Appellate

  • March 25, 2025

    Florida High Court Forms Group To Examine Judicial Security

    The Florida Supreme Court has created a new working group on judicial security and tasked it with developing a report over the next year on threat reduction, detection and response.

  • March 25, 2025

    Pittsburgh Paper Must Bargain With Union, 3rd Circ. Says

    The Pittsburgh Post-Gazette will have to bargain with its reporters' union over wages and other changes in employment terms and restore healthcare, the Third Circuit ruled, partially agreeing to enforce a National Labor Relations Board ruling.

  • March 25, 2025

    Womble Bond Atty's Contempt Order Isn't Final, 4th Circ. Told

    A federal judge's order holding a Womble Bond Dickinson partner in contempt of court over misrepresentations he allegedly made to a foreign tribunal isn't a final decision capable of being appealed, a software company told the Fourth Circuit in seeking to have the appeal tossed.

  • March 25, 2025

    Calif. Justices Revive Bounty Hunter's Claims Against SF Atty

    The California Supreme Court has ruled that a fugitive recovery agent's claims of malicious prosecution against an attorney who represented clients who sued the agent after their Oakland residence was searched via drug trafficking warrants were not untimely, finding that a one-year statute of limitations did not apply because the agent is not the attorney's client.

  • March 25, 2025

    Coffee Drink Co. Asks Justices To Review TM Fight With Pepsi

    A company that makes nitro-brewed coffee drinks called "Rise" has asked the U.S. Supreme Court to answer whether the strength of a trademark is a question of law to be decided by judges after the Second Circuit affirmed the dismissal of a lawsuit against PepsiCo.

  • March 25, 2025

    4th Circ. Won't Rehear Drug Price-Fixing Class Action

    The Fourth Circuit said Tuesday it will not hold a full court rehearing of its panel decision to back the dismissal of a proposed class action accusing drugmakers of conspiring and inflating the price of a medication for Huntington's disease, a suit the panel called "shaky at best."

  • March 24, 2025

    Justices Won't Hear Insurance Dispute Over Claim Timeliness

    The U.S. Supreme Court on Monday rejected a California woman's bid to certify questions to Massachusetts' top court about when exactly an insurer must show it was prejudiced by an insured's late claim notice, letting stand a First Circuit decision that also refused to certify such questions.

  • March 24, 2025

    Justices Told To Eye TM Time Limits In Samsung Unit Feud

    After seeing its trademark lawsuit against a Samsung subsidiary transferred to a court where the case was outside the statute of limitations, a small New Jersey company that sells electronics accessories now wants the nation's highest court to address trademark law's "patchwork of inconsistent limitations periods."

  • March 24, 2025

    DC Circ. Appears Divided In Venezuelan Deportation Appeal

    A D.C. Circuit panel seemed split on Monday as the appellate judges contended with the Trump administration's bid to dissolve a trial court order blocking the deportations of some Venezuelan nationals to El Salvador under the 1798 Alien Enemies Act.

  • March 24, 2025

    Kimmel's Use Of Santos Videos Not Fair, 2nd Circ. Told

    Cameo videos recorded by former U.S. Rep. George Santos were designed to be satirical jokes, and their rebroadcast by ABC comedian Jimmy Kimmel was not a transformative work protected by the copyright law's fair use doctrine, Santos' attorney told the Second Circuit on Monday.

  • March 24, 2025

    Venezuelans Seek Hold On End To DHS Removal Protections

    Lawyers representing Venezuelans living in the United States urged a California federal judge on Monday to pause actions by Homeland Security Secretary Kristi Noem that would end temporary deportation protections for hundreds of thousands of Venezuelans in the country, saying the actions were driven in part by racial animus.

  • March 24, 2025

    T-Mobile, Customers Push Dish For Docs In Sprint Merger Suit

    T-Mobile and the customers suing over its 2020 merger with Sprint are both asking an Illinois federal judge to force Dish to turn over discovery documents, with the plaintiffs claiming the documents are key to showing why Dish never became an effective competitor in the wireless market.

  • March 24, 2025

    Mich. Justices Partially Side With Disney In Escheat Fight

    The Michigan Supreme Court ruled Monday that the state's audits of Disney and of IHOP's owner didn't pause the statute of limitations to require remittance of unclaimed property, but it said a lower court must determine whether the statute resets after an audit determination is issued.

