Appellate

  • November 15, 2024

    Murdaugh's Ex-Banker Wins New Trial Over Juror Removal

    A bank executive who helped disgraced lawyer Alex Murdaugh steal client money deserves a new trial because a juror was inappropriately removed during deliberations, the Fourth Circuit has ruled in an issue of first impression.

  • November 15, 2024

    Texas Court OKs Peloton Atty's Suit Against Ex-Coworker

    A Texas appeals court won't toss a defamation suit accusing a former Peloton employee of falsely claiming to company executives and New Jersey police that she was bullied by her workplace acquaintance, an in-house attorney, after finding she can't avail herself of a state statute protecting citizens from retaliatory lawsuits.

  • November 15, 2024

    Texas Appeals Court: $3M Bond For Real Estate Row Stays

    A Texas appeals court found Thursday that a real estate company can't lower the bond it has to pay while it appeals its trial loss, saying the trial court got it right by raising the bond beyond what the company wanted because it did not put forward enough evidence.

  • November 15, 2024

    3rd Circ. Won't Rehear Moroccan Hotel Fight Over $60M Award

    The Third Circuit has declined to rethink its decision reviving a dispute over the enforcement of a $60 million arbitral award favoring the current owner of a luxury hotel in Casablanca, despite an investment group's claims that the ruling is unprecedented and disregards well-established Delaware law.

  • November 15, 2024

    7th Circ. Takes Issue With Atty's Insider Trading Acquittal

    A Seventh Circuit judge signaled Friday that an Illinois attorney's insider trading acquittal may be on shaky ground, saying the trial court made a post-conviction ruling that seems "hard to defend."

  • November 15, 2024

    Kalshi Fires Back At CFTC's 'Futile' Election Betting Appeal

    The Commodity Futures Trading Commission is attempting to "rewrite" its governing statute by claiming that placing bets on the outcome of elections is a form of prohibited gaming, trading platform KalshiEx LLC told the D.C. Circuit on Friday as it fought to continue listing election contracts in the future.

  • November 15, 2024

    Meet Trump's Solicitor General Nominee John Sauer

    A former Missouri solicitor general who later convinced the U.S. Supreme Court that former presidents have sweeping immunity from prosecution for their official acts is poised to become the next U.S. solicitor general, joining other members of President-elect Donald Trump's criminal defense team who are slated to take top roles at the U.S. Department of Justice.

  • November 15, 2024

    Pa. Top Court Snapshot: Silent Partners, Skill Games In Nov.

    The Pennsylvania Supreme Court's November argument schedule will task the justices with determining whether a property owner's absentee partner is an "indispensable party," whether CBD oil is reimbursable under workers' comp, and whether operating legally gray "skill games" should disqualify someone from getting a gaming license.

  • November 15, 2024

    The High Court Fee Case That Has Civil Rights Attys On Edge

    The U.S. Supreme Court could soon make it more difficult for civil rights attorneys to get paid even when they successfully challenge harmful government policies, an "earthshaking disturbance" advocates say could deter lawyers from taking on indigent clients.

  • November 15, 2024

    FERC Ignored Calif. Hydro Permitting Mischief, DC Circ. Told

    The Federal Energy Regulatory Commission turned a blind eye to clear evidence that California's water board gamed the permitting process in concluding that the state agency didn't waive its Clean Water Act permitting authority over two hydroelectric dams, the D.C. Circuit heard this week.

  • November 15, 2024

    Poor Counsel Led To Unjust Tax Convictions, Justices Told

    A North Carolina actuary asked the U.S. Supreme Court to review a Fourth Circuit decision denying his bid to reverse his 2016 tax fraud convictions, saying the ruling was based on bad decisions made by his then-trial counsel.

  • November 15, 2024

    Paxton Says Texas Porn Site Law 'Modest' Way To End 'Crisis'

    Texas Attorney General Ken Paxton told the U.S. Supreme Court on Friday that a state law requiring visitors to prove their age before accessing content on certain adult-oriented websites is tailored in the most "modest" way possible to address a "public health crisis."

  • November 15, 2024

    Wis. Agency Issues Permits To Reroute Enbridge Pipeline

    The Wisconsin Department of Natural Resources approved permits needed for Enbridge Energy to move forward with a proposal to reroute a 12-mile portion of its controversial Line 5 pipeline around a Native American reservation and build a new 41-mile segment outside the area.

  • November 15, 2024

    FERC Can't Justify Pipeline Project Extension, DC Circ. Told

    The Federal Energy Regulatory Commission's ability to extend pipeline construction deadlines simply cannot be applied to a wholesale revision of a proposed southern spur of the Mountain Valley Pipeline, opponents of the project told the D.C. Circuit Thursday.

