Appellate

  • November 12, 2024

    Wireless Group Backs Verizon In Fight Over FCC Privacy Fine

    A major wireless industry group has urged the Second Circuit to deep-six the Federal Communications Commission's nearly $47 million fine against Verizon for selling customers' location data, arguing the FCC read its authority to penalize the mobile giant too broadly.

  • November 12, 2024

    Trump Taps Ex-Jones Day Partner For White House Counsel

    President-elect Donald Trump on Tuesday announced that William J. McGinley, a former Jones Day partner who worked as assistant to both the president and Cabinet secretary during Trump's first term, will serve as White House counsel during the upcoming term.

  • November 12, 2024

    Shuttered NHL Talent Rep Appeals Asset Freeze To 1st Circ.

    The owner of a now-defunct talent agency that represented professional hockey players is asking the First Circuit to overturn a ruling that froze his assets while a suit from a rival Finland-based management company proceeds in Massachusetts federal court.

  • November 12, 2024

    Colo. Justices Pass On School ADA Fight Over Veteran's Dog

    The Colorado Supreme Court on Tuesday denied a bid by a state university to review an appellate finding that the school may have pried too deeply with its inquiries into a veteran's service dog and relied on an outdated rationale for seeking additional info.

  • November 12, 2024

    Appendicitis Med Mal Suit Tossed For Faulty Expert Report

    A Massachusetts appeals court on Tuesday affirmed the dismissal of a woman's suit against Beth Israel Deaconess Hospital–Milton Inc. and doctors who practiced there over her late appendicitis diagnosis, saying a medical malpractice tribune was right to find her offer of proof lacking.

  • November 12, 2024

    HIV Drug Buyers Want Gilead Product Switch Claims Revived

    Insurers and benefit plans are asking the Ninth Circuit to revive a chunk of their antitrust case against Gilead, arguing their claims that Gilead delayed generic competition to its HIV drugs by monopolizing the market should have new life.

  • November 12, 2024

    SEC Quietly Shelves Private Fund Rules After 5th Circ. Loss

    The U.S. Securities and Exchange Commission has formally withdrawn rules that would have increased agency oversight of hedge funds and private equity funds after declining to appeal a Fifth Circuit decision that vacated the rules, which would have required fund advisers to disclose detailed information about their operations.

  • November 12, 2024

    Split DC Circ. Says White House Can't Issue NEPA Regs

    A divided D.C. Circuit determined Tuesday that the White House Council on Environmental Quality lacks the authority to issue legally binding regulations implementing the National Environmental Policy Act, finding there is no statutory language showing Congress empowered it to do so.

  • November 12, 2024

    Mich. High Court Snapshot: 3M's PFAS Fight, Detroit Fire Fees

    The Michigan Supreme Court returns to the bench Wednesday in a packed oral argument sitting, including a major case on the viability of state PFAS regulations in a challenge brought by 3M Co.

  • November 12, 2024

    Foley & Lardner Must Face Hacking Cross-Suit, Tech Co. Says

    Accellion Inc.'s counsel urged a California appellate panel Tuesday to revive its cross-claims against Foley & Lardner LLP in an insurance company's lawsuit alleging that the software-maker should be held liable for a $1 million ransomware attack that targeted the law firm, arguing that Accellion timely identified the firm as a cross-defendant.

  • November 12, 2024

    Web App Antitrust Suit Backed By Epic-Apple, 9th Circ. Told

    A proposed class of iPhone buyers urged the Ninth Circuit on Friday to revive their antitrust claims over Apple's barriers against advanced web-based apps, saying a California federal judge's dismissal order directly contradicts binding precedent from Epic Games' landmark monopoly suit against the tech giant.

  • November 12, 2024

    5th Circ. Backs Dismissal Of Black Tech's Race Bias Suit

    The Fifth Circuit rejected a Black worker's bid to revive his suit claiming his pay was cut by a construction and maintenance services company because of his race, ruling his case is devoid of detail that would allow a court to find that bias plagued his employment.

  • November 12, 2024

    Gorsuch Says Feds Fleeing Regs Like Vampire Facing Garlic

    U.S. Supreme Court justices on Tuesday rapped the Biden administration's inflexibility on a 60-day deadline for individuals on a self-deportation order, with Justice Neil Gorsuch saying the government is trying to ditch its own regulations like a vampire escaping garlic.

