Appellate

May 01, 2025
2nd Circ. Won't Revive Privacy Suit Over Video Data Sharing

The Second Circuit on Thursday upheld the toss of a proposed class action accusing digital streaming provider Flipps Media Inc. of unlawfully sharing video-viewing information with Meta Platforms Inc., finding that the disclosed data didn't fall within the scope of the federal Video Privacy Protection Act.
May 01, 2025
Troops Urge High Court To Keep Transgender Ban On Ice

Several transgender service members and recruits told the U.S. Supreme Court on Thursday to reject the Trump administration's bid to lift a federal judge's order prohibiting implementation of the Pentagon's ban on transgender military service, claiming the policy is so deeply rooted in animosity that it won't survive judicial inspection.
May 01, 2025
Worker Can't Ring Own Class's 'Death Knell,' Calif. Panel Says

A former construction company employee can't appeal an order denying his class certification motion in a putative wage and hour class action, a California state appeals court has ruled, finding it does not qualify under the so-called death knell doctrine because Private Attorneys General Act claims remained active when he appealed.
May 01, 2025
DC Circ. Doubts Venezuelan State Oil Co. In Asset Seizure Suit

The D.C. Circuit was having a hard time Thursday with a Venezuelan state-owned oil company's arguments that it should be allowed out of a nearly 14-year-old suit brought by an Oklahoma-based petroleum drilling company that claims its drilling rigs were illegally seized by the state.
May 01, 2025
Unlockd Tells 9th Circ. Google Harms Ad Market Competition

A defunct advertising app that alleged Google's decision to boot it from the Google Play Store harmed market competition for digital advertising asked the Ninth Circuit to reinstate its claims, arguing Wednesday the lower court wrongly concluded that eliminating a "nascent competitor" in a large market didn't rise to antitrust injury.
May 01, 2025
Fla. Condo Wins Noise Dispute With Autistic Man's Family

A Florida appellate panel ruled in favor of a condominium association in a lawsuit over a noise dispute between a family caring for their autistic son and a neighbor, finding no evidence that the family faced discrimination in violation of housing laws.
May 01, 2025
Fla. Panel Reverses Default Judgment In Prized Horses Suit

A Florida appeals court Wednesday reversed a default judgment against a show horse owner in a dispute with investors, ruling that the court jumped the gun on the judgment after learning the owner faked brain cancer treatment to get preferred hearing dates.
May 01, 2025
'Fingers Crossed' At FCC As Court's Subsidy Ruling Closes In

There's plenty of hand-wringing at the Federal Communications Commission as a U.S. Supreme Court decision draws near over the legality of the revenue-raising scheme used to pay for more than $9 billion in broadband and phone service subsidies.
May 01, 2025
NY School District Appeals Mascot Ban While Feds Investigate

A Long Island, New York, school district is appealing a decision that denied its bid to block a ban on the use of Indigenous mascots and names in public schools, while the federal government investigates the state's education department and board of regents alleging Civil Rights Act violations.
May 01, 2025
Fla. Appeals Court Puts Condo Damage Suit To Bed

A Florida state appeals court upheld the dismissal of a condo's Hurricane Irma damage lawsuit against a Florida entity created to handle the claims for insolvent insurers, finding it was time-barred.
May 01, 2025
5 Fed. Circ. Clashes To Watch This Month

The Federal Circuit's argument calendar for May includes appeals of two nine-figure patent verdicts — one against Apple and one against Medtronic — and Roku's bid to revive its remote control patent suit at the U.S. International Trade Commission after a loss tied to the commission's domestic industry requirement.
May 01, 2025
States, Green Groups Look To Vacate NEPA Ruling

States that had asked the Eighth Circuit to revive vacated National Environmental Policy Act regulations are now abandoning their appeal because the White House has eliminated the standards — but they're still asking that a lower court's decision striking down the regulations be overturned.
May 01, 2025
GOP Seeks To Stop 'Frivolous Lawsuits' With Reconciliation

The House Judiciary Committee approved along party lines a proposal they say will prevent "frivolous lawsuits" by barring courts from enforcing contempt citations for failure to comply with injunctions if the plaintiff has not posted a bond for litigation costs.
May 01, 2025
DHS Urges Justices To Let Venezuelan Protections Be Undone

The U.S. Department of Homeland Security turned to the nation's highest court on Thursday, asking the justices to pause a nationwide injunction blocking the agency from undoing the Biden administration's extension of temporary protected status for Venezuela during its appeal.
May 01, 2025
Wash. Justices Take Up Meta's $35M Political Ad Penalty

The Washington State Supreme Court has agreed to review a $35 million judgment for penalties and legal fees against Facebook parent company Meta for repeatedly running afoul of the state's political advertising transparency law.
May 01, 2025
Couple's J&J Pelvic Mesh Claims Too Late, 11th Circ. Affirms

