Appellate

  • April 22, 2025

    Ramey Firm Turns To Supreme Court In Sanctions Fight

    Texas-based patent firm Ramey LLP told the Federal Circuit that it is fighting California sanctions before the U.S. Supreme Court, after a magistrate judge in the Golden State determined three attorneys must make monetary payments and face other penalties for filing litigation in bad faith.

  • April 22, 2025

    Del. Justices Order Matterport CEO Cash-Out Recalculation

    Delaware's Supreme Court reversed and ordered a recalculation Tuesday for a $79 million Court of Chancery ruling on additional damages and interest due a former CEO of 3D building imaging company Matterport Inc. who challenged his $80 million cash-out in a 2021 go-public sale.

  • April 24, 2025

    CORRECTED: Texas Atty Says Bogus Rulings Came From Internet Searches

    A Lone Star State lawyer has admitted that, following internet searches, she listed phony cases in an appellate brief in a dispute over $1 million in jewelry her parents argued was gifted to their daughter and out of a creditor's reach.

  • April 22, 2025

    Meet The DC Circ. Panel Deciding Judge Newman's Future

    Federal Circuit Judge Pauline Newman will stand before a panel of D.C. Circuit judges on Thursday, arguing that her colleagues wrongly suspended her two years ago. Here's what you should know about the judges who are tasked with overseeing the 97-year-old jurist's challenge.

  • April 22, 2025

    NYT Again Beats Palin's Defamation Claims After Retrial

    A Manhattan federal jury on Tuesday rejected Sarah Palin's libel claims against the New York Times over a 2017 editorial linking her to political violence, finding the paper and its former opinion editor not liable for an error that was promptly corrected.

  • April 22, 2025

    NC Justice Fights GOP Challenger's 'Dangerous' Vote Fight

    North Carolina Supreme Court Justice Allison Riggs urged a federal judge to dismiss the federal election law challenge brought by the Republican candidate she ran against for her seat, arguing it is "dangerous" to allow unsuccessful candidates to challenge election laws only after they have already lost.

  • April 22, 2025

    Insurer Urges 11th Circ. To Nix Law Firm Malpractice Coverage

    An insurance company has urged the Eleventh Circuit to revive its lawsuit seeking a ruling that it does not have to defend Georgia law firm Fellows LaBriola LLC in a malpractice case because of a misappropriation exclusion included in the firm's policy.

  • April 22, 2025

    Parker-Hannifin Workers Asked For Input On 401(k) Fund Case

    Parker-Hannifin Corp. employees were asked Monday to respond to a petition seeking U.S. Supreme Court review of their recently revived 401(k) plan mismanagement allegations.

  • April 22, 2025

    Dems Not Satisfied With BigLaw Answers On Trump Deals

    Top Democrats investigating the Trump administration's deals with major law firms are not satisfied with the initial responses they've received even though the firms say nothing about their work or philosophy has changed. 

  • April 22, 2025

    Justices Say Self-Removal Deadlines Don't Include Weekends

    The U.S. Supreme Court ruled Tuesday that individuals with a self-deportation deadline that falls on a weekend or federal holiday may move to reopen their removal cases the following business day.

  • April 21, 2025

    5th Circ. Lifts Block On Mississippi Social Media Law

    The Fifth Circuit lifted a preliminary injunction on a Mississippi law requiring digital service providers to verify users' ages and social media platforms to acquire parental consent for a minor's account, saying that under the U.S. Supreme Court's 2024 decision in Moody, a "more detailed analysis" of the act is required.

  • April 21, 2025

    CFPB Needs Only 200 Workers, Trump Admin Tells DC Circ.

    The Trump administration has told the D.C. Circuit the Consumer Financial Protection Bureau only needs a staff of 200 to fulfill its duties, as the government seeks to resume layoffs at the agency after a federal judge halted the terminations for a second time. 

  • April 21, 2025

    Justices To Mull Tort Liability For USPS 'Campaign Of Terror'

    The U.S. Supreme Court agreed Monday to assess the U.S. Postal Service's liability under federal tort law for intentional delivery failures — an issue nominally focused on an alleged "racially motivated harassment campaign" against a Texas woman but also broadly relevant to delivery lapses in the nation's vast mail system.

  • April 21, 2025

    7th Circ. Gives Costco Slip-And-Fall Suit A Second Life

    The Seventh Circuit on Monday revived a suit over a Costco customer's slip-and-fall, saying trial is warranted because a jury could find that surveillance video supports the claim that a spilled smoothie was on the floor for at least 28 minutes before the fall.

  • April 21, 2025

    Colo. Justices Say Insurer Can't Escape 'Economic Loss' Rule

    Colorado Supreme Court justices on Monday said an insurer can't escape an economic loss rule that precludes parties from bringing tort claims over a breach of duty arising from a contract, holding that the rule has no exception for willful and wanton conduct and tossing the insurer's negligence claim over a restaurant fire.

  • April 21, 2025

    En Banc 9th Circ. Revives Shopify Data Privacy Fight

    A split Ninth Circuit en banc panel Monday revived a proposed class action alleging Shopify violates privacy rights by embedding payment-processing code on merchant websites that surreptitiously tracks consumers' location and collects personal data, with a nearly unanimous majority finding the location-tracking allegations establish specific jurisdiction in the Golden State.

