Appellate

  • April 24, 2025

    Trampoline Park's Discovery Nixed Arbitration, NJ Panel Says

    A Garden State trampoline park waived its right to compel arbitration in a negligence case by taking part in extensive discovery before filing its motion, a New Jersey appellate panel ruled Thursday.

  • April 24, 2025

    Tax Cos. Head To 9th Circ. Over IRS Worker Credit Denials

    Two tax assistance companies are appealing to the Ninth Circuit an Arizona federal court ruling denying their request to stop the IRS from issuing batch denials of thousands of pandemic-era worker credit claims, including those filed by their clients.

  • April 24, 2025

    Appeal Fast-Tracked In Feud Over Use Of Ex-Atty's Name

    The Second Circuit has fast-tracked an appeal by a Connecticut attorney who lost a lawsuit over his former law firm's alleged unauthorized use of his name and likeness after his firing.

  • April 23, 2025

    No Need To Look At Tire IP Dispute, Toyo Tells Justices

    Japanese tire giant Toyo Tire Corp. urged the U.S. Supreme Court on Wednesday not to examine a Federal Circuit ruling that discarded a $10 million award in a case that's been going on for over a decade around allegations of interfering with a rival's business through patent settlements with other companies.

  • April 23, 2025

    11th Circ. Considers Timeliness Of J&J Pelvic Mesh Claims

    An Alabama couple urged the Eleventh Circuit on Wednesday to revive their lawsuit over injuries allegedly caused by pelvic mesh manufactured by Ethicon Inc. and its parent Johnson & Johnson, arguing that a district court wrongly found their claims were time-barred.

  • April 23, 2025

    Latest CFPB Layoffs Need Court's Scrutiny, DC Circ. Told

    The National Treasury Employees Union has hit back at a Trump administration bid to resume mass layoffs of nearly all the Consumer Financial Protection Bureau's workforce, urging the D.C. Circuit to leave a federal judge's temporary restraining order in place.

  • April 23, 2025

    Firm Can't Fight Conn. Scam Suit Fee Rulings, Ex-Client Says

    A Connecticut judge should not reconsider an award of attorney fees and interest against the law firm Mancini Provenzano & Futtner LLC because it already waived its arguments or brought them up in a pending appeal of a negligence judgment, a former client said this week.

  • April 23, 2025

    Judge's Same-Sex Wedding Ban Legal In Texas, Justices Hear

    A Texas appeals panel balked at a state judge's argument that refusing to officiate same-sex marriages keeps with Texas law during oral arguments Wednesday, saying the discussion had gotten "far afield" of the issues before the court.

  • April 23, 2025

    Fed. Circ. Won't Revive Minority Farmer COVID Debt Relief Suit

    The Federal Circuit declined to revive claims by socially disadvantaged farmers who said the government owes them millions of dollars after repealing a coronavirus pandemic-era debt relief program, ruling Tuesday the farmers failed to show the government had a mutual intent to enter a binding contract.

  • April 23, 2025

    Fed. Circ. Won't Immediately Pause Sanctions On IP Attys

    A Federal Circuit judge on Wednesday declined to provide immediate relief to attorneys from Texas patent firm Ramey LLP fighting sanctions they've deemed "career ending," letting stand penalties coming due for practicing without licenses in California, among other conduct.

  • April 23, 2025

    Qualcomm Patent Revived As Fed. Circ. Axes Apple PTAB Win

    The Federal Circuit on Wednesday reversed the Patent Trial and Appeal Board's invalidation of a Qualcomm circuit patent challenged by Apple, saying the board's decision was improperly based on an admission Qualcomm made in its patent about earlier technology.

  • April 23, 2025

    4th Circ. Says Immigration Board Evidence Standard Too High

    The Fourth Circuit on Tuesday gave an Ethiopian man another chance to reopen his removal case following his marriage to an American woman, ruling that the Board of Immigration Appeals applied the wrong standard when it required that he provide "clear and convincing evidence" of his marriage's "bona fides."

  • April 23, 2025

    Fed. Circ. Agrees MS Generic Drug Didn't Infringe Metacel IP

    The Federal Circuit on Wednesday backed a New Jersey federal judge's finding that Rubicon Research's generic version of Metacel's drug Ozobax does not induce doctors and patients to infringe a Metacel patent.

  • April 23, 2025

    Iraq's Counsel Can Stay In $120M Award Fight, DC Circ. Says

    The D.C. Circuit has declined to nix Pierson Ferdinand LLP's appearance as counsel for Iraq in an appeal challenging the enforcement of a $120 million arbitral award issued to a Cypriot construction and engineering firm, rejecting the company's allegations that Iraq engaged in "gamesmanship."

  • April 23, 2025

    Fed. Circ. Passes Game Controller Patent Case Back To PTAB

    Video game developer Valve on Wednesday won yet another chance to convince patent board judges to look at its challenge to claims in a rival's video game controller patent asserted in litigation in Washington federal court.

  • April 23, 2025

    Denver Water Says Dam Work Won't Hurt Environment

    The utility Denver Water urged the Tenth Circuit to lift part of a Colorado district court's ruling that stopped construction of a new dam, arguing that allowing construction to go forward won't impact environmental issues that environmental groups are actually concerned about.

