Appellate

  • March 06, 2025

    Mich. Supreme Court Preview: Sex Offender Tracking, Rentals

    The Michigan Supreme Court is gearing up to hear arguments next week on the constitutionality of making sex offenders wear location-tracking devices for life, whether short-term vacation rentals fit into the definition of residential use of a property and whether political parties have standing to sue when a community's election workers are overwhelmingly from the same political party.

  • March 06, 2025

    Insurance Mogul Can Pursue $8.2M Battle Over NC Office Park

    Convicted insurance mogul Greg Lindberg and his company Global Growth Holdings Inc. will have another shot at counterclaims in an unpaid rent lawsuit against another company once owned by Lindberg, a North Carolina state appeals court ruled Wednesday.

  • March 06, 2025

    Texas Panel Says Police Dept. Must Face Pregnancy Bias Suit

    A Texas appeals court on Thursday said a police department cannot escape a former employee's lawsuit accusing it of firing her after she asked to take unpaid leave to recover from a cesarean section, but ruled the city encompassing the police department was not involved in employment decisions.

  • March 06, 2025

    Diverse Judiciary Is Crucial, Justice Jackson Tells Attys

    U.S. Supreme Court Justice Ketanji Brown Jackson told attorneys in Miami on Thursday at the American Bar Association's annual White Collar Crime Institute that her judicial philosophy is "still under development" and said diversity in the judiciary is necessary to help instill confidence in the judicial branch of government.

  • March 06, 2025

    Apple Tells DC Circ. Google Search Fixes Change Incentives

    Apple has told the D.C. Circuit that it did not know the U.S. Department of Justice would go as far as it did with its proposed fixes in the Google search antitrust case, and it moved to intervene as soon as it became clear the two companies have opposing interests under the government's proposal.

  • March 06, 2025

    Citi's Appeal Gamble Is A Loser For All, NY AG Says

    New York's attorney general has urged a Manhattan federal judge to deny Citibank's bid to appeal the judge's decision allowing the state's wire transfer fraud protection case against the bank to proceed, arguing that an immediate appeal would not benefit any party, even the bank.

  • March 06, 2025

    No Cancer Therapy Patent For AbbVie, Says Federal Circuit

    The Federal Circuit declined on Thursday to second-guess a Virginia federal judge who sided with the U.S. Patent and Trademark Office in refusing to issue a patent requested to cover a purportedly new way of administering a clinical stage cancer treatment to an AbbVie unit.

  • March 06, 2025

    Conn. Justices Could Limit Court Powers In Probate Appeals

    Connecticut's state court rules do not specify that a judge can grant summary judgment to a party in a probate appeal, so that power might not be available, a Connecticut Supreme Court justice said Thursday during oral argument about an issue that the high court has never considered.

  • March 06, 2025

    Minn. Couple Can't Claim $105K Deduction, High Court Affirms

    A Minnesota couple were properly assessed an outstanding income tax liability and disallowed a business loss deduction by the state tax court, the Minnesota Supreme Court ruled. 

  • March 06, 2025

    The Antitrust Litigation Surrounding NAR's Industry Rules

    A year and a half after a Missouri federal jury found that the National Association of Realtors inflated fees for home sellers, the Eighth Circuit is evaluating a series of settlements in wake of the decision while the Justice Department pursues its own antitrust investigation with a court's blessing.

  • March 06, 2025

    Conn. Chief Justice Names New Appellate Court Leader

    Connecticut Appellate Court Judge Melanie L. Cradle has been appointed as the court's top judge following her predecessor's confirmation to the Connecticut Supreme Court.

  • March 06, 2025

    USW Strikers Found Eligible For Unemployment Pay

    Workers represented by the United Steelworkers who sought unemployment compensation during a work stoppage could receive the benefit under state law, a Pennsylvania appellate court concluded Thursday, finding claimants were eligible because a steel company took actions that changed the strike to a lockout.

