Appellate

  • February 28, 2025

    9th Circ. Backs Developer's Conviction For Bribing LA Pol

    The Ninth Circuit upheld a developer's conviction for bribing former Los Angeles City Councilor Jose Huizar to foil a challenge to a downtown project, ruling Thursday the district court didn't have to instruct jurors that the government had to prove the developer bribed Huizar to take a specific, official act.

  • February 28, 2025

    Wash. Judge Picks Apart Parents' Hospital Data Privacy Suit

    A Washington appellate judge on Friday grilled parents seeking to revive their proposed privacy class action against a Seattle hospital, expressing frustration with their argument that state wiretapping law could apply to an individual's queries to a public-facing website.

  • February 28, 2025

    Mich. Justices Reject Credit Suisse's NOL Carryforward Bid

    The Michigan Supreme Court on Friday denied Credit Suisse's bid to appeal a lower court's decision that barred the bank from straying from the federal method of determining taxable income to carry forward $21.3 million in losses on its state returns.

  • February 28, 2025

    Ex-UBS Financial Adviser Must Pay $2M Back, 11th Circ. Told

    UBS urged the Eleventh Circuit on Friday to undo rulings in a bankruptcy adversary case precluding a former financial adviser from paying back the proceeds of a $2 million loan deposited in a joint account with his wife, saying the funds shouldn't be immune to creditors.

  • February 28, 2025

    Dartmouth Wants Fed. Circ. To Ax Fees After Vitamin IP Loss

    Dartmouth College is appealing a Delaware federal court's $9.1 million fee award after losing a fight over milk vitamins patented by a biochemist at the school, telling the Federal Circuit that there is no reason it should have presumed that the patents it asserted were "worthless."

  • February 28, 2025

    Justices Asked To Review IRS Crypto Doc Seizure Case

    A cryptocurrency investor who lost his challenge to the Internal Revenue Service's seizure of his account records has asked the U.S. Supreme Court for review, saying the 1976 legal doctrine that sank his case is outdated and fails to meet digital realities, including decentralized banking.

  • February 28, 2025

    Litigant Funding Co. Has No Claim To NFL Concussion Deal

    A special master overseeing the NFL's concussion settlement fund told a Pennsylvania federal court in a filing made public Friday that a company that funds litigants' healthcare expenses was correctly denied money from the fund because the rights assigned to it by former players' doctors counted as "prohibited assignments," not the liens the company claimed they were.

  • February 28, 2025

    Minn. Justices Send Golf Course Dispute Back To Tax Court

    The Minnesota Supreme Court booted a county's property tax fight with the former owner of a golf course back to the state's tax court, saying the lower court's decision to keep the case alive was not a final order subject to review by the justices.

  • February 28, 2025

    Russia's $34M Award Suit Appeal Must Be Nixed, Cos. Say

    Ukrainian gas companies that won a $34 million arbitral award against Russia urged the D.C. Circuit on Thursday to summarily affirm a ruling rejecting the country's sovereign immunity defense, saying Moscow is just trying to prolong the proceeding with overtly unmeritorious claims.

  • February 28, 2025

    Feds Say Tribes Can't Block New Oregon Casino

    The federal government and an Oregon Native American tribe are pushing back on a bid from three other tribes to block the operation of a new casino in Oregon, telling the D.C. Circuit that the tribes filed their emergency motion improperly and are likely to lose on the merits of their case.

  • February 28, 2025

    FERC Says PJM Watchdog Can't Fight Meeting Roadblock

    The Federal Energy Regulatory Commission on Friday told the D.C. Circuit that PJM Interconnection's electricity market watchdog isn't harmed by being prevented from attending certain meetings held by the regional grid operator and urged the appeals court to dismiss a lawsuit challenging the decision.

  • February 28, 2025

    7th Circ. Says It's Too Early To Mull Fired ISU Coach's Suit

    A Seventh Circuit panel says it lacks the jurisdiction to consider if a lower court rightly denied dismissal of a lawsuit brought by an ex-Illinois State University football coach who claims he was unlawfully fired for posting an "All Lives Matter" sign on his office door, because the district judge postponed a decision on the school officials' qualified immunity argument.