The Eleventh Circuit held Thursday that a couple's lawsuit against Johnson & Johnson over injuries allegedly caused by a pelvic mesh device made by the company's med-tech unit was filed too late despite evidence that the woman's doctors had expressed uncertainty for years about whether the mesh was causing her pain.
May 01, 2025
PepsiCo Owes $2.1M In Tax Penalties, Illinois Panel Affirms

PepsiCo was correctly assessed $2.1 million in penalties for categorizing Frito-Lay expatriates' compensation as foreign payroll that would allow the company's profits to be excluded from state income tax calculations, according to an Illinois Appellate Court panel.
May 01, 2025
3rd Circ. Backs Charter School In Black Worker's Bias Suit

The Third Circuit upheld the dismissal of a Black cafeteria manager's suit claiming she was fired for complaining that her bosses at a charter school system mistreated her due to her race, ruling the suit falls flat because she was employed by an outside food service company.
May 01, 2025
High Court Urged To Skip $272M Hertz 'Solvent Debtor' Appeal

Wells Fargo has urged the U.S. Supreme Court to reject Hertz's appeal of a Third Circuit ruling that the car rental giant owes $272 million in make-whole payments and interest to noteholders following a Chapter 11 case it launched in 2020.
May 01, 2025
PBMs Tell 6th Circ. Ohio's Pricing Case Belongs In Fed Court

Express Scripts and Prime Therapeutics urged the Sixth Circuit to undo a district court order returning a lawsuit from Ohio's attorney general alleging they drove up prescription drug prices to state court, arguing Wednesday an after-the-fact disclaimer of federal program-based claims isn't enough to sever a federal law connection.
May 01, 2025
3rd Circ. Unsure Defunct NJ Law Blocked ICE Detentions

The Third Circuit appeared skeptical of prison operator CoreCivic Inc.'s argument Thursday that a defunct New Jersey law barring detention centers from contracting with U.S. Immigration and Customs Enforcement is unconstitutional, questioning whether the statute actually blocked the federal government from detaining migrants.
May 01, 2025
Uber Needed To Collect Tax Pre-Wayfair, Ga. Panel Affirms

Uber was required to collect and remit millions in sales taxes on behalf of drivers and customers who used its app before the Wayfair decision, a Georgia appellate panel held Thursday, ruling against the ride-hailing company and upholding a trial court decision.
May 01, 2025
US Tells Justices Telemedicine Case Isn't Ideal For Eligibility

The Justice Department is urging the U.S. Supreme Court to reject a petition over the eligibility of telemedicine patents it's accused of infringing, but it said that if the petition is granted, it plans to argue the patents shouldn't have been invalidated as abstract.
May 01, 2025
Colo. Fees Don't Violate TABOR, Appeals Panel Says

The enterprise fees in Colorado's state transportation package passed in 2021 do not violate the state's Taxpayer Bill of Rights, a state appeals court said Thursday, upholding a district court ruling and rejecting a challenge from a conservative group.
May 01, 2025
RI Pot Rules Challenger Says Cause For Ditching Case Is Moot

A Florida entrepreneur challenging Rhode Island's cannabis regulatory scheme said a judge's basis for dismissing the action no longer applies now that the state has published its rules, and has asked the First Circuit to remand the case to district court.

Expert Analysis

Justices Seem Focused On NEPA's Limits In Utah Rail Case

After last month's oral argument at the U.S. Supreme Court in Seven County Infrastructure Coalition v. Eagle County, Colorado, the court appears poised to forcefully reiterate that the National Environmental Policy Act requires federal agencies to review only those environmental impacts within their control, say attorneys at Perkins Coie.
Fed. Circ. Patent Decisions In 2024: An Empirical Review

Despite an ever-increasing backlog of argument-ready cases, the Federal Circuit issued fewer decisions in 2024 than in previous years, and the decisions' overall friendliness toward patent owners and applicants was low, says Dan Bagatell at Perkins Coie.
Series

Exercising On My Peloton Bike Makes Me A Better Lawyer

While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.
5 Drug And Device Developments That Shaped 2024

The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.
Lessons From United's Axed Win In Firing Over Online Pics

In Wawrzenski v. United Airlines, a California state appeals court revived a flight attendant’s suit over her termination for linking photos of herself in uniform to her OnlyFans account, providing a cautionary tale for employers navigating the complexities of workplace policy enforcement in the digital age, say attorneys at ArentFox Schiff.
Reviewing The High Court's Approach To Free Speech Online

As the U.S. Supreme Court began addressing the interplay between the First Amendment and online social media platforms, its three opinions from last term show the justices adopting a nuanced approach that recognizes that private citizens, public employees and online platforms all have First Amendment rights, say attorneys at Jenner & Block.
Series

In The CFPB Playbook: A Sprint To The Finish Line

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

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

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

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

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

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

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

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

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.