Appellate

  • December 02, 2022

    Biden Tells Justices Texas Judge Erred Axing Debt Plan

    The Biden administration on Friday asked the U.S. Supreme Court to stay a Texas federal judge's ruling that struck down his student debt relief plan, arguing that the lower court relied on a claim that wasn't even asserted by the program's challengers.

  • December 02, 2022

    Man's Green Card Bid Again Denied Because Of Wife's Petition

    The Board of Immigration Appeals has again dismissed a Mexican citizen's bid to obtain a green card through his wife, clarifying that his wife's visa petition secured through her father wasn't considered "approvable when filed" since she wasn't single.

  • December 02, 2022

    Fed. Circ. Won't Rethink Axed Stanford Kidney Test Patents

    The Federal Circuit on Friday declined to review en banc a panel's decision that three Stanford University diagnostic patents licensed to a developer of commercial tests for kidney transplant rejections are ineligible for protection.

  • December 02, 2022

    DC Circuit Sends Grid Connection Cost Order Back To FERC

    A D.C. Circuit panel ruled Friday that the Federal Energy Regulatory Commission needs to better explain why it allowed Midwest transmission owners to choose how needed upgrades are funded when new power generation projects connect to the grid.

  • December 02, 2022

    Groups Say Upstream Dams Destroy Ecosystem Of Fla. River

    Environmental groups on Friday challenged the dismissal of a case against the U.S. Army Corps of Engineers over a system of dams controlling the flow of water into Florida's Apalachicola River, saying the agency has a duty to mitigate the impact it's causing to local wildlife and the economy.

  • December 02, 2022

    NY Officials Call DiFiore's Post-Judicial Perks 'Outrageous'

    The chair of the New York State Senate Judiciary Committee said Friday that he would be seeking answers from court officials about why former Chief Judge Janet DiFiore continues to benefit from state-funded chauffeurs and protection after leaving office, perks that several state officials told Law360 were "outrageous."

  • December 02, 2022

    Elizabeth Holmes Appeals Conviction, Sentence To 9th Circ.

    Ex-Theranos CEO Elizabeth Holmes notified a California federal judge Friday that she's appealing her investor fraud conviction and 11-year prison sentence to the Ninth Circuit, sending the closely watched criminal case to the appellate court for review after more than four years before the trial court.

  • December 02, 2022

    9th Circ. Breathes New Life Into Forklift Parade Coverage Suit

    An insurer can't get out of covering a forklift driver accused in a $1 million suit of injuring a bystander during a forklift parade, the Ninth Circuit ruled Friday, finding that a policy's mobile equipment exclusion is ambiguous.

  • December 02, 2022

    Amazon Workers Drop Newly Revived COVID Safety Suit

    Amazon workers in Staten Island voluntarily dropped claims Friday that the e-commerce giant's COVID-19 safety protocols violated state law, less than two months after the Second Circuit reversed their suit's dismissal.

  • December 02, 2022

    Biden Goes Too Far With Debt Plan, 17 States Tell Justices

    A group of 17 states led by Utah and Ohio asked the U.S. Supreme Court to reject the Biden administration's request to lift the Eighth Circuit's nationwide injunction on his student debt relief plan, saying the president can't use his position to sidestep the law to fulfill a campaign promise.

  • December 02, 2022

    Google Takes $4B Android Fine Appeal To EU Top Court

    Google is appealing a European court's decision to uphold a record-breaking antitrust fine over claims the company imposed contractual restrictions on phone manufacturers that rely on its Android mobile phone operating system to cement its dominance over general internet searches.

  • December 02, 2022

    7th Circ. To Decide Which Groups Can Pay Bail In Indiana

    The Bail Project, an organization that bails criminal defendants out of jail for free in 20 states in service of a mission to abolish cash bail, is heading to the Seventh Circuit next week to challenge an Indiana law that it says unfairly restricts its ability to release indigent defendants back to their communities.

  • December 02, 2022

    Jet Spat Could Resolve Choice-Of-Law Qs, High Court Hears

    The U.S. Supreme Court must resolve a split among the Courts of Appeals over how to interpret general choice-of-law provisions in contracts subject to the Federal Arbitration Act after the Eleventh Circuit refused to vacate a $1 million award to Gulfstream Aerospace Corp., an Australian company urged in a recent petition.

  • December 02, 2022

    CVS, Walgreens Take Aim At $650M Opioid Verdict

    Pharmacy giants CVS, Walgreens and Walmart have fought back against a $650 million judgment in litigation over their role in the opioid crisis, arguing in a Thursday appellate brief that the "unprecedented" award wrongly holds the pharmacies responsible for the opioid crisis "writ large."

