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Appellate
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September 15, 2025
Ill. Court Backs Sanction Over 'Smoking Gun' Email In Buyout
An Illinois state appeals court has affirmed sanctions against an export company and its counsel, citing their failure to disclose a "smoking gun" email that undermined claims the company relied on a financial summary prepared by its accounting firm and ultimately paid too much to buy out a co-owner.
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September 15, 2025
Utilities Slam EPA's Lead Water Rule As Too Broad, Rushed
Drinking water utilities have told the D.C. Circuit that the federal government's 2024 rule ordering the removal of lead service lines imposes unreasonably burdensome compliance requirements, and they urged the court to strike it down.
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September 15, 2025
Charleston SC Not Appealing Dismissal Of Climate Suit
Charleston, South Carolina, has ended its pursuit of climate change-related infrastructure damages from fossil fuel companies, electing not to appeal a state judge's dismissal of the city's lawsuit last month.
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September 15, 2025
Catching Up With Delaware's Chancery Court
Delaware's governor weighed in on a challenge to recently approved state legislation that bars damages or "equitable" relief for some controlling stockholder or going-private deals. Meanwhile, Moelis told the Delaware Supreme Court that the struck-down stockholder agreement that triggered that legislation was valid. Additionally, one of two newly funded magistrates' posts in the Chancery Court has been filled.
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September 15, 2025
Software Co. Defends Contempt Order Against Womble Atty
A North Carolina federal court fairly held Womble Bond Dickinson partner Pressly Millen in contempt after he and his client made misrepresentations in a "parallel" trademark dispute abroad, U.S.-based software company Dmarcian Inc. told the Fourth Circuit on Friday.
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September 15, 2025
Feds Urge 3rd Circ. To Restore NJ US Atty's Authority
The federal government has urged the Third Circuit to reverse a district court ruling disqualifying acting U.S. Attorney Alina Habba from prosecuting two criminal cases in New Jersey after the clock allegedly ran out on her interim term, arguing that her appointment is valid and that the court erred in its interpretation of the statute.
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September 15, 2025
EPA Backs Off Drinking Water Regs For 4 PFAS
The U.S. Environmental Protection Agency has asked the D.C. Circuit to vacate part of its rule setting drinking water standards for certain forever chemicals, saying it now believes that those shouldn't have been included in a Biden-era rule.
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September 15, 2025
Ford Battery Factory Challenge Reignited By Mich. Justices
The Michigan Supreme Court has revived a challenge to Ford Motor Co.'s plans to build an electric vehicle battery plant in Calhoun County, vacating a lower appellate ruling that affirmed the case's dismissal in light of another state top court opinion over similar zoning authority issues.
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September 15, 2025
Fed. Circ. OKs PTAB Denial Of Motorola Lens Patent Challenge
The Federal Circuit on Monday declined to revive Motorola Mobility LLC's challenge to an imaging lens system patent owned by a Taiwanese company, affirming the Patent Trial and Appeal Board's finding that the smartphone maker failed to show the claims were invalid.
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September 15, 2025
9th Circ. Says Ore. Water Rights Case Is Still Relevant
The Ninth Circuit won't dismiss the Klamath Irrigation District's appeal over water releases from an Oregon lake as moot, saying a decision would provide relief by affecting how the scarce resource is allocated regardless of the federal government's new position on the application of the Endangered Species Act.
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September 14, 2025
Fed's Cook Defends Reinstatement As Trump Pushes For Stay
Federal Reserve Gov. Lisa Cook squared off with the Trump administration over the weekend as the D.C. Circuit mulls whether to keep in place a lower-court hold on President Donald Trump's effort to fire her ahead of a key interest-rate policy vote this coming week.
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September 12, 2025
1st Circ. Says Trump Admin Can Ax Immigrant Parole Program
The First Circuit ruled Friday that the Trump administration can go ahead with terminating temporary removal protections for hundreds of thousands of Cuban, Haitian, Nicaraguan and Venezuelan immigrants, saying the government's termination wasn't so "insufficiently reasoned."
