Appellate

  • October 21, 2024

    NJ Transit Keeps Win In Suit Over Worker Assault

    A New Jersey state appeals court has tossed a lawsuit alleging that New Jersey Transit Rail Operations Inc. failed to prevent a homeless woman from attacking an agency electrician at a subway station, saying there was insufficient evidence the agency violated any standards regarding reasonably safe workplace conditions.

  • October 21, 2024

    NC Justices Revive Challenge To Hospital Competition Law

    The North Carolina Supreme Court has ordered a trial court to reassess an optical surgeon's suit challenging the state's healthcare competition law over claims that the certificate of need statute violates the constitution by blocking him from using his own operating room.

  • October 21, 2024

    9th Circ. Doubts Calif. City Can Sue Over Housing Mandates

    A Ninth Circuit panel expressed skepticism Monday that Huntington Beach, California, has standing to sue the state in federal court over California's housing mandates because it's an autonomous charter city, with one judge saying the city "is not some free floating entity that gets to do whatever it wants."

  • October 21, 2024

    11 House Dems Back DOI In Offshore Lease Challenge

    A coalition of House Democrats are supporting the U.S. Department of the Interior in a petroleum industry challenge to a 2024-2029 offshore oil and gas leasing program, telling the D.C. Circuit the federal government isn't required to "make decisions with blinders on."

  • October 21, 2024

    3rd Circ. Urged To Rethink $60M Moroccan Hotel Award Fight

    An investment group wants the Third Circuit to reconsider its decision reviving a dispute over the enforcement of a $60 million arbitral award favoring the current owner of a luxury hotel in Casablanca, saying the ruling is unprecedented and disregards well-established Delaware law.

  • October 21, 2024

    Colo. Justices Ask City To Explain How Theft Law Is Valid

    The Colorado Supreme Court has ordered a Denver suburb and its municipal court to elucidate why a city ordinance, that imposes harsher petty theft penalties than those under state law, should not have been found unconstitutional or preempted by state statute.

  • October 21, 2024

    Justices Told Newman's Suspension Preventing Fair Hearings

    The owner of a background check patent that was found invalid for claiming only an abstract idea has told the U.S. Supreme Court that it was deprived of a fair hearing at the Federal Circuit due to the suspension of Judge Pauline Newman.

  • October 21, 2024

    6th Circ. Won't Force Arbitration Of Kellogg 401(k) Fee Suit

    The Sixth Circuit on Monday revived a proposed class action against a Kellogg Co. subsidiary alleging mismanagement of an employee 401(k) plan, finding a Michigan federal court wrongly tossed the suit in favor of arbitration in April 2023.

  • October 21, 2024

    Colo. Tenants Facing Eviction Are Entitled To Jury Trials

    The Colorado Supreme Court ruled Monday that tenants in the state have a right to jury trials in eviction actions filed by their landlords if factual disputes exist in the case.

  • October 21, 2024

    1st Astroworld Trial Pushed As Travis Scott Drops Appeal

    Rapper Travis Scott has dropped his bid for settlement information from several Astroworld plaintiffs, telling a Texas appellate court that the first plaintiffs scheduled to have their day in court will no longer be heading to trial this week.

  • October 21, 2024

    DC Circ. Unsure Right Law Used To Challenge Alaska LNG Project

    Two conservation groups faced a skeptical D.C. Circuit panel on Monday in their challenge to the U.S. Department of Energy's reapproval of a $44 billion liquefied natural gas project in Alaska.

  • October 21, 2024

    9th Circ. Probes Bargaining Order Limits In 1st Cemex Review

    In the first court challenge to the National Labor Relations Board's landmark Cemex ruling, the Ninth Circuit grappled Monday with whether the labor board's new standard for issuing bargaining orders complies with a framework the U.S. Supreme Court set out more than 50 years ago.

  • October 21, 2024

    Ga. Justices Told To Reject Election Board's 'Power Grab'

    A former Georgia Republican lawmaker who successfully blocked a slate of controversial new election rules in the Peach State urged the state supreme court Monday not to reimpose the measures just weeks before Election Day while an appeal plays out.

