Appellate

  • March 07, 2025

    Dem AGs Back NLRB In Appeal Over Board Functionality

    Nearly two dozen Democratic attorneys general have backed the National Labor Relations Board in a Sixth Circuit fight over the agency's ability to adjudicate unfair labor practice cases, saying workers' rights under labor law would be trampled if the agency is restrained from performing its duties.

  • March 07, 2025

    Fed. Circ. Says Judge Misconstrued Term In Tactical Vest Row

    A Federal Circuit ruling on Friday reversed a finding from a Florida federal judge on constructing the phrase ​​"pull cord," reviving a fight over a patented system for making tactical vests easier to take off.

  • March 07, 2025

    Judicial Impeachment Calls Could Drive Anger At Bench

    Twenty-nine years ago, then-U.S. Chief Justice William Rehnquist laid out a cautionary tale on impeachments of judges.

  • March 07, 2025

    Greenspoon Marder Beats Fla. Suit After Missed Arbitration

    Greenspoon Marder LLP has secured a Florida state appellate decision that upheld the dismissal of a malpractice suit against the firm over its representation of a luxury concierge service because the business failed to comply with a court order to engage in arbitration.

  • March 07, 2025

    Off The Bench: NASCAR Feud Grows, ACC Peace, NCAA Wins

    In this week's Off The Bench, NASCAR insists that the two teams suing it are the real antitrust bullies, the ACC keeps two valued and valuable members in the fold, and a baseball player ends his court fight to play another year in college.

  • March 07, 2025

    2nd Circ. Backs Warrantless Utility Pole Surveillance

    The Second Circuit on Friday ruled that police using cameras mounted to utility poles to observe potential criminal activity without a warrant does not amount to an illegal search under the Fourth Amendment, comporting with other circuits that have pondered the same issue.

  • March 07, 2025

    NC High Court Hopeful Fights Judge's Recusal Over Donation

    A Republican judge challenging ballots cast in the North Carolina Supreme Court race he lost by 734 votes said his colleague on the state Court of Appeals shouldn't be recused from hearing his case because he contributed to the GOP jurist's campaign, noting the panel hasn't even been selected yet.

  • March 07, 2025

    Mich. Justices Kick PFAS Rule Challenge Back To Panel

    The Michigan Supreme Court on Friday punted 3M Co.'s challenge to state regulations limiting PFAS in tap water to a lower court to address subsequent regulatory developments and answer whether the company should have pursued an administrative appeal before suing.

  • March 07, 2025

    10th Circ. Urged To Reject Bid To Nix Microcaptive Notice

    The federal government urged the Tenth Circuit to affirm a ruling that rejected a plumbing supply company's request to invalidate an IRS notice that added reporting requirements for certain microcaptive insurance arrangements, saying the lower court correctly found the suit would illegally hinder tax collection.

  • March 07, 2025

    Goldstein Must Be Tracked Amid 'Ongoing' Crimes, Feds Say

    The federal government has doubled down on allegations that U.S. Supreme Court advocate and SCOTUSblog publisher Tom Goldstein has been secretly moving cryptocurrency, urging a federal judge to keep monitoring his electronic devices to prevent him from fleeing tax evasion charges.

  • March 07, 2025

    Retrial In Landmark Graft Case Faces Potential Roadblocks

    A retrial in a public corruption case tied to an infrastructure initiative under former New York Gov. Andrew Cuomo faces possible obstacles after being returned to a federal judge by the U.S. Supreme Court, with the parties awaiting further legal guidance from the justices and the defense saying the Trump administration's priorities may sink the case.

  • March 06, 2025

    Amid Court Setbacks, Trump Wants Foes To Foot Legal Bills

    With judges hitting the brakes on the White House's aggressive agenda, President Donald Trump on Thursday vowed to up the ante with his legal adversaries by seeking legal costs and damages if his administration ultimately prevails after initial setbacks in litigation.

  • March 06, 2025

    Ariz. Firm Urges Justices To Hear Suit Over Ad Search Terms

    A Phoenix personal injury firm is going to the U.S. Supreme Court after losing its trademark lawsuit over Google advertising search terms, warning the justices that a rival's online "bait and switch" advertising tactics have "confused hundreds, if not thousands, of potential clients."

