Appellate

  • October 06, 2025

    2nd Circ. Declines To Reconsider NFL Arbitration Decision

    The Second Circuit on Monday declined the NFL's request to reconsider its finding that the league offers arbitration "in name only" and that it cannot force fired Miami Dolphins head coach Brian Flores to arbitrate his racial discrimination claims.

  • October 06, 2025

    DC Circ. Grills Feds Over Expedited Removal Procedures

    A D.C. Circuit judge on Monday pressed the government about the procedures in place for ensuring noncitizens who are ineligible for expedited removal aren't deported, noting a dearth of evidence about their sufficiency.

  • October 06, 2025

    Justices Won't Review SC School District's Arbitration Fight

    The U.S. Supreme Court on Monday declined to review a Fourth Circuit decision reviving an insurer's bid for arbitration in a South Carolina school district's suit claiming its former chief financial officer steered unnecessary and expensive insurance contracts in exchange for bribes.

  • October 06, 2025

    Full 11th Circ. Told To Rehear Sentence In Armed Career Case

    The Eleventh Circuit was asked to rehear a decision upholding a 15-year prison sentence for a man who claims an enhancement to a federal firearms conviction violates his rights under the equal protection clause of the Constitution.

  • October 06, 2025

    Justices Won't Hear Challenge To Mich. Claims Court

    The U.S. Supreme Court declined Monday to take up a challenge to the structure of Michigan's trial-level court for claims against the state, which is staffed by judges of the state's intermediate appellate court.

  • October 06, 2025

    6th Circ. Backs Firing Over Graffiti, Rejects Bias Claims

    The Sixth Circuit on Monday upheld the dismissal of a fired delivery driver's claim that his employer used allegations he painted crass graffiti on trusses as a facade to let him go for making a disability claim, finding no strong link between his workers' compensation request and his later termination.

  • October 06, 2025

    Fed. Circ. Vacates J&J's $20M Loss Over Patent Ownership

    The Federal Circuit freed Johnson & Johnson subsidiary DePuy Synthes from a $20 million infringement verdict on Monday, saying the orthopedic surgeon suing it didn't own the asserted knee replacement patents.

  • October 06, 2025

    9th Circ. Says Court Overstepped On Using Fugitive Doctrine

    The Ninth Circuit has given a French father another shot at challenging an active contempt of court warrant arising from a bitter custody battle in Oregon, ruling that despite being a fugitive in the U.S., he still has standing to sue his ex-wife for custody of their children.

  • October 06, 2025

    Supreme Court Isn't Pausing Google Play Store Order

    The U.S. Supreme Court refused on Monday to pause a sweeping injunction requiring Google to change its app store policies in a case being brought by Epic Games Inc., after the tech giant argued that the changes threaten the security and privacy of Android users.

  • October 06, 2025

    Supreme Court Won't Look At FTC's Telemarketing Rule

    The U.S. Supreme Court on Monday declined to hear a challenge to the way the Federal Communications Commission defines an outbound sales call, denying a certiorari petition from two sales companies challenging their liability for dialing numbers on the Do Not Call Registry because they weren't selling anything.

  • October 06, 2025

    Womble Bond Atty Tells 4th Circ. He Didn't Mislead Dutch Court

    There's no evidence that Womble Bond Dickinson partner Pressly Millen misled a Dutch court or violated a federal judge's correction order in a $28 million trademark dispute, Millen has told the Fourth Circuit in a bid to reverse a contempt order against him.

  • October 06, 2025

    Justices Nix Petition Over Due Process In Arbitration

    The U.S. Supreme Court on Monday turned away a petition challenging a Florida appellate court decision that vacated a $1.5 million legal malpractice arbitration award against a company's former attorneys, Miami-based personal injury firm Ferraro Law Firm PA.

  • October 06, 2025

    Justices Deny Cert. In Uber Wrongful Death, Sex Assault Suits

    The U.S. Supreme Court Monday denied Uber's petition for review of two Ninth Circuit rulings holding it had a duty of care, one in a wrongful death case brought by a murdered driver's family and the other from a woman who was sexually assaulted by a suspended driver.

