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Appellate
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March 06, 2025
Dems Intro Their Own Version Of The JUDGES Act
Top Democrats on the House Judiciary Committee reintroduced a version of the JUDGES Act on Thursday that would not take effect until after the next president is elected, unlike a version from their Republican counterparts that would take effect this year.
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March 05, 2025
SpaceX Fails To Get 5th Circ. To Block NLRB Case
The Fifth Circuit on Wednesday dismissed SpaceX's appellate court bid to stop a National Labor Relations Board administrative proceeding alleging it unlawfully fired employees who criticized company CEO Elon Musk, saying the circuit court lacked jurisdiction since a lower court didn't first deny SpaceX's injunctive relief request.
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March 05, 2025
DC Circ. Lets Trump Remove Watchdog Chief As Feds Appeal
The D.C. Circuit on Wednesday issued a stay that allows President Donald Trump to fire the head of the Office of Special Counsel while the government appeals a district court order that permanently reinstalled the federal employment watchdog.
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March 05, 2025
Fla. Chiropractor Bilked State Farm For $2.7M, 11th Circ. Told
State Farm urged an Eleventh Circuit panel on Wednesday to find that it had shelled out $2.7 million to an unscrupulous Florida chiropractor who paid kickbacks for medically unnecessary claims, arguing that the provider should be held liable for fraud under a theory that he violated a state licensure exemption.
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March 05, 2025
Wash. Justices Won't Take Up Pemco's Fire Coverage Appeal
The Washington Supreme Court won't review a lower court's ruling that Pemco Mutual Insurance Co. must cover a woman's claim for fire damage to her former home after she was assaulted and set ablaze there by her ex-husband.
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March 05, 2025
Fed. Circ. Backs PNC's PTAB Win Over Mobile Banking IP
The Federal Circuit on Wednesday affirmed a win PNC Bank landed at an administrative patent board against a Texas bank that is suing PNC over mobile banking technology.
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March 05, 2025
Baylor Asks Texas Justices To Review $12M Virus Verdict Toss
Baylor College of Medicine asked the Texas Supreme Court to rethink an appellate panel's COVID-19 coverage decision wiping a $12 million jury verdict in its favor, arguing the ruling was based on a 1995 edition of a legal treatise that incorrectly concluded intangible damage isn't covered.
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March 05, 2025
Celltrion Can't Undo Eye Med Biosimilar Injunction On Appeal
The Federal Circuit on Wednesday affirmed a lower court's preliminary injunction barring South Korea-based Celltrion Inc. from launching a biosimilar version of Regeneron's blockbuster eye disease treatment Eylea, rejecting Celltrion's argument that it has shown a patent on the drug may be invalid.
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March 05, 2025
Justices Asked To Recuse Fitbit Judge Over Google Ties
A Silicon Valley-based patent-holding company that lost its infringement case against Fitbit is telling the U.S. Supreme Court that a California federal judge and her husband's financial ties to Fitbit parent Google are so strong that "if these circumstances do not warrant recusal ... then nothing does."
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March 05, 2025
Teva Wants Pause Of Patent Delisting For High Court Appeal
Israeli drugmaker Teva Pharmaceuticals is hoping the Federal Circuit will keep an injunction ordering it to remove its inhaler patents from the U.S. Food and Drug Administration's Orange Book on hold while it appeals the matter to the U.S. Supreme Court.
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March 05, 2025
Feds Urge Justices To Allow Nuke Waste Storage In Texas
The federal government on Wednesday told U.S. Supreme Court justices that the Fifth Circuit wrongly inserted itself into the debate over U.S. nuclear waste policy by nixing federal approval for a temporary storage facility in Texas.
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March 05, 2025
NJ Panel Wrestles With Reviving Lorillard's Tax Refund Claim
New Jersey state appeals court judges grappled Wednesday with whether to revive tax refund claims from Lorillard following a state Tax Court decision that said changes to a royalty addback and deduction rule retroactively fixed constitutional issues with the regulation.
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March 05, 2025
Fed. Circ. Says Marketing Costs Can Permit ITC Patent Suits
The Federal Circuit ruled Wednesday that the U.S. International Trade Commission has wrongly prohibited domestic expenses related to sales, marketing and other activities from allowing companies to pursue ITC patent cases, and revived a suit brought by eyelash extension company Lashify.
