Appellate

  • December 20, 2024

    Biggest Washington Decisions Of 2024

    Washington courts in 2024 saw a state judge permanently block Kroger's planned $24.6 billion purchase of Albertsons, just about an hour after an Oregon federal judge reached a similar decision, leading the deal to collapse.

  • December 20, 2024

    11th Circ. Won't Reconsider Nixing $440M Cuba Dock Claim

    The Eleventh Circuit said it won't take a second look at its decision upending a $440 million judgment against four cruise lines that were accused of participating in prohibited tourism in Cuba by way of utilizing a dock that once belonged to a U.S.-based company.

  • December 20, 2024

    The Telecom Developments That Defined 2024

    The end of 2024 portends a sea change in telecom policy, as voters usher in a second Donald Trump term and with it a newly named GOP chief of the Federal Communications Commission who has pushed for a 180-degree turn at the agency.

  • December 20, 2024

    Psychedelics Law Reformers Hit Multiple Setbacks In 2024

    In 2024, advocates, physicians and researchers attempted to broaden lawful access to federally illegal psychedelic drugs through a variety of avenues — the new drug approval process, litigation and a ballot initiative — with the upshot that the law remains largely unchanged and, for the most part, still restricts legal use and possession of these substances.

  • December 20, 2024

    'Dreamers' Urge 8th Circ. To Uphold Health Coverage Rule

    Recipients of Deferred Action for Childhood Arrivals have urged the Eighth Circuit to pause a district court order halting a Biden administration regulation qualifying them for Affordable Care Act coverage, saying the lower court relied on "strained speculation" to find standing.

  • December 20, 2024

    Feds Back Straight Worker's Suit Alleging Pro-LGBTQ Bias

    The federal government urged the U.S. Supreme Court to revive a heterosexual Ohio state employee's lawsuit claiming supervisors' bias toward LGBTQ workers cost her a promotion, saying the Sixth Circuit erred in holding she needed to show a pattern of prejudice against straight people to support her case.

  • December 20, 2024

    7th Circ. Upholds $900K Punitive Damages Award In TM Case

    The Seventh Circuit has affirmed $900,000 in punitive damages against a nutritional company and its owners for infringing the "Diesel Test" trademark of a testosterone-boosting product from a former competitive body builder, saying the defendant's conduct merited the award.

  • December 20, 2024

    Biggest Illinois Decisions Of 2024

    A U.S. Supreme Court decision narrowing the federal bribery statute caused waves in several high-profile Chicago public corruption cases at every litigation stage, almost instantly making a former Indiana mayor's high court win one of the biggest Illinois cases of the year.

  • December 20, 2024

    Biggest Colorado Decisions Of 2024

    The Colorado Supreme Court shocked legal experts in 2024 when it walked back a landmark tenants rights ruling based on a technicality. In another case, three justices called for the elimination of peremptory challenges in order to address racial bias in jury selection. Here's a look at some of the biggest Colorado decisions of the year.

  • December 20, 2024

    NJ Bar's Diversity Plan Isn't Biased, Panel Says

    A New Jersey state appeals court reversed and remanded on Friday a lower court's ruling that found the state bar association's diversity practices to be an unlawful, discriminatory quota system.

  • December 20, 2024

    Ga. Atty Disbarred For Battery Of Cop During DUI Stop

    An Atlanta-area attorney was disbarred Friday by the Supreme Court of Georgia after pleading guilty to felony obstruction charges for battery and resisting arrest while under suspicion of driving drunk.

  • December 20, 2024

    Halliburton Tells High Court That Age Bias Battle Can't Go On

    Halliburton told the U.S. Supreme Court that an ex-worker is attempting to create a "back door" to challenge an arbitration award that resolved his age bias suit, urging the justices to join the Tenth Circuit in finding that the case had run its course.

  • December 20, 2024

    Top Pa. Cases Of 2024: Elon Musk, Johnny Doc, Uber Drivers

    This year was a standout for high-profile legal battles in Pennsylvania, from a blockbuster verdict against Monsanto over its Roundup weedkiller to the Philadelphia district attorney's fight with Elon Musk over allegations that he tried to influence the 2024 presidential election with his million-dollar giveaway.

