Appellate

  • October 02, 2024

    Convicted Judge Owes Feds Retirement Funds, 7th Circ. Says

    A former Illinois judge convicted of running a $1.4 million mortgage fraud scheme must cough up assets from her retirement accounts to cover her restitution obligations, the Seventh Circuit ruled Wednesday, agreeing with a Chicago district court that the government can access her retirement savings to satisfy that debt.

  • October 02, 2024

    Watchdog Appeals After Court Grants X Access To Donor Lists

    The nonprofit group Media Matters for America appealed to the Fifth Circuit on Tuesday after a Texas federal judge ordered it to turn over its donor lists to social media platform X Corp., saying that it still had a First Amendment privilege to keep the names of its donors private.

  • October 02, 2024

    9th Circ. Won't Force New Factory Farm Water Regs On EPA

    The Ninth Circuit on Wednesday tossed green groups' lawsuit seeking to revive their petition for the U.S. Environmental Protection Agency to create new, stronger Clean Water Act regulations for large animal feeding facilities.

  • October 02, 2024

    Giuliani Asks DC Circ. To Ax Poll Workers' $148M Judgment

    Rudy Giuliani urged the D.C. Circuit Wednesday to throw out the $148 million damages awarded to two Georgia poll workers the former New York City mayor falsely accused of committing ballot fraud during the 2020 presidential election, saying they didn't establish he published the misinformation with actual malice.

  • October 02, 2024

    Gov't Tells Justices That E-Rate Program Is Covered By FCA

    The federal government is urging the U.S. Supreme Court to declare that E-Rate reimbursement fraud is covered by the False Claims Act because the government provides the program's funding.

  • October 02, 2024

    2nd Circ. Won't Nix Amazon Awards Against Chinese Sellers

    A pair of Chinese third-party sellers were unable to convince the Second Circuit to vacate arbitral awards favoring Amazon after the sellers allegedly bribed customers for positive reviews, with the appeals court rejecting their argument that the arbitrators manifestly disregarded the law.

  • October 02, 2024

    Insurer Seeks To Ax NC Mogul's Appeal In Receivership Row

    An insurer seeking to collect on a $524 million arbitration award against insurance mogul Greg Lindberg told a North Carolina appeals court that in order to avoid a court-appointed receiver taking control of his assets, he's filed a "baseless" appeal arguing the state's courts lack jurisdiction over him.

  • October 02, 2024

    Avadel Tells Fed. Circ. It Should Be Free To Test Sleep Drug

    Specialty-drug maker Avadel Pharmaceuticals says a Delaware federal court went too far in blocking it from testing a narcolepsy drug to treat an uncommon sleep disorder after finding that it infringed a patent covering a rival's narcolepsy drug.

  • October 02, 2024

    U.S. Steel Must Face Testing Suit Over Long-Gone Zinc Plant

    U.S. Steel can't escape a lawsuit from neighbors of a long-closed zinc refinery outside Pittsburgh seeking to make the company pay for long-term environmental testing, a Pennsylvania appellate panel ruled Tuesday, reasoning that the plaintiffs properly invoked a state law governing the cleanup of hazardous pollution.

  • October 02, 2024

    White Ex-Coach Won't Get 11th Circ. Redo In Bias Suit

    An Eleventh Circuit panel on Wednesday rejected a former football coach's request to reconsider its decision not to reopen a lawsuit alleging that a Georgia school district refused to renew his contract because he is white.

  • October 02, 2024

    Amarin Says Sky Isn't About To Fall In Skinny Labels Fight

    Amarin Pharma Inc., the maker of the cardiovascular drug Vascepa, has defended a Federal Circuit decision reviving its skinny label patent case against a rival U.K. drugmaker, telling the appeals court that the sky is not "going to fall on the generic pharmaceutical industry."

  • October 02, 2024

    Fla. Court Says Superintendent Must Face Perjury Charge

    A Florida appeals court Wednesday reinstated an indictment accusing a school superintendent of lying to a statewide grand jury convened in response to the 2018 mass shooting at Marjory Stoneman Douglas High School.

  • October 02, 2024

    14 States, DC Urge 11th Circ. To Uphold Train Crew Size Rule

    A coalition of 14 states and the District of Columbia urged the Eleventh Circuit to reject the railroad industry's attempt to vacate the U.S. Department of Transportation's final rule requiring all trains to be operated with at least two people, saying doing so would make rail operations less safe nationally.