  • November 15, 2024

    Ga. Panel Says Homeowners Must Arbitrate Boundary Spat

    The Georgia Court of Appeals on Friday ordered a property line spat between a construction company and a homeowner sent to arbitration, reversing a trial court's ruling that the issue fell outside the bounds of an arbitration provision within the original sale contract.

  • November 15, 2024

    Detroit 'Rain Tax' Stormwater Fees Upheld By Appellate Court

    Fees that Detroit charges property owners to maintain its stormwater drainage system are not illegal taxes, a Michigan Court of Appeals panel held, finding that although the charges are effectively compulsory, they are not subject to constitutional restrictions on tax increases.

  • November 15, 2024

    Tenneco Asks Justices To Review 6th Circ. Arbitration Denial

    Automotive parts company Tenneco asked the U.S. Supreme Court on Friday to review a Sixth Circuit decision from August that refused to force individual arbitration of a proposed class action from workers alleging retirement plan mismanagement, arguing lower courts had disagreed on how to apply federal arbitration law.

  • November 15, 2024

    Fed. Circ. Won't Send Smartwatch Patent Case Out Of Texas

    The Federal Circuit on Friday shot down smartwatch maker Zepp Health's bid to transfer a patent infringement case from Texas to California, agreeing with a lower court's finding that the company failed to show the Golden State was the better forum.

  • November 15, 2024

    Michael Jordan's Racing Team Seeks Speedy NASCAR Appeal

    Two NASCAR teams, including one owned by Michael Jordan, are hoping to sway the Fourth Circuit to fast-track their appeal of a lower court's decision to not grant their request to race next season, arguing that without an expedited process, a decision could come too late to matter.

  • November 15, 2024

    Ayahuasca Church Urges Justices To Hear Discovery Case

    An Arizona church that uses a psychedelic substance in its ceremonies has asked the U.S. Supreme Court to reconsider lower courts' rulings directing the church to turn over members' personal information to federal drug enforcement authorities.

  • November 15, 2024

    Another Paul Hastings Int'l Arbitration Atty Joins Linklaters

    Linklaters has added a senior counsel in Washington, D.C., who joins the firm's international arbitration practice from Paul Hastings LLP, weeks after that firm's international arbitration practice co-chair made a similar jump.

  • November 15, 2024

    Grassley To Take 'Traditional Approach' To Blue Slips

    Sen. Chuck Grassley, R-Iowa, the incoming chair of the Senate Judiciary Committee, is signaling he will keep the process in place for home state senators' approval of district court nominees, although in the past he has claimed discretion to move forward when he thinks there's no good reason to block a nominee. 

  • November 15, 2024

    Hospital Workers' 2nd Circ. Appeal May Wait For Deloitte Case

    Workers for Montefiore Medical Center seeking to revive retirement plan mismanagement allegations may see a delayed ruling in their case until another Second Circuit panel rules on similar claims against Deloitte, a panel judge said Friday during proceedings.

  • November 15, 2024

    Atty Who Called Mich. Judge 'Crazy' Secures New Hearing

    A criminal defense attorney found in contempt for calling a Michigan judge "crazy" during a hearing in his courtroom will get a new hearing because a different judge should have handled the contempt proceedings, a state appellate court panel has determined.

  • November 15, 2024

    UAW Local Defeats Black Worker's Race Bias Suit At 7th Circ.

    The Seventh Circuit refused to reinstate a suit from a Black former General Motors worker who said a United Auto Workers local ignored a grievance he filed alleging that race bias cost him his job, saying he failed to explain why it took him years to challenge the union's decision.

Expert Analysis

  • Opinion

    More Guidance Needed On Appellate Amicus Recusals

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    Instead of eliminating the right for amici to file briefs on consent, as per the recently proposed Federal Appellate Rules amendment, the Judicial Conference's Committee on Codes of Judicial Conduct should issue guidance on situations in which amicus filings should lead to circuit judge recusals, says Alan Morrison at George Washington University Law School.

  • Mich. Whistleblower Ruling Expands Retaliation Remedies

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    The Michigan Supreme Court's recent Occupational Health and Safety Act decision in Stegall v. Resource Technology is important because it increases the potential exposure for defendants in public policy retaliation cases, providing plaintiffs with additional claims, say Aaron Burrell and Timothy Howlett at Dickinson Wright.

