Appellate

  • January 06, 2025

    Pa. Paper Fights NLRB's 'Rare' Injunction Bid At 3rd Circ.

    The publisher of the Pittsburgh Post-Gazette challenged the National Labor Relations Board's "rare" injunction motion to make it bargain with a union and rescind unilateral changes to healthcare benefits, telling the Third Circuit that the newspaper lawfully asserted an impasse in talks.

  • January 06, 2025

    Pa. Lawmaker's 'Defamatory' Memo Is Deemed Immune

    Legislative immunity protects a Pennsylvania state senator from an energy executive's claims that he was defamed with a memo about legislation to close a legal loophole associated with his name, according to a ruling from a state appellate court.

  • January 06, 2025

    DOD Tells DC Circ. It's Pondering New Time-In-Service Regs

    The U.S. Department of Defense told the D.C. Circuit that litigation over its scrapped time-in-service requirements for immigrant soldiers to be eligible for naturalization is not moot, because it may issue new requirements — an assertion that soldiers who successfully challenged the policy panned.

  • January 06, 2025

    Chamberlain Hrdlicka Says $700K Award Ignores Civil Rule

    Chamberlain Hrdlicka White Williams & Aughtry is asking the Texas Supreme Court to review a $700,000 judgment in favor of a cost-cutting consulting firm, arguing the lower court failed to follow a procedural rule requiring specificity in directed verdict motions.

  • January 06, 2025

    Pa. Panel Permits Stacked UIM Benefits Within Same Policy

    A woman severely injured in a motorcycle accident is entitled to underinsured motorist coverage under the same policy that directly covered the motorcycle, the Pennsylvania Superior Court ruled, finding that because she held a separate policy providing underinsured benefits, stacking was permitted under the former policy.

  • January 06, 2025

    DOJ Says Missed 30-Day Removal Appeal Window Reviewable

    The federal government told the U.S. Supreme Court that a 30-day deadline for noncitizens to challenge removal orders only applies for purposes of judicial review when proceedings in lower tribunals conclude, not when the initial removal orders are issued.

  • January 06, 2025

    Frontier Tests DC Airport Slot Exemptions At DC Circ.

    Frontier Airlines Inc. is contesting a decision from federal transportation regulators to exclude the budget carrier from a list of airlines allowed to operate new long-distance flights out of Reagan National Airport, just outside Washington, D.C.

  • January 06, 2025

    7th Circ. Denies Polish Migrant's Removal Appeal Over DUI

    A Seventh Circuit panel unanimously rejected a Polish national's attempt to change her immigration status to that of a permanent resident following a 2005 aggravated DUI conviction, saying the Immigration and Nationality Act strips it from reviewing such discretionary determinations.

  • January 06, 2025

    Ex-NFL Pro Abandons 5th Circ. Bid To Renew Benefits Suit

    Former Denver Broncos fullback Detron Smith has dropped his Fifth Circuit appeal of a ruling that denied his bid to receive full disability benefits, days before arguments were set in the case.

  • January 06, 2025

    NC Top Court Candidate Contests Removal Of Vote Challenge

    A Republican appellate judge looking to throw out more than 60,000 votes in his race for a seat on the North Carolina Supreme Court has demanded that his legal challenge be kicked back to the Tar Heel State's top court, saying its removal to federal court "threatens our system of federalism."

  • January 06, 2025

    Texas Justice Jimmy Blacklock Named High Court Chief

    Texas Supreme Court Justice Jimmy Blacklock is being promoted to chief justice and Gov. Greg Abbott's general counsel has been tapped to fill the seat Justice Blacklock is vacating, the governor's office announced Monday.

  • January 06, 2025

    Breyer's 1st Circ. Visit A 'Very Cool' Opportunity For Attys

    As some lawyers practicing before the First Circuit may learn this week, having a former Supreme Court justice parachute into arguments adds an extra layer of gravitas to the proceedings and another challenge for advocates to navigate as they make their case.

  • January 06, 2025

    On Capitol Riot Anniversary, DOJ Update Says 1,500 Charged

    On the fourth anniversary of the deadly attack on the U.S. Capitol and the day President-elect Donald Trump's victory was to be made official, the U.S. Department of Justice announced that over 1,500 defendants have been charged with federal crimes related to the insurrection.