  • October 02, 2024

    Fed. Circ. Orders Damages Redo In $11M Meat Sorter IP Fight

    The Federal Circuit on Wednesday called for a new damages trial in Provisur Technologies Inc.'s $10.5 million patent infringement win over Weber Inc., taking issue with how a Missouri federal court looked at willfulness and apportionment.

  • October 02, 2024

    2nd Circ. Prods NY Appeals Court To Weigh Foreclosure Law

    The Second Circuit has urged a state appeals court to provide input on a ruling retroactively canceling U.S. Bank's attempt to foreclose on a Queens condo in 2016 by applying a six-year statute of limitations in the state's 2022 Foreclosure Abuse Prevention Act.

  • October 02, 2024

    NC's Med Mal Damages Cap Is Constitutional, Panel Told

    North Carolina's cap on compensatory damages in medical negligence suits does not impede a citizen's right to a jury trial and is in line with the state's constitution, according to an attorney appointed to defend the law against a woman seeking to collect her full $7.5 million jury verdict stemming from the loss of her unborn baby.

  • October 02, 2024

    Game Artist's Discovery Violations Doom Gen Con Suit

    A Washington state appeals court has refused to revive a role-playing game illustrator's defamation suit against the gaming convention Gen Con, concluding he deliberately violated discovery rules and court orders by failing to respond to defense attorneys' information requests.

  • October 02, 2024

    Feds Can Back ND Tribes In 8th Circ. Legislative Privilege Row

    The federal government can participate in arguments later this month before an Eighth Circuit panel in support of two North Dakota tribes in a discovery dispute over legislative privilege in an already-decided Voting Rights Act case, the appellate court says.

  • October 02, 2024

    Panel Revives Fraud Suit On Merchant Cash Advance Cos.

    An Ohio state appeals court revived part of S&T Bank Inc.'s suit against more than 30 merchant cash advance companies that it accused of working with convicted fraudster Harold Sosna to help him run a check-kiting scheme that cost the bank $58 million.

  • October 02, 2024

    10th Circ. Affirms Microsoft, Premera Tab For ERISA Violations

    The Tenth Circuit upheld a six-figure award for a family that claimed Microsoft and Premera Blue Cross unlawfully refused to cover their son's stay at a residential treatment center, but struck down the family's trial court win on their mental health parity claim.

  • October 02, 2024

    DC Circ. Says Election Betting Contracts Can Go Live

    The D.C. Circuit on Wednesday allowed betting on election outcomes to move forward after finding that the U.S. Commodity Futures Trading Commission hasn't shown that KalshiEx's listing of election-based event contracts would likely harm the public while the regulator challenges a ruling that gave the trading platform the green light to offer such services.

  • October 02, 2024

    Trump 'Resorted To Crimes' To Cling To Power, Feds Say

    Donald Trump's alleged scheme to subvert the 2020 election results was "fundamentally a private one," special counsel Jack Smith told a D.C. federal judge in a newly unsealed brief that vies to prove that the former president is not immune from charges of election interference.

  • October 02, 2024

    Texas High Court Skeptical Of Atty Solicitation Law Overreach

    The Texas Supreme Court on Wednesday appeared skeptical that an anti-solicitation statute should apply to lawyers licensed in the state who used "case runners" to attract personal injury clients who live out of state for lawsuits filed and decided beyond the borders of the Lone Star State.

  • October 02, 2024

    Fla. Atty Disbarred For Abandoning Pharma Biz Before USPTO

    The Florida Supreme Court on Wednesday disbarred an attorney for taking on intellectual property work for a pharmaceutical company only to later cease communications and keep the business in the dark about maintenance fees, causing its patents to expire.

  • October 02, 2024

    Justices Asked To Short-Circuit Mass. Offshore Wind Project

    Massachusetts residents are telling the U.S. Supreme Court it's the last hope for endangered North Atlantic right whales that were overlooked when the federal government approved a large offshore wind energy project in the waters off of Martha's Vineyard and Nantucket.

Expert Analysis

  • Series

    Collecting Art Makes Me A Better Lawyer

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    The therapeutic aspects of appreciating and collecting art improve my legal practice by enhancing my observation skills, empathy, creativity and cultural awareness, says attorney Michael McCready.

  • A Look At Recent Case Law On Expedited Judgment In NY

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    A number of recent New York state court decisions clarify and refine the contours surrounding Civil Practice Law and Rule 3213, providing landlords, lenders and other payees guidance on how to seek accelerated judgment in certain litigation, says Alexander Lycoyannis at Holland & Knight.

