Appellate

  • October 18, 2024

    5th Circ. Won't Revive Immigrant Investors' RICO Suit

    The Fifth Circuit refused to revive a Racketeer Influenced and Corrupt Organizations Act lawsuit brought by foreign investors who claim they were offered fraudulent franchise opportunities in the United States as a way to obtain residency visas, finding that the plaintiffs didn't allege a cognizable enterprise.

  • October 18, 2024

    1st Circ. OKs Prosecution Of Alleged Illicit Medical Pot Grow

    The First Circuit has determined that the federal prosecution of two Mainers accused of running an unlawful marijuana cultivation operation can continue despite a federal policy that bans the U.S. Department of Justice from bringing cases against medical cannabis entities.

  • October 18, 2024

    Ohio High Court Restores Developer's FHA Penalty Suit

    The Ohio Supreme Court has revived a developer's attempt to recoup some of a Fair Housing Act penalty from franchisees who built inaccessible multifamily housing, finding Friday the lower courts jumped the gun when they found the developer's claims were preempted by the FHA.

  • October 18, 2024

    Crypto Coder Asks 2nd Circ. To Delay Expert Witness Reveal

    The founder of cryptocurrency service provider Tornado Cash urged the Second Circuit on Friday to pause a district court judge's order for him to disclose who he might call as an expert witness at an upcoming money laundering and sanctions trial.

  • October 18, 2024

    Feds Defend Bribery Charge Against NYC Mayor Adams

    Federal prosecutors pushed back Friday on New York City Mayor Eric Adams' attempt to erase a bribery charge from his indictment, arguing that while Adams claims his acts were "routine" and allowed under a recent U.S. Supreme Court precedent, a jury could still find his alleged favor trading illegal.

  • October 18, 2024

    AGs Slam 4th Circ. Bid To Restore NC Abortion Drug Limits

    In a joint amicus brief to the Fourth Circuit, a coalition of 17 states and the District of Columbia has said the abortion drug mifepristone is a part of women's reproductive healthcare, assailing the "needless" limits that states including North Carolina have sought to impose on the drug's access.

  • October 18, 2024

    High Court Bar's Future: Solicitor General Elizabeth Prelogar

    U.S. Solicitor General Elizabeth B. Prelogar is a once-in-a-generation talent who uses her seemingly endless knowledge of case facts and related law — along with her quick wit — to routinely spar with an often antithetical U.S. Supreme Court over some of the most consequential issues in a given term, experts and court watchers say.

  • October 18, 2024

    Chemical Cos. Say Firefighter Didn't Fix Standing In PFAS Suit

    3M Co. and two other chemical firms urged an Ohio federal judge to dismiss a firefighter's revised lawsuit over so-called forever chemicals, arguing that the allegations are plagued by the same shortcomings the Sixth Circuit flagged when it vacated class certification last year.

  • October 18, 2024

    Ore. Water Rights Issues Grounded In State Law, 9th Circ. Told

    The Klamath Irrigation District is asking the Ninth Circuit to certify two questions to the Oregon Supreme Court concerning the U.S. Bureau of Reclamation's authority to use and control the use of water under Oregon law.

  • October 18, 2024

    $50B Russia, Yukos Case Poses New Questions For DC Circ.

    A D.C. Circuit panel suggested during oral arguments Friday that Russia's bid to revive its sovereign immunity claim in a $50 billion arbitration enforcement case poses some new legal questions for the appeals court.

  • October 18, 2024

    Justices Told To Skip RFID Patent Row Over Standing

    A Texas company that saw its patent infringement suit revived against a tech company is asking the U.S. Supreme Court to reject its rival's petition to review that decision, saying there's "almost 100 years" of legal precedent backing its ownership of the radio frequency identification, or RFID, technology patent in the case.

  • October 18, 2024

    Travis Scott Appeal Is 'Self-Inflicted' Issue, Trial Plaintiffs Say

    Three Astroworld plaintiffs set to have their day in court next week hit back at Travis Scott's bid for settlement information, telling a Texas appeals court that the rapper's motion is a manufactured "emergency" based on "incorrect argument."

  • October 18, 2024

    Mich. Supreme Court Spurns Challenge To UMich Gun Ban

    The Michigan Supreme Court declined Friday to review the constitutionality of the University of Michigan's campus firearms ban, leaving in place a lower court's ruling that the policy does not violate the Second Amendment.

  • October 18, 2024

    Fed. Circ. Partly Restores Suit Over Utility Line Patent

    The Federal Circuit has revived part of