Appellate

  • September 17, 2025

    BIPA Logic May Sustain Walgreens Data Suit, Ill. Justices Hint

    Illinois' highest court Wednesday pressed an attorney for Walgreens to address why the company shouldn't apply its own reasoning that a plaintiff can file suit based solely on a statutory violation of the state's biometric privacy statute to allegations that the retail pharmacy chain printed too much financial information on receipts.

  • September 17, 2025

    9th Circ. Seems Split On School Principal's Free Speech Suit

    A Ninth Circuit panel appeared split on Wednesday over a Washington state public school employee's claims that he was unfairly punished for a political rant on Facebook, with one judge pushing back on his stance that he was speaking privately while also balking at the district's position that the post was disruptive.

  • September 17, 2025

    Tribal Members Tell 9th Circ. Tariff Suit Belongs In Fed. Court

    Counsel for members of the Blackfeet Nation tribe told the Ninth Circuit on Wednesday their suit challenging President Donald Trump's emergency tariffs should stay in federal district courts, where constitutional and congressional claims over tribal commerce must be heard.

  • September 17, 2025

    3rd Circ. Weighs Limits On NJ Medical Aid In Dying Act

    The Third Circuit on Wednesday considered whether a Delaware woman with terminal cancer can challenge New Jersey's residency requirement for medical aid in dying, even though she has yet to be certified as having six months or less to live.

  • September 17, 2025

    Billionaire Vik Eyes $11.5M Fee After Beating Deutsche Bank

    A lawyer for billionaire Alexander Vik told a Connecticut appeals panel Wednesday that a judge should have followed Turks and Caicos Islands law to award more than $11.5 million in attorney fees when he beat Deutsche Bank in a long-running lawsuit that sought to collect on a $243 million judgment over unpaid margin calls.

  • September 17, 2025

    8th Circ. Backs Dismissal Of FDIC Fee Guidance Challenge

    The Eighth Circuit on Wednesday rejected a banking industry challenge to Biden-era Federal Deposit Insurance Corp. guidance that cautioned banks about charging recurring fees on declined transactions, ruling the matter not ripe for court review.

  • September 17, 2025

    Missouri AG Can Seek Unredacted Trans Care Records

    The Missouri attorney general can demand that a hospital turn over unredacted records on patients getting transgender care as part of a probe of a whistleblower complaint, a state appeals court held Tuesday.

  • September 17, 2025

    Judges Pan Chris Cuomo's Arbitrator Bias Claim On Appeal

    A majority of the justices on a New York appellate court panel voiced skepticism of ex-CNN anchor Chris Cuomo's arguments that the arbitrator was biased against him in his $125 million wrongful termination case against the news network.

  • September 17, 2025

    House Votes To End DC Judicial Nominations Commission

    The U.S. House of Representatives voted 218-211 along party lines on Wednesday to eliminate the commission that vets and picks potential judicial nominees for Washington, D.C.'s local courts.

  • September 17, 2025

    11th Circ. Judge Calls Ga. School Racism Defense 'Ridiculous'

    The Eleventh Circuit appeared unlikely Wednesday to let Georgia school officials escape accusations they violated a settlement requiring their district to hire more Black educators, with one judge slamming as "ridiculous" the notion they could plead ignorance over whether the agreement was binding on them.

  • September 17, 2025

    Charter Can't Dodge Cable Royalties In Texas, 5th Circ. Rules

    Charter Communications cannot avoid paying a 3% royalty for the use of cable permits in three Texas cities' rights of way, regardless of a change in state permitting law, the Fifth Circuit ruled Wednesday.

  • September 17, 2025

    Ex-Law Student's Bias Suit In Wrong Forum, 4th Circ. Told

    A Black former student at Washington University School of Law shouldn't be able to revive claims that she was suspended from campus and lost her scholarship after complaining about a professor's race bias because she filed the suit in the wrong state, the law school told the Fourth Circuit.

  • September 17, 2025

    Posting Standards Violates Copyright, ASTM Tells 3rd Circ.

    The American Society for Testing and Materials told a Third Circuit panel in Philadelphia on Wednesday that a Pennsylvania federal judge was wrong to find that another company's posting of its copyrighted technical standards online was a noninfringing fair use of the material.

  • September 17, 2025

    Chancery Approves $30M Match.com Spinoff Suit Settlement

    A Delaware vice chancellor approved a $30 million mediated settlement Wednesday to resolve a five-year dispute over the fairness of Match.com's 2019 reverse spinoff from Barry Diller-controlled IAC/Interactive, with stockholder attorneys taking home $6.9 million.