  • December 19, 2024

    Calif. High Court Sides With Jo-Ann In Co-Tenancy Dispute

    The California Supreme Court on Thursday unanimously upheld the enforceability of a Jo-Ann Stores LLC co-tenancy provision allowing the fabric and craft chain to pay reduced rent at a Sacramento-area location because the mall doesn't have either 60% of space leased or three anchor tenants.

  • December 19, 2024

    Fed. Circ. Seeks Denial Of Newman Bid To Unseal Documents

    The Federal Circuit judges asked the D.C. Circuit on Thursday to reject U.S. Circuit Judge Pauline Newman's request to unseal documents about her suspension for refusing to participate in an investigation into her fitness, saying they are of "questionable relevance" and will be released soon anyway.

  • December 19, 2024

    Ill. Justices Say Judges, Lawyers Can Use AI

    Attorneys, judges and court staff in Illinois are authorized to use artificial intelligence in their work, and disclosing such use in pleadings should not be required so long as it complies with professional conduct rules, the state's top court has announced.

  • December 19, 2024

    CFTC Urges 7th Circ. To Uphold $231M Crypto 'Ponzi' Penalty

    The U.S. Commodity Futures Trading Commission has urged the Seventh Circuit to uphold a $231.5 million judgment against a man they say ran a cryptocurrency Ponzi scheme, arguing it is "undisputed" that the agency has authority to regulate the trading of bitcoin and ether.

  • December 19, 2024

    Walgreens Must Face Uninjured Plaintiff's Receipt Class In Ill.

    An Arizona consumer who wasn't harmed by her Walgreens receipt's alleged overdisclosure of debit card information has standing to sue the company in Illinois, even if her suit is brought under federal law, a split state appellate panel said Thursday.

  • December 19, 2024

    NY Court Affirms $3.1M Verdict Over ER Patient's Stroke

    A New York appellate panel has upheld a jury's $3.16 million verdict in a suit accusing an emergency room doctor and a Long Island hospital of failing to prevent a man's debilitating stroke, saying the jury's verdict was not excessive and was supported by sufficient evidence.

  • December 19, 2024

    New Jersey AG Can Run Paterson Police Dept. During Appeal

    The day after a New Jersey appellate panel ruled that state Attorney General Matthew J. Platkin's takeover of a Garden State police department was unlawful, state Supreme Court Chief Justice Stuart J. Rabner granted the prosecutor's bid to stay the decision temporarily and directed the parties to file briefs.

  • December 19, 2024

    Judge Wrongly Axed $107M IP Verdict, Pfizer Tells Fed. Circ.

    A Pfizer unit has told the Federal Circuit that a federal judge got it wrong when he overturned a Delaware jury verdict that AstraZeneca owes $107.5 million for infringing two cancer drug patents.

  • December 19, 2024

    Teradata Antitrust, IP Suit Revived Against German Co.

    A Ninth Circuit panel on Thursday revived data analytics company Teradata Corp.'s antitrust and trade secret suit against German software company SAP, saying a lower court rejected the case despite there being factual disputes over key issues concerning market effects and confidential information. 

  • December 19, 2024

    5th Circ. Finds No 230 Immunity In Salesforce Trafficking Suit

    The Fifth Circuit on Thursday shut down Salesforce Inc.'s arguments that it was immune under the Communications Decency Act to claims that it benefited from sex trafficking that took place on Backpage.com, saying the plaintiffs' claims do not treat Salesforce as a publisher or speaker of third-party content.

  • December 19, 2024

    Fed. Circ. OKs $95M Altria Vape Patent Win Against Reynolds

    The Federal Circuit on Thursday upheld a $95.2 million jury verdict against R.J. Reynolds for infringing Altria vape patents, rejecting Reynolds' arguments that the finding was not supported by the evidence and was based on expert damages testimony that was unreliable.

  • December 19, 2024

    3rd Circ. Says Loan Shark, Robbery Not Enough For Asylum

    The Third Circuit ruled against a Brazilian family seeking asylum following threats from a loan shark and a home invasion, saying that their status as crime victims and debtors does not constitute a particular social group eligible for asylum.

Expert Analysis

  • So You Want To Move Your Law Practice To Canada, Eh?

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    Google searches for how to move to Canada have surged in the wake of the U.S. presidential election, and if you’re an attorney considering a move to the Great White North, you’ll need to understand how the practice of law differs across the border, says David Postel at Henein Hutchison.

