Appellate

  • March 26, 2025

    Ore. Lawyer Challenges Forced Bar Membership At High Court

    An Oregon attorney is asking the U.S. Supreme Court to hear his case after the Ninth Circuit found that the state bar violated his First Amendment right to freedom of association by publishing political statements — which included criticism of President Donald Trump — but also said a disclaimer that the bar doesn't speak for all its members could be enough to fix it.

  • March 26, 2025

    Illinois Supreme Court Denies Co.'s BIPA Coverage Appeal

    The Illinois Supreme Court left intact an intermediate appellate panel's decision relieving two Liberty Mutual units of covering a home decor company in its underlying dispute with employees who said its timekeeping practices are in violation of the state's biometric data privacy law.

  • March 26, 2025

    Fed. Circ. Affirms Apple PTAB Win Over Location-Tracking IP

    The Federal Circuit on Wednesday backed a Patent Trial and Appeal Board finding that Apple was able to show numerous claims in a patent covering location-tracking beacons were invalid, handing another win to the tech giant in an intellectual property fight with the patent owner.

  • March 26, 2025

    Trump Admin Asks Justices To End 'Fiscal Micromanagement'

    The U.S. Department of Education asked the Supreme Court on Wednesday to vacate a Boston federal judge's order reinstating $250 million in teacher training grants that the Trump administration targeted for cuts, saying the case presents an ideal vehicle to put a stop to "district-court fiscal micromanagement" of the executive branch.

  • March 26, 2025

    Governor Quickly Signs Delaware Corporate Law Revision Bill

    Delaware's governor has promptly signed into law closely watched legislation that has been described as an overhaul of the First State's corporation law.

  • March 26, 2025

    2nd Circ. Finds Pieces Missing From Lego IP Ruling

    The Second Circuit instructed a Connecticut federal judge Wednesday to rethink his decision that an injunction blocking the sale of a Lego competitor's figurines also applies to a later design, saying the lower court's failure to explain its decision suggests it "may have simply imported its prior reasoning."

  • March 26, 2025

    Medical Pot Center Not Exempt From 2017 Michigan Sales Tax

    A Michigan appeals panel has rejected a medical cannabis provisioning center's argument that it was exempt from sales tax in 2017, saying it is not entitled to the same exemption as primary caregivers and could not rely on a 2011 nonbinding letter in its argument.

  • March 26, 2025

    Goldstein's Devices Must Be Monitored, Judge Affirms

    A Maryland federal judge on Tuesday rejected U.S. Supreme Court lawyer and SCOTUSblog publisher Tom Goldstein's request to dismiss a bail condition that requires his electronic devices to be monitored out of concerns that he's been hiding millions in cryptocurrency from the government and could flee while facing tax evasion charges.

  • March 26, 2025

    Justices Rule Ch. 7 Trustee Can't Recover Tax Payments

    The U.S. Supreme Court on Wednesday reversed a Tenth Circuit decision allowing the bankruptcy trustee of a defunct Utah company to claw back $145,000 in federal taxes, saying the sections of the Bankruptcy Code relied upon by the trustee provide only a limited waiver of sovereign immunity.

  • March 26, 2025

    High Court Upholds ATF's Ghost Gun Rule

    The U.S. Supreme Court on Wednesday found that a Bureau of Alcohol, Tobacco, Firearms and Explosives rule restricting so-called ghost gun kits was wrongly invalidated by a lower appeals court and said the bureau has authority to regulate weapons parts and unfinished frames.

  • March 25, 2025

    Nigeria Drops Supreme Court Challenge On $70M Award

    Nigeria has agreed to abandon its effort to overturn a D.C. Circuit ruling nixing its sovereign immunity defense in litigation to enforce a $70 million arbitration award to a Chinese company that was forcibly booted from a free trade zone it had developed near the city of Lagos.

  • March 25, 2025

    Railroad's Trial Win Axed In Suit Over Worker's Cancer Death

    Soo Line Railroad Co. must face a new lung cancer trial arising from the death of a former worker after it improperly elicited surprise expert testimony from the man's treating oncologist, a Missouri appeals court ruled Tuesday.

  • March 25, 2025

    Medical Image Co. Gets Fed. Circ. To Back Ax Of Rival's IP

    A Federal Circuit ruling Tuesday affirmed administrative patent board holdings that wiped out claims in patents that cover a 3D photography system used in medical imaging and clinical trials.

  • March 25, 2025

    7th Circ. Says Wendy's Couldn't Foresee Or Prevent Shooting

    The Seventh Circuit on Tuesday affirmed a legal win for Wendy's in a suit brought by a customer who was shot in his car in the drive-thru lane, saying the unprovoked shooting was not foreseeable.

