Appellate

  • March 10, 2025

    2nd Circ. Won't Free Ex-JPMorgan Banker From Industry Ban

    The Second Circuit on Monday upheld a lifetime investment advising ban against a former JPMorgan Chase & Co. and Perella Weinberg Partners investment banker convicted of insider trading, saying that the U.S. Securities and Exchange Commission presented substantial evidence demonstrating that the ban was appropriate.

  • March 10, 2025

    Ex-Package Co. Worker Wants 6th Circ. Redo In ADA Suit

    A former mill utility worker is urging the Sixth Circuit to rehear his suit claiming a packaging manufacturer wouldn't let him return to work because he asked for a medical accommodation, arguing an appellate panel's ruling ignored key evidence at trial, including that he could have worked in a lighter-duty role.

  • March 10, 2025

    Tribe Says BNSF Can't Derail $400M Trespass Judgment

    A Washington tribe is urging the Ninth Circuit to uphold a lower court's finding that BNSF Railway Co. must pay nearly $400 million for years of illegally running oil cars across tribal territory, saying the railroad's claim that it strips away lawfully earned profits "makes little sense."

  • March 10, 2025

    GOP Sens. Escalate Fight With ABA Over 'Leftist' Statements

    A group of Senate Republicans are once again going after the American Bar Association, which they claim has become a "leftist" organization, and announced Monday they will disregard ABA ratings on judicial nominees and encouraged the Trump administration and their colleagues to do the same.

  • March 10, 2025

    Trump Asks For Stay Of NLRB Member's Reinstatement

    The Trump administration asked the D.C. Circuit on Monday to stay a federal judge's order reinstating fired National Labor Relations Board member Gwynne Wilcox, saying the order steps on the president's authority to control the workings of the executive branch.

  • March 10, 2025

    Ariz. Power Co. Asks Justices To Review Tax On Tribal Plant

    An energy company asked the U.S. Supreme Court to review Arizona court decisions that said a power plant it owns on tribal land is subject to property taxes, arguing that privately owned improvements located on Native American reservations are exempt from state and local taxes.

  • March 10, 2025

    Split 5th Circ. Vacates Death Sentence Over Brady Violations

    A split Fifth Circuit has reversed and vacated a Texas woman's murder conviction and death sentence after 27 years, having determined that prosecutors failed to properly disclose evidence in accordance with U.S. Supreme Court precedent, and remanded the case to Amarillo, Texas, federal court.

  • March 10, 2025

    Sig Sauer To Appeal $2.3M Accidental Fire Verdict

    Sig Sauer said Monday that it plans to appeal a $2.35 million verdict it lost to a Georgia man who claimed that a defect in its popular P320 pistol caused him to accidentally shoot himself after a federal judge declined the company's bid for a new trial.

  • March 10, 2025

    Treasury's CTA Halt Doesn't Justify Block, Feds Tell 5th Circ.

    The U.S. Treasury Department halting enforcement of the Corporate Transparency Act on domestic entities doesn't add justification to a nationwide block on the law because it's a valid exercise of Congress' powers to regulate commerce, taxes, foreign affairs and national security, the U.S. government told the Fifth Circuit.

  • March 10, 2025

    11th Circ. Affirms FCC Ownership Ruling, But Scraps Penalty

    The Eleventh Circuit upheld a Federal Communications Commission finding that Gray Television broke ownership consolidation rules when it bought a CBS affiliate in Anchorage, Alaska, but vacated a $518,283 penalty against the broadcast company, saying the agency failed to serve Gray proper notice on an "egregiousness" finding.

  • March 10, 2025

    4th Circ. Reverses $10M Coverage Cap For Aluminum Co.

    The Fourth Circuit on Monday reversed a lower court's ruling capping an aluminum supplier's total recovery for losses related to a fire at $10 million, saying a molten material endorsement in the company's all-risk policies is ambiguous.