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March 05, 2025
Gun Group Urges Full 6th Circ. Take Up Sig Sauer Safety Case
The right to keep and bear arms would be infringed if customers can sue gun manufacturers on a theory that a pistol without an external safety is defectively designed, a gun advocacy group is arguing, urging the full Sixth Circuit to review a product liability lawsuit against Sig Sauer Inc.
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March 05, 2025
Fed. Circ. Keeps Lenovo, Databricks Patent Fights In Texas
The Federal Circuit has turned down efforts by Lenovo and Databricks to ship separate lawsuits they are facing from patent-holding companies out of the Eastern District of Texas.
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March 05, 2025
Native Groups Want Equal Footing In Fed. Appellate Courts
Native American rights' groups are urging a federal appellate judicial rules committee to add federally recognized tribes to a list of entities that do not need a court's approval to file an amicus brief, saying the disparity restricts how and when tribal nations gain a voice in lawsuits that impact them.
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March 05, 2025
Wash. Justices Won't Take Up VW's $4.7M Asbestos Loss
The estate of a mechanic who died of mesothelioma he claimed he contracted from asbestos in Volkswagen AG's brake pads can keep a $4.7 million jury win, after the Washington state's highest court rejected the automaker's bid for review.
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March 05, 2025
CashCall Wants 9th Circ. Redo Of Order To Pay CFPB $134M
CashCall Inc. has asked for a rehearing of its Ninth Circuit loss that kept it on the hook for a $134 million restitution payment to the Consumer Financial Protection Bureau, arguing that when the online lender was fined in 2016, CashCall could not relinquish its "known right" to a jury trial because the right did not exist at the time.
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March 05, 2025
Atty Can Be Retried For 'Disrespecting' Judge, Court Told
Double jeopardy does not apply to summary contempt convictions, the Michigan Supreme Court heard Tuesday, as a Detroit court argued that a criminal defense attorney can be retried on a contempt charge for what a judge described as disrespectful behavior.
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March 05, 2025
Airplane Parts Makers Say Fatal Crash Order Invites 'Chaos'
A pair of airplane parts makers have urged the North Carolina Supreme Court to reverse the dismissal of their appeal in a fatal crash case, arguing that the lower appellate court "usurped" the justices' authority by tossing the appeal despite an active stay order from the high court.
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March 05, 2025
SuperValu Wins FCA Case That Went To High Court
An Illinois federal jury cleared SuperValu of liability Tuesday on whistleblower claims that it billed the government higher-than-customary prices for millions of prescriptions, marking the end to an important test of a 2023 U.S. Supreme Court ruling reviving the case.
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March 05, 2025
Murder Convict's Outbursts At Issue Before Conn. High Court
A trial judge violated due process guarantees by adding criminal contempt sentences to a felony murder convict's prison term because of a series of racial and profane outbursts during a habeas corpus hearing, the convict's appointed counsel told the Connecticut Supreme Court on Wednesday.
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March 05, 2025
Alex Jones Escapes Immediate Sandy Hook Payment Bid
Bankrupt Infowars host Alex Jones has escaped a request to immediately pay more than $1 billion to the families of Sandy Hook Elementary School victims who sued him for defamation, the Connecticut Appellate Court has ruled.
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March 05, 2025
Del. Corporate Law Bill Poses 'Grave Risk,' Plaintiffs' Firms Say
Five of Delaware's most active corporate litigation plaintiffs' firms have branded pending legislation aimed at curbing stockholder suits as a "dangerous and radical" measure that attacks the state's courts and will put Delaware's nationally known incorporation franchise "at grave risk."
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March 05, 2025
Pa. Justices Hint Parents' Liability Waivers Aren't Binding
Pennsylvania law may not allow parents to waive the right to a jury trial on their child's behalf when signing off on things like letting them use a trampoline park, the state Supreme Court suggested during arguments Wednesday.