  • September 17, 2025

    2nd Circ. Won't Block Eletson Doc Transfer In Shipping Row

    The Second Circuit on Wednesday declined Reed Smith LLP's emergency request to block the turnover of client files created amid its representation of Greece-based shipping company Eletson Holdings prior to an October 2024 reorganization, but agreed to refer the stay motion to a three-judge panel for consideration.

  • September 17, 2025

    Texas Justices Don't Touch Block Of Local Pot Amnesty Law

    The Texas Supreme Court will not review an appellate panel's decision blocking the city of San Marcos from going forward with a voter-approved ordinance that limited local police from enforcing laws on low-level marijuana offenses.

  • September 17, 2025

    IRS-ICE Pact Allows For Mass Tax Data Swaps, DC Circ. Told

    An information sharing agreement between the IRS and immigration enforcement agencies allows for disclosure of confidential tax information on a mass scale, as evidenced by an IRS official's declaration in a taxpayer group's suit, immigration advocacy groups challenging the agreement told the D.C. Circuit on Wednesday.

  • September 17, 2025

    8th Circ. Axes Enhancement Over Tossed Gun As Speculative

    The Eighth Circuit on Wednesday vacated a nearly six-year sentence and dropped a reckless endangerment enhancement for a man in Iowa accused of discarding a loaded handgun while running from police.

  • September 17, 2025

    11th Circ. Seems Open To Reviving Mortality Table Suit

    The Eleventh Circuit on Wednesday seemed open to reviving a proposed class action from married energy company retirees who claim outdated life expectancy data caused them to lose out on benefits, with judges questioning the lower court's holding that actuarial assumptions don't have to be reasonable.

  • September 17, 2025

    4th Circ. Told Panel's Ruling In Bestwall Ch. 11 Dangerous

    A group of asbestos claimants has asked the full Fourth Circuit to reconsider a panel's ruling that Georgia-Pacific asbestos unit Bestwall could stay in Chapter 11 despite its parent being solvent, saying the opinion defies U.S. Supreme Court precedent and will enable debtors to abuse the system.

  • September 17, 2025

    Fed. Circ. Backs Rejection Of Sterling Silver Patent App

    The Federal Circuit on Wednesday upheld the U.S. Patent and Trademark Office's rejection of a bid for a patent on a silver alloy resistant to corrosion, backing the agency's finding that the application lacked enough written description.

  • September 17, 2025

    7th Circ. Pick Shrugs Off Conservative Group's Opposition

    During her confirmation hearing on Wednesday, Rebecca Taibleson, a federal prosecutor in Wisconsin tapped for the Seventh Circuit, fended off opposition to her nomination from conservative groups, antipathy that the top Democrat on the Senate Judiciary Committee called a "new low" for the committee.

  • September 17, 2025

    3rd Circ. Panel Puzzled By Economics Of NCAA Eligibility

    The introduction of compensation for college athletes may have changed the economic effects of the NCAA's eligibility rules, but a Third Circuit panel wondered Wednesday whether enough analysis on the specific effects had been done to justify suspending one of those rules for a Rutgers University football player.

  • September 17, 2025

    Coaches Ask For Lower Court Redo On 'Sham' NFL Arbitration

    Arguing that a recent Second Circuit ruling supports their position that arbitration overseen by the NFL commissioner cannot be impartial, three former NFL coaches have asked the district court judge who sent part of their proposed racial discrimination class action to arbitration two years ago to again reconsider that decision.

  • September 17, 2025

    Split 3rd Circ. Says Cell Search Didn't Violate Suspect's Rights

    A split Third Circuit panel ruled Tuesday that a woman's protections against self-incrimination weren't violated when she allowed police officers to search her phone after requesting an attorney following her arrest for drug dealing, holding that evidence on the phone ultimately used against her was properly admitted because the search was voluntary.

Expert Analysis

  • From Clerkship To Law Firm: 5 Transition Tips For Associates

    Excerpt from Practical Guidance
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    Transitioning from a judicial clerkship to an associate position at a law firm may seem daunting, but by using knowledge gained while clerking, being mindful of key differences and taking advantage of professional development opportunities, these attorneys can flourish in private practice, say attorneys at Lowenstein Sandler.

  • 9th Circ.'s Trade Secrets Ruling Is A Win For DTSA Plaintiffs

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    The Ninth Circuit's recent decision in Quintara v. Ruifeng shifts the balance in federal trade secret litigation toward a more flexible, discovery-driven process, meaning that plaintiffs may be more likely to pursue claims under the Defend Trade Secrets Act, and early motions to strike or dismiss will face steep odds, say attorneys at Cooley.

