Appellate

March 25, 2025
NC Justices Agree To Hear Traffic Stop Smell Test Appeal

The North Carolina Supreme Court has agreed to take up an appeal of a man's conviction for possession of a firearm by a felon after he argued that the smell of cannabis and cologne are not sufficient to justify searching his vehicle at a traffic stop.
March 25, 2025
San Diego Airport Authority Backs Alaska Air's DCA Flight Slot

The San Diego County Regional Airport Authority is backing federal transportation regulators' decision to grant Alaska Airlines a slot exemption for long distance flights out of Ronald Reagan Washington National Airport, telling the D.C. Circuit that Alaska's direct flights to San Diego "would produce enormous savings, efficiency, and benefits to the public at large."
March 25, 2025
NJ Casinos Urge 3rd Circ. Not To Revive Room-Pricing Suit

Atlantic City casino-hotel owners have told the Third Circuit a lower court was right to toss a case accusing them of inflating room rates by using the same software to set prices because there's no problem with multiple businesses separately choosing to use the same service.
March 25, 2025
Pro Tennis Player Asks 11th Circ. To Affirm $9M Abuse Ruling

A professional tennis player who was awarded $9 million over claims of sexual abuse from her coach has asked the Eleventh Circuit to uphold the ruling, arguing that a Florida federal court properly found the training facility should have done more to protect her based on the evidence.
March 25, 2025
2nd Circ. Backs Broad Reading Of ADA In Teacher's PTSD Suit

The Second Circuit revived a teacher's suit Tuesday claiming her school district failed to accommodate her PTSD with afternoon work breaks, upending a lower court's finding that the district wasn't required to provide the breaks because she could perform her key duties without them.
March 25, 2025
No Caprice In OSHA's Work Citation Rules, 11th Circ. Hears

The Occupational Safety and Health Administration urged the Eleventh Circuit Tuesday to ignore a Georgia roofing contractor's claims that it can't be on the hook for a $158,000 fine under the agency's "capricious" multiemployer citation rule, alleging the company's counsel told it to avoid being caught on the work site to dodge liability.
March 25, 2025
ITC, Chinese Co. Urge Justices To Skip Coke Sweetener Case

A Chinese company and the U.S. International Trade Commission are urging the U.S. Supreme Court to reject a case from the company that developed the artificial sweetener used in Coke Zero and that wants to keep patents that were filed at the patent office after the drinks went on sale.
March 25, 2025
Judge Orders HUD To Reinstate $30M In Housing Grants

A Massachusetts federal judge temporarily revived $30 million in housing anti-discrimination grants slashed by the Trump administration, explaining that his hands are essentially tied by a First Circuit ruling in a separate case reinstating teacher training grants.
March 25, 2025
Doctor Defends Exam Saying Judge Newman Is Fit To Serve

A neurosurgeon who examined Federal Circuit Judge Pauline Newman and declared her fit to serve on the bench pushed back Tuesday on criticism of his evaluation made by doctors retained by the appeals court's other judges, who have suspended the 97-year-old jurist.
March 25, 2025
McCarter & English's $3.77M Fee Win Headed For Appeal

A former McCarter & English LLP client will appeal a $3.77 million Connecticut federal court judgment for failing to pay its legal bills following a Kentucky trade secrets case loss, federal court papers indicate.
March 25, 2025
2nd Circ. Trims Ex-K&L Gates Atty's Cyberstalking Conviction

The Second Circuit has reversed one of three counts of conviction for a former K&L Gates attorney who was accused of cyberstalking and harassing his colleagues, finding that there was insufficient evidence to support claims that he made "true threats" to one of the accusers.
March 25, 2025
Florida High Court Forms Group To Examine Judicial Security

The Florida Supreme Court has created a new working group on judicial security and tasked it with developing a report over the next year on threat reduction, detection and response.
March 25, 2025
Pittsburgh Paper Must Bargain With Union, 3rd Circ. Says

The Pittsburgh Post-Gazette will have to bargain with its reporters' union over wages and other changes in employment terms and restore healthcare, the Third Circuit ruled, partially agreeing to enforce a National Labor Relations Board ruling.
March 25, 2025
Womble Bond Atty's Contempt Order Isn't Final, 4th Circ. Told

