Appellate

  • March 26, 2025

    New Bill Would Make Supreme Court Televise Future Sessions

    The U.S. Supreme Court could conduct oral arguments in front of television cameras for the first time if a bipartisan pair of senators get their way and succeed in passing a new bill that would require the high court's open sessions to be open to the public via video.

  • March 26, 2025

    Tax Court Erred In Ex-Braves' Easement Feud, 11th Circ. Told

    Two former Atlanta Braves players reupped their arguments before the Eleventh Circuit that the U.S. Tax Court made grave errors in a case that slashed their conservation easement value, saying the federal government's failure to address those missteps shields the issues from legal scrutiny.

  • March 26, 2025

    Court Can't Hear Everglades Water Dispute, 11th Circ. Says

    Sugar companies challenging the stand-alone use of an Everglades reservoir component that will allegedly reduce water supplies can't raise the dispute in court because the U.S. Army Corps of Engineers hasn't made a final decision on its operation, according to an Eleventh Circuit opinion.

  • March 26, 2025

    Duke Energy Wins $20M In SC Investment Credits On Appeal

    Duke Energy can have about $20 million in tax credits that were disallowed by South Carolina's tax agency because the law governing the credits grants a $5 million annual limit, not a $5 million lifetime limit, an appeals court ruled Wednesday, overturning an administrative law judge.

  • March 26, 2025

    Walgreens Receipt Standing Fight Set For Illinois' Main Stage

    Illinois' top court on Wednesday accepted Walgreens' request to review an intermediate appellate panel's ruling affirming class certification in an Arizona customer's proposed class lawsuit targeting overdisclosed debit card numbers.

  • March 26, 2025

    NJ Appeals Court Says Ruling Nixing Bias Suit Thin On Details

    A New Jersey appeals court revived on Wednesday a researcher coordinator's lawsuit claiming Rutgers Cancer Institute fired her for taking time off and asking for a private work area because of a tissue disorder, finding the trial court's explanation for kicking the case to arbitration was too sparse.

  • March 26, 2025

    Texas Suit Against NCAA Over Player With CTE Brought Back

    A Texas appellate court has revived a suit against the NCAA by the family of a man who played college football in the 1960s and later died from a degenerative brain disorder, overturning a lower court's ruling that the statute of limitations had expired.

  • March 26, 2025

    10th Circ. Tosses Bid To Undo Block Of Okla. Immigration Law

    The Tenth Circuit dismissed Oklahoma's appeal of a district court ruling enjoining a state law barring unauthorized immigrants from residing in the state, saying the matter is moot after the Trump administration dismissed the underlying suit.

  • March 26, 2025

    Del. Justices Back Axing Suit Over $3B AstraZeneca Viela Sale

    The Delaware Supreme Court on Wednesday upheld without elaboration the dismissal of a Court of Chancery lawsuit accusing AstraZeneca PLC of lining up a conflicted, underpriced $3 billion sale of clinical stage biopharmaceutical venture Viela Bio Inc.

  • March 26, 2025

    RI Pot License Program Unconstitutional, 1st Circ. Told

    A California lawyer who has brought constitutional challenges to state and local cannabis licensure programs across the country told the First Circuit on Tuesday that a lower district judge erred in dismissing an action against Rhode Island marijuana regulators.

  • March 26, 2025

    State AGs, Bars Urge Attys To Speak Up Over Trump Orders

    In a pair of letters released on Wednesday, dozens of bar associations and over 20 state attorneys general urged lawyers to speak out against perceived threats to the rule of law in response to President Donald Trump's recent executive orders against prominent law firms and his call for the impeachment of a federal judge.

  • March 26, 2025

    Del. Justices Seek Reasons To Revive Raytheon Incentive Suit

    Delaware's chief justice pressed a stockholder attorney Wednesday to provide more justification for resurrecting a Chancery Court suit claiming the company didn't seek stockholder approval for allegedly unfair changes to a multimillion-dollar RTX Corp. incentive plan.

  • March 26, 2025

    3rd Circ. Says Atty 'Friends Turned Foes' Had No Contract

    The Third Circuit on Wednesday stood by a New Jersey federal judge's decision to dismiss a breach of contract counterclaim brought in a yearslong fee dispute between two attorneys and former partners, agreeing with the lower court that "the friends turned foes never entered a binding contract."

  • March 26, 2025

    11th Circ. Appears Dubious Of Ex-Judge's Defamation Claims

    An Eleventh Circuit panel appeared skeptical Wednesday of former Alabama judge Roy Moore's claims that he was defamed by a Democratic PAC's ad referencing allegations that he made sexual advances on underage girls, suggesting the court could strike an $8 million verdict he won after the charges dragged down his 2017 bid for U.S. Senate.

  • March 26, 2025

    Ex-CEO Says McGuireWoods Can't Rehash Immunity Appeal

    McGuireWoods LLP and one of its former partners are rehashing immunity defenses in a last-ditch effort to dodge a long-running defamation case, the former CEO of a managed care organization told the North Carolina Court of Appeals in seeking to have the case kicked back down to the trial court.