  • March 10, 2025

    Colo. Proposal Seeks Taxpayer Votes On New State Fees

    Colorado voters could decide whether to require future votes to approve new state fees and other charges to fund major state enterprises under a pair of proposed initiatives with titles approved by a state board.

  • March 10, 2025

    Trump Tells 9th Circ. To Undo Birthright Citizenship Injunction

    President Donald Trump urged the Ninth Circuit to undo a Washington federal court's injunction on his executive order limiting birthright citizenship, saying children born to noncitizens in the United States do not fall within the Fourteenth Amendment's Citizenship Clause.

  • March 10, 2025

    Fed. Circ. Skeptical Of USPTO's Refusal To Register F-Word TM

    A Federal Circuit panel appeared skeptical of the U.S. Patent and Trademark Office's reasoning for rejecting an application to register the F-word as a mark because of its widespread use, with one judge telling the government's attorney a couple of times during arguments Monday, "I don't understand what you're saying."

  • March 10, 2025

    High Court Will Review Colo.'s Conversion Therapy Ban

    The U.S. Supreme Court announced Monday that it will review a challenge to Colorado's ban on licensed therapists providing conversion therapy to transgender minors, in a case that asks whether the state's law is a permissible regulation of professional conduct or an unconstitutional restriction of speech.

  • March 10, 2025

    Colo. Justices To Weigh Attys' Duties When Borrowing Claims

    Colorado justices will consider if and when attorneys can borrow claims from other lawsuits and still satisfy their personal duty to conduct a "reasonable inquiry" under professional rules, according to an order on Monday agreeing to hear a telecommunications company's challenge to a stockholder suit.

  • March 10, 2025

    Colo. Court Affirms Property Tax Valuation For Partial Build

    A partly built commercial building in Colorado was properly valued by a county board of equalization, as the state doesn't have an exemption for partial builds, a state appeals court ruled.

  • March 10, 2025

    Fed. Circ. Won't Pause Teva Patent Delisting For Appeal

    The Federal Circuit denied on Friday Israeli drugmaker Teva Pharmaceuticals' bid to keep an injunction ordering it to remove its inhaler patents from the U.S. Food and Drug Administration's Orange Book on hold pending its appeal of the matter to the U.S. Supreme Court.

  • March 10, 2025

    Justices To Weigh If Del. Expert Law Applies In Federal Court

    The U.S. Supreme Court on Monday agreed to review whether federal courts must apply a Delaware state law requiring an expert affidavit for all medical malpractice complaints.

  • March 10, 2025

    Justices Reject Red-State Bid To End State Climate Torts

    The U.S. Supreme Court on Monday refused to consider a request from red states to stop climate change torts against fossil fuel companies brought by blue-state governments.

  • March 10, 2025

    High Court Turns Down Firefighter's Religious Bias Case

    The U.S. Supreme Court declined Monday to hear a religious discrimination case from a Christian fire chief who said he was fired for his beliefs, leaving in place a Ninth Circuit decision that sided with the city that employed him as well as a long-standing legal framework that the justices had been asked to reconsider.

  • March 10, 2025

    High Court Skips Florida Brokerage's Copyright Fee Appeal

    The U.S. Supreme Court on Monday declined to review a Florida real estate brokerage firm's challenge to lower court decisions denying it attorney fees when another company accusing it of copyright infringement voluntarily dropped the case.

  • March 10, 2025

    Supreme Court Won't Review FLSA Overtime Exemption

    The U.S. Supreme Court declined on Monday to consider whether an employer's line of business, rather than a worker's job duties, determines if an employee is exempt from overtime under the Fair Labor Standards Act.

  • March 10, 2025

    Supreme Court Vacates Ruling On Nazi-Looted Art Dispute

    The U.S. Supreme Court on Monday vacated a unanimous Ninth Circuit decision holding that a Spanish museum is not obligated to return a painting that was stolen from a Jewish family by the Nazis, months after California changed its law in response to the dispute.