  • October 21, 2024

    2nd Circ. Won't Revive $500M Plunge Suit Against Wells Fargo

    The Second Circuit on Monday refused to revive a proposed class action accusing Wells Fargo of causing a Chicago fund manager to lose at least $500 million by wrongfully forcing the liquidation of its mutual fund and other investments, finding that the district court was correct in dismissing the suit entirely.

  • October 21, 2024

    3M Asks 2nd Circ. To Keep Vermont PFAS Case In Fed Court

    3M Co. is asking the Second Circuit to reverse an order remanding a suit by the state of Vermont over "forever chemical" contamination back to state court, saying that it filed for removal as soon as it learned that the claims involved products from a facility that made products for the military.

  • October 22, 2024

    Post-Dobbs Ballot Questions May Spell Litigation With No End

    A record-setting number of abortion-related constitutional ballot questions this year has unleashed a wave of litigation over reproductive rights in the wake of the U.S. Supreme Court's Dobbs decision. But they may just be the start of the legal battles over the ballot measures.

  • October 22, 2024

    The State Supreme Court Races To Watch In November

    With dozens of states holding elections next month for more than 80 seats on their courts of last resort, a number of races could prove critical for the courts' ideological balances and important cases relating to abortion, voting rights and possibly even the outcome of the presidential election.

  • October 21, 2024

    5th Circ. Asked To Nix Insurer's $2.2M Assault Coverage Win

    A group of Texas trial lawyers urged the Fifth Circuit to reverse a Texas federal court's order permitting a bar's insurer to pay only its $1 million limit for a $3.2 million personal injury judgment, arguing the underlying plaintiffs made a valid presuit settlement demand.

  • October 21, 2024

    9th Circ. Revives Atty's ADA Suit Against Calif. Bar

    The State Bar of California may not have sovereign immunity that would allow it to duck an attorney's federal lawsuit claiming it failed to provide him with adequate disability accommodations during a bar exam amid the height of the COVID-19 pandemic, the Ninth Circuit said Monday.

  • October 21, 2024

    5th Circ. Says Doc's Roundup Cancer Suit Filed Too Late

    The Fifth Circuit won't upend summary judgments in favor of Monsanto Co. in a suit by the family of a doctor who they say died because of his exposure to the weedkiller Roundup, finding that the suit was filed well outside the time limit.

  • October 21, 2024

    Public Can Access Road Used By Thoreau, Mass. Court Says

    The public is still entitled to access portions of an 18th century road in the town of Concord once used by Henry David Thoreau and Ralph Waldo Emerson, a Massachusetts intermediate appellate court determined on Monday.

  • October 21, 2024

    Justices Pass On Cohen Suit Blaming Trump For Prison Stint

    The U.S. Supreme Court declined to take up a case brought against Donald Trump by his former personal attorney Michael Cohen, who claimed that he was vindictively put in prison for writing a memoir that painted the former president in a negative light.

  • October 21, 2024

    High Court Takes Case On Sentencing For Release Infractions

    The U.S. Supreme Court has agreed to address a circuit split over what factors judges can consider when sentencing a person for violating conditions of supervised release, an issue estimated to affect thousands of defendants each year.

  • October 21, 2024

    High Court Won't Revisit New-Deal Removal Ruling Yet

    The U.S. Supreme Court declined Monday to review a case challenging presidential removal protections for commissioners of the Consumer Product Safety Commission, passing up the opportunity to revisit a New Deal-era precedent at the center of the modern regulatory system.

  • October 21, 2024

    High Court Will Review Clean Air Act Jurisdiction Cases

    The U.S. Supreme Court on Monday agreed to review Tenth Circuit and Fifth Circuit rulings that reached different conclusions about whether legal challenges to U.S. Environmental Protection Agency air pollution rules belong in the D.C. Circuit.

Expert Analysis

  • The Fed. Circ. In June: More Liability For Generic-Drug Makers

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    The Federal Circuit’s June ruling in Amarin v. Hikma will likely result in more allegations of induced infringement by generic drugs postapproval, with more of those cases proceeding to at least the summary judgment stage instead of being cut off at the outset, say Jeremiah Helm and Sean Murray at Knobbe Martens.

  • 7th Circ. Ruling Expands CFPB Power In Post-Chevron Era

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    The Seventh Circuit’s recent ruling in Consumer Financial Protection Bureau v. Townstone Financial interprets the Equal Credit Opportunity Act broadly, paving the way for increased CFPB enforcement and hinting at how federal courts may approach statutory interpretation in the post-Chevron world, say attorneys at Saul Ewing.