  • March 25, 2025

    11th Circ. Weighs Muldrow Ruling In ASU Gender Bias Case

    Alabama State University on Tuesday faced an Eleventh Circuit judge's question on whether its argument for reversing a gender discrimination win for the school's former softball coach holds up under the U.S. Supreme Court's Muldrow ruling for Title VII claims.

  • March 25, 2025

    Docs Sought By Paper Likely To End Up In Suit, Dallas Says

    The city of Dallas told a Texas appeals court Tuesday that making it turn over records on a federal housing discrimination investigation to The Dallas Morning News would disturb " the equal footing between governmental bodies and individuals" because the records at issue will likely end up in a lawsuit.

  • March 25, 2025

    Texas Panel Asks If Guadalupe Diversion Meshes With Law

    A Texas appeals panel questioned the state on Tuesday on why it didn't conduct site-specific assessments before issuing a permit to divert water from the Guadalupe River, saying that the Texas Water Code appeared to conflict with the state's process.

  • March 25, 2025

    9th Circ. OKs Jan. 20 Pause On New Refugee Admissions

    The Ninth Circuit granted in part Tuesday the Trump administration's emergency bid to stay a preliminary injunction barring President Donald Trump from suspending the U.S. refugee program, but clarified that refugees whose requests were processed prior to Trump's Jan. 20 order must be admitted.

  • March 25, 2025

    Dow, PPG Likely To Face Modesto's Contamination Claims

    A California appellate court tentatively ruled Tuesday that the city of Modesto's claims against Dow Chemical and PPG Industries related to perchloroethylene in the city's soil and water at a dry-cleaning site that used a solvent they manufactured weren't filed too late, saying the allegations were encompassed in the original 1998 complaint.

  • March 25, 2025

    Insurers Claim 4th Circ. Must Revisit Ruling For Aluminum Co.

    Insurers in a coverage cap dispute with an aluminum company have asked the Fourth Circuit to reconsider an opinion holding that an ambiguous policy provision must be construed in the company's favor, calling it contrary to South Carolina law.

  • March 25, 2025

    Fed. Circ. Upholds Meta's PTAB Win On Xerox Message Patent

    The Federal Circuit on Tuesday shot down Xerox Corp.'s bid to overturn a Patent Trial and Appeal Board decision that claims in its message distribution patent were invalid, handing a win to Meta in the tech giant's challenge to the patent.

  • March 25, 2025

    6th Circ. Won't Rethink Ruling On 'Captive Audience' Memo

    A Sixth Circuit panel on Tuesday said it wouldn't rethink its ruling that a Michigan construction trade group lacks standing to challenge the constitutionality of a memo from the National Labor Relations Board former general counsel regarding employers' anti-union meetings.

  • March 25, 2025

    Insurance Mogul Seeks To Overturn $122M Contempt Order

    A convicted billionaire embroiled in lawsuits over the demise of his insurance empire wants out of a nine-figure contempt order, telling the North Carolina Court of Appeals that neither he nor his company has the ability to pay more than $122 million to purge the contempt.

  • March 25, 2025

    Calif. Justices Reject Fees For Hyundai Drivers In Settled Case

    A California couple who settled a lemon law dispute with Hyundai Motor America during trial for less than what the carmaker had previously offered cannot recover their costs from Hyundai because they did not win a judgment and are not the prevailing party, the state supreme court ruled.

  • March 25, 2025

    Mich. Legislators Tell Justices They Can Sue Over Voting Laws

    Eleven Republican Michigan lawmakers have asked the U.S. Supreme Court to find they have standing to challenge the validity of ballot initiatives that expanded early voting and voter registration in Michigan and placed redistricting in the hands of a citizen commission.

Expert Analysis

  • Series

    In The CFPB Playbook: A Sprint To The Finish Line

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    The fourth quarter of 2024 was an impressive demonstration of the Consumer Financial Protection Bureau's ability to regulate, enforce and supervise, even on borrowed time following the election results, and we should expect the current bureau to run nonstop until Jan. 20, say attorneys at Covington.

  • Mich. Ruling Offers View On 'Occurrence' Coverage Definition

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    As demonstrated by a Michigan state court in its recent decision finding per-wound insurance coverage for a school shooting, the amount of coverage available under occurrence-based policies often depends on how courts interpret "occurrence," say attorneys at Hunton.

  • Rejoinder Strategy After Allergan Double-Patenting Case

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    A closer look at last year's Allergan v. MSN case at the Federal Circuit highlights the importance of rejoinder during patent prosecution in view of the risks associated with obviousness-type double patenting based on later-filed applications in the same patent family, say attorneys at BCLP.

  • What FARA Enforcement In 2024 Reveals For The Year Ahead

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    A number of developments, from indictments to legislation, shaped the Foreign Agents Registration Act enforcement landscape last year, and following the U.S. Department of Justice's recently released long-awaited proposed amendments to the law, 2025 shows no signs of slowing down, says Tessa Capeloto at Wiley.

  • 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.

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