Appellate

March 10, 2025
Fed. Circ. Vacates PTAB Decision Partly Axing 4G Patent

The Federal Circuit on Monday vacated a Patent Trial and Appeal Board decision partly invalidating a Sisvel patent that the company says is essential to the 4G standard and has asserted against other businesses in infringement litigation.
March 10, 2025
Viacom And NAI Can Continue Shareholder Coverage Dispute

A Delaware Superior Court judge ruled in companion cases that Shari Redstone, National Amusements Inc. and Viacom Inc. can still seek coverage for millions after underlying shareholder litigation in the wake of Viacom's 2019 CBS merger, determining prior actions were unrelated to the underlying disputes at hand.
March 10, 2025
11th Circ. Urged To Find Qui Tam Cases Unconstitutional

A group of defendants accused of Medicare Advantage fraud urged the Eleventh Circuit on Monday to uphold a decision finding the False Claims Act's whistleblower provision unconstitutional, saying the statutory clause violates the Constitution in multiple ways.
March 10, 2025
Colo. Justices To Review Insurers' Noncooperation Defense

The Colorado Supreme Court will consider whether a pair of insurance companies can defeat a man's bad-faith lawsuit by arguing his failure to turn over medical information about a surgery before his auto accident breached a contractual duty, according to an order Monday granting two petitions for review.
March 10, 2025
FTC Wants Pause On Noncompete Appeals, Pending Decision

The Federal Trade Commission is asking two circuit courts to pause their reviews of its ban on noncompete clauses, saying it needs time to reconsider whether it actually wants to defend the rule.
March 10, 2025
DOJ Wants In On Invisalign Monopoly Arguments At 9th Circ.

The U.S. Department of Justice wants to be there when orthodontists and consumers who purchased clear teeth aligners face off with the company behind Invisalign at the Ninth Circuit next month, so it can tell the appellate judges where the lower court went wrong in killing their monopoly suits.
March 10, 2025
2nd Circ. Won't Free Ex-JPMorgan Banker From Industry Ban

The Second Circuit on Monday upheld a lifetime investment advising ban against a former JPMorgan Chase & Co. and Perella Weinberg Partners investment banker convicted of insider trading, saying that the U.S. Securities and Exchange Commission presented substantial evidence demonstrating that the ban was appropriate.
March 10, 2025
Ex-Package Co. Worker Wants 6th Circ. Redo In ADA Suit

A former mill utility worker is urging the Sixth Circuit to rehear his suit claiming a packaging manufacturer wouldn't let him return to work because he asked for a medical accommodation, arguing an appellate panel's ruling ignored key evidence at trial, including that he could have worked in a lighter-duty role.
March 10, 2025
Tribe Says BNSF Can't Derail $400M Trespass Judgment

A Washington tribe is urging the Ninth Circuit to uphold a lower court's finding that BNSF Railway Co. must pay nearly $400 million for years of illegally running oil cars across tribal territory, saying the railroad's claim that it strips away lawfully earned profits "makes little sense."
March 10, 2025
GOP Sens. Escalate Fight With ABA Over 'Leftist' Statements

A group of Senate Republicans are once again going after the American Bar Association, which they claim has become a "leftist" organization, and announced Monday they will disregard ABA ratings on judicial nominees and encouraged the Trump administration and their colleagues to do the same.
March 10, 2025
Trump Asks For Stay Of NLRB Member's Reinstatement

The Trump administration asked the D.C. Circuit on Monday to stay a federal judge's order reinstating fired National Labor Relations Board member Gwynne Wilcox, saying the order steps on the president's authority to control the workings of the executive branch.
March 10, 2025
Ariz. Power Co. Asks Justices To Review Tax On Tribal Plant

An energy company asked the U.S. Supreme Court to review Arizona court decisions that said a power plant it owns on tribal land is subject to property taxes, arguing that privately owned improvements located on Native American reservations are exempt from state and local taxes.
March 10, 2025
Split 5th Circ. Vacates Death Sentence Over Brady Violations