  • 3 Policyholder Lessons From NY Bad Faith Ruling

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    A New York appellate court's recent decision finding that Rockefeller University alleged viable bad faith claims against its insurers reinforces the principle that insurers may not elevate their own economic interests over those of their insureds, say attorneys at Lowenstein Sandler.

  • In SF Water Case, Justices Signal How Loper May Be Applied

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    Skeptical questions from U.S. Supreme Court justices during oral argument in San Francisco v. U.S. Environmental Protection Agency offer hints of how the court intends to apply limits on agency regulatory autonomy established last term in Loper Bright, says Karen Cullinane at Goldberg Segalla.

  • Class Actions At The Circuit Courts: November Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses six federal court decisions that touch on Rule 23 of the Federal Rules of Civil Procedure, and when individual inquiries are needed to prove economic loss.

  • Notable Q3 Updates In Insurance Class Actions

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    Total loss valuation cases and labor depreciation cases dominated the past quarter of insurance class actions, with courts continuing to reject challenges to condition adjustments in the former, and a pro-insured trend persisting in the latter, say attorneys at BakerHostetler.

  • 2nd Circ. Halkbank Ruling Shifts Foreign Immunity Landscape

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    Following the Second Circuit’s recent common law immunity ruling in U.S. v. Halkbank, foreign state-owned banks, wealth funds and other entities now must seriously consider the risk of criminal liability for commercial activity that violates U.S. laws, say attorneys at Debevoise.

  • Justices Must Weigh Reach Of Civil RICO In Cannabis Case

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    Oral arguments in Medical Marijuana Inc. v. Horn suggest that a majority of the U.S. Supreme Court may agree that a truck driver's losing his job after unknowingly ingesting THC and failing a drug test does not merit a racketeering claim — but the court may not buy the other side's theory of the case either, say attorneys at Lewis Baach.

  • Patent Marking Steps After Fed. Circ. Opens Lanham Act Door

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    Following the Federal Circuit’s recent ruling in Crocs v. Effervescent, which seemingly revives private actors’ ability to bring false patent marking claims under the Lanham Act, marketing and legal teams should be careful to avoid advertisement language that implies nonexistent patent rights, says Jeffrey Ratinoff at Spencer Fane.

  • Litigation Strategies In View Of New Double Patenting Rulings

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    Recent Federal Circuit decisions, including in Allergan v. MSN, raise several issues that patent owners should understand and consider addressing proactively regarding obviousness-type double patenting, at least in their prosecution strategies, say attorneys at Dentons.

  • Promoting Diversity In The Selection Of ADR Neutrals

    Excerpt from Practical Guidance
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    Choosing neutrals from diverse backgrounds is an important step in promoting inclusion in the legal profession, and it can enhance the legitimacy and public perception of alternative dispute resolution proceedings, say attorneys at Lowenstein Sandler.

  • Series

    Playing Ultimate Makes Us Better Lawyers

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    In addition to being fun, ultimate Frisbee has improved our legal careers by emphasizing the importance of professionalism, teamwork, perseverance, enthusiasm and vulnerability, say Arunabha Bhoumik and Adam Bernstein at Regeneron. 

  • High Court 'Violent Crimes' Case Tangled Up In Hypotheticals

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    In Delligatti v. U.S., the U.S. Supreme Court will hear arguments next week on whether attempted murder constitutes a crime of violence, and because the court’s interpretive approach thus far has relied on hairsplitting legal hypotheticals with absurd results, Congress should repeal the underlying statute, say attorneys at Patterson Belknap.

  • Tracking The Slow Movement Of AI Copyright Cases

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    The tech community may be expecting a prompt resolution on whether products generated by artificial intelligence are a fair use of copyrighted works, but legal history shows that a response to this question — at the heart of over 30 pending cases — will take years, say attorneys at White & Case.

  • How Property Insurance Coverage Shrank After The Pandemic

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    Insurers litigating property claims are leveraging rulings that provided relief in the COVID-19 context to reverse the former majority rule on physical loss or damage in all contexts, say attorneys at Reed Smith.

  • Considering Chevron's End Through A State Tax Lens

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    States took the lead in encouraging Chevron's demise, turning away from Chevron-type deference in state tax administration ahead of the U.S. Supreme Court’s Loper Bright decision, a trend likely to accelerate as courts take a more active role in interpreting tax laws, say attorneys at Eversheds Sutherland.

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