  • December 02, 2022

    Trump Rape Accuser Urges Court To Affirm Immunity Limits

    A writer suing former President Donald Trump for defamation has asked the D.C. Court of Appeals to reject the former president's bid for immunity in a lawsuit stemming from controversial statements he made denying her rape accusation, arguing the personal motivation behind the statements belies Trump's claim that they were made in the scope of his employment as president.

  • December 02, 2022

    Astros Owner, Comcast Drop Suit Over Broadcast Deal

    The owner of the Houston Astros baseball team has agreed to drop its claims in Texas Supreme Court against broadcasters Comcast and NBCUniversal in a long-running suit over allegations that it was cheated when it bought the organization almost a decade ago.

  • December 02, 2022

    5th Circ. Won't Rehear Texas Billionaire's COVID Hotel Fight

    A Fifth Circuit panel on Friday denied a Texas billionaire's request for a rehearing after it found a county judge did have the authority to place restrictions on hotels in March 2020 at the start of the COVID-19 pandemic.

  • December 02, 2022

    Up Next At High Court: LGBTQ Weddings, Election Law

    The U.S. Supreme Court will round out its November–December arguments with a pair of blockbuster cases concerning the First Amendment rights of religious business owners to turn down same-sex weddings and a novel election law theory that could vastly curtail the power of state courts to review election laws.

  • December 02, 2022

    Patent Biz Continues Fight Over Del. Judge's Funding Probe

    A patent owner has doubled down on its fight against a Delaware federal judge's probe into records about who's funding patent litigation against several media companies, telling the Federal Circuit it never did anything legally wrong.

  • December 02, 2022

    Energy Co. Asks Texas Justices To Undo $13M Royalty Loss

    Samson Exploration urged the Texas Supreme Court to grant its petition for review and reverse a judgment ordering it to pay more than $13 million in contract late fees in an oil and gas lease dispute, saying the justices should rightly align Texas with the majority of states in regard to how interest is imposed.

  • December 02, 2022

    3rd Circ. Nixes Honduran's Asylum Bid Appeal

    In a precedential opinion, the Third Circuit on Friday effectively ended an asylum bid from a Honduran national who twice fled his native country to escape violence by regional gangs and was twice charged with crimes related to domestic disputes in the United States.

  • December 02, 2022

    7th Circ. Wary Of ID Company's Role In Car Rental Dispute

    A Seventh Circuit panel on Friday appeared doubtful that an identity verification company would fall under the arbitration provision of a rental car platform for which it provided services as a third-party beneficiary, questioning why it's not simply an independent contractor engaged in competition at the market price.

  • December 02, 2022

    Biz Chamber Says STEM OPT Has Decades Of Legal Backing

    The U.S. Chamber of Commerce and others defended a program allowing STEM-student visa holders to work in the U.S. after graduation, urging the D.C. Circuit against rethinking a ruling allowing the program, which they say has existed in some form for decades.

  • December 02, 2022

    50 Judges Open Up About Law Clerk Selection And Diversity

    Landing a judicial clerkship can open many doors for recent law school graduates, but a new study based on confidential interviews with 50 federal appeals court judges provides a rare glimpse into how jurists fill those clerkships and why there is a persistent lack of diversity in law clerk hiring.

  • December 02, 2022

    2nd Circ. Backs Atty Sanctions For 'Slanderous Accusations'

    The Second Circuit has ruled that a New York federal court was right to sanction a plaintiff and her attorney for filing dozens of gratuitous motions and accusing the judge and opposing counsel of being a part of a conspiracy.

Expert Analysis

  • Opinion

    Bias Protections At Stake In High Court LGBTQ Wedding Case

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    A U.S. Supreme Court ruling in favor of a web designer who refused to create a wedding website for a same-sex couple in 303 Creative v. Elenis, scheduled for oral arguments Dec. 5, would give a free pass to religious business owners seeking speech-based exemptions from anti-discrimination laws and other protections, say attorneys at Curtis.

  • Safeguarding Attorneys' Greatest Asset: Our Mental Health

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    Attorneys who understand that mental fitness is their most valuable characteristic should prioritize mental health care accordingly, including with certain activities they may not realize qualify as self-care, says Wendy Robbins at Holland & Knight.