  • March 06, 2025

    Feds Say 11th Circ. Should Affirm Value Of Ex-Braves' Farm

    Despite dropping a bid for civil fraud penalties this week against two former Atlanta Braves players accused of overvaluing a conservation easement donation, the federal government has told the Eleventh Circuit it still stands by a U.S. Tax Court ruling that the players' valuation of the property was "firmly planted in the realm of fantasy."

  • March 06, 2025

    Crypto Cos. Want Justices To Settle Venue Statute Circuit Split

    A Binance-branded U.S. exchange and affiliated crypto data site CoinMarketCap have asked the U.S. Supreme Court to settle what they call a circuit split over whether a trader must show the firms had contacts in their state, or if ties to the country as a whole are enough to press a manipulation claim under the Commodity Exchange Act.

  • March 06, 2025

    High Court Urged To Toss $22M SEC Disgorgement Order

    An investment advisory firm has asked the U.S. Supreme Court to review a First Circuit ruling that upheld an order for the firm to pay $22 million in disgorgement to the U.S. Securities and Exchange Commission, arguing that courts cannot impose disgorgement when investors have not suffered any financial harm.

  • March 06, 2025

    9th Circ. Shreds 'Muddled' Argument In Amazon Antitrust Case

    A panel of the Ninth Circuit on Thursday picked apart arguments from consumers in their lawsuit alleging Amazon violated antitrust law through the e-commerce giant's fulfillment services, with the judges saying an amended complaint was "extraordinarily light on any actual evidence" and the arguments appeared "muddled."

  • March 06, 2025

    Fed. Circ. Judge Stresses Unknown Software To Fintiv, Apple

    A Federal Circuit panel expressed frustration Thursday as it struggled to get straight answers regarding whether Apple's products have a "widget" that would infringe Fintiv's contactless payment patent, with one judge ending arguments by saying that "after 45 minutes here, I'm still not clear what the widget does."

  • March 06, 2025

    Wheeling & Appealing: The Latest Must-Know Appellate Action

    Believe it or not, there's still important litigation happening that doesn't involve President Donald Trump, and the proof exists in this month's circuit court calendars. During the remaining weeks of March, arguments will explore numerous high-profile topics, including a law firm's severe punishment for alleged misconduct in 9/11 litigation and a judicial rebuke of Trader Joe's for "an attempt to weaponize the legal system."

  • March 06, 2025

    6th Circ. Backs $100K For Ky. Couple Denied Marriage License

    The Sixth Circuit upheld $100,000 in damages awarded to a couple denied a marriage license by Kentucky clerk Kim Davis on Thursday, affirming that she is liable for ignoring the U.S. Supreme Court's recognition of same-sex couples' right to marry. 

  • March 06, 2025

    California City Abandons Battle Over Affordable Housing

    A wealthy Southern California city wants to drop its appeal of a legal nonprofit's suit that was filed over the city's opposition to a mixed-income affordable-housing project, according to a filing in a state appellate court.

  • March 06, 2025

    Insurer's 9th Circ. Procedural Win Highlights Appraisal Rules

    A Ninth Circuit panel affirmed that a property owner could not litigate its insurer's failure to pay for losses before a required appraisal to resolve disagreements, highlighting the importance of appraisal provisions and how they could limit potential policyholder challenges. Here, Law360 speaks to Colin Kemp, an insurance recovery attorney for Pillsbury Winthrop Shaw Pittman LLP, about Mount Vernon Specialty Insurance Co.'s procedural victory and its implications for coverage challenges.

  • March 06, 2025

    Texas Court Orders 400-Mile Transfer For Discrimination Suit

    A Texas appeals court has granted a Fort Worth-based energy company's request to have a former employee's lawsuit accusing it of discrimination and libel transferred hundreds of miles from Hidalgo County to Tarrant County, where it is located.

  • March 06, 2025

    Del. Corporate Law Rework Under Pressure At Tulane

    An attorney whose firm largely represents investors and consumers told a corporate law conference in New Orleans on Thursday that the list of plaintiff-friendly rulings that would be effectively overturned by a pending corporation law bill in Delaware "will probably be just as long as the bill itself."