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September 12, 2025
8th Circ. Pauses Challenges To Abandoned Climate Regs
The Eighth Circuit on Friday said it would wait to rule on challenges to Biden-era climate disclosure rules that the U.S. Securities and Exchange Commission has said it will no longer defend, giving the regulator time to decide what it wants to do with the rules.
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September 12, 2025
AbbVie Can't Halt Miss. Discount Drug Law, 5th Circ. Says
AbbVie and other pharmaceutical manufacturers that participate in Medicaid cannot preliminarily block a Mississippi law barring their interference with the distribution of discounted prescriptions to pharmacies serving low-income patients, the Fifth Circuit ruled Friday, saying the drugmakers haven't shown that the statute likely effectuates a taking of their property.
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September 12, 2025
Faulty Expert Report Dooms Foreign Object Med Mal Case
A Texas appellate court has dismissed claims against an obstetrician for allegedly negligently leaving surgical gauze in a woman's abdomen during a cesarean section, saying her medical expert submitted a report that did not comply with the state's medical malpractice statute.
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September 12, 2025
3rd Circ. Backs Fox News In DHS Expert's Defamation Suit
The Third Circuit on Friday upheld a win for Fox News Network LLC and Fox Corp. in a defamation lawsuit from the onetime head of the Biden administration's disinformation watchdog, holding that the unflattering claims the network's hosts made about the agency were opinion or not proven to be untrue.
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September 12, 2025
Roblox, Discord Face Wrongful Death Suit Over Teen's Suicide
The mother of a California teenager who died by suicide sued Roblox and Discord on Friday, claiming that her son was groomed and abused for years by a man who found him on the gaming platform, showed him how to disable parental controls and forced him to share explicit images.
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September 12, 2025
New Guidance Hacks Away At Immigration Judges' Powers
A steady stream of Board of Immigration Appeals decisions and Executive Office for Immigration Review memos, capped by recent guidance on handling constitutional claims, shows a Trump administration reining in immigration judges overseeing removal cases.
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September 12, 2025
9th Circ. Rejects Rethink, Unpauses Google Play Store Order
The countdown for Google to open up the Play Store is ticking down again after the Ninth Circuit again affirmed district court monopolization findings.
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September 12, 2025
4th Circ. Rules NC Felons' Voting Ban Is Unconstitutional
The Fourth Circuit affirmed Friday that a 19th-century North Carolina law making it a crime for convicted felons to vote — even if they believed they were eligible — unconstitutionally targets Black voters and was not mooted by a 2024 amendment to the law.
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September 12, 2025
9th Circ. Orders Feds To Restore Refugee Agency Agreements
The Ninth Circuit ordered the federal government to reinstate cooperative agreements with refugee resettlement agencies on Friday, saying President Donald Trump likely acted lawfully when suspending U.S. refugee admissions in January, but his administration must still provide legally mandated services to those who have already arrived.
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September 12, 2025
Builders Urge 11th Circ. To Block Biden's EO Labor Mandate
An association of builders on Friday urged the Eleventh Circuit to block a Biden administration executive order requiring labor agreements for all federal contracts exceeding $35 million, arguing the order will cause irreparable harm by increasing costs and reducing competition in the construction industry.
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September 12, 2025
Split 9th Circ. Backs Cert. Denial In Progressive Car Value Suit
A split Ninth Circuit panel on Friday upheld a lower court's refusal to certify a class of Progressive policyholders in a suit over adjustments the insurer makes when calculating the actual cash value of a totaled vehicle, finding that individual questions predominate over common ones.
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September 12, 2025
Novartis Takes Entresto Bench Trial Loss To Fed. Circ.
Novartis urged the Federal Circuit on Friday to save it from a Delaware federal judge's holding that generic-drug maker MSN Pharmaceuticals did not infringe a patent covering the blockbuster cardiovascular drug Entresto.
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September 12, 2025
Fla. Ex-Atty Banned From Pro Se Suits To Win Back House
The Florida Supreme Court has sanctioned a disbarred Tampa tax attorney and banned her from filing any more pro se complaints related to efforts to regain her house, which was taken away by court order more than eight years ago.
