Appellate

  • September 24, 2024

    4th Circ. Reluctant To Let NFL Fans Pass On Arbitration

    The Fourth Circuit on Tuesday seemed likely to make National Football League fans arbitrate their claims against the Washington Commanders over injuries sustained in the team's stadium, with one judge calling it "weird" to think attendees could dodge contract terms just because someone else bought their tickets.

  • September 24, 2024

    11th Circ. Unleashes Swarm Of 'Hypos' In Fla. Pronoun Case

    An Eleventh Circuit panel on Tuesday peppered attorneys with hypothetical scenarios as they attempted to hammer out the bounds of public school teachers' free speech protections in the classroom, in a case by transgender and nonbinary Florida educators that could ultimately affect other state employees.

  • September 24, 2024

    Colo. Justices Float Limits For Litigants' Public Records Asks

    Colorado Supreme Court justices were skeptical Tuesday that litigants were blocked from using the state's public records law to request documents from agencies and boards they are suing, though they also expressed reservations about just how far such litigants could go.

  • September 24, 2024

    Dems Urge Full 9th Circ. To Rethink Worker's Trafficking Loss

    Democratic lawmakers urged the en banc Ninth Circuit to rethink a split decision tossing Cambodian workers' human trafficking suit against a California importer, arguing Congress specifically amended the federal law following another erroneous Ninth Circuit ruling in the case, and the majority's refusal to apply those amendments retroactively undermines congressional authority.

  • September 24, 2024

    4th Circ. Poised To Uphold $1M Sanction For Court 'Attack'

    The Fourth Circuit on Tuesday appeared ready to uphold a roughly $1 million sanction against New York plaintiffs attorney Paul Napoli for his purportedly frivolous filings in a battle with another firm over asbestos litigation client referrals, with one judge accusing Napoli of making a "collateral attack" on a federal court's authority.

  • September 24, 2024

    11th Circ. Rejects Atty Fees In Roller-Coaster IP Dispute

    The Eleventh Circuit on Tuesday shot down an attempt by attorneys to collect fees after securing a partial win in an intellectual property dispute related to a roller-coaster project in Dubai.

  • September 24, 2024

    Man In Mueller Report Asks DC Circ. To Revive Privacy Claim

    A Georgian American businessman named in special counsel Robert Mueller's report on 2016 Russian election interference has petitioned the D.C. Circuit for an en banc review of a panel's decision not to revive his Privacy Act damages claim related to supposed inaccuracies, arguing the panel erred in finding he had abandoned damages arguments.

  • September 24, 2024

    More Enrollment Wanted For Judges' Home Security, IG Says

    Amid the "complex" threat landscape for judges, the U.S. Marshals Service should do more to prompt federal judges to enroll in its home security program, a federal watchdog says in a report released Tuesday.

  • September 24, 2024

    NJ Justices Seem Doubtful Over Barring Atty Keyword Search

    The New Jersey Supreme Court appeared skeptical Tuesday about forbidding attorneys from buying other lawyers' names as search engine keywords, questioning whether such a ban could hold up to First Amendment challenges.

  • September 24, 2024

    Courthouses Begin Shutting Down As Fla. Braces For Storm

    Courthouses on Florida's Gulf Coast are beginning to shut down as Tropical Storm Helene — expected to be a major hurricane by the time it makes landfall in the Sunshine State — barrels its way north toward the panhandle.

  • September 24, 2024

    8th Circ. Won't Revive Pot Shop's Discrimination Suit

    The Eighth Circuit won't reinstate discrimination and interference claims by a would-be cannabis distributor against a firm contracted to evaluate applicants for Arkansas' dispensary licenses, saying the complaint lacks specificity to support its claims.

  • September 24, 2024

    Pa. Panel Says County Must Tell Voters If Votes Are Tossed

    A Pennsylvania county violated voters' rights with a policy that prevented them from finding out if their mail-in ballots had been set aside as uncountable, a split state appellate panel ruled Tuesday.

  • September 24, 2024

    DC Circ. Says Arb. Board Must Handle Rail Union Grievance

    Amtrak lost its appeal to a ruling that ordered an arbitration board to consider whether the rail company must use union labor on a newly acquired building, with the D.C. Circuit upholding a Washington, D.C., federal judge's decision Tuesday.

  • September 24, 2024

    8th Circ. Mulls Arkansas' Authority To Regulate Hemp

    An Eighth Circuit panel on Monday pushed attorneys for the state of Arkansas and a group of hemp companies to define precisely how much power states have to restrict the production and sale of intoxicating products derived from federally legal hemp.

  • September 24, 2024

    2nd Circ. Partly Revives Suit Over $18.5B Telehealth Deal

    The Second Circuit on Tuesday partially revived a suit against telehealth company Teladoc Health Inc. brought by investors who claim they were misled about the status of its integration with Livongo following their $18.5 billion merger.

  • September 24, 2024

    Mich. Court Affirms Walmart Valuation As $5M Vacant Property

    The $5 million tax valuation of a Walmart store in Michigan will stand, the state court of appeals said, rejecting arguments by a local township that a tax panel was wrong to value it as if it were vacant.

  • September 24, 2024

    1st Circ. Sides With Wynn Casino Over Voucher Payouts

    The First Circuit affirmed a lower court's decision tossing a proposed class action over Wynn Resorts Encore Boston Harbor casino's use of vouchers instead of coins to pay out winnings under $1.

