Appellate

  • April 10, 2025

    NSO Hack Needed Apple's Calif. Servers, Foreign Journos Say

    Counsel for a group of El Salvador-based journalists urged the Ninth Circuit on Thursday to revive a lawsuit accusing Israeli spyware maker NSO Group of hacking their iPhones, saying the case belongs in California federal court because the alleged attacks relied on Apple's servers within the Golden State.

  • April 10, 2025

    Holmes Seeks Full 9th Circ. Review Of Theranos Fraud Appeal

    Convicted Theranos Inc. founder Elizabeth Holmes has asked the Ninth Circuit for en banc review of a panel's decision to affirm her criminal fraud conviction and 11-year prison sentence, saying problems with the opinion included a "time-warping relevance theory."

  • April 10, 2025

    3rd Circ. Backs Hospital In Doctor's COVID Vaccine Bias Suit

    The Third Circuit on Thursday upheld a Philadelphia-area health system's win over an emergency room doctor's suit claiming he was unlawfully denied a religious exemption from its COVID-19 vaccination policy, saying the hospital demonstrated that granting his request would have been too difficult.

  • April 10, 2025

    1st Circ. Says Immigration Board Ignored Key Evidence

    The First Circuit has unraveled a Board of Immigration Appeals decision, saying it failed to consider key evidence in a psychological report about the impact the removal of Guatemalan parents would have on the mental health of one of their children.

  • April 10, 2025

    NC Justices Asked To Weigh In On Pot Burden Of Proof

    A man convicted of drug trafficking is asking the North Carolina Supreme Court to weigh in on the charges against him for selling cannabis, saying the state failed to show that it wasn't legal hemp at trial.

  • April 10, 2025

    Pa. Justices Try To Referee Pittsburgh's 'Jock Tax'

    Pennsylvania's Supreme Court justices looked to punt Thursday on whether the city of Pittsburgh's "jock tax" was uniform enough to pass constitutional muster, taking the unusual step of ordering extra briefing on how the city might offer tax credits for the 3% levy it put on nonresident entertainers' income earned at publicly funded venues.

  • April 10, 2025

    Conn. Firm Fights Atty Fee Award In Client's Suit Over Scam

    Connecticut law firm Mancini Provenzano & Futtner LLC has asked a Constitution State court to reconsider its decision to award attorney fees and prejudgment interest to a former client after a fraudster used the firm's email system to rob the client of $90,586, arguing there was no bad faith to warrant such an award.

  • April 10, 2025

    Judge On Bid To Redo Wawa Breach Atty Fees: 'I Don't Buy It'

    A Third Circuit panel on Thursday considering a class member's request to reconsider a $3.2 million attorney fee award in the Wawa data breach litigation seemed unconvinced of the argument that the number was the result of side-dealing attorneys, with one judge telling counsel, "I don't buy it."

  • April 10, 2025

    Conn. Justices Seem Open To Redo Of Atty's Scam Damages

    Justices of the Connecticut Supreme Court appeared sympathetic Thursday to an attorney's argument that they should boost the damages he won against scammers in an identity theft case, and asked probing questions about how the $450,000 award was calculated, then recalculated, in two lower courts.

  • April 10, 2025

    Texas Supreme Court Justice Boyd To Retire

    Texas Supreme Court Justice Jeff Boyd is leaving the court this summer after more than a decade of service and ahead of the expiration of his term.

  • April 10, 2025

    Colo. Supreme Court Rejects Fire Plaintiffs' Trial Opt-Out Bid

    The Colorado Supreme Court has declined to hear a challenge to a judge's plan for a single liability trial on thousands of consolidated claims alleging Xcel Energy and two telecom companies are responsible for a 2021 wildfire.

  • April 10, 2025

    Fed. Circ. Refuses SAP's Bid To Transfer EDTX Patent Case

    The Federal Circuit on Thursday shut down an attempt by major German software company SAP SE, which is represented by former U.S. Patent and Trademark Office Director Kathi Vidal, to transfer a patent infringement suit out of the Eastern District of Texas' Marshall division to the Sherman branch.

  • April 10, 2025

    DC Circ.'s Views Of Hospital's Union Offers Tough To Read

    The D.C. Circuit's leanings were tough to glean Thursday as judges raised few questions about a National Labor Relations Board ruling that George Washington University Hospital's aggressive bargaining proposals showed it approached negotiations with a longtime union in bad faith.

