Appellate

  • 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.

  • March 24, 2025

    Justices Urged To Weigh In On Skinny Label Dispute

    A generic-drug industry organization and a group of scholars are urging the U.S. Supreme Court to scrutinize a Federal Circuit decision they say undermines the process for getting generic drugs to market under so-called skinny labels.

  • March 24, 2025

    Byron Allen Can't Revive $100M McDonald's Fraud Suit

    A California appeals court on Monday refused to revive Byron Allen's $100 million fraud lawsuit over McDonald's 2021 pledge to spend more advertising money on Black-owned media, saying the fast food giant did not make an actionable business commitment by "joining a national dialog on racial inequity."

  • March 24, 2025

    Chancery OKs Paramount Global Docs Suit For Interim Appeal

    Citing unsettled issues covering the use of confidential sources and pre- or post-petition evidence in stockholder books and records cases, a Delaware vice chancellor on Monday asked Delaware's Supreme Court for mid-case review of a decision that revived a Paramount Global records demand suit.

  • March 24, 2025

    Fed. Circ. Affirms Invalidity Finding In Tape Patent Fight

    The Federal Circuit on Monday backed a lower court's finding that a patent covering a type of marking tape was invalid as anticipated, while also mostly upholding a sanctions award that tape manufacturer ShieldMark secured in the case accusing it of infringement.

  • March 24, 2025

    4th Circ. Halts Removal Of PFAS Suits Against 3M

    The Fourth Circuit agreed on Monday to halt a panel's split decision allowing 3M to remove to federal court lawsuits brought by Maryland and South Carolina alleging environmental contamination from forever chemicals, while it considers their request for rehearing.

  • March 24, 2025

    Fed. Circ. Cuts $2.6M From $10M Car Wash Patent Verdict

    The Federal Circuit on Monday cut nearly $2.6 million from an over $10 million verdict against Wash World Inc. for infringing a rival's car wash patent, saying that part of the award involved products unrelated to the patent, but refused to undo the infringement finding.

  • March 24, 2025

    Justices Asked To Weigh Mississippi Ban On Medical Pot Ads

    The owner of a Mississippi medical marijuana company has asked the U.S. Supreme Court to hear a First Amendment challenge to the state's ban on cannabis advertisements, which was recently upheld by the Fifth Circuit.

  • March 24, 2025

    NC Justices Set Preservation Rule For Bids To Undo Verdicts

    The former CEO of a high-speed knitting machine manufacturer failed to preserve key arguments at the trial court in his efforts to undo a jury's $3 million award against him for self-dealing, North Carolina's highest court said Friday, using his case to endorse preservation requirements for parties asking a judge to overturn a jury verdict.

  • March 24, 2025

    IRS Abused Its Power In Levy Suit, Justices Told

    A New Jersey woman should be allowed to continue challenging her tax debt in a property seizure hearing after the IRS withheld her tax refunds and dropped its levy pursuit, business and tax groups told the U.S. Supreme Court on Monday, saying the agency had abused its power.

  • March 24, 2025

    NFL Blew Chance To Keep Atty Fees, Ex-Player Tells 5th Circ.

    Former NFL player Michael Cloud, whose award of disability benefits by the league was reversed in 2023, told the Fifth Circuit that the league had forfeited its chance to reverse the awarding of attorney fees and should have its second attempt thrown out.

  • March 24, 2025

    Fed. Circ. Reverses PTAB Decision On Logistics Patent App

    The Federal Circuit ruled Monday that it disagreed with how the Patent Trial and Appeal Board interpreted legal precedent on prior art, telling it to take another look at a patent application covering early online innovations in the freight transit sector that was filed more than two decades ago.

  • March 24, 2025

    9th Circ. Won't Revive Talent Agency's Litigation Coverage Bid

    United Talent Agency isn't entitled to coverage from Markel American Insurance Co. in an underlying lawsuit alleging the talent company poached a rival's clients, the Ninth Circuit has said, finding the underlying claims involved "willful acts" by United Talent that block coverage under the California Insurance Code.

  • March 24, 2025

    Colo. Justices Say ABA Standards Don't Trump State's Rules

    The Colorado Supreme Court on Monday affirmed disciplinary sanctions against a lawyer who unloaded expletives at school staff in the presence of his minor client, finding in an opinion that the American Bar Association's standards for lawyer sanctions are "an important guiding authority" but don't override Colorado's own rules.

  • March 24, 2025

    Retired 1st Circ. Judge Boudin Dies At 85

    Retired First Circuit Judge Michael Boudin, whose notable opinions during nearly three decades on the appeals court included a finding that the Defense of Marriage Act was unconstitutional, died Monday at 85 following a long struggle with Parkinson's disease, his nephew confirmed.

  • March 24, 2025

    7th Circ. Backs Denial Of Atty Fees In Union Trusteeship Case

    An Illinois federal judge did not abuse his discretion by failing to award attorney fees to a broadcasters union local after its fight with the national union over a trusteeship, a Seventh Circuit panel ruled Monday, holding that the judge substantiated his decision.

  • March 24, 2025

    Texas High Court Revives Developer's Floodplain Takings Suit

    The Texas Supreme Court has said a developer can again argue at trial court that Houston's new floodplain system thwarted its planned community and amounted to a regulatory taking, even though the ordinance was a valid exercise of police power.

  • March 24, 2025

    Colo. Justices Take Subcontractor's Forfeit For Excess Case

    The Colorado Supreme Court will consider whether a construction company that allegedly overstated how much it was owed from a project to build a new Denver rail line forfeited its ability to pursue any remedy for that $12.7 million claim, in a case involving a novel interpretation of a public works law.

  • March 24, 2025

    Deadline In Removal Review Cases Not Rigid, High Court Told

    A Jamaican drug dealer ordered deported by U.S. immigration authorities who is seeking shelter in the country for fear of torture back home was joined by the U.S. government on Monday in telling the U.S. Supreme Court that his court challenge to a deportation order was not precluded by federal law, and was timely.

  • March 24, 2025

    Judges Question T-Mobile Over Skipping Jury Trial

    Judges from the D.C. Circuit on Monday questioned why T-Mobile and Sprint didn't exercise their right to challenge the Federal Communications Commission's $92 million combined fine for selling subscriber locations in a jury trial, suggesting that option may have been more fruitful than paying the fine and going to appellate court.

  • March 24, 2025

    Gorsuch, Alito Say Confrontation Clause Issue Merits A Look

    Justices Neil Gorsuch and Samuel Alito called Monday for the U.S. Supreme Court to reexamine what accusations can be introduced at trial without cross-examination, saying a conviction resting on a pre-arraignment form shows that current legal frameworks have strayed from the traditional intent surrounding the confrontation clause.

  • March 24, 2025

    3rd Circ. Upholds No-Coverage Ruling For PNC's $106M Loss

    PNC Bank NA can't get coverage for a more than $106 million judgment it paid over underlying claims that a bank PNC acquired had mismanaged certain trust accounts, the Third Circuit ruled, finding a provision that barred coverage for wrongful acts occurring before an acquisition was applicable.

  • March 24, 2025

    Reed Smith Accused Of Interference In $102M Award Fight

    The purported new owners of Eletson Holdings Inc., a reorganized international shipping group, have urged the Second Circuit to nix Reed Smith's appeal challenging the law firm's removal as counsel for the company's prebankruptcy shareholders in an enforcement action, saying the former owners declined the opportunity to intervene and that their counsel cannot intervene on their behalf.

Expert Analysis

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    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

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    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

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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.

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