  • March 26, 2025

    Even With Few Openings, Courts Can Still Shift Under Trump

    There were record low vacancies on the federal bench when Donald Trump took office in January, but the president could still radically alter some courts and swing the judiciary rightward, especially if Congress creates more judgeships during his second tenure.

  • March 26, 2025

    Del. Justices Urged Not To Open Malpractice Suit 'Floodgates'

    Attorneys representing Brockstedt Mandalas Federico LLC and Schochor Staton Goldberg & Cardea PA urged the Delaware Supreme Court on Wednesday to reject a bid to revive a malpractice suit filed over damages sought for a child's "catastrophic injuries" allegedly caused by contamination from a chicken plant, saying doing so could open "floodgates" for similar suits.

  • March 26, 2025

    Fla. Appeals Court Upholds Fees For Medical Pot Businesses

    Florida's intermediate appellate court on Wednesday affirmed that the state's Department of Health acted within its authority when it enacted rules requiring medical marijuana dispensaries to pay more than a million dollars in license renewal fees every other year.

  • March 26, 2025

    Pa. Panel Says Summer Camp Doesn't Make Worker Seasonal

    An injured "excursion director" for a Pennsylvania campground can't be considered a seasonal employee — and thus entitled to less in workers' compensation — based solely on the camp's summer operations, a state appellate court ruled Wednesday.

  • March 26, 2025

    Mich. Supreme Court To Review Pair Of Auto Law Appeals

    The Michigan Supreme Court agreed Wednesday to take up two car insurance appeals that will see the justices examining the standard for taking a vehicle "unlawfully" and whether a nonresident's tort claims are barred because he should have been carrying Michigan car insurance. 

  • March 26, 2025

    Ore. Lawyer Challenges Forced Bar Membership At High Court

    An Oregon attorney is asking the U.S. Supreme Court to hear his case after the Ninth Circuit found that the state bar violated his First Amendment right to freedom of association by publishing political statements — which included criticism of President Donald Trump — but also said a disclaimer that the bar doesn't speak for all its members could be enough to fix it.

  • March 26, 2025

    Illinois Supreme Court Denies Co.'s BIPA Coverage Appeal

    The Illinois Supreme Court left intact an intermediate appellate panel's decision relieving two Liberty Mutual units of covering a home decor company in its underlying dispute with employees who said its timekeeping practices are in violation of the state's biometric data privacy law.

  • March 26, 2025

    Fed. Circ. Affirms Apple PTAB Win Over Location-Tracking IP

    The Federal Circuit on Wednesday backed a Patent Trial and Appeal Board finding that Apple was able to show numerous claims in a patent covering location-tracking beacons were invalid, handing another win to the tech giant in an intellectual property fight with the patent owner.

  • March 26, 2025

    Trump Admin Asks Justices To End 'Fiscal Micromanagement'

    The U.S. Department of Education asked the Supreme Court on Wednesday to vacate a Boston federal judge's order reinstating $250 million in teacher training grants that the Trump administration targeted for cuts, saying the case presents an ideal vehicle to put a stop to "district-court fiscal micromanagement" of the executive branch.

  • March 26, 2025

    Governor Quickly Signs Delaware Corporate Law Revision Bill

    Delaware's governor has promptly signed into law closely watched legislation that has been described as an overhaul of the First State's corporation law.

Expert Analysis

  • Lessons Learned From 2024's Top ADA Decisions

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    Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • The 6 Most Significant FCRA Litigation Developments Of 2024

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    From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.

  • Fed. Circ. In December: A Patent Prosecution History Lesson

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    Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.

  • The Securities Litigation Trends That Will Matter Most In 2025

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    2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • What To Watch For In The 2025 Benefits Landscape

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    While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.

  • Reviewing 2024's Crucial Patent Law Developments

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    As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.

  • Contract Disputes Recap: Adjustments, Preclusion, Waivers

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    Ken Kanzawa at Seyfarth examines three recent decisions from the Civilian Board of Contract Appeals, the U.S. Court of Federal Claims and the Armed Services Board of Contract Appeals that examine distinctions between requests for equitable adjustments and claims, forum selection and res judicata, and the waiver of penalties for expressly unallowable costs.

  • The Justices' Securities Rulings, Dismissals That Defined '24

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    The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.

  • 10 Noteworthy CFPB Developments From 2024

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    In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

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    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

  • 2024 Has Been A Momentous Year For ESG

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    Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.

  • Making The Pitch To Grow Your Company's Legal Team

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    In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

  • Justices May Find Gov't Can Keep Fraudulent Transfer Benefit

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    Based on the justices' questions at the recently argued U.S. v. Miller, the Supreme Court appears prepared to hold that the U.S. — unlike any other creditor — is permitted to retain the benefits of a fraudulent transfer to the detriment of other bankruptcy creditors, says Kevin Morse at Clark Hill.

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