Appellate

  • April 01, 2025

    Judges Say Hurricanes May Justify FERC Pipeline Inaction

    Judges on the D.C. Circuit told environmental groups challenging the construction of a liquefied natural gas pipeline and terminal in Puerto Rico Tuesday that the project was likely necessary to keep the island powered through hurricane season even without a full authorization from the Federal Energy Regulatory Commission.

  • April 01, 2025

    Venezuelans Ask Justices To Keep Block On Removals

    Five detained Venezuelans urged the U.S. Supreme Court on Tuesday to deny President Donald Trump's move to lift a D.C. federal judge's order prohibiting the removal of alleged gang members from the U.S. under the Alien Enemies Act, arguing the president's "staggering" assertion of authority under the wartime law is unsubstantiated.

  • April 01, 2025

    Seattle Schools Must Face Teacher's Retaliation Lawsuit

    A Washington state appeals court breathed new life into a Seattle public schoolteacher's suit claiming she was punished for reporting that elementary school personnel mistreated students of color, faulting a trial court's conclusion that she hadn't done enough to satisfy presuit obligations.

  • April 01, 2025

    Uber Case Shouldn't Head To Pa. Justices, 3rd Circ. Told

    The Third Circuit has already made clear which standard applies to determine whether workers are independent contractors or employees under Pennsylvania law, said the Pennsylvania Chamber of Business and Industry, backing Uber's arguments to not send a misclassification case to the state justices.

  • April 01, 2025

    NC Panel Told To Cut Textron Loose From Plane Crash Case

    Textron Inc. doesn't belong in a products liability suit involving malfunctioning cables that allegedly caused a plane crash, the conglomerate has told the North Carolina Court of Appeals, arguing it doesn't make the cables at issue or do business in the Tar Heel state.

  • April 01, 2025

    Approach The Bench: Judge Tymkovich On New Judgeships

    When Tenth Circuit Judge Timothy Tymkovich testified before Congress recently about the need for more federal judges, it had been about 10 years since he'd made a similar request of Congress, which hasn't expanded the federal bench since 2002.

  • March 31, 2025

    9th Circ. Won't Stay Injunction On Transgender Troop Ban

    A Ninth Circuit panel on Monday denied the federal government's bid for an emergency stay that would have allowed the U.S. Department of Defense to move forward with the Trump administration's ban on transgender military service following a Washington federal judge's decision to block the prohibition last week.

  • March 31, 2025

    Law Firm's Blog Post Unwinds $43M Ill. Injury Retrial Verdict

    An Illinois appellate court wiped out a couple's $43 million jury verdict and ordered a third trial in their injury case Monday, saying the trial judge should have done a better job probing their attorney's highly improper blog and social media posts.

  • March 31, 2025

    Apple Beats Suit From Actor Who Refused COVID Shot

    A California appellate court held Friday that Apple Studios had the right to pull an offer for actor Brent Sexton after he refused to get vaccinated against COVID-19, ruling that a lower court should've thrown out the actor's suit.

  • March 31, 2025

    Trump Admin Asks DC Circ. To Stay 'Lawless' CFPB Injunction

    The Trump administration moved Monday to thwart a Washington, D.C., federal judge's preliminary injunction that bars it from stopping work and firing employees at the Consumer Financial Protection Bureau, asking the D.C. Circuit for an emergency stay.

  • March 31, 2025

    Voting Exec Says Defamation Suit Not Fit For Colo. High Court

    A former Dominion Voting executive urged Colorado's justices not to hear appeals from a conservative broadcaster and radio host in his defamation suit, saying the defendants haven't made any new dismissal arguments and that "this case is not the case" for the high court to resolve disagreements about state anti-SLAPP law.

  • March 31, 2025

    Insurer Off The Hook For Tribe's COVID Casino Shutdown

    Lexington Insurance Co. does not owe a Washington tribe business-loss coverage after COVID-19 forced the shutdown of the tribe's casino, a Washington state appeals court said Monday, ruling that the virus did not cause direct physical loss or damage to tribal properties.

  • March 31, 2025

    Salesforce Gets Judge To Ax Patent Suit Fed. Circ. Revived

    A Nevada federal judge has thrown out a suit accusing Salesforce of infringing patents for database software reprogramming, saying the transfer of the patent rights to the consulting company that sued was voided by an earlier transfer.