  • Patent Owner Estoppel Questions In The Wake Of SoftView

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    The U.S. Patent and Trademark Office's seldom-litigated Rule 42.73(d)(3) on Patent Trial and Appeal Board estoppel was recently brought to the forefront in the Federal Circuit's SoftView v. Apple decision, highlighting uncertainties in this aspect of patent practice, say David Haars and Richard Crudo at Sterne Kessler.

  • What VC Fund Settlement Means For DEI Grant Programs

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    An unexpected settlement in American Alliance for Equal Rights v. Fearless Fund, based on specific details of an Atlanta venture capital fund's challenged minority grant program, leaves the legal landscape wide open for organizations with similar programs supporting diversity, equity and inclusion to chart a path forward, say attorneys at Moore & Van Allen.

  • Nuclear Waste Storage Questions Justices May Soon Address

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    The petition for the U.S. Supreme Court to review U.S. Nuclear Regulatory Commission v. Texas stands out for a number of reasons — including a deepening circuit split regarding the NRC's nuclear waste storage authority under the Atomic Energy Act, and broader administrative law implications, say attorneys at MoloLamken.

  • Fed. Circ. Ruling Creates New Rule For Certification Marks

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    The Federal Circuit's decision last month in Bureau National Interprofessionnel du Cognac v. Cologne & Cognac Entertainment is significant in that it establishes a new standard for assessing evidence of third-party uses of a certification mark in deciding whether the mark is famous, say Samantha Katze and Lisa Rosaya at Manatt.

  • Series

    After Chevron: Conservation Rule Already Faces Challenges

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    The Bureau of Land Management's interpretation of land "use" in its Conservation and Landscape Health Rule is contrary to the agency's past practice and other Federal Land Policy and Management Act provisions, leaving the rule exposed in four legal challenges that may carry greater force in the wake of Loper Bright, say Stacey Bosshardt and Stephanie Regenold at Perkins Coie.

  • 11 Patent Cases To Watch At Fed. Circ. And High Court

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    As we head into fall, there are 11 patent cases to monitor, touching on a range of issues that could affect patent strategy, such as biotech innovation, administrative rulemaking and patent eligibility, say Edward Lanquist and Wesley Barbee at Baker Donelson.

  • Opinion

    3rd. Circ. Got It Right On Cancer Warning Claims Preemption

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    The Third Circuit's recent, eminently sensible ruling in a failure-to-warn case against Roundup manufacturer Monsanto, holding that the Federal Insecticide, Fungicide and Rodenticide Act preempts state law claims, provides a road map that other courts should adopt, says Lawrence Ebner at the Atlantic Legal Foundation.

  • How Methods Are Evolving In Textualist Interpretations

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    Textualists at the U.S. Supreme Court are increasingly considering new methods such as corpus linguistics and surveys to evaluate what a statute's text communicates to an ordinary reader, while lower courts even mull large language models like ChatGPT as supplements, says Kevin Tobia at Georgetown Law.

  • 7th Circ. Rulings Offer Employee Vaccine Exemption Guidance

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    Dawn Solowey and Samantha Brooks at Seyfarth explain how two recent Seventh Circuit rulings in Passarella v. Aspirus and Bube v. Aspirus could affect litigation involving employee vaccine exemptions, and discuss employer best practices for handling accommodation requests that include both religious and secular concerns.

  • The Fed. Circ. In August: Secret Sales And Public Disclosures

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    Two recent Federal Circuit rulings — Sanho v. Kaijet and Celanese International v. ITC — highlight that inventors should publicly and promptly disclose their inventions, as a secret sale will not suffice as a disclosure, and file their patent applications within a year of public disclosure, say Sean Murray and Jeremiah Helm at Knobbe Martens.

  • The State Law Landscape After Justices' Social Media Ruling

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    Following the U.S. Supreme Court’s recent NetChoice ruling on social media platforms’ First Amendment rights, it’s still unclear if state content moderation laws are constitutional, leaving online operators to face a patchwork of regulation, and the potential for the issue to return to the high court, say attorneys at Crowell & Moring.

  • Employers Should Not Neglect Paid Military Leave Compliance

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    An August decision from the Ninth Circuit and the settlement of a long-running class action, both examining paid leave requirements under the Uniformed Services Employment and Reemployment Rights Act, are part of a nationwide trend that should prompt employers to review their military leave policies to avoid potential litigation and reputational damage, says Bradford Kelley at Littler.

  • Unpacking Jurisdiction Issues In 3rd Circ. Arbitration Ruling

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    The Third Circuit's recent ruling in George v. Rushmore Service Center could be interpreted to establish three principles regarding district courts' jurisdiction to enter arbitration-related orders under the Federal Arbitration Act, two of which may lead to confusion, says David Cinotti at Pashman Stein.

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