  • March 24, 2025

    'Enough Is Enough': Tornado Cash Users Demand Judgment

    Challengers to the Treasury Department's now-dissolved sanctions of crypto mixer Tornado Cash on Monday urged a Texas federal judge to make clear that the designation was unlawful despite the government's claims that the case is moot now that it has removed Tornado Cash from its blocked persons list.

  • March 24, 2025

    Justices Urged To Weigh In On Skinny Label Dispute

    A generic-drug industry organization and a group of scholars are urging the U.S. Supreme Court to scrutinize a Federal Circuit decision they say undermines the process for getting generic drugs to market under so-called skinny labels.

  • March 24, 2025

    Byron Allen Can't Revive $100M McDonald's Fraud Suit

    A California appeals court on Monday refused to revive Byron Allen's $100 million fraud lawsuit over McDonald's 2021 pledge to spend more advertising money on Black-owned media, saying the fast food giant did not make an actionable business commitment by "joining a national dialog on racial inequity."

  • March 24, 2025

    Chancery OKs Paramount Global Docs Suit For Interim Appeal

    Citing unsettled issues covering the use of confidential sources and pre- or post-petition evidence in stockholder books and records cases, a Delaware vice chancellor on Monday asked Delaware's Supreme Court for mid-case review of a decision that revived a Paramount Global records demand suit.

  • March 24, 2025

    Fed. Circ. Affirms Invalidity Finding In Tape Patent Fight

    The Federal Circuit on Monday backed a lower court's finding that a patent covering a type of marking tape was invalid as anticipated, while also mostly upholding a sanctions award that tape manufacturer ShieldMark secured in the case accusing it of infringement.

  • March 24, 2025

    4th Circ. Halts Removal Of PFAS Suits Against 3M

    The Fourth Circuit agreed on Monday to halt a panel's split decision allowing 3M to remove to federal court lawsuits brought by Maryland and South Carolina alleging environmental contamination from forever chemicals, while it considers their request for rehearing.

  • March 24, 2025

    Fed. Circ. Cuts $2.6M From $10M Car Wash Patent Verdict

    The Federal Circuit on Monday cut nearly $2.6 million from an over $10 million verdict against Wash World Inc. for infringing a rival's car wash patent, saying that part of the award involved products unrelated to the patent, but refused to undo the infringement finding.

  • March 24, 2025

    Justices Asked To Weigh Mississippi Ban On Medical Pot Ads

    The owner of a Mississippi medical marijuana company has asked the U.S. Supreme Court to hear a First Amendment challenge to the state's ban on cannabis advertisements, which was recently upheld by the Fifth Circuit.

  • March 24, 2025

    NC Justices Set Preservation Rule For Bids To Undo Verdicts

    The former CEO of a high-speed knitting machine manufacturer failed to preserve key arguments at the trial court in his efforts to undo a jury's $3 million award against him for self-dealing, North Carolina's highest court said Friday, using his case to endorse preservation requirements for parties asking a judge to overturn a jury verdict.

  • March 24, 2025

    IRS Abused Its Power In Levy Suit, Justices Told

    A New Jersey woman should be allowed to continue challenging her tax debt in a property seizure hearing after the IRS withheld her tax refunds and dropped its levy pursuit, business and tax groups told the U.S. Supreme Court on Monday, saying the agency had abused its power.

  • March 24, 2025

    NFL Blew Chance To Keep Atty Fees, Ex-Player Tells 5th Circ.

    Former NFL player Michael Cloud, whose award of disability benefits by the league was reversed in 2023, told the Fifth Circuit that the league had forfeited its chance to reverse the awarding of attorney fees and should have its second attempt thrown out.

  • March 24, 2025

    Fed. Circ. Reverses PTAB Decision On Logistics Patent App

    The Federal Circuit ruled Monday that it disagreed with how the Patent Trial and Appeal Board interpreted legal precedent on prior art, telling it to take another look at a patent application covering early online innovations in the freight transit sector that was filed more than two decades ago.

Expert Analysis

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • Lessons Learned From 2024's Top FMLA Decisions

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    Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

  • 5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle

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    The Fifth Circuit's recent en banc opinion vacating Nasdaq's board diversity listing rule wades into the hotly debated topic of diversity, equity and inclusion initiatives at a time when many public companies are navigating the attention that DEI commitments are drawing from activists and shareholders, say attorneys at Debevoise.

  • 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.

  • 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.

  • 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.

  • 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.

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