  • Opinion

    Supreme Court Must Halt For-Profit Climate Tort Proliferation

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    If the U.S. Supreme Court does not seize the opportunity presented by Honolulu v. Sunoco to reassert federal authority over interstate pollution regulation, the resulting frenzy of profit-driven environmental mass torts against energy companies will stunt American competitiveness and muddle climate policy, says Gale Norton at Liberty Energy.

  • Litigation Inspiration: Honoring Your Learned Profession

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    About 30,000 people who took the bar exam in July will learn they passed this fall, marking a fitting time for all attorneys to remember that they are members in a specialty club of learned professionals — and the more they can keep this in mind, the more benefits they will see, says Bennett Rawicki at Hilgers Graben.

  • Allergan Ruling Reinforces Value Of Patent Term Adjustments

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    The Federal Circuit’s recent ruling in Allergan v. MSN, which held that patent term adjustment awards for first-filed, first-issued patents cannot be stripped away by later-issuing child patents that expire earlier, means practitioners must consider the potential impact of any action that might reduce the adjustment amount, say attorneys at Cooley.

  • Opinion

    AI May Limit Key Learning Opportunities For Young Attorneys

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    The thing that’s so powerful about artificial intelligence is also what’s most scary about it — its ability to detect patterns may curtail young attorneys’ chance to practice the lower-level work of managing cases, preventing them from ever honing the pattern recognition skills that undergird creative lawyering, says Sarah Murray at Trialcraft.

  • A Class Action Trend Tests Limit Of Courts' Equity Powers

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    A troubling trend has developed in federal class action litigation as some counsel and judges attempt to push injunctive relief classes under Rule 23(b)(2) of the Federal Rules of Civil Procedure beyond the traditional limits of federal courts' equitable powers, say attorneys at Jones Day.

  • What's In The Cards For CFTC's Election Betting Case

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    A D.C. federal judge's Sept. 12 ruling, allowing KalshiEx to offer derivative contracts trading on the outcome of the U.S. congressional elections over objections from the U.S. Commodity Futures Trading Commission, could mark a watershed moment in the permissibility of election betting if upheld on appeal, say attorneys at BakerHostetler.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy identifies practice tips from four recent class certification rulings involving denial of Medicare reimbursements, automobile insurance disputes, veterans' rights and automobile defects.

  • IP Concerns For Manufacturing Semiconductors In Low Orbit

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    With space habitation companies working to launch private space stations in the near future, semiconductor manufacturers aiming to execute research and development in low or microgravity must consider the unique claim drafting and patent protection issues that will emerge, says Greg Miraglia at Quinn Emanuel.

  • How NLRB Memo Balances Schools' Labor, Privacy Concerns

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    Natale DiNatale at Robinson & Cole highlights the recent National Labor Relations Board advice memorandum that aims to help colleges reconcile competing obligations under the National Labor Relations Act and the Family Educational Rights and Privacy Act as university students flock toward unionization.

  • 3 Coverage Tips As 2nd Circ. 'Swipes Left' On Tinder Claim

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    The Second Circuit's recent opinion in Match Group v. Beazley Underwriting, overturning Tinder's victory on its insurer's motion to dismiss a coverage action, reinforces three best practices policyholders purchasing claims-made coverage should adhere to in order to avoid late-notice defenses, say Lynda Bennett and Alexander Corson at Lowenstein Sandler.

  • How Loper Bright Is Affecting Pending FCC Litigation

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    Pending challenges against Federal Communications Commission orders at the Sixth and Eleventh Circuits following the U.S. Supreme Court's decision in Loper Bright highlight that counsel must be familiar with the statutes, regulations and precedent relevant to the FCC to best navigate the rapidly changing compliance landscape, say attorneys at Davis Wright.

  • Series

    Round-Canopy Parachuting Makes Me A Better Lawyer

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    Similar to the practice of law, jumping from an in-flight airplane with nothing but training and a few yards of parachute silk is a demanding and stressful endeavor, and the experience has bolstered my legal practice by enhancing my focus, teamwork skills and sense of perspective, says Thomas Salerno at Stinson.

  • 7 Takeaways For Companies After Justices' Bribery Ruling

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    The U.S. Supreme Court’s Snyder v. U.S. decision this summer, holding that a federal law does not criminalize after-the-fact gratuities made to public officials, raises some key considerations for companies that engage with state, local and tribal governments, say attorneys at BakerHostetler.

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