A federal judge's order holding a Womble Bond Dickinson partner in contempt of court over misrepresentations he allegedly made to a foreign tribunal isn't a final decision capable of being appealed, a software company told the Fourth Circuit in seeking to have the appeal tossed.
March 25, 2025
Calif. Justices Revive Bounty Hunter's Claims Against SF Atty

The California Supreme Court has ruled that a fugitive recovery agent's claims of malicious prosecution against an attorney who represented clients who sued the agent after their Oakland residence was searched via drug trafficking warrants were not untimely, finding that a one-year statute of limitations did not apply because the agent is not the attorney's client.
March 25, 2025
Coffee Drink Co. Asks Justices To Review TM Fight With Pepsi

A company that makes nitro-brewed coffee drinks called "Rise" has asked the U.S. Supreme Court to answer whether the strength of a trademark is a question of law to be decided by judges after the Second Circuit affirmed the dismissal of a lawsuit against PepsiCo.
March 25, 2025
4th Circ. Won't Rehear Drug Price-Fixing Class Action

The Fourth Circuit said Tuesday it will not hold a full court rehearing of its panel decision to back the dismissal of a proposed class action accusing drugmakers of conspiring and inflating the price of a medication for Huntington's disease, a suit the panel called "shaky at best."
March 24, 2025
Justices Won't Hear Insurance Dispute Over Claim Timeliness

The U.S. Supreme Court on Monday rejected a California woman's bid to certify questions to Massachusetts' top court about when exactly an insurer must show it was prejudiced by an insured's late claim notice, letting stand a First Circuit decision that also refused to certify such questions.
March 24, 2025
Justices Told To Eye TM Time Limits In Samsung Unit Feud

After seeing its trademark lawsuit against a Samsung subsidiary transferred to a court where the case was outside the statute of limitations, a small New Jersey company that sells electronics accessories now wants the nation's highest court to address trademark law's "patchwork of inconsistent limitations periods."
March 24, 2025
DC Circ. Appears Divided In Venezuelan Deportation Appeal

A D.C. Circuit panel seemed split on Monday as the appellate judges contended with the Trump administration's bid to dissolve a trial court order blocking the deportations of some Venezuelan nationals to El Salvador under the 1798 Alien Enemies Act.
March 24, 2025
Kimmel's Use Of Santos Videos Not Fair, 2nd Circ. Told

Cameo videos recorded by former U.S. Rep. George Santos were designed to be satirical jokes, and their rebroadcast by ABC comedian Jimmy Kimmel was not a transformative work protected by the copyright law's fair use doctrine, Santos' attorney told the Second Circuit on Monday.
March 24, 2025
Venezuelans Seek Hold On End To DHS Removal Protections

Lawyers representing Venezuelans living in the United States urged a California federal judge on Monday to pause actions by Homeland Security Secretary Kristi Noem that would end temporary deportation protections for hundreds of thousands of Venezuelans in the country, saying the actions were driven in part by racial animus.
March 24, 2025
T-Mobile, Customers Push Dish For Docs In Sprint Merger Suit

T-Mobile and the customers suing over its 2020 merger with Sprint are both asking an Illinois federal judge to force Dish to turn over discovery documents, with the plaintiffs claiming the documents are key to showing why Dish never became an effective competitor in the wireless market.
March 24, 2025
Mich. Justices Partially Side With Disney In Escheat Fight

The Michigan Supreme Court ruled Monday that the state's audits of Disney and of IHOP's owner didn't pause the statute of limitations to require remittance of unclaimed property, but it said a lower court must determine whether the statute resets after an audit determination is issued.
March 24, 2025
'Enough Is Enough': Tornado Cash Users Demand Judgment

Challengers to the Treasury Department's now-dissolved sanctions of crypto mixer Tornado Cash on Monday urged a Texas federal judge to make clear that the designation was unlawful despite the government's claims that the case is moot now that it has removed Tornado Cash from its blocked persons list.

Expert Analysis

Exploring Venue Strategy For Trump-Era Regulatory Litigation

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.