A split Fifth Circuit has reversed and vacated a Texas woman's murder conviction and death sentence after 27 years, having determined that prosecutors failed to properly disclose evidence in accordance with U.S. Supreme Court precedent, and remanded the case to Amarillo, Texas, federal court.
March 10, 2025
Sig Sauer To Appeal $2.3M Accidental Fire Verdict

Sig Sauer said Monday that it plans to appeal a $2.35 million verdict it lost to a Georgia man who claimed that a defect in its popular P320 pistol caused him to accidentally shoot himself after a federal judge declined the company's bid for a new trial.
March 10, 2025
Treasury's CTA Halt Doesn't Justify Block, Feds Tell 5th Circ.

The U.S. Treasury Department halting enforcement of the Corporate Transparency Act on domestic entities doesn't add justification to a nationwide block on the law because it's a valid exercise of Congress' powers to regulate commerce, taxes, foreign affairs and national security, the U.S. government told the Fifth Circuit.
March 10, 2025
11th Circ. Affirms FCC Ownership Ruling, But Scraps Penalty

The Eleventh Circuit upheld a Federal Communications Commission finding that Gray Television broke ownership consolidation rules when it bought a CBS affiliate in Anchorage, Alaska, but vacated a $518,283 penalty against the broadcast company, saying the agency failed to serve Gray proper notice on an "egregiousness" finding.
March 10, 2025
4th Circ. Reverses $10M Coverage Cap For Aluminum Co.

The Fourth Circuit on Monday reversed a lower court's ruling capping an aluminum supplier's total recovery for losses related to a fire at $10 million, saying a molten material endorsement in the company's all-risk policies is ambiguous.
March 10, 2025
Colo. Proposal Seeks Taxpayer Votes On New State Fees

Colorado voters could decide whether to require future votes to approve new state fees and other charges to fund major state enterprises under a pair of proposed initiatives with titles approved by a state board.
March 10, 2025
Trump Tells 9th Circ. To Undo Birthright Citizenship Injunction

President Donald Trump urged the Ninth Circuit to undo a Washington federal court's injunction on his executive order limiting birthright citizenship, saying children born to noncitizens in the United States do not fall within the Fourteenth Amendment's Citizenship Clause.
March 10, 2025
Fed. Circ. Skeptical Of USPTO's Refusal To Register F-Word TM

A Federal Circuit panel appeared skeptical of the U.S. Patent and Trademark Office's reasoning for rejecting an application to register the F-word as a mark because of its widespread use, with one judge telling the government's attorney a couple of times during arguments Monday, "I don't understand what you're saying."
March 10, 2025
High Court Will Review Colo.'s Conversion Therapy Ban

The U.S. Supreme Court announced Monday that it will review a challenge to Colorado's ban on licensed therapists providing conversion therapy to transgender minors, in a case that asks whether the state's law is a permissible regulation of professional conduct or an unconstitutional restriction of speech.
March 10, 2025
Colo. Justices To Weigh Attys' Duties When Borrowing Claims

Colorado justices will consider if and when attorneys can borrow claims from other lawsuits and still satisfy their personal duty to conduct a "reasonable inquiry" under professional rules, according to an order on Monday agreeing to hear a telecommunications company's challenge to a stockholder suit.
March 10, 2025
Colo. Court Affirms Property Tax Valuation For Partial Build

A partly built commercial building in Colorado was properly valued by a county board of equalization, as the state doesn't have an exemption for partial builds, a state appeals court ruled.
March 10, 2025
Fed. Circ. Won't Pause Teva Patent Delisting For Appeal

The Federal Circuit denied on Friday Israeli drugmaker Teva Pharmaceuticals' bid to keep an injunction ordering it to remove its inhaler patents from the U.S. Food and Drug Administration's Orange Book on hold pending its appeal of the matter to the U.S. Supreme Court.
March 10, 2025
Justices To Weigh If Del. Expert Law Applies In Federal Court

The U.S. Supreme Court on Monday agreed to review whether federal courts must apply a Delaware state law requiring an expert affidavit for all medical malpractice complaints.

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.