Appellate

  • April 04, 2025

    Texas Justices Deny UnitedHealthcare, Humana Records Row

    The Texas Supreme Court declined Friday to take up a dispute between United HealthCare Services Inc. and Humana Insurance Co. over whether UnitedHealthcare should have to turn over Medicare documents connected to a state retirement plan.

  • April 04, 2025

    Fed. Circ. Says AMS' $48M Trade Secrets Win Needs More Math

    The Federal Circuit ruled Friday that a Texas federal court will need to take yet another look at the prejudgment interest calculation in a $48 million-plus judgment in a trade secrets case between chipmakers AMS and Renesas over stolen light sensor technology that has been in the courts for nearly two decades.

  • April 04, 2025

    Mich. Justices Order More Arguments In Lilly Insulin Case

    Michigan's highest court will hear a second round of oral arguments on a state investigation of Eli Lilly & Co.'s insulin prices, a case that centers on a consumer protection law's safe-harbor provision.

  • April 04, 2025

    Fla. Court Sanctions Man For Made-Up Lowe's Injury

    A Florida appeals court on Friday sanctioned a man who a trial judge found concocted a story about being injured by falling garbage can lids at a Lowe's store.

  • April 04, 2025

    6th Circ. Allows Tenn. Gas Plant Pipeline To Proceed

    The Sixth Circuit on Friday rejected conservation groups' challenges to federal and state Clean Water Act approvals to a Kinder Morgan unit's pipeline that would serve a Tennessee Valley Authority natural gas-fired power plant in Cumberland City.

  • April 04, 2025

    No Basis To Upend Time Bar On Veterans' Claims, DOJ Says

    Veterans challenging a federal appeals court's ruling that a six-year statute of limitations applies to retroactive combat-related special compensation that Congress has authorized can't show lawmakers intended otherwise, the federal government told the U.S. Supreme Court.

  • April 04, 2025

    Death Row Case May Test Limits Of Federal Habeas Review

    Michael Wayne Reynolds, who was convicted of a triple murder in 2007, maintains his innocence and is asking the U.S. Supreme Court for another chance to argue that his prosecution in his trial hid potentially exculpatory evidence — in a case that strikes at the core of the ability of prisoners to bring habeas corpus challenges.

  • April 04, 2025

    11th Circ. Told Omitted Issues Void UBS Arbitration Award

    A Puerto Rican man urged the Eleventh Circuit on Friday to vacate a roughly $6.5 million arbitration award given to UBS Financial Services Inc. stemming from a long-running account contract dispute, arguing he didn't receive a fair hearing and because key issues to be resolved weren't identified in the award.

  • April 04, 2025

    Mich. Top Court Preview: Hospital Liability, Suit Deadlines

    The Michigan Supreme Court this month will consider whether it should end employers' ability to contractually shorten limitations periods for workers to sue and will examine if a Corewell Health hospital can be liable for the acts of an independent physician.

  • April 04, 2025

    Wash. Justices Won't Review Biz Group's Tax Deduction Case

    The Washington Supreme Court declined to hear an appeal from the Better Business Bureau over a lower court's denying that the group was entitled to a refund of business and occupation taxes paid to the Washington Department of Revenue in 2017.

  • April 04, 2025

    NC Panel Sides With GOP Judge In High Court Ballot Battle

    A divided North Carolina appellate panel on Friday ordered more than 60,000 voters to take corrective action or risk having their ballots discounted in the state Supreme Court race, handing the Republican challenger his first victory in a protracted battle with a Democratic incumbent for a seat on the high court bench.

  • April 04, 2025

    Wash. Justices Disbar Atty Who Stole From Client Trust Fund

    The Washington Supreme Court has found that an attorney who used a client's trust fund as a "piggy bank" to steal thousands of dollars should be disbarred, rejecting his request to set aside its usual framework for determining discipline and "make up their own mind."

  • April 04, 2025

    Guo Trustee Properly Obtained Yacht And $37M, 2nd Circ. Told

    The Second Circuit should affirm rulings that drew a $37 million escrow fund and a $23 million yacht into Chinese exile Miles Guo's Connecticut bankruptcy estate, his Chapter 11 trustee has argued, asking the appellate court to uphold multiple prior rulings in his favor.