  • September 23, 2024

    3rd Circ. Probes SEC's 'Close To Vacuous' Reply To Coinbase

    Members of a Third Circuit panel on Monday pressed the U.S. Securities and Exchange Commission on its brief denial of crypto exchange Coinbase's request for rulemaking around digital assets, digging into how much of an explanation the agency owes the industry about its decision to forego setting rules for now.

  • September 23, 2024

    High Court Enviro Shadow Docket Could Diminish DC Circ.

    The U.S. Supreme Court's "shadow docket" is full of pleas from environmental rule opponents who want the justices to overturn D.C. Circuit rulings that allowed the regulations to go into effect, and recent history shows the challengers have some chance for success — but experts say the high court's willingness to step in at this stage risks diminishing lower courts' voices.

  • September 23, 2024

    Prolific Patent Filer Says 'Prosecution Laches Does Not Exist'

    A prolific filer of patents told the Federal Circuit on Monday that a legal doctrine created by the courts to punish filers for deliberately delaying applications "does not exist" under current laws.

  • September 23, 2024

    Tyson, Cargill Want Appeal Of Pollution Verdict Plan Certified

    Tyson, Cargill and other poultry producers have urged an Oklahoma federal judge to certify their interlocutory appeal of a plan to hash out remedies concerning a river pollution trial that took place over a decade ago, arguing that the record is far too "stale" to support forward-looking relief now.

  • September 23, 2024

    3rd Circ. Revives $60M Moroccan Hotel Award Fight

    The Third Circuit has sent a decision over a $60 million arbitral award favoring the Royal Mansour Hotel's current owner back to a lower court for further consideration, saying the company has plausibly argued that it didn't cause the Moroccan establishment to fall into financial ruin.

  • September 23, 2024

    Fed. Circ. Won't Revive Qualcomm Power Amplifier Patent

    The Federal Circuit on Monday opted to leave unchanged a handful of rulings from the Patent Trial and Appeal Board involving a Qualcomm patent that was challenged by Intel.

  • September 23, 2024

    Ex-Adviser Can't Seek Due Process Update, Justices Told

    A Morgan Stanley unit on Friday urged the U.S. Supreme Court not to tackle a purported circuit split over whether "manifest disregard of the law" remains a valid reason for vacating an arbitral award, arguing that a former employee missed his chance to press the argument in the lower courts.

  • September 23, 2024

    Feds, SunZia Urge 9th Circ. To Toss Power Line Challenge

    The federal government and SunZia Transmission LLC have asked the Ninth Circuit to uphold a lower court decision tossing a suit by a coalition of tribes and conservation groups challenging the government's decision to let the company route a 520-mile power line through cultural and historical sites.

Expert Analysis

  • Replacing The Stigma Of Menopause With Law Firm Support

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    A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.

  • Series

    After Chevron: The Future Of AI And Copyright Law

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    In the wake of the U.S. Supreme Court’s recent decision to overrule the Chevron doctrine, leaders in the artificial intelligence industry may seek to shift the balance of power to courts to exercise more independent statutory interpretation without constraints from the U.S. Copyright Office, says Greg Derin at Signature Resolution.

  • Class Actions At The Circuit Courts: August Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.

  • Planning Law Firm Content Calendars: What, When, Where

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    During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.

  • 3 Presidential Privilege Questions After Trump Ruling

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    The U.S. Supreme Court's recent decision in Trump v. U.S., carving out a new evidentiary privilege for presidents, leaves unanswered several key questions concerning whether this new privilege is waivable or subject to various exceptions, says Jeremy Bates at Frankfurt Kurnit.

  • Notable Q2 Updates In Insurance Class Actions

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    Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.

  • What To Know About Major Fla. Civil Procedure Rule Changes

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    The Florida Supreme Court recently amended the state's Rules of Civil Procedure, touching on pretrial procedure, discovery, motion and trial practice, and while the amendments are intended to streamline cases, the breadth of the changes may initially present some litigation growing pains, say Brian Briz, Benjamin Tyler and Yarenis Cruz at Holland & Knight.

  • Prior Art Takeaways From Fed. Circ. Public Disclosure Ruling

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    While the Federal Circuit’s recent ruling in Sanho v. Kaijet clarified that a private sale is not a public disclosure under patent law, there remains significant room for advocacy, as the opinion lacked meaningful guidance on how to satisfy the public disclosure exception to prior art, says Derrick Carman at Robins Kaplan.

  • Series

    Playing Golf Makes Me A Better Lawyer

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    Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.

  • Perspectives

    2 High Court Rulings Boost Protections Against Gov't Reprisal

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    The U.S. Supreme Court’s recent decisions in Gonzalez v. Trevino and Chiaverini v. City of Napoleon significantly strengthen legal protections against retaliatory arrests and malicious prosecution, and establish clear precedents that promote accountability in law enforcement, say Corey Stoughton and Amanda Miner at Selendy Gay.

  • Law Firms Should Move From Reactive To Proactive Marketing

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    Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.

  • 3 High Court Rulings May Shape Health Org. Litigation Tactics

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    Three separate decisions from the U.S. Supreme Court's most recent term — Loper Bright, Corner Post and Jarkesy — will likely strengthen healthcare organizations' ability to affirmatively sue executive agencies to challenge regulations governing operations and enforcement actions, say attorneys at McDermott.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

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    A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.

  • Opinion

    It's Time For A BigLaw Associates' Union

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    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • How Calif. Justices' Prop 22 Ruling Affects The Gig Industry

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    The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.

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