Appellate

  • March 07, 2025

    9th Circ. Critical Of Nordstrom Nixing $6.7M Order

    A Ninth Circuit judge doubted Nordstrom Inc.'s stance on Friday in a suit accusing it of using labor concerns as a false pretense to pull a $6.7 million menswear order, calling the department store chain's alleged oversupply of dress shirts at the time of the cancelation "the elephant in the room."

  • March 07, 2025

    Del. Justices Side With Gov. In State Port Appointment Battle

    Delaware's Supreme Court handed Democratic Gov. Matt Meyer a precedential win Friday in an early-term battle with the state's Democratic-controlled Senate over appointments to the Diamond State Port Corp., operators of the Port of Wilmington.

  • March 07, 2025

    Apple Prevails In Watch Tech Patent Fight At Fed. Circ.

    The Federal Circuit handed Apple a significant victory Friday in a dispute that might have led to a ban on imports of its smartwatches, affirming that a competing company's heart monitor patents are invalid and vacating a conflicting U.S. International Trade Commission decision that found the watches infringed those patents.

  • March 07, 2025

    Ex-Novo Nordisk Worker Can't Reopen Harassment Suit

    A former employee of Novo Nordisk can't revive her lawsuit claiming she was let go because she is a Jewish woman and had a back and hip injury, a California state appeals court ruled, finding no issue with a trial court tossing the case after she failed to oppose the move.

  • March 07, 2025

    4th Circ. Set To Consider NASCAR Antitrust Injunction In May

    The Fourth Circuit will hear arguments on May 9 as to whether NASCAR should be extricated from an injunction forcing it to offer charter contracts to two teams — including one co-owned by former NBA star Michael Jordan — that have accused the league of antitrust violations.

  • March 07, 2025

    1st Circ. Nixes Order Halting Foxconn Patent Arbitration

    The First Circuit on Thursday nixed an order barring a subsidiary of Taiwanese electronics manufacturer Foxconn from pursuing arbitration in China of a patent dispute with a U.S. power systems manufacturer while related proceedings at the U.S. International Trade Commission are ongoing.

  • March 07, 2025

    Okla. Gov.'s Brother Can't Use McGirt Ruling to Avoid Ticket

    Keith Stitt, brother of Oklahoma Gov. Kevin Stitt, can't dodge a speeding ticket on the back of a 2020 landmark U.S. Supreme Court ruling, a state appeals court panel said, arguing that the city of Tulsa, Oklahoma, maintains jurisdiction over the dispute.

  • March 07, 2025

    CPKC Rail Merger Enviro Review Needs Redo, DC Circ. Told

    A group of Illinois towns told the D.C. Circuit on Friday that federal regulators relied on flawed train traffic data to approve Canadian Pacific's $31 billion merger with Kansas City Southern, failing to account for significant public safety and environmental harms to Windy City communities.

  • March 07, 2025

    Gas Station Asks 11th Circ. To Revive Pollution Coverage Suit

    A Florida gas station owner asked the Eleventh Circuit on Friday to revive its lawsuit trying to get Nautilus Insurance Co. to cover the costs to clean up contamination caused by a leaking underground fuel tank, telling the appeals court the company did not learn of the leak until after the policy went into effect.

  • March 07, 2025

    For Many Biden Clemency Grantees, Freedom Is On Hold

    Former President Joe Biden set records when he granted approximately 2,500 people clemency at the end of his term, but the process of getting out of prison for those people has not been so straightforward and two months later, a majority remain in custody.

  • March 07, 2025

    Texas High Court Passes On 1 Of 3 'Love Is Blind' Fights

    The Texas Supreme Court on Friday declined to take up a dispute between the producers behind the Netflix reality series "Love Is Blind" and a former contestant, passing on one of three appeals that stem from the show's fifth season.

  • March 07, 2025

    9th Circ. Probes Ax Of Trader Joe's IP Suit Against Union

    Ninth Circuit judges on Friday questioned a federal judge's decision to toss Trader Joe's trademark suit against a union selling merchandise with the grocers' name, with one saying it was "a little bit unusual" to have a determination about the likelihood of confusion decided at the motion to dismiss stage.

  • March 07, 2025

    Utah Court Affirms Walmart's Collective $52M Property Value

    A trio of Utah-based Walmart retail properties were correctly assessed at a collective $52 million for property tax, a Utah appeals court said, finding that a lower court didn't make any errors when valuing the three properties.