  • March 06, 2025

    Contempt Of Atty's 'Own Making,' Judge Says In Allowing Trial

    A Dutch software company can't push back a copyright trial after one of its attorneys from Womble Bond Dickinson was held in contempt and was temporarily kicked off the case, a North Carolina federal judge ruled, finding the predicament "entirely of counsel's own making."

  • March 06, 2025

    NY Court Rejects Leon Black's Malicious Prosecution Suit

    A New York appeals court on Thursday rejected a malicious prosecution suit brought by former Apollo Global Management CEO Leon Black against Wigdor LLP, which represented a woman in a failed lawsuit accusing him of sexual assault.

  • March 06, 2025

    IRS Can't Defend Slashing Of Easement Value, 11th Circ. Told

    Conservation easement donors whose charitable tax deduction was reduced by millions of dollars by the U.S. Tax Court criticized the Internal Revenue Service's defense of the decision, telling the Eleventh Circuit the ruling ignored copious evidence of the property's value underlying the donation's worth.

  • March 06, 2025

    6th Circ. Says Nursing Home Worker's Actions Justified Firing

    The Sixth Circuit refused to revive a former nursing home social services director's suit claiming she was fired for raising concerns about resident care and her supervisor's inappropriate behavior, finding she couldn't overcome the company's explanation that her absenteeism and covert recordings of meetings cost her the job.

  • March 06, 2025

    Fed. Circ. Nixes Portion Of VA Rule Authorizing Inspections

    A Federal Circuit panel on Thursday axed part of a U.S. Department of Veterans Affairs rule that allowed it to inspect computer hardware and software and even the physical locations that people use to remotely access its electronic benefit management systems.

  • March 06, 2025

    Worker Seeks To Revive NY Teamsters Retirement Plan Suit

    A union-represented worker is fighting a New York federal judge's conclusion that he failed to show how the caretakers of his Teamsters retirement plan mismanaged his savings, asking the Second Circuit to revive his proposed Employee Retirement Income Security Act class action.

  • March 06, 2025

    Dems Intro Their Own Version Of The JUDGES Act

    Top Democrats on the House Judiciary Committee reintroduced a version of the JUDGES Act on Thursday that would not take effect until after the next president is elected, unlike a version from their Republican counterparts that would take effect this year.

  • March 05, 2025

    SpaceX Fails To Get 5th Circ. To Block NLRB Case

    The Fifth Circuit on Wednesday dismissed SpaceX's appellate court bid to stop a National Labor Relations Board administrative proceeding alleging it unlawfully fired employees who criticized company CEO Elon Musk, saying the circuit court lacked jurisdiction since a lower court didn't first deny SpaceX's injunctive relief request.

  • March 05, 2025

    DC Circ. Lets Trump Remove Watchdog Chief As Feds Appeal

    The D.C. Circuit on Wednesday issued a stay that allows President Donald Trump to fire the head of the Office of Special Counsel while the government appeals a district court order that permanently reinstalled the federal employment watchdog.

  • March 05, 2025

    Fla. Chiropractor Bilked State Farm For $2.7M, 11th Circ. Told

    State Farm urged an Eleventh Circuit panel on Wednesday to find that it had shelled out $2.7 million to an unscrupulous Florida chiropractor who paid kickbacks for medically unnecessary claims, arguing that the provider should be held liable for fraud under a theory that he violated a state licensure exemption.

  • March 05, 2025

    Wash. Justices Won't Take Up Pemco's Fire Coverage Appeal

    The Washington Supreme Court won't review a lower court's ruling that Pemco Mutual Insurance Co. must cover a woman's claim for fire damage to her former home after she was assaulted and set ablaze there by her ex-husband.

  • March 05, 2025

    Fed. Circ. Backs PNC's PTAB Win Over Mobile Banking IP

    The Federal Circuit on Wednesday affirmed a win PNC Bank landed at an administrative patent board against a Texas bank that is suing PNC over mobile banking technology.

