blocked New York City Mayor Eric Adams from letting U.S. Immigration and Customs Enforcement open up an office at Rikers Island, saying that there was a "real and imminent risk" immigrant communities would lose trust in the city's government institutions absent an injunction.

  • June 13, 2025

    DC Circ. Knocks NLRB For 'Irrational' Impasse Analysis

    The D.C. Circuit on Friday rejected the National Labor Relations Board's conclusions that a quarry operator unlawfully threatened to stop contributions to a pension fund for unionized workers, finding the board's "legal analysis is irrational" about whether the parties were at an impasse.

  • June 13, 2025

    10th Circ. Affirms Expert DQ In Sig Sauer Gun Discharge Suit

    Gunmaker Sig Sauer Inc. scored a win at the Tenth Circuit on Friday with the panel disqualifying two experts who were ready to testify that its P320 pistol was defectively designed, giving the company an appeals court ruling to lean on as it continues to fend off a rash of suits claiming the gun fires unintentionally.

  • June 13, 2025

    $1.6M Verdict Should've Been Trimmed Sooner, NJ Panel Says

    A New Jersey trial court should've reduced a $1.6 million jury verdict to $200,000 sooner in an automobile accident dispute after the plaintiff told both the trial judge and judge in the defendant's bankruptcy proceedings he would seek only $200,000, a state appeals court ruled Friday.

Expert Analysis

  • The Central Issues Facing Fed. Circ. In Patent Damages Case

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    The en banc Federal Circuit's pending review of EcoFactor v. Google could reshape how expert damages opinions are argued, and could have ripple effects that limit jury awards, say attorneys at McAndrews Held.

  • Series

    Performing Stand-Up Comedy Makes Me A Better Lawyer

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    Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.

  • Series

    Adapting To Private Practice: From SEC To BigLaw

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    As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.

  • How Fed. Circ. Ruling Complicates Patent Infringement Cases

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    The Federal Circuit's decision last month in Kroy IP Holdings v. Groupon may make defending patent infringement claims more challenging, time-consuming and expensive — but it has also complicated similar patent infringement proceedings involving the same patents and their appeals, say attorneys at Norton Rose.

  • The Revival Of Badie Arbitration Suits In Consumer Finance

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    Plaintiffs have recently revived a California appellate court's almost 30-year-old decision in Badie v. Bank of America to challenge arbitration requirements under the Federal Arbitration Act, raising issues banks and credit unions in particular should address when amending arbitration provisions, say attorneys at Orrick.

  • Making The Case For Rest In The Legal Profession

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    For too long, a culture of overwork has plagued the legal profession, but research shows that attorneys need rest to perform optimally and sustainably, so legal organizations and individuals must implement strategies that allow for restoration, says Marissa Alert at MDA Wellness, Carol Ross-Burnett at CRB Global, and Denise Robinson at The Still Center.

  • 1st Circ. IMessage Ruling Illustrates Wire Fraud Circuit Split

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    The First Circuit’s recent decision that text messages exchanged wholly within Massachusetts but transmitted by the internet count as interstate commerce spotlights a split in how circuits interpret intrastate actions under the federal wire fraud statute, perhaps prompting U.S. Supreme Court review, say attorneys at ArentFox Schiff.

  • 4 Ways Women Attorneys Can Build A Legal Legacy

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    This Women’s History Month, women attorneys should consider what small, day-to-day actions they can take to help leave a lasting impact for future generations, even if it means mentoring one person or taking 10 minutes to make a plan, says Jackie Prester, a former shareholder at Baker Donelson.

  • Justices' Revival Ruling In Bias Suit Exceeds Procedural Issue

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    The U.S. Supreme Court's recent ruling in Waetzig v. Halliburton allowed the plaintiff in an age discrimination lawsuit to move to reopen his case after arbitration, but the seemingly straightforward decision on a procedural issue raises complex questions for employment law practitioners, says Christopher Sakauye at Dykema.

  • Cleanup Claim Characterization Key For Timeliness Inquiry

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    The Tenth Circuit's recent ruling in Atlantic Richfield Co. v. NL Industries, determining that ARCO's contribution claim was timely, highlights the importance of accurately characterizing a claim for recoupment of environmental cleanup costs as a cost-recovery action or contribution to avoid dismissal or recharacterization of the claim, say attorneys at Spencer Fane.

  • A Judge's Pointers For Adding Spice To Dry Legal Writing

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    U.S. District Judge Fred Biery shares a few key lessons about how to go against the grain of the legal writing tradition by adding color to bland judicial opinions, such as by telling a human story and injecting literary devices where possible.

  • A Closer Look At Money Laundering Sentencing Issues

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    Federal money laundering cases are on the rise, often involving lengthy prison sentences for defendants who have little to no criminal history, but a closer look at the statistics and case law reveal some potentially valuable arguments that defense attorneys should keep in their arsenal, says Sarah Sulkowski at Gelber & Santillo.

  • Justices Likely To Issue Narrow Ruling In $1.3B Award Dispute

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    After last week's argument in Devas v. Antrix, the Supreme Court appears likely to reverse the holding that minimum contacts are required before a federal court may exercise personal jurisdiction over a foreign state and remand the case for further litigation on other important constitutional questions, say attorneys at Cleary. 

  • Pleading Rules At Stake In High Court Hamas Banking Case

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    While a case between victims of Hamas terrorist attacks and a Lebanese bank, recently argued before the U.S. Supreme Court, appears to ask a narrow question of which civil procedure rules apply to requests to reopen final judgments, how the justices rule could drastically change pleading strategies for future plaintiffs, say attorneys at Dorsey & Whitney.

  • What's At Stake In High Court Transgender Care Suit

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    The outcome of U.S. v. Skrmetti will have critical implications for the rights of transgender youth and their access to gender-affirming care, and will likely affect other areas of law and policy involving transgender individuals, including education, employment, healthcare and civil rights, say attorneys at ArentFox Schiff.

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