  • April 04, 2025

    Trump Gets Supreme Court Win In Teacher Grants Case

    The U.S. Supreme Court on Friday axed a Massachusetts federal judge's order requiring the Trump administration to reinstate $250 million in teacher training grants for eight states, giving President Donald Trump his first high court win amid what he claims is a flood of unlawful court orders restraining the executive branch's power.

  • April 04, 2025

    11th Circ. Tosses Former Atty's Extortion Conviction

    The Eleventh Circuit on Friday overturned the conviction of a former criminal defense attorney for extorting a client for cash, finding in a published opinion that there was insufficient evidence.

  • April 04, 2025

    More Than 500 Law Firms Sign Onto Perkins Coie Amicus

    A group of 507 law firms, including Munger Tolles & Olson LLP and Covington & Burling LLP, have signed onto an amicus brief filed Friday supporting Perkins Coie LLP's challenge to President Donald Trump's executive order targeting the law firm.

  • April 04, 2025

    Westlaw Rival Gets Early Appeal Of 1st Fair Use AI Ruling

    The Third Circuit will be the first appeals court to weigh in on a dispute over using copyrighted material to train artificial intelligence systems after a Delaware federal court on Friday granted permission to send up questions from ROSS Intelligence Inc. over the copyrightability of Thomson Reuters' Westlaw headnotes and fair use.

  • April 03, 2025

    Optum, Express Scripts Want Judge Ousted From Opioid MDL

    Pharmacy benefit managers Optum and Express Scripts say the Ohio federal judge overseeing multidistrict opioid litigation should recuse himself because he "regularly communicates" with plaintiffs' attorneys in the litigation and is biased in favor of plaintiffs, according to a motion filed Wednesday.

  • April 03, 2025

    6th Circ. Narrows Who Is 'Consumer' Under Video Privacy Law

    A decades-old federal privacy law aimed at protecting people's video rental history doesn't cover a Paramount digital newsletter subscriber who says his data was unlawfully shared with Meta Platforms, a split Sixth Circuit ruled Thursday, determining the law only protects subscribers of audiovisual materials.

  • April 03, 2025

    5th Circ. Asks If Honor Society Jabs At Rival Are Free Speech

    A Fifth Circuit panel seemed incredulous as it tried to make sense of a bitter fight between the two biggest community college honor societies in the nation, weighing during oral arguments Thursday whether allegedly malicious Wikipedia editing and accusations of embezzlement and sexual harassment count as commercial speech.

  • April 03, 2025

    Wash. Justices To Hear Amazon Chemical Suicide Suits

    The Washington Supreme Court will review whether Amazon can be sued under the state's product liability law for the online sale of a chemical that four people used to kill themselves, in cases brought by family members that were dismissed by a lower appellate court.

  • April 03, 2025

    Gun Website Can't Sue Facebook Over Removal, Panel Says

    A Pennsylvania appeals court said Thursday it won't order Facebook and Instagram to ​reinstate an online gun marketplace's banned social media accounts, saying there is no valid claim that a state agent violated the company's free speech rights.

  • April 03, 2025

    Texas Appeals Court Reverses Exxon's $25M Insurance Win

    A Texas state appeals court reversed a $25 million judgment for Exxon Mobil on Thursday, finding that because of a policy exclusion, the company's excess insurer did not have to cover it in connection with a $35 million settlement following a deadly 2013 explosion at one of its facilities.

  • April 03, 2025

    Unvaxxed Firefighters Face Skeptical 9th Circ. In Firing Appeal

    A panel of Ninth Circuit judges questioned the argument made Thursday by eight Washington fire and rescue workers fired after refusing COVID-19 vaccinations, challenging their claim that COVID-19 infections did not create an undue hardship for their department.

  • April 03, 2025

    Ex-Judge, Profs Ask Justices To Weigh 9th Circ. Ch. 7 Ruling

    A former bankruptcy judge and five law professors have asked the U.S. Supreme Court to review a Ninth Circuit opinion protecting the state of Montana from a real estate mogul and Montana ski resort founder's bid for damages over an involuntary Chapter 7 the state initiated.

Expert Analysis

  • What FARA Enforcement In 2024 Reveals For The Year Ahead

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    A number of developments, from indictments to legislation, shaped the Foreign Agents Registration Act enforcement landscape last year, and following the U.S. Department of Justice's recently released long-awaited proposed amendments to the law, 2025 shows no signs of slowing down, says Tessa Capeloto at Wiley.

  • 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.

  • 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.

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