  • November 12, 2024

    3rd Circ. Won't Revive Port Authority Worker's Race Bias Suit

    The Third Circuit won't revive a Black woman's suit claiming the Port Authority of New York and New Jersey didn't promote her because of her race and her complaints about discrimination, ruling that the bistate agency had legitimate, nondiscriminatory reasons for not promoting her.

  • November 12, 2024

    6th Circ. Must Revive Pension Data Suit, Kellogg Retirees Say

    A group of married Kellogg retirees asked the Sixth Circuit to revive claims that they received less value for their money than single retirees when collecting pensions, saying Kellogg uses outdated data when converting pensions from single-life annuity form.

  • November 12, 2024

    Kentucky Plunges Into 2nd Challenge To Waters Of US Rule

    Kentucky has refiled its lawsuit challenging the U.S. Environmental Protection Agency's rule defining the scope of the federal government's jurisdiction under the Clean Water Act, after the Sixth Circuit found that a federal district judge improperly dismissed the case.

  • November 12, 2024

    2nd Circ. Wary Of Ex-Yale Student's Bid For Asylum Evidence

    A Second Circuit panel on Tuesday seemed skeptical of an emergency bid by an acquitted onetime Yale University student to transmit a trial transcript containing his sexual assault accuser's name to immigration authorities despite a magistrate judge's ban on revealing the woman's identity, hinting that more litigation might be necessary.

  • November 12, 2024

    9th Circ. Affirms Insurer's Win In Invalid Exclusion Dispute

    Injured third-party claimants seeking coverage for an auto collision under an auto repair company's commercial auto policy are entitled only to minimum limits required under Oregon's Financial Responsibility Laws, the Ninth Circuit has affirmed, rejecting the claimants' argument that the company's $2-million-per-occurrence limit applies instead.

  • November 12, 2024

    NLRB Constitutionality Arguments Meet Skeptical 2nd Circ.

    The Second Circuit was skeptical Tuesday of a nursing home's arguments that a National Labor Relations Board case against it should be blocked because of constitutional issues with the agency's judges, with an appellate panel questioning whether the company showed it is harmed by the alleged defects.

  • November 12, 2024

    Crime Of Inaction Leaves Justices Mulling Legal 'Absurdities'

    The U.S. Supreme Court grappled Tuesday with whether an alleged mobster can be guilty of a murder-for-hire scheme if he did not physically participate in the botched hit job, with one justice remarking that both parties' interpretations of a "violent" crime of inaction could produce absurd results.

  • November 12, 2024

    Palin, NYT Set For April Retrial In Defamation Case

    Sarah Palin's retrial against The New York Times over defamation claims will start April 14, a New York federal judge ruled Tuesday after calling the parties' requests for a July date "out of the question."

  • November 12, 2024

    Ohio Judge Reverses Senior Status Plans Post-Election

    Following last week's election, a federal judge for the Southern District of Ohio has reversed his decision to take semi-retired status, leaving President-elect Donald Trump with one fewer judicial vacancy to fill. 

  • November 12, 2024

    10th Circ. Backs Arbitration Denial In Distributor's OT Suit

    The Tenth Circuit declined Tuesday to disturb a ruling that a baking company can't boot to arbitration a distributor's lawsuit alleging he was denied overtime pay, finding the worker is exempt from arbitration because he's engaged in interstate commerce even though he doesn't cross state lines.

  • November 12, 2024

    Justice Alito Calls Bid To Unfreeze Spousal Parole Rule Moot

    Justice Samuel Alito denied as moot Tuesday an immigrant rights group's bid to withdraw a Texas court order freezing a new program that would have allowed certain noncitizen spouses and stepchildren of U.S. citizens to stay in the United States while applying for legal status.

  • November 12, 2024

    Fed. Circ. Won't Revive Billable Hours Patent Against RELX

    The Federal Circuit won't undo a New York federal judge's finding that a Realtime Tracker Inc. patent for tracking billable hours was invalid as an abstract idea, backing a win for LexisNexis parent company RELX.

Expert Analysis

  • 5 Tips To Succeed In A Master Of Laws Program And Beyond

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    As lawyers and recent law school graduates begin their Master of Laws coursework across the country, they should keep a few pointers in mind to get the most out of their programs and kick-start successful careers in their practice areas, says Kelley Miller at Reed Smith.

  • Series

    After Chevron: SEC Climate And ESG Rules Likely Doomed

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    Under the U.S. Supreme Court's recent decision in Loper Bright, without agency deference, the U.S. Securities and Exchange Commission's climate disclosure and environmental, social and governance rules would likely be found lacking in statutory support and vacated by the courts, says Justin Chretien at Carlton Fields.