  • March 06, 2025

    9th Circ. Nixes Challenge To Wash. Abortion Coverage Law

    A split Ninth Circuit panel on Thursday rejected a Christian church's challenge to a Washington state law requiring employer health plans to cover abortion services, saying the church could invoke its religious beliefs to skirt the challenged obligations.

Expert Analysis

  • Issues To Watch In 2025's ERISA Litigation Landscape

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    Whether 2024’s uptick in new Employee Retirement Income Security Act cases will continue this year will likely depend on federal courts’ resolution of several issues, including those related to excessive fees, defined contribution plan forfeitures, and pleading standards for ERISA-prohibited transaction claims, say attorneys at Groom Law.

  • Patent Ruling Sheds Light On Printed Matter Doctrine

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    Patent attorneys should pay attention to the claim language highlighted in Ioengine v. Ingenico, where the Federal Circuit held that program code was not printed matter, but essentially instructions or content, and therefore not subject to the printed matter doctrine for patent challenges, says Irah Donner at Manatt.

  • Calif. Justices' Options In Insurance Exhaustion Case

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    Fox Paine v. Twin City Fire Insurance may serve as the California Supreme Court's opportunity to firmly establish precedent with respect to a strict adherence to excess insurance policies' exhaustion provisions when the language is clear and explicit, says Aiden Spencer at Langsam Stevens.

  • Justices Could Stitch Up ERISA Circuit Split With Cornell Case

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    In Cunningham v. Cornell, scheduled for oral arguments next week, the U.S. Supreme Court has the opportunity to provide uniform pleading standards for Section 1106(a) of the Employee Retirement Income Security Act, the lack of which has vexed circuit courts and benefits counsel for years, says Scott Tippett at Offit Kurman.

  • Considering The Status Of The US Doctrine Of Patent Misuse

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    A recent Ninth Circuit decision and a U.K. Court of Appeal decision demonstrate the impact that the U.S. Supreme Court's 2015 decision in Kimble v. Marvel Entertainment has had on the principle that post-patent-expiration royalty payments amount to patent misuse, not only in the U.S. but in English courts as well, say attorneys at Covington.

  • Series

    Playing Rugby Makes Me A Better Lawyer

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    My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.

  • Looking Back At 2024's Noteworthy State AG Litigation

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    State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.

  • Opinion

    No, Litigation Funders Are Not 'Fleeing' The District Of Del.

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    A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.

  • The Compliance Trends And Imperatives On Tap In 2025

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    The corporate ethics and compliance landscape is rapidly evolving, posing challenges from conflicting stakeholder expectations to technological disruptions, and businesses will need to explore human-centered, data-driven and evidence-based practices, says Hui Chen at CDE Advisors.

  • Opinion

    Congress Should Finally Add Clarity To Section 101

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    With both the U.S. House of Representatives and Senate introducing bills to provide guidance on what qualifies as patentable subject matter under the Patent Act, Congress will hopefully put an end at last to 10 years of uncertainty surrounding the question, says David Carstens at Carstens Allen.

  • 5 Advertising Law Trends To Watch In 2025

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    Although advertisers are encouraged by the incoming Trump administration's focus on deregulation, this year could feel like wading through uncharted waters, and decreased federal government regulation may mean increased state regulation, say attorneys at Reed Smith.

  • 5 E-Discovery Predictions For 2025 And Beyond

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    In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.

  • NY Plastic Pollution Verdict May Not Bode Well For Other Suits

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    The dismissal of New York state's public nuisance complaint against PepsiCo over pollution of the Buffalo River with the company's single use plastic bottles may not augur well for similar lawsuits filed by Baltimore and Los Angeles County, although tort law varies from state to state, say attorneys at Winston & Strawn.

  • What To Expect From Federal Cybersecurity Policy In 2025

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    There are 12 cyber policy questions to keep an eye on as the new administration and Republican control of Congress present an opportunity to advance less regulatory approaches and revisit some choices from the prior administration, say attorneys at Wiley.

  • Bid Protest Spotlight: Certification, Lateness, SBA Eligibility

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    In this month's bid protest roundup, Cody Fisher at MoFo examines three recent decisions from the U.S. Court of Appeals for the Federal Circuit and the U.S. Government Accountability Office that address the treatment of a proposal that was timely submitted but received late, and highlight nuances of certification and small business eligibility requirements.

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