Expert Analysis
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4 Trade Secret Pointers From 2024's Key IP Law Developments
Four significant 2024 developments in trade secret law yield practical tips about defending trade secrets overseas, proving unjust enrichment claims, forcing compliance with posttrial orders and using restrictive covenants to prevent employee leaks of confidential intellectual property, say attorneys at Faegre Drinker.
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Data Privacy Landscape After Mass. Justices' Wiretap Ruling
In Vita v. New England Baptist Hospital, Massachusetts’ highest court recently ruled that the state’s wiretap law doesn’t prohibit all tracking of website user activity, but major financial and reputational risks remain for businesses that aren't transparent about customer’s web data, says Seth Berman at Nutter.
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Ledbetter's Legacy Shines In 2024 Equal Pay Law Updates
The federal Lilly Ledbetter Fair Pay Act turned 15 this year, and its namesake's legacy is likely to endure in 2025 and beyond, as demonstrated by 2024's state- and local-level progress on pay equity, as well as several rulings from federal appellate courts, say attorneys at Fisher Phillips.
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Opinion
Justices Rightly Corrected Course In Nvidia And Facebook
By dismissing both the Nvidia and Facebook class actions, over investors' ability to hold corporations accountable for fraud, the U.S. Supreme Court was right in refusing to favor corporations over transparency, and reaffirmed its commitment to corporate accountability, investor protection and the rule of law, says Laura Posner at Cohen Milstein.
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Top 10 Whistleblowing And Retaliation Events Of 2024
From a Florida federal court’s ruling that the False Claims Act’s qui tam provision is unconstitutional to a record-breaking number of whistleblower tips filed with the U.S. Commodity Futures Trading Commission, employers saw significant developments in the federal and state whistleblower landscapes this year, say attorneys at Proskauer.
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When US Privilege Law Applies To Docs Made Outside The US
As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.
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How A 9th Circ. Identicality Ruling Could Affect AI Cos.
If the Ninth Circuit agrees to settle a district court split over whether the Digital Millennium Copyright Act requires a copy to be identical to an original to support an actionable claim for removing copyright management information, the decision could have important ramifications for artificial intelligence businesses, says Maria Sinatra at Venable.
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Ring In The New Year With An Updated Employee Handbook
One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.
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What Loper Bright And Trump 2.0 Mean For New Transpo Tech
The U.S. Supreme Court's recent ruling in Loper Bright Enterprises v. Raimondo, combined with the incoming Trump administration's deregulatory agenda, will likely lead to fewer new regulations on emerging transportation technologies like autonomous vehicles — and more careful and protracted drafting of any regulations that are produced, say attorneys at Venable.
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What 2024 Trends In Marketing, Comms Hiring Mean For 2025
The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.
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Alpine Ruling Previews Challenges To FINRA Authority
While the D.C. Circuit's holding that the Financial Industry Regulatory Authority can't expel member firm Alpine prior to U.S. Securities and Exchange Commission review was relatively narrow, it foreshadows possibly broader constitutional challenges to FINRA's enforcement and other nongovernmental disciplinary programs, say attorneys at Stradley Ronon.
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Series
Group Running Makes Me A Better Lawyer
The combination of physical fitness and community connection derived from running with a group of business leaders has, among other things, helped me to stay grounded, improve my communication skills, and develop a deeper empathy for clients and colleagues, says Jessica Shpall Rosen at Greenwald Doherty.
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Can Romania Escape Its Arbitral Award Catch-22?
Following a recent European Union General Court decision, Romania faces an apparent stalemate of conflicting norms as the country owes payment under an International Centre for Settlement of Investment Disputes award, but is prohibited by the European Commission from making that payment, say attorneys at Orrick.
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7th Circ. Ruling Muddies Split On Trade Secret Damages
The Seventh Circuit's recent endorsement in Motorola v. Hytera of a Second Circuit limit on avoided-cost damages under the Defend Trade Secrets Act contradicts even its own precedents, and will further confuse the scope of a developing circuit conflict that the U.S. Supreme Court has already twice declined to resolve, says Jordan Rice at MoloLamken.
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Opinion
6 Changes I Would Make If I Ran A Law School
Reuben Guttman at Guttman Buschner identifies several key issues plaguing law schools and discusses potential solutions, such as opting out of the rankings game and mandating courses in basic writing skills.