  • October 06, 2025

    Fed. Circ. Partially Revives German Steel Co.'s Dumping Suit

    The U.S. Commerce Department cannot use a German steelmaker's likely sales prices as a proxy for the cost of producing nonprime steel plates, but the company acted too late to argue for categorizing some plates separately as it challenges Commerce's antidumping investigation, the Federal Circuit said Monday.

  • October 06, 2025

    High Court Won't Take Up Md. Retirees' Drug Benefits Suit

    The U.S. Supreme Court on Monday refused to review a Fourth Circuit decision concluding that Maryland wasn't contractually bound to provide benefits to employees upon retirement, turning away a case that challenged the state's transition of retirees' prescription drug benefits from a state subsidy to Medicare.

  • 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.

Expert Analysis

  • Series

    Performing As A Clown Makes Me A Better Lawyer

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    To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.

  • 9th Circ. Ruling Is Turning Point For Private Funds In 401(k)s

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    The Ninth Circuit's decision in Anderson v. Intel reinforces that the Employee Retirement Income Security Act's duty of prudence permits fiduciaries to use private market assets in diversified funds, yet it also exposes the persistent litigation and regulatory uncertainties that continue to temper wider adoption in 401(k) plans, say attorneys at Debevoise.

  • Perspectives

    Justices' Sentencing Ruling Is More Of A Ripple Than A Wave

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    The U.S. Supreme Court’s decision last week in Esteras v. U.S., limiting the factors that lower courts may consider in imposing prison sentences for supervised release violations, is symbolically important, but its real-world impact will likely be muted for several reasons, say attorneys at Perkins Coie.

  • DOJ Atty Firing Highlights Tension Between 2 Ethical Duties

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    The U.S. Department of Justice's recent firing of a prosecutor-turned-whistleblower involved in the Abrego Garcia v. Noem case illustrates the tricky balancing act between zealous client advocacy and a lawyer’s duty of candor to the court, which many clients fail to appreciate, says David Atkins at Yale Law School.

  • Series

    Law School's Missed Lessons: Rejecting Biz Dev Myths

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    Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.

  • Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs

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    In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.

  • Shareholder Takeaways From NY Internal Affairs Doctrine Suit

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    A May New York Court of Appeals decision in Ezrasons v. Rudd involving Barclays — affirming the state's "firmly entrenched" internal affairs doctrine — is a win for all corporate stakeholders seeking stability in resolving disputes between shareholders and directors and officers, say attorneys at Sadis & Goldberg.

  • Move Beyond Surface-Level Edits To Master Legal Writing

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    Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.

  • 3 Rulings May Reveal Next Frontier Of Gov't Contract Cases

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    Several U.S. Supreme Court decisions over the past year — involving wire fraud, gratuities and obstruction — offer wide-ranging and arguably conflicting takeaways for government contractors that are especially relevant given the Trump administration’s focus on diversity, equity and inclusion initiatives, say attorneys at Rogers Joseph.

  • NCAA Settlement Kicks Off New Era For Student-Athlete NIL

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    A landmark settlement stemming from 15 years of litigation between schools and the NCAA reflects a major development in college athletics by securing compensation for usage of student-athletes' names, images and likenesses, and schools hoping to take advantage of new opportunities should take proactive steps to comply with new rules, say attorneys at Manatt.

  • 7th Circ. Insurance Ruling Resolves Major Jurisdictional Issue

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    The Seventh Circuit recently confirmed in StarStone Insurance v. Chicago that attorney fees and costs paid as part of a settlement are covered — while unexpectedly raising and answering a question of first impression about federal jurisdiction over foreign entities, says Lara Langeneckert at Barnes & Thornburg.

  • DOJ May Rethink Banning Firearms For Marijuana Users

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    In light of various federal circuit court decisions and an executive order from President Donald Trump, U.S. Department of Justice enforcement policy now may be on the verge of changing decidedly in favor of marijuana users' gun rights, and could foreshadow additional marijuana-friendly reforms, says Jacob Raver at Dentons.

  • 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.

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