  • Assessing Whether Jarkesy May Limit FINRA Prosecutions

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    The U.S. Supreme Court’s recent decision in Jarkesy v. U.S. Securities and Exchange Commission, holding that civil securities fraud defendants are entitled to jury trials, may cause unpredictable results when applied to Financial Industry Regulatory Authority prosecutions, say Barry Temkin and Kate DiGeronimo at Mound Cotton.

  • The Bank Preemption Ripple Effects After Cantero, Flagstar

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    The importance of federal preemption for financial institutions will only increase as technology-driven innovations evolve, which is why the U.S. Supreme Court's recent decision in Cantero v. Bank of America and vacatur of Kivett v. Flagstar Bank have real modern-day significance for national banks, say attorneys at WilmerHale.

  • IP Hot Topic: The Intersection Of Trademark And Antitrust Law

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    Antitrust claims – like those in the U.S. Department of Justice’s recent case against Apple – are increasingly influencing trademark disputes and enforcement practices, demonstrating how antitrust law can dilute the power of a trademark, say attorneys at Dentons.

  • Series

    Being An Opera Singer Made Me A Better Lawyer

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    My journey from the stage to the courtroom has shown that the skills I honed as an opera singer – punctuality, memorization, creativity and more – have all played a vital role in my success as an attorney, says Gerard D'Emilio at GableGotwals.

  • How Law Firms Can Avoid 'Collaboration Drag'

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    Law firm decision making can be stifled by “collaboration drag” — characterized by too many pointless meetings, too much peer feedback and too little dissent — but a few strategies can help stakeholders improve decision-making processes and build consensus, says Steve Groom at Miles Mediation.

  • Election Outlook: A Precedent Primer On Content Moderation

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    With the 2024 election season now in full swing, online platforms will face difficult and politically sensitive decisions about content moderation, but U.S. Supreme Court decisions from last term offer much-needed certainty about their rights, say Jonathan Blavin and Helen White at Munger Tolles.

  • When The Supreme Court Gives You Lemons, Make Lemonade

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    Instead of grousing about the U.S. Supreme Court’s recent decisions overturning long-standing precedents, attorneys should look to history for examples of how enterprising legal minds molded difficult decisions to their advantage, and figure out how to work with the cards they’ve been dealt, says Reuben Guttman at Guttman Buschner.

  • Philly Project Case Renews Ongoing Fraud Theory Tug-Of-War

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    In its upcoming term, the U.S. Supreme Court will hear Kousisis v. U.S., a case involving wire fraud convictions related to Philadelphia bridge repair projects, and may once again further rein in prosecutorial attempts to expand theories of fraud beyond core traditional property rights, say Jonathan Halpern and Kyra Rosenzweig at Holland & Knight.

  • How Anti-DEI Bill Could Affect Employers' Diversity Efforts

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    Sen. J.D. Vance's recently introduced Dismantle DEI Act would substantially limit employers’ ability to implement and promote workplace diversity, equity and inclusion, but there are still steps employers can take to support a diverse workforce, says Peter Ennis at Cozen O’Connor.

  • Fed. Circ. Resolves Post-AIA Question On Prefiling Activity

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    For more than a decade, patent attorneys have worried about what the America Invents Act means for specific prefiling activities, but two recent Federal Circuit decisions suggest the enumerated prefiling activities in Section 102(a)(1) will not affect validity if done within a year of filing the application, says Howard Skaist at Berkeley Law.

  • Opinion

    Litigation Funding Disclosure Key To Open, Impartial Process

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    Blanket investor and funding agreement disclosures should be required in all civil cases where the investor has a financial interest in the outcome in order to address issues ranging from potential conflicts of interest to national security concerns, says Bob Goodlatte, former U.S. House Representative for Virginia.

  • Series

    After Chevron: What To Expect In Consumer Protection At FTC

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    Although the Federal Trade Commission's bread-and-butter consumer protection law enforcement actions are unlikely to be affected, the Loper Bright decision may curb the FTC's bolder interpretations of the statutes it enforces, says Mary Engle at BBB National Programs.

  • Fed. Circ. Patent Ruling Clarifies Section 101 Procedures

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    The Federal Circuit’s recent ruling in Mobile Acuity v. Blippar affirming a dismissal at the pleading stage illustrates important considerations and potential pitfalls for both filing and opposing a Section 101 motion to dismiss, say Thomas Sprankling and Vikram Iyer at WilmerHale.

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