  • January 06, 2025

    Conn. Justices Won't Hike Benefits Cut For Law Partner's Ex

    The ex-husband of a law firm partner cannot secure a bigger cut of the partner's retirement funds because the payments from the firm are too "speculative" to qualify as property, the Connecticut Supreme Court ruled 5-1 on Monday.

  • January 06, 2025

    Arkansas' Justices Block New Chief From Firing Officials

    The Arkansas Supreme Court has blocked an attempt by its new chief justice to terminate 10 state court employees, saying that the proposed terminations appear to be "retaliatory" and "would disrupt the administration of justice across the state."

  • January 06, 2025

    2nd Circ. Says Argent Can't Force ESOP Suit To Arbitration

    The Second Circuit knocked down Argent Trust Co.'s bid to arbitrate a case alleging the wealth management company sold inflated shares to a barbecue chain's employee stock ownership plan, after ruling in a similar case that identical arbitration contract language wasn't enforceable.

  • January 06, 2025

    7th Circ. Affirms 'Do Not Call' Liability, But Balks At $28M Fine

    The Seventh Circuit vacated a $28.6 million penalty against two sales companies over unwanted telemarketing calls Friday, but upheld a district court ruling that they shared liability, ordering the lower court to reconsider the penalty and whether the companies could pay it.

  • January 06, 2025

    Trump Seeks To Stop Sentencing Before Inauguration

    A New York state judge on Monday denied Donald Trump's request to suspend his Jan. 10 sentencing in his hush money case as the president-elect simultaneously appealed the court's refusal to throw out the charges based on presidential immunity.

  • January 06, 2025

    Disney Buy Ends Fubo Sports Streaming Suit

    Disney and Fubo announced a deal Monday morning to combine the streaming startup with Disney's Hulu + Live TV business, in an agreement that ends Fubo's lawsuit that had so far successfully challenged a three-way live sports streaming joint venture between Disney's ESPN, Fox and Warner Bros. Discovery.

  • January 03, 2025

    3rd Circ. Won't Hit Brakes On NY Congestion Toll Launch

    New York City's highly litigated congestion pricing toll program began Sunday morning after the Third Circuit denied an emergency motion for an injunction to delay it while an appeal by the state of New Jersey unfolds.

  • January 03, 2025

    Feds Fight Trump-Backed Bid For Justices To Stop TikTok Ban

    The Biden administration on Friday urged the U.S. Supreme Court to reject a call backed by President-elect Donald Trump to freeze the looming deadline for TikTok to divest from its Chinese parent company or face a nationwide ban, arguing that the video-sharing app's First Amendment claims continue to fall flat. 

  • January 03, 2025

    CashCall Still On Hook For $134M To CFPB, 9th Circ. Rules

    The Ninth Circuit on Friday affirmed a $134.1 million restitution payment CashCall Inc. owes to the Consumer Financial Protection Bureau, saying in a published opinion that the loan company's voluntary participation in a bench trial meant that it had waived a right to a jury trial.

  • January 03, 2025

    Justices Urged To Review Late-Found Fraud, Int'l IP Damages

    The winner of a $6.6 million patent infringement verdict is asking the U.S. Supreme Court to review the Federal Circuit's refusal to increase those damages, saying the court set an improper standard for introducing fraud evidence discovered post-trial and overstepped when making unbriefed decisions on foreign damages.

  • January 03, 2025

    Mass. Justices Affirm $29M Award In Leg Amputation Suit

    The top court in Massachusetts on Friday upheld a nearly $29 million payout in a patient's lawsuit that accused two nurses and a physician assistant of causing his leg amputation, saying the details of a settlement agreement with two of the three healthcare professionals was properly excluded at trial.

  • January 03, 2025

    States Debate High Court Solution To Election Map Catch-22

    Louisiana has implored the U.S. Supreme Court to decisively resolve litigation over its federal election map in one of three ways, suggesting the justices could toss the case on standing, decide the merits, or, preferably, find that federal courts have no role in refereeing redistricting disputes.

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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