  • April 23, 2025

    3rd Circ. Backs Health Network In Suit Over Malpractice Case

    The Third Circuit on Wednesday declined to reinstate a retired lawyer's case against the Rothman Institute Orthopedic Foundation for not giving him an affidavit of merit to support medical malpractice claims against different healthcare providers, with the panel ruling the institute did not interfere with his ability to seek legal recourse.

  • April 23, 2025

    10th Circ. Says Lower Court Erred On Pollution Coverage

    A Tenth Circuit panel determined Wednesday that absolute pollution exclusions in insurance policies unambiguously prevented a New Mexico property owner from obtaining coverage for underlying contamination litigation, reversing a decision by a district court and saying that court erred "in all key respects."

  • April 23, 2025

    Del. Justices Mull Scope Of Jenzabar Founders' Control Feud

    A Delaware Supreme Court justice on Wednesday pressed an attorney for a co-founder of higher education software venture Jenzabar Inc. on whether he had adopted a "rather expansive reading" for claims of continuing wrongs in an appeal from rulings tied to a divorcing couple's sprawling battles over control of the business.

  • April 23, 2025

    NC Justice Hammers Home Depot's Reading Of Sales Law

    A North Carolina Supreme Court justice reminded Home Depot on Wednesday that it was arguing to "a lot of textualists" in a case about the state's ban on referral sales programs, with the justice suggesting the language in the law does not require a showing of inducement to prove harm.

  • April 23, 2025

    Texas Court Skeptical Of 'Death Star' Standing Argument

    A Texas appellate judge asked the state Wednesday if it expected three of its largest cities to " wait for a thousand tiny cuts" before being allowed to challenge a bill nicknamed the "Death Star" by opponents, which they say infringe on their ability to manage their own affairs.

  • April 23, 2025

    Fla. Panel Reverses Promoter's $1M Award Against Pro Boxer

    A Florida appeals court on Wednesday reversed a $1.45 million judgment against professional Mexican boxer Saul "Canelo" Alvarez, finding that the award for Alvarez's former promoter — who claimed he was owed part of Alvarez's earnings — was not based on competent substantial evidence.

  • April 23, 2025

    6th Circ. Calls Compassionate Release Change A 'Power Grab'

    The U.S. Sentencing Commission overstepped by telling prisoners serving unusually long sentences that they can seek early release due to changes in sentencing law, the Sixth Circuit ruled Tuesday, deeming the move "a heavy-handed and unseemly power grab by the commission." 

  • April 23, 2025

    Fed. Circ. Won't Revive Web Patent Suit Against Meta, Others

    The Federal Circuit on Wednesday backed a district court's denial of an inventor's bid to undo a finding that a website hot spot patent he accused Meta, Microsoft and others of infringing was invalid, rejecting his argument he didn't get a fair shot when he was at the Federal Circuit before because U.S. Circuit Judge Pauline Newman was on an earlier panel.

  • April 23, 2025

    Justices Hint That Fuel Groups Can Fight Emissions Waiver

    U.S. Supreme Court justices on Wednesday appeared to back a contention from fuel industry groups that they have standing to challenge the U.S. Environmental Protection Agency's Clean Air Act waiver allowing California to set its own greenhouse gas emissions standards for vehicles.

Expert Analysis

  • Series

    Florida Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of 2025 saw the Trump administration's crypto-forward approach permeate the banking industry, including Florida banking institutions, and a Fourth District Court of Appeal decision provide a new precedent for borrower/lender standing, say attorneys at Kozyak Tropin.

  • Meta Case Brings Customer-Facing Statements Issue To Fore

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    Now that Facebook v. Amalgamated Bank has returned to California federal court after the U.S. Supreme Court in November found it improvidently granted certiorari, it will be worth watching whether customer-facing communications, such as Facebook's privacy policies, are found to be made in connection with the sale of a security, says Samuel Groner at Fried Frank.

  • A Cold War-Era History Lesson On Due Process

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    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

  • Home Depot Ruling Tolls Death Knell For 'Silent Cyber'

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    The Sixth Circuit's recent ruling that Home Depot's insurers did not have to cover costs from a data breach hammered one more nail in the coffin of silent cyber, where coverage is sought under standard property or commercial general liability policies that were not intended to insure cyberattack claims, say attorneys at Zelle.

  • Series

    Improv Makes Me A Better Lawyer

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    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

  • How BigLaw Executive Orders May Affect Smaller Firms

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    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

  • Texas Case Shows Why Juries Are Well-Suited To COVID Suits

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    The original jury verdict in Baylor College of Medicine v. Lloyd's, currently on appeal to the Texas Supreme Court after being overturned by an appellate panel, illustrates why COVID-19 business interruption claims with their case-specific facts need to be decided by juries, not by judges using a one-size-fits-all approach, says Jeremy Lawrence at Farella Braun.

  • Filial Consortium Claims' Future After Conn. High Court Ruling

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    While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.

  • 4th Circ. Health Data Ruling Opens Door To State Law Claims

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    In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • 2 Del. Rulings Reinforce Proof Needed For Records Demands

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    Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • Series

    Birding Makes Me A Better Lawyer

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    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • Justices May Clarify What IP Competitors In Litigation Can Say

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    If the U.S. Supreme Court agrees to weigh in on Atturo Tire v. Toyo Tire, it may be able to provide guidance on the murky questions surrounding what companies enforcing their intellectual property against competitors are allowed to say in public, say attorneys at Ballard Spahr.

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