  • Series

    After Chevron: ERISA Challenges To Watch

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    The end of Chevron deference makes the outcome of Employee Retirement Income Security Act regulatory challenges more uncertain as courts become final arbiters of pending lawsuits about ESG investments, the definition of a fiduciary, unallocated pension forfeitures and discrimination in healthcare plans, says Evelyn Haralampu at Burns & Levinson.

  • Menendez Corruption Ruling Highlights Attorney Proffer Risks

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    The recent admission of slides used in a preindictment presentation as evidence during U.S. Sen. Bob Menendez’s corruption trial highlights the potential pitfalls of using visual aids in attorney proffers, and the increasing importance of making disclaimers regarding information presented at the outset of proffers, say Carrie Cohen and Savanna Leak at MoFo.

  • Opinion

    Expert Witness Standards Must Consider Peer Review Crisis

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    For nearly two decades, the so-called replication crisis has upended how the scientific community views the reliability of peer-reviewed studies, and it’s time for courts to reevaluate whether peer review is a trustworthy proxy for expert witness reliability, say Jeffrey Gross and Robert LaCroix at Reid Collins.

  • Analyzing Advance Notice Bylaws On 'Clear' Or 'Cloudy' Days

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    In Kellner v. AIM ImmunoTech, the Delaware Supreme Court recently clarified the framework for judicial review of advance notice bylaws adopted, amended or enforced on "clear" or "cloudy" days, underscoring the responsibility of boards to ensure that their scope does not overreach or prevent the possibility of a contested election, say attorneys at Venable.

  • 2nd Circ. Ruling May Limit Discovery In Int'l Arbitration

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    The Second Circuit's recent Webuild v. WSP decision, affirming a discovery order's nullification in arbitration between Webuild and the government of Panama, demonstrates courts' unwillingness to find that arbitral tribunals in investor-state cases fall within the scope of the discovery statute, say attorneys at Cleary.

  • Takeaways From High Court's Tribal Health Admin Cost Ruling

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    The U.S. Supreme Court's recent determination that the government must reimburse two Native American tribes for administrative healthcare costs will help tribes maintain equal footing with the Indian Health Service when administering programs, and continues a pattern of how the current court aligns on tribal concerns, say attorneys at Lewis Roca.

  • Justices' Intent Witness Ruling May Be Useful For Defense Bar

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    At first glance, the U.S. Supreme Court’s recent Diaz v. U.S. decision, allowing experts to testify to the mental state of criminal defendants in federal court, gives prosecutors a new tool, but creative white collar defense counsel may be able to use the same tool to their own advantage, say Jack Sharman and Rachel Bragg at Lightfoot Franklin.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

  • High Court's Expert Ruling May Help Health Fraud Defendants

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    The U.S. Supreme Court's decision in Diaz v. U.S. appears to give the government a powerful new tool in calling its own agents as expert witnesses, but it could also benefit defense counsel in criminal healthcare fraud and other white collar criminal cases that arise in complex legal or regulatory environments, say attorneys at Holland & Knight.

  • Patent Lessons From 5 Federal Circuit Reversals In June

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    A look at June cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court highlights a potential path for branded drugmakers to sue generic-drug makers for off-label uses, potential downsides of violating a pretrial order offering testimony, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Jarkesy's Impact On SEC Enforcement Will Be Modest

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    Though the U.S. Supreme Court’s recent U.S. Securities and Exchange Commission v. Jarkesy decision found that fraud defendants have a constitutional right to a jury trial, the ruling will have muted impact on the agency’s enforcement because it’s already bringing most of its cases in federal court, say Jeremiah Williams and Alyssa Fixsen at Ropes & Gray.

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

  • NY Ruling Offers A Foreclosure Road Map For Lenders

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    A New York appellate court recently upheld a summary judgment ruling in favor of a commercial lender's foreclosure in U.S. Bank v. 1226 Evergreen Bapaz, illustrating the proofs lenders will need to prosecute a foreclosure action, especially where the plaintiff is an assignee of the originating lender, say attorneys at Sherman Atlas.

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