  • Associates Can Earn Credibility By Investing In Relationships

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    As the class of 2025 prepares to join law firms this fall, new associates must adapt to office dynamics and establish credible reputations — which require quiet, consistent relationship-building skills as much as legal acumen, says Kyle Forges at Bast Amron.

  • How 6th Circ. Ruling Deepens Split On Broker Liability

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    A growing divide in Federal Aviation Administration Authorization Act jurisprudence is ripe for U.S. Supreme Court review, after the Sixth Circuit last month found in Cox v. Total Quality Logistics that brokers can be held liable for negligent hiring, says Gregory Reed at Hanson Bridgett.

  • Trending At The PTAB: IPR Memo And Its Fed. Circ. Backdrop

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    There are new rules for when and how evidence other than patents or printed publications can be considered in inter partes reviews, and while this change is intended to reflect current Federal Circuit precedent, the U.S. Patent and Trademark Office's memo seems to acknowledge tension with last month's Shockwave decision, say attorneys at Finnegan.

  • Calif. Arbitration Fee Ruling Gives Employers Slight Leeway

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    The California Supreme Court's decision in Hohenshelt v. Superior Court of Los Angeles County offers a narrow lifeline that protects employers from losing arbitration rights over inadvertent fee payment delays, but auditing arbitration agreements and implementing payment tracking protocols can ensure that deadlines are always met, say attorneys at Buchalter.

  • Ruling Offers Insurers A Path To Settle Sans Insured Consent

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    A recent North Carolina federal court ruling, Martin Marietta Materials v. Ace, joins other states in holding that an insurer may consider its own interests in settlement negotiations, outlining a strong strategy for insurers faced with an uncooperative insured and the threat of a large verdict, say attorneys at Phelps Dunbar.

  • Lessons From 7th Circ.'s Deleted Chat Sanctions Ruling

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    The Seventh Circuit’s recent decision in Pable v. Chicago Transit Authority, affirming the dismissal of an ex-employee’s retaliation claims, highlights the importance of properly handling the preservation of ephemeral messages and clarifies key sanctions issues, says Philip Favro at Favro Law.

  • Adapting To USPTO's Tighter Inter Partes Review Rules

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    The U.S. Patent and Trademark Office's recent pivot regarding how it will address general knowledge in inter partes review petitions presents immediate strategic implications for petitioners, patent owners and litigants watching the contours of Patent Trial and Appeal Board practice, say attorneys at Winston & Strawn.

  • Series

    Quilting Makes Me A Better Lawyer

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    Turning intricate patterns of fabric and thread into quilts has taught me that craftsmanship, creative problem-solving and dedication to incremental progress are essential to creating something lasting that will help another person — just like in law, says Veronica McMillan at Kramon & Graham.

  • 3rd Circ. FMLA Suit Revival Offers Notice Rule Lessons

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    In Walker v. SEPTA, the Third Circuit reinstated a former Philadelphia bus driver's Family and Medical Leave Act lawsuit, finding the notice standard is not particularly onerous, which underscores employers' responsibilities to recognize and document leave requests, and to avoid penalizing workers for protected absences, say Fiona Ong and Leah Shepherd at Ogletree.

  • Utility Agency Suits May Rise As Calif. Justices Nix Deference

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    A recent California Supreme Court ruling rejecting the uniquely deferential standard of review accorded to California Public Utilities Commission decisions interpreting the Public Utilities Code will incentivize more litigation against the agency, as long as litigants can show their challenges meet certain requirements, says Thaila Sundaresan at Davis Wright.

  • 2 Appellate Rulings Offer Clickwrap Enforcement Road Map

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    Two recent decisions from the Fourth and Eleventh Circuits in cases involving Experian signal that federal appellate courts are recognizing clickwrap agreements' power in spite of their simplicity, and offer practical advice on how companies can sufficiently demonstrate notice and assent when attempting to enforce contractual terms, says Brian Willett at Saul Ewing.

  • Fleeing Or Just Leaving Quickly? 2nd Circ. Says It Depends

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    The Second Circuit’s recent U.S. v. Bardakova decision adopted a new approach for determining whether a defendant who commits a crime in the U.S., and then leaves and remains abroad, intends to avoid prosecution — making it more difficult to argue against the fugitive disentitlement doctrine in most cases, say attorneys at MoloLamken.

  • What 2 Profs Noticed As Transactional Law Students Used AI

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    After a semester using generative artificial intelligence tools with students in an entrepreneurship law clinic, we came away with numerous observations about the opportunities and challenges such tools present to new transactional lawyers, say professors at Cornell Law School.

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