  • April 21, 2025

    Wind Farm Co. Asks 10th Circ. To Undo Osage Teardown Order

    Enel Green Power North American Inc. is asking the Tenth Circuit to reverse a lower court's $4.2 million judgment and order requiring it to remove 84 wind turbines from the Osage Nation reservation, arguing that its conclusion of continuing trespass for the retention of backfill rocks is unprecedented and illogical.

  • April 21, 2025

    Justices Nix Appraiser's Petition Seeking Arbitral Immunity

    An insurance appraiser failed Monday to get the U.S. Supreme Court to define what "arbitration" actually means under the Federal Arbitration Act, seeking immunity after a Colorado state jury found he fraudulently inflated a $1.6 million appraisal award against a Travelers unit that was ultimately vacated.

  • April 21, 2025

    Veterans Urge High Court To Ax Time Bar For Compensation

    Veterans challenging an appellate court's ruling that a six-year limit applies to their claims for retroactive combat-related special compensation have told the U.S. Supreme Court that Congress's statute authorizing the compensation displaced preexisting settlement mechanisms and their statute of limitations.

  • April 21, 2025

    DOL Tells 5th Circ. It May Rescind Biden-Era ESG Rule

    The U.S. Department of Labor told the Fifth Circuit on Monday it's considering rescinding a Biden-era rule allowing retirement fiduciaries to consider issues like climate change and social justice when choosing investments, according to filings in a suit challenging the rule from conservative states and energy companies.

  • April 21, 2025

    Pot Company Once Allied With Influencer Wants Rehearing

    A cannabis, spirits and vape company formerly associated with Instagram celebrity Dan Bilzerian is asking the Ninth Circuit for an en banc rehearing of a $1.6 million judgment against it, saying a panel of circuit judges ignored key facts when it found the company liable for breach of contract.

  • April 21, 2025

    NJ Panel Revives Ex-Group Home Worker's Whistleblower Suit

    A New Jersey appeals court reinstated a group home worker's lawsuit alleging she was fired for raising concerns about staffing levels and training, reasoning Monday that she met the pleading standards for the state's whistleblower law.

  • April 21, 2025

    US Asks 4th Circ. To Pause Review Of Corp. Transparency Act

    The U.S. government urged the Fourth Circuit to pause a challenge brought by community associations against an information disclosure law aimed at small businesses, arguing that the U.S. Treasury Department's newly narrowed rules could moot the claims.

  • April 21, 2025

    11th Circ. Suspends Atty For A Year Over Bogus Fee Requests

    The Eleventh Circuit has handed down a one-year suspension to a Maryland attorney for submitting bogus fees applications.

  • April 21, 2025

    Breakaway Firm Tells Ga. High Court To Nix Drew Eckl Dispute

    Burke Moore Law Group LLP asked the Georgia Supreme Court on Monday to reject Drew Eckl & Farnham LLP's bid to review an appellate ruling that allowed Burke Moore to avoid arbitration over fees between Drew Eckl and its partners who previously practiced at the firm.

Expert Analysis

  • Series

    In The CFPB Playbook: A Sprint To The Finish Line

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    The fourth quarter of 2024 was an impressive demonstration of the Consumer Financial Protection Bureau's ability to regulate, enforce and supervise, even on borrowed time following the election results, and we should expect the current bureau to run nonstop until Jan. 20, say attorneys at Covington.

  • Mich. Ruling Offers View On 'Occurrence' Coverage Definition

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    As demonstrated by a Michigan state court in its recent decision finding per-wound insurance coverage for a school shooting, the amount of coverage available under occurrence-based policies often depends on how courts interpret "occurrence," say attorneys at Hunton.

  • Rejoinder Strategy After Allergan Double-Patenting Case

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    A closer look at last year's Allergan v. MSN case at the Federal Circuit highlights the importance of rejoinder during patent prosecution in view of the risks associated with obviousness-type double patenting based on later-filed applications in the same patent family, say attorneys at BCLP.

  • What FARA Enforcement In 2024 Reveals For The Year Ahead

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    A number of developments, from indictments to legislation, shaped the Foreign Agents Registration Act enforcement landscape last year, and following the U.S. Department of Justice's recently released long-awaited proposed amendments to the law, 2025 shows no signs of slowing down, says Tessa Capeloto at Wiley.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • Lessons Learned From 2024's Top FMLA Decisions

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    Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

  • 5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle

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    The Fifth Circuit's recent en banc opinion vacating Nasdaq's board diversity listing rule wades into the hotly debated topic of diversity, equity and inclusion initiatives at a time when many public companies are navigating the attention that DEI commitments are drawing from activists and shareholders, say attorneys at Debevoise.

  • Lessons Learned From 2024's Top ADA Decisions

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    Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • The 6 Most Significant FCRA Litigation Developments Of 2024

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    From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.

  • Fed. Circ. In December: A Patent Prosecution History Lesson

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    Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • The Securities Litigation Trends That Will Matter Most In 2025

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    2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.

  • What To Watch For In The 2025 Benefits Landscape

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    While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.

  • Reviewing 2024's Crucial Patent Law Developments

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    As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.

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