Appellate

  • March 04, 2025

    Ga. Justices Reject Broadened 'Bad Faith' Claim In Injury Suit

    The Supreme Court of Georgia ruled Tuesday that a driver who rear-ended another could not be found as acting in bad faith — and thereby on the hook for attorney fees — merely because he may have been talking on his cellphone at the time of the crash.

  • March 04, 2025

    IRS Crypto Summons Broke Privacy Law, 5th Circ. Told

    The IRS failed to comply with privacy law in seeking a cryptocurrency executive's third-party bank records, the executive told the Fifth Circuit, saying the agency never notified his attorney even though it was aware he was represented by counsel.

  • March 04, 2025

    Justices Doubt Mexico Can Pin Cartel Deaths On US Gun Cos.

    The U.S. Supreme Court on Tuesday appeared highly skeptical of a suit by the Mexican government that seeks to hold Smith & Wesson and other American gunmakers liable for cartel violence, with justices from both sides of the ideological spectrum suggesting that the claims are too speculative.

  • March 04, 2025

    High Court Says EPA Went Too Far With SF Water Permit

    The U.S. Supreme Court on Tuesday sided with San Francisco in its attempt to escape the terms of a federal sewer and wastewater system permit that the city challenged as too vague and difficult to comply with.

  • March 03, 2025

    Justices Mull If 2nd Circ. Overstepped In Hamas Banking Case

    The U.S. Supreme Court on Monday appeared receptive to a Lebanese bank's bid to reverse a ruling that revived a suit brought by victims of Hamas terrorist attacks, in a case that hinges on how civil procedure rules apply to requests to reopen final judgments.

  • March 03, 2025

    Calif. Court OKs Slash Of $30M Med Mal Verdict To $250K

    A California appeals court has agreed with the decimation of a $29.5 million wrongful death verdict against a chiropractor who cleared a teen with a heart condition for strenuous physical activity, saying the state's damages cap applies.

  • March 03, 2025

    9th Circ. Rejects Redo Of Antitrust Case Against Zillow, NAR

    The Ninth Circuit on Monday said it would not revive a defunct brokerage platform's case accusing Zillow and the National Association of Realtors of deception related to the online real estate company's website, saying there was no conspiracy in the way changes were made to how listings were displayed.

  • March 03, 2025

    Ruling Nixing $1.3B Award May Be In Jeopardy At High Court

    The U.S. Supreme Court appeared poised during oral arguments on Monday to overturn a Ninth Circuit decision refusing to enforce a $1.3 billion arbitral award issued to an Indian satellite communications company, as the justices grappled with a new argument from a unit of India's space agency.

  • March 03, 2025

    Full Fed. Circ. Won't Take On Teva's Orange Book Appeal

    The Federal Circuit on Monday rejected a request for an en banc rehearing from Teva Pharmaceuticals challenging a panel decision finding that the company improperly listed its asthma inhaler patents on a key U.S. Food and Drug Administration database that lists patents for drugs.

  • March 03, 2025

    American Asks Justices To Mull Bid To Revive JetBlue Pact

    American Airlines has told the U.S. Supreme Court that the First Circuit flouted basic antitrust principles when it invalidated the carrier's codeshare agreement with JetBlue in Boston and New York, a decision that "threatens to wreak havoc on productive collaborations of all shapes and sizes."

  • March 03, 2025

    Fired NBA Ref Wants $178K Atty Fees After 2nd Circ. Win

    A former longtime NBA referee asked a Manhattan federal judge on Monday to approve an attorney fee of $179,000, after winning $2.9 million in pension benefits in a case over his termination for refusing to get vaccinated against COVID-19.

  • March 03, 2025

    Texas High Court Told Telecom Law Clears State Constitution

    Texas is hoping its highest court will overturn a ruling that found the state violated its own constitutional rules about gift-giving by capping the amount cities can charge telecoms for using their rights-of-way to such a degree that they were basically forced to give away public money.

  • March 03, 2025

    Conn. Justices Set New Atty Duty In Deathbed Will Dispute

    Three intended beneficiaries of a late businessman's will can sue attorney Anthony J. Palermino for allegedly failing to tell his client that TD Ameritrade account documents would need to be changed to fulfill his deathbed wishes, the Connecticut Supreme Court ruled Monday, finding that attorneys have a duty to third-party beneficiaries in such situations.

  • March 03, 2025

    4th Circ. Backs Away From Contractor's Arbitration Fight

    The Fourth Circuit said Monday it doesn't have jurisdiction over a contractor's challenge to a couple's arbitration award for an incomplete home renovation project, citing the U.S. Supreme Court's holding that federal courts have jurisdiction only over motions to compel, but not vacate or confirm, arbitration awards.

  • March 03, 2025

    Fed. Circ. Tosses Appeal In Card Payment Patent Dispute

    The Federal Circuit on Monday threw out a patent holder's challenge of an order clarifying that motions for sanctions by gift card company Blackhawk Networks and shopping mall owner Simon Property Group remained live after a Texas federal court's non-infringement judgment.

  • March 03, 2025

    Ex-Adecco Worker Can't Protest PAGA Deal, Calif. Panel Rules

    A worker suing a staffing agency under California's Private Attorneys General Act cannot intervene in a settled case lodging similar claims because the challenge is based purely on her private interests, a California panel ruled.