  • March 07, 2025

    Prison Phone Co. Floats New FCC Rate Cap Plan

    Prison phone company NCIC Correctional Services is hoping to kill several birds with one stone by presenting the Federal Communications Commission with a proposal it says would fix issues with a 2024 order changing how the phone prison payment system works and resolve some issues it has on appeal at the First Circuit.

  • March 07, 2025

    Mich. Justices Ax Bid To Sue Pizza Delivery Driver's Employer

    The Michigan Supreme Court on Friday dismissed an appeal from a woman who argued her settlement with a Jet's Pizza delivery driver who rear-ended her did not bar vicarious liability claims against his employer, while a dissenting justice called on the court to rethink the "counterintuitive" rule that prohibited her claims.

  • March 07, 2025

    Honda, Class Spar Over Defect Verdict And Fees At 9th Circ.

    Class counsel representing a certified class of Illinois Honda owners urged the Ninth Circuit on Friday to reverse their partial summary judgment loss, along with a $1.5 million fee and cost award for securing a $1.4 million valve defect verdict, while Honda argued that the verdict should be tossed entirely.

  • March 07, 2025

    Conn. Justice Questions Fairness Of Water Rate Hike Rebuff

    Connecticut's utility regulator may have treated an Eversource subsidiary unfairly when it told the company it could not increase consumers' water rates to make up for $42 million in capital expenditures, a state Supreme Court justice said Friday.

  • March 07, 2025

    Dem AGs Back NLRB In Appeal Over Board Functionality

    Nearly two dozen Democratic attorneys general have backed the National Labor Relations Board in a Sixth Circuit fight over the agency's ability to adjudicate unfair labor practice cases, saying workers' rights under labor law would be trampled if the agency is restrained from performing its duties.

  • March 07, 2025

    Fed. Circ. Says Judge Misconstrued Term In Tactical Vest Row

    A Federal Circuit ruling on Friday reversed a finding from a Florida federal judge on constructing the phrase ​​"pull cord," reviving a fight over a patented system for making tactical vests easier to take off.

  • March 07, 2025

    Judicial Impeachment Calls Could Drive Anger At Bench

    Twenty-nine years ago, then-U.S. Chief Justice William Rehnquist laid out a cautionary tale on impeachments of judges.

  • March 07, 2025

    Greenspoon Marder Beats Fla. Suit After Missed Arbitration

    Greenspoon Marder LLP has secured a Florida state appellate decision that upheld the dismissal of a malpractice suit against the firm over its representation of a luxury concierge service because the business failed to comply with a court order to engage in arbitration.

  • March 07, 2025

    Off The Bench: NASCAR Feud Grows, ACC Peace, NCAA Wins

    In this week's Off The Bench, NASCAR insists that the two teams suing it are the real antitrust bullies, the ACC keeps two valued and valuable members in the fold, and a baseball player ends his court fight to play another year in college.

  • March 07, 2025

    2nd Circ. Backs Warrantless Utility Pole Surveillance

    The Second Circuit on Friday ruled that police using cameras mounted to utility poles to observe potential criminal activity without a warrant does not amount to an illegal search under the Fourth Amendment, comporting with other circuits that have pondered the same issue.

  • March 07, 2025

    NC High Court Hopeful Fights Judge's Recusal Over Donation

    A Republican judge challenging ballots cast in the North Carolina Supreme Court race he lost by 734 votes said his colleague on the state Court of Appeals shouldn't be recused from hearing his case because he contributed to the GOP jurist's campaign, noting the panel hasn't even been selected yet.

  • March 07, 2025

    Mich. Justices Kick PFAS Rule Challenge Back To Panel

    The Michigan Supreme Court on Friday punted 3M Co.'s challenge to state regulations limiting PFAS in tap water to a lower court to address subsequent regulatory developments and answer whether the company should have pursued an administrative appeal before suing.

Expert Analysis

  • 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.

  • Justices May Find Gov't Can Keep Fraudulent Transfer Benefit

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    Based on the justices' questions at the recently argued U.S. v. Miller, the Supreme Court appears prepared to hold that the U.S. — unlike any other creditor — is permitted to retain the benefits of a fraudulent transfer to the detriment of other bankruptcy creditors, says Kevin Morse at Clark Hill.

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