  • April 10, 2025

    Gaming Board's Stance 'Not Helpful' To BetMGM, Justice Says

    Michigan Supreme Court justices on Thursday sounded somewhat skeptical that a state gambling law preempts an online bettor from suing BetMGM over its refusal to pay out $3 million in winnings, noting the state's gaming board said it doesn't have the authority or resources to take on civil claims unrelated to regulating internet gaming.

  • April 10, 2025

    NJ Panel Tosses Mall Owner's Bid To Spike Mixed-Use Project

    A New Jersey appeals panel rejected a Newark shopping center owner's attempt to compel a builder to construct a parking garage instead of a mixed-use project on an adjacent property by citing a 2004 city plan.

  • April 10, 2025

    Del. Justices Urged To Revive Gellert Seitz Malpractice Case

    A homebuilder is asking the Delaware Supreme Court to undo Gellert Seitz Busenkell & Brown LLC's win in a legal malpractice case over damages the builder says it suffered due to negligent representation in loan restructuring disputes with a bank.

  • April 10, 2025

    Mich. Justices Mull Hospital's Liability For Contract Doc's Acts

    The Michigan Supreme Court on Thursday weighed a Corewell Health hospital's possible vicarious liability for independent physicians practicing within the hospital, with one justice pushing back on the idea that liability would be limited to emergency rooms.

  • April 10, 2025

    6th Circ. Won't Block New Ky. Vape Regulations

    The Sixth Circuit won't block enforcement of newly enacted e-cigarette regulations in Kentucky, saying the vaping interests' delays in bringing their suit against the state and asking for an injunction undermine their claims that they face "irreparable" harm.

  • April 10, 2025

    6th Circ. Backs Ford In Race, Sexual Harassment Suit

    The Sixth Circuit declined to scrap a jury win for Ford Motor Co. in a Black ex-employee's suit claiming she was sexually assaulted and racially harassed on the job, ruling the verdict lined up with a lack of evidence that Ford could have stopped the alleged mistreatment sooner.

  • April 09, 2025

    Asian American Bar To 9th Circ.: Protect Birthright Citizenship

    Asian Pacific American bar associations on Wednesday urged the Ninth Circuit to uphold a block on President Donald Trump's executive order on birthright citizenship, saying Trump distorted a seminal 1898 U.S. Supreme Court ruling that affirmed U.S. citizenship to a man born in California to Chinese parents.

  • April 09, 2025

    9th Circ. Judge Says New AB 5 Args 'More Nails In The Coffin'

    A Ninth Circuit judge appeared skeptical Wednesday of a renewed challenge to California's A.B. 5 independent contractor test bought by a trucking association, telling an attorney his client's previous arguments were "better before" and the new ones may just be "more nails in the coffin."

  • April 09, 2025

    Split 11th Circ. Denies Rehearing In Ga. Tech Title IX Case

    A sharply divided Eleventh Circuit refused Tuesday to grant a full-court rehearing of a panel decision ending a sex discrimination suit from Georgia Tech's longtime women's basketball coach, prompting a rebuke from the court's Democratic-appointed judges who said the court has "just failed to learn the lesson" that educators deserve a right of action under Title IX.

  • April 09, 2025

    Justice Explores 'Reasonableness' In Worker Contract Case

    Michigan's Supreme Court on Wednesday weighed the possibility of reintroducing a judicial test — abolished 20 years ago — to consider whether employment contracts that shorten the time frame within which a worker can sue are reasonable as an employee urged a finding that such contract terms weaken workers' civil rights protections.

  • April 09, 2025

    Tribe Warns High Court Of Dire Impact If Land Trust Bid Fails

    A Michigan tribe seeking to undo an order denying its bid to compel the federal government to take 73 acres into trust for a casino venture outside of Detroit says a Supreme Court rejection of its petition will have disastrous consequences for its members and other similarly situated tribes.

  • April 09, 2025

    'You Won,' Fed. Circ. Judge Tells Drug Co. Fighting Injunction

    The Federal Circuit vacated an injunction Wednesday that had barred Sun Pharmaceutical from launching its alopecia drug Leqselvi, less than an hour after oral arguments where the judges had little sympathy for a patent owner that was years away from bringing its drug to market.

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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