  • March 03, 2025

    Jarkesy Can't Get Penny Stock Co. Out Of SEC Penalty

    The Second Circuit on Monday upheld the U.S. Securities and Exchange Commission's courtroom victory against a penny stock company found to have misled its investors about its financial state, ruling that the company couldn't lean on the U.S. Supreme Court's Jarkesy ruling to argue that a jury should have determined its punishment.

  • March 03, 2025

    Sutter Settles Years-Old Antitrust Suit On Courthouse Steps

    Attorneys for a class of millions of health insurance premium payors announced an eleventh hour deal staving off a new antitrust trial Monday in California federal court over claims that hospital chain Sutter Health drives up costs by pushing all-or-nothing network deals on insurers.

  • March 03, 2025

    Vape Co. Backs 6th Circ. Challenge To Ky. E-Cig Law

    A Texas e-cigarette liquids maker on Monday urged the Sixth Circuit to side with a group of vape interests in their bid to block a Kentucky law regulating vape sales, saying the companies have standing to block the measure and the law is preempted under federal law.

  • March 03, 2025

    Pa. Supreme Court Snapshot: Negligence Damages Caps

    The Pennsylvania Supreme Court will start and end its March session examining long-standing precedents, beginning Tuesday with an argument that will spotlight damages against government entities, and wrapping up Wednesday with a matter hinging on a rule that lets general contractors share their subcontractors' immunity under the workers' compensation law.

  • March 03, 2025

    9th Circ. Won't Revive Black Ex-Boeing Engineer's Bias Suit

    The Ninth Circuit on Monday backed Boeing's defeat of a former engineer's lawsuit claiming he was disciplined for minor issues and ultimately terminated because he's Black, ruling he hadn't provided evidence that the company's actions were based on his race.

  • March 03, 2025

    2nd Circ. Denies Amish Schools' Vaccine Rule Challenge

    The Second Circuit on Monday denied a religious challenge to New York's immunization law from three Amish schools and two Amish parents, saying both the appellate court and the U.S. Supreme Court have a history of upholding school immunization requirements implemented by states.

  • March 03, 2025

    NJ Justices Skeptical Of Judicial Privacy Law Challenge

    The New Jersey Supreme Court appeared skeptical Monday over reviving a journalist's lawsuit alleging municipal officials improperly relied on the judicial safety measure Daniel's Law to chill his attempt to expose a city police director's out-of-town address.

  • March 03, 2025

    Fla. Judge Admits To Improper Remarks About Prosecutors

    A Florida state judge could receive a public reprimand after admitting to ethics charges for calling an assistant state attorney an "ass" and other inappropriate remarks directed toward prosecutors.

  • March 03, 2025

    Colo. Says 1933 Dictionary Supports Netflix Subscription Tax

    The plain meaning of tangible personal property has long encompassed Netflix streaming video subscriptions, Colorado's tax department told a state appeals court, urging it to allow a sales tax on the company's products.

Expert Analysis

  • When US Privilege Law Applies To Docs Made Outside The US

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    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.

  • How A 9th Circ. Identicality Ruling Could Affect AI Cos.

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    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.

  • Ring In The New Year With An Updated Employee Handbook

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    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.

  • What Loper Bright And Trump 2.0 Mean For New Transpo Tech

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    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.

  • What 2024 Trends In Marketing, Comms Hiring Mean For 2025

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    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.

  • Alpine Ruling Previews Challenges To FINRA Authority

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    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.

  • Series

    Group Running Makes Me A Better Lawyer

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    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.

  • Can Romania Escape Its Arbitral Award Catch-22?

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    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.

  • 7th Circ. Ruling Muddies Split On Trade Secret Damages

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    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.

  • Opinion

    6 Changes I Would Make If I Ran A Law School

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    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.

  • Using Data To Inform Corporate Disclosure Decisions

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    With today’s market volatility and regulatory factors requiring public companies to confront competing transparency and protection demands, incorporating stock price reaction analysis of company-specific news into the controller's role could be beneficial for disclosure determinations, say Liz Dunshee at Fredrikson & Byron and Nessim Mezrahi at SAR.

  • Firms Still Have The Edge In Lateral Hiring, But Buyer Beware

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    Partner mobility data suggests that the third quarter of this year continued to be a buyer’s market, with the average candidate demanding less compensation for a larger book of business — but moving into the fourth quarter, firms should slow down their hiring process to minimize risks, say officers at Decipher Investigative Intelligence.

  • 5th Circ. Crypto Ruling Shows Limits On OFAC Authority

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    The Fifth Circuit's recent decision that immutable smart contracts on the Tornado Cash crypto-transaction software protocol are not "property" subject to Office of Foreign Assets Control jurisdiction may signal that courts can construe OFAC's authority more restrictively after Loper Bright, say attorneys at Morgan Lewis.

  • Risk Disclosure Issue Remains After Justices Nix Meta Case

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    After full briefing and argument, the U.S. Supreme Court recently dismissed Facebook v. Amalgamated Bank as improvidently granted, leaving courts with the tricky endeavor of determining when the failure to disclose a past event in an Item 105 risk disclosure is materially misleading, say attorneys at Lowenstein Sandler.

  • Think Like A Lawyer: 1 Type Of Case Complexity Stands Out

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    In contrast to some cases that appear complex due to voluminous evidence or esoteric subject matter, a different kind of complexity involves tangled legal and factual questions, each with a range of possible outcomes, which require a “sliding scale” approach instead of syllogistic reasoning, says Luke Andrews at Poole Huffman.

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