  • February 28, 2025

    La. Regulators Ask Justices To Review Tesla Sales Ban Case

    Louisiana regulators have asked the U.S. Supreme Court to review Tesla's case over the state's ban on direct sales by automakers, saying the presence of car dealership owners on a regulatory board does not violate the electric-car company's due process rights.

  • February 28, 2025

    Cheyenne Sioux Tribe Says US Must Pay For Building Repairs

    A Wyoming tribe is asking the Federal Circuit Court of Appeals to overturn an order that determined the federal government is not responsible for paying for a deteriorating building on its reservation, arguing that the contract over the structure is rooted in a treaty-based, nation-to-nation relationship.

  • February 28, 2025

    4th Circ. Won't Undo National Block Of Trump Birthright Order

    A split Fourth Circuit panel on Friday rejected the federal government's effort to tailor an injunction blocking the enforcement of President Donald Trump's executive order limiting birthright citizenship, saying the district court did not abuse its discretion in issuing a universal injunction.

  • February 28, 2025

    NC Judge's Ballot Battle Will Sideline Voters, Court Told

    A North Carolina Supreme Court candidate's continuing bid to throw out more than 60,000 ballots threatens to sideline thousands of legitimate voters, state election officials and his campaign rival told an appeals court on the same day they got an outpouring of amicus support.

  • February 28, 2025

    Michigan Justices Spurn Live Nation Campers' Death Case

    Concert promoter Live Nation cemented its escape from allegations that lax oversight of a music festival campground led to three festival attendees dying of carbon monoxide poisoning, as Michigan's highest court rejected the families' appeal Friday.

  • February 28, 2025

    DA Eyes Type Of Weinstein Evidence That Sank 1st Verdict

    Manhattan prosecutors preparing to retry Harvey Weinstein want a jury to hear about alleged sexual assaults by the jailed Hollywood mogul that are not part of his indictment — the same kind of testimony that doomed his original conviction on appeal.

  • February 28, 2025

    11th Circ. Asked To Revive Defect Claims In Tesla Crash Suit

    The father of a teenager killed in a Tesla crash asked the Eleventh Circuit on Friday to revive his battery defect claims against the electric car maker, arguing that the lower court should have allowed them to go to a jury.

  • February 28, 2025

    GOP Rep. Reintroduces The JUDGES Act

    The chair of the House Judiciary Committee's courts panel has reintroduced a bill to create 66 new and temporary federal judgeships, which former President Joe Biden vetoed at the end of last year.

  • February 28, 2025

    Fla. Justices Say Atty Broke Rules With Nonviable Engle Suits

    The Florida Supreme Court has found an attorney guilty of violating court rules by filing baseless Engle progeny suits and failing to properly communicate with his clients, and told a referee to determine the appropriate sanction.

  • February 27, 2025

    Split 9th Circ. Won't Let ClassPass Arbitrate Auto-Renew Fight

    A split Ninth Circuit panel Thursday refused to send a proposed class action challenging ClassPass' subscription auto-renewal practices to arbitration, with the majority concluding that its online notices are too "muddled" while a dissenting judge slammed the majority's opinion for purportedly sowing "great uncertainty" in what constitutes a conspicuous notice.

  • February 27, 2025

    4th Circ. Says Trustees Can't Settle Co.'s Suit Against Ex-CEO

    Separate bankruptcy trustees for a company and its former CEO have no right to settle the company's fraud claims against the CEO with insurance proceeds from a directors and officers policy, the Fourth Circuit ruled, agreeing with the insurer that only the former CEO himself has consent-to-settle rights. 

  • February 27, 2025

    VW Urges Fed. Circ. Not To Revive 3D Glasses Patent Suit

    Volkswagen urged the Federal Circuit on Wednesday to uphold a lower court's dismissal of patent-holding company VDPP LLC's patent suit against it, arguing that VDPP "failed to investigate facts, pressed unreasonable positions, disregarded court orders and rationales, 'lied,' and committed innumerable careless errors."

  • February 27, 2025

    11th Circ. Urged To Revive Captivity Claims Against Cruise Co.

    Two former crew members who served aboard a Celebrity Cruises Inc. ship urged the Eleventh Circuit to reinstate their COVID-19 related false imprisonment and intentional infliction of emotional distress claims in a proposed class action against the company, arguing they were wrongly tossed after getting remanded to the lower court.

Expert Analysis

  • 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.

  • 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.

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