  • How 6th Circ. Flint Ruling Adds To 5th Amendment Case Law

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    The Sixth Circuit’s recent decision in Walters v. Snyder, holding that witnesses can testify at deposition but later invoke their right against self-incrimination at trial in the same case, is significant and long overdue in Fifth Amendment jurisprudence — but its practical effect is limited in parallel proceedings, say Ronald Blum and Rebecca Kimmel at Manatt.

  • How The Amgen Case May Affect Patent Owners, Prosecutors

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    Depending on how the U.S. Supreme Court rules in Amgen v. Sanofi, its decision to review the enablement requirement of Section 112 of the Patent Act could result in significant strategic adjustments by patent owners and prosecutors, say attorneys at Troutman Pepper.

  • Opinion

    Benefits Ruling Shows Need For Revised ERISA Procedure

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    The Ninth Circuit's recent ruling in Collier v. Lincoln Life Assurance demonstrates that not only are there no uniform court procedures for Employee Retirement Income Security Act litigation, the Federal Rules of Civil Procedure are not always followed, demanding a reappraisal of ERISA civil procedure, says Mark DeBofsky at DeBofsky Law.

  • 5th Circ. Class Action Rulings Reflect Post-TransUnion Trends

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    In the wake of the U.S. Supreme Court's 2021 TransUnion v. Ramirez decision, Fifth Circuit case trends this year highlight the importance of closely evaluating standing challenges where the injury-in-fact is questionable, even where a statutory violation might exist, say attorneys at K&L Gates.

  • Political Bias Ruling Clarifies NY Law's Worker Protections

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    The Second Circuit recently held in Truitt v. Salisbury Bank and Trust that the bank potentially violated New York’s Labor Law by forcing an employee to choose between his job and engaging in protected political activity, providing helpful guidance on a section of the law that addresses such issues, says Michael Pospis at Pospis Law.

  • The Fed. Circ. In November: The Presumption Of TM Validity

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    The Federal Circuit's recent decision confirming the strength of the presumption of validity of federal trademark registrations in SoClean v. Sunset Healthcare makes clear that the presumption applies with full force, even if the examiner allowed a trademark to issue in error, says Paul Stewart at Knobbe Martens.

  • Pending High Court ICWA Decision Holds Broad Implications

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    Oral argument in Brackeen v. Haaland — a child welfare case currently before the U.S. Supreme Court — has called attention to complex interplay between the case and other tribal and racial issues, indicating that consequences will affect Congress' ability to fulfill its trust obligations to tribes, as well as diversity programs that include Native Americans, say attorneys at Jenner & Block.

  • Bias Suit Ruling Offers Disability Accommodation Guidelines

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    The Eleventh Circuit's recent decision in the bias suit Owens v. Georgia Governor's Office of Student Achievement provides clear guidance on the scope of an employee's obligations when seeking disability accommodation, and points to employer best practices to handle such requests, says Scott Hetrick at Adams and Reese.

  • Opinion

    The Dangers Of The SEC's 'Hotel California' Docket

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    A growing backlog of cases on the U.S. Securities and Exchange Commission's administrative adjudication docket exposes the fallacy that federal agencies' in-house tribunals are worth the systematic deprivation of jury trial rights because their streamlined, efficient processes produce prompt decisions, says Russell Ryan at the New Civil Liberties Alliance.

  • Opinion

    Law Schools Are Right To Steer Clear Of US News Rankings

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    By opting out of participating in the U.S. News & World Report annual rankings, law schools abandon a profoundly flawed system and free up their resources to adapt to the tsunami of changes overtaking the profession, says Nicholas Allard at Jacksonville University College of Law.

  • Lessons From Justices' Evolving Approach To COVID Rulings

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    Akiva Shapiro and William Moccia at Gibson Dunn discuss how the U.S. Supreme Court's approach to COVID-19 cases evolved over the course of the pandemic, and how the progression has affected the court's emergency applications docket and provided guidance for lower courts.

  • Opinion

    Litigation Funders Seek Transparency In Disclosure Debate

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    Litigation funders want to correct the record on calls for funding disclosure in the name of transparency, as this purported justification obscures the disclosure's adverse effects — prejudicing plaintiffs' cases and discouraging the assertion of meritorious legal claims, say Dai Wai Chin Feman and William Weisman at Parabellum Capital.

  • 7 Key Takeaways For Litigating Willful Patent Infringement

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    Brian Nolan and Manuel Velez at Mayer Brown explore the impact of the Federal Circuit's 2021 SRI International v. Cisco Systems decision, and six other areas recent parties have focused on when litigating willful infringement in the latest case law.

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