  • March 05, 2025

    Baylor Asks Texas Justices To Review $12M Virus Verdict Toss

    Baylor College of Medicine asked the Texas Supreme Court to rethink an appellate panel's COVID-19 coverage decision wiping a $12 million jury verdict in its favor, arguing the ruling was based on a 1995 edition of a legal treatise that incorrectly concluded intangible damage isn't covered.

Expert Analysis

  • How Decline Of Deference Will Affect Trump Policymaking

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    An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.

  • Series

    Ohio Banking Brief: All The Notable Legal Updates In Q4

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    Ohio's banking and financial services sector saw several significant developments in the fourth quarter of 2024, including a landmark Uniform Commercial Code ruling, adjustments to the state's Homebuyer Plus Program and the launch of the state's first women-led bank, says attorney Alex Durst.

  • 6 Predictions For Cyber Risk And Insurance In 2025

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    This year is likely to bring with it some thorny and expensive cyber challenges, including increased ransomware activity, more data breach class actions and continued efforts to define business interruption loss calculations, say attorneys at Wiley.

  • 7 Ways 2nd Trump Administration May Affect Partner Hiring

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    President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.

  • Opinion

    Courts Must Curb The Drug Price Negotiation Program

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    The Inflation Reduction Act's drug price negotiation program upends incentive structures that drive medical innovation, and courts must act appropriately to avoid devastating consequences for American healthcare and the pharmaceutical industry, says Jeff Stier at the Consumer Choice Center.

  • E-Discovery Quarterly: Rulings On Custodian Selection

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    Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.

  • Opinion

    Section 230 Debates Will Continue, With Or Without TikTok

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    Regardless of whether TikTok is forced to shut down in the U.S. in the coming weeks, legal disputes will continue over social media platforms' responsibility under Section 230 of the Communications Decency Act for harms allegedly caused by content shared on their apps, says Carla Varriale-Barker at Segal McCambridge.

  • Surprise NC COVID Ruling Revises Reasonable Expectations

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    The North Carolina Supreme Court's recent finding in favor of policyholders in a suit for business interruption coverage due to COVID-19 shutdown orders runs contrary to most other state and federal courts' holdings on the issue, and may revitalize the reasonable expectations doctrine in the state, say attorneys at Goldberg Segalla.

  • Impact Of Successful Challenges To SEC's Rulemaking Ability

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    In 2024, the U.S. Securities and Exchange Commission faced significant legal challenges to its aggressive rulemaking agenda as several of its rules were vacated by the Fifth Circuit, which could hinder the SEC's ability to enact rules extending beyond express statutory authority in the future, say attorneys at Debevoise.

  • 5 Transition Tools Trump Could Use To Implement His Agenda

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    President-elect Donald Trump will have several tools available to him to halt or otherwise claw back federal regulations promulgated during the Biden administration, including reconciliation, executive orders and memoranda, say attorneys at Gibson Dunn.

  • When Judging Product Label Claims, Follow The Asterisk

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    A recurring question in false advertising class actions is whether misleading or ambiguous statements on a product's front label can be cured by information on the back label — but recent decisions from the Ninth Circuit suggest that a front-label asterisk can help alert consumers to seek further clarification, say attorneys at Hunton.

  • Justices Seem Focused On NEPA's Limits In Utah Rail Case

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    After last month's oral argument at the U.S. Supreme Court in Seven County Infrastructure Coalition v. Eagle County, Colorado, the court appears poised to forcefully reiterate that the National Environmental Policy Act requires federal agencies to review only those environmental impacts within their control, say attorneys at Perkins Coie.

  • Fed. Circ. Patent Decisions In 2024: An Empirical Review

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    Despite an ever-increasing backlog of argument-ready cases, the Federal Circuit issued fewer decisions in 2024 than in previous years, and the decisions' overall friendliness toward patent owners and applicants was low, says Dan Bagatell at Perkins Coie.

  • Series

    Exercising On My Peloton Bike Makes Me A Better Lawyer

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    While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.

  • 5 Drug And Device Developments That Shaped 2024

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    The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.

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