Expert Analysis
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Asbestos Ruling Cements All Sums Coverage Precedent In SC
With its recent decision in Protopapas v. Travelers, the South Carolina Court of Appeals becomes the highest court in South Carolina to adopt the all sums allocation approach for long-tail claims, providing key appellate precedent to support policyholders' efforts to maximize their coverage, say attorneys at Anderson Kill.
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M&A Ruling Reinforces High Bar For Aiding, Abetting Claims
The Delaware Supreme Court's recent decision in In re: Columbia Pipeline may slow the filing of aiding and abetting claims against third-party buyers in situations where buyers negotiate aggressively, putting buy-side dealmakers' minds at ease that they likely won't be liable for seeking the best possible deal, say attorneys at Simpson Thacher.
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Series
Creating Botanical Art Makes Me A Better Lawyer
Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.
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What To Expect As Calif. Justices Weigh Arbitration Fee Law
If the California Supreme Court’s upcoming ruling in Hohenshelt v. Superior Court holds that the Federal Arbitration Act does not preempt the California Arbitration Act's strict fee deadlines, employers and businesses could lose the right to arbitrate over minor procedural delays, say attorneys at Bird Marella.
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2 Circuit Court Rulings Offer A Class Certification Primer
Two recent decisions from the Third and Sixth Circuits provide guidance on the rigorous analysis of predominance that courts might require for class certification, and insights into how defendants might oppose or narrow potential class actions, say attorneys at DLA Piper.
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Supreme Court's Criminal Law Decisions: The Term In Review
Though the U.S. Supreme Court’s criminal law decisions in its recently concluded term proved underwhelming by many measures, their opinions revealed trends in how the justices approach criminal cases and offered reminders for practitioners, says Kenneth Notter at MoloLamken.
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Opinion
The Legal Education Status Quo Is No Longer Tenable
As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.
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2nd Circ. Reinforces Consensus On Vacating Foreign Awards
In Molecular Dynamics v. Spectrum Dynamics Medical, the Second Circuit recently affirmed that federal district courts do not possess subject matter jurisdiction to vacate foreign arbitral awards, strengthening this consensus across the circuits most active in recognition and enforcement actions, says Ed Mullins at Reed Smith.
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What Dismissal Rulings May Mean For ERISA Forfeiture Cases
Following an influx of Employee Retirement Income Security Act class actions challenging the long-standing practice of plan sponsors using plan forfeitures to offset employer contributions, recent motion to dismiss rulings and a U.S. Department of Labor amicus brief may encourage more courts to reject plaintiffs' forfeiture theories, say attorneys at Mayer Brown.
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Justices' Age Verification Ruling May Lead To More State Laws
The U.S. Supreme Court’s recent Free Speech Coalition v. Paxton ruling, permitting a Texas law requiring certain websites to verify users’ ages, significantly expands states' ability to regulate minors’ social media access, further complicating the patchwork of internet privacy laws, say attorneys at Troutman.
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E-Discovery Quarterly: Rulings On Relevance Redactions
In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.
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Opinion
Section 1983 Has Promise After End Of Nationwide Injunctions
After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.
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Reel Justice: 'Oh, Hi!' Teaches Attys To Return To The Statute
The new dark comedy film “Oh, Hi!” — depicting a romantic vacation that turns into an inadvertent kidnapping — should remind criminal practitioners to always reread the statute to avoid assumptions, meet their ethical duties and finesse their trial strategy, says Veronica Finkelstein at Wilmington University School of Law.
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Patent Ambiguity Persists After Justices Nix Eligibility Appeal
The Supreme Court recently declined to revisit the contentious framework governing patent eligibility by denying certiorari in Audio Evolution Diagnostics v. U.S., suggesting a necessary recalibration of both patent application and litigation strategies, say attorneys at Skadden.
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Justices' Decision Axing Retiree's ADA Claim Offers Clarity
The U.S. Supreme Court's holding in Stanley v. City of Sanford that protections under Title I of the Americans with Disabilities Act don't extend to retirees potentially limits liability by giving employers additional support to challenge complaints, and highlights the need for proactive policy management to mitigate risk, say attorneys at Jackson Lewis.