  • March 07, 2025

    9th Circ. Open To Reviving Monsanto Expiration Label Fight

    A Ninth Circuit panel appeared open Friday to reviving a proposed class action over expiration dates on Monsanto's Roundup pesticides, but two judges were skeptical of claims against a distributor, which the distributor's counsel argued could open the floodgates of litigation.

Expert Analysis

  • Series

    Adventure Photography Makes Me A Better Lawyer

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    Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.

  • Fed. Circ. Inherency Ruling Refines Obviousness Framework

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    The Federal Circuit's December decision in Cytiva v. JSR has definitively eliminated the requirement of "reasonable expectation of success" analysis for inherent properties in obviousness determinations, while providing some key clarifications for patent practitioners, says Lawrence Kass at Steptoe.

  • Opinion

    Commercial Tree Thinning Should Be Part of Wildfire Control

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    The devastating wildfires currently afflicting California make it clear that the U.S. Forest Service should step up its use of methods including commercial tree removal to lower fire risk — but litigation that drags on for years stymies many of these efforts and endangers the public, says Jeffrey Beelaert at Givens Pursley.

  • The 5 Most Important Bid Protest Decisions Of 2024

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    The U.S. Court of Appeals for the Federal Circuit, the Court of Federal Claims and the Government Accountability Office issued five noteworthy bid protest decisions in 2024 that will likely have a continuing impact on questions concerning standing, timeliness, corporate transactions and more, say attorneys at Bradley Arant.

  • High Court Could Further Limit Deference With TCPA Fax Case

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    The Supreme Court's decision to hear McLaughlin Chiropractic Associates v. McKesson, a case involving alleged junk faxes that centers whether district courts are bound by Federal Communications Commission rules, offers the court a chance to possibly further limit the judicial deference afforded to federal agency interpretations of statutes, says Samantha Duke at Rumberger Kirk.

  • Future Of Crypto-Asset Classification Is In 2nd Circ.'s Hands

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    A definitive ruling from the Second Circuit in a rare interlocutory appeal in the U.S. Securities and Exchange Commission's ongoing court battle with Coinbase could finally establish clear guidelines on the classification of digital assets, influencing how they are regulated and traded in the U.S., say attorneys at Manatt.

  • 5 Ways To Create Effective Mock Assignments For Associates

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    In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.

  • More Environmental Claims, More Greenwashing Challenges

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    As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.

  • Calif. Cannabis Decision Deepens Commerce Clause Divide

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    In Peridot Tree v. Sacramento, the Eastern District of California joined a growing minority of courts that have found the dormant commerce clause inapplicable to state-regulated marijuana, and the Ninth Circuit will soon provide important guidance on this issue, say attorneys at Perkins Coie.

  • 4 Employment Law Areas Set To Change Under Trump

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    President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.

  • A Defendant's Guide To 4 Common CFPB Discovery Tactics

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    With the Consumer Financial Protection Bureau's recent flurry of new lawsuits showing no signs of stopping, defendants should know the bureau's most relied-upon discovery strategies — and be prepared to resist them, say attorneys at Goodwin.

  • What Employment Bias Litigation Looks Like After Muldrow

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    Nine months after the U.S. Supreme Court created an undemanding standard for discrimination claims in Muldrow v. St. Louis, Eric Schnapper at the University of Washington discusses how the Title VII litigation landscape has changed and what to expect moving forward.

  • The 7th Circ.'s Top 10 Civil Opinions Of 2024

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    Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.

  • Royal Canin Ruling Won't Transform Removal Jurisdiction

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    The U.S. Supreme Court's ruling in Royal Canin USA v. Wullschleger means that federal district courts must now remand whenever an amended complaint excises grounds for federal jurisdiction — but given existing litigation strategy and case law trends, this may ultimately preserve, rather than alter, the status quo, say attorneys at Norton Rose.

  • Class Actions At The Circuit Courts: Nov. And Dec. Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.

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