  • March 31, 2025

    Sotomayor And Jackson Rue Court's Rejection Of Habeas Case

    Justices Sonia Sotomayor and Ketanji Brown Jackson said Monday the U.S. Supreme Court should resolve a circuit split regarding how many circuit judges' votes are needed to allow a habeas appeal, critiquing the denial of cert to a death row prisoner.

  • March 31, 2025

    9th Circ. Revives Investor Suit Over $8B Avalara Sale

    The Ninth Circuit on Monday partially revived a proposed class action accusing tax software company Avalara Inc. of underselling investors on its future prospects before taking the company private in an $8.4 billion deal.

  • March 31, 2025

    Fed. Circ. Tells PTAB To Look At Samsung Foe's Patents Again

    Samsung convinced the Federal Circuit Monday that administrative patent board judges used an "erroneous" definition of a term used in two gesture-sensing interface patents that the smartphone giant is accused of infringing in litigation in Texas.

  • March 31, 2025

    Del. Legal Overhaul Won't Scuttle Key Rulings, Expert Says

    A longtime expert on Delaware's general corporation law disputed on Monday predictions that a recently signed legislative overhaul will upend dozens of important precedents in the state.

  • March 31, 2025

    Justices Doubtful Of Inmate's Habeas Amendment Petition Bid

    The U.S. Supreme Court on Monday appeared reluctant to make an exception to a federal law preventing incarcerated people from bringing multiple habeas corpus challenges to their convictions by allowing prisoners to amend their initial habeas petitions while they are still pending on appeal.

  • March 31, 2025

    Primerica Can't Force Arbitration In $1.4M Theft Suit

    Primerica cannot force two women who claim they were the victims of theft totaling $1.4 million to go to arbitration because they did not affirmatively sign an account agreement, a New Jersey appellate panel ruled Monday.

  • March 31, 2025

    5th Circ. Judge Criticizes Texas AG's Use Of Document Law

    A Fifth Circuit judge on Monday accused the Texas Attorney General's Office of trying to unfairly "play with litigants" under a statute that allows the office to examine business records.

  • March 31, 2025

    NJ Panel Denies Double Pay For Union In COVID Case

    Members of the Jersey City Public Employees union are not entitled to double pay under the COVID-19 state of emergency declared by Gov. Phil Murphy on March 9, 2020, even though their contract calls for the increased compensation during such designations, a New Jersey appellate panel ruled Monday.

  • March 31, 2025

    JB Hunt Drivers Urge 9th Circ. To Revive Piece-Rate Wage Suit

    Delivery truck drivers urged the Ninth Circuit to revive their wage-and-hour suit alleging J.B. Hunt used a piece-rate formula that did not separately compensate for tasks done off-the-clock, which included fueling trucks or completing paperwork, arguing Monday the company's system ultimately failed to pay drivers for all hours worked. 

  • March 31, 2025

    Ex-MSPB Member Asks Full DC Circ. To Hear Firing Case

    Former Merit Systems Protection Board member Cathy Harris asked the full D.C. Circuit on Monday to hear a case challenging President Donald Trump's decision to fire her and a National Labor Relations Board member, saying the court's "authoritative announcement" would calm uncertainty surrounding the status of independent agencies.

  • March 31, 2025

    Justices Ask US To Respond To IRS Crypto Doc Seizure Case

    The U.S. Supreme Court asked the federal government Monday to weigh in on a cryptocurrency investor's challenge to the IRS' seizure of his account records, a request that followed a spate of support for the investor, including by attorneys general and Elon Musk's X Corp.

  • March 31, 2025

    10th Circ. Hands Server New Trial In Sexual Harassment Case

    The Tenth Circuit granted a former server a new trial Monday on her sexual harassment and retaliation claims against a golf club restaurant, citing "puzzling" jury findings that cleared the restaurant of wrongdoing but awarded the server $125,000 in damages.

Expert Analysis

  • Series

    In The CFPB Playbook: A Sprint To The Finish Line

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

  • The 6 Most Significant FCRA Litigation Developments Of 2024

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    From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.

  • Fed. Circ. In December: A Patent Prosecution History Lesson

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    Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • The Securities Litigation Trends That Will Matter Most In 2025

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    2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.

  • What To Watch For In The 2025 Benefits Landscape

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    While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.

  • Reviewing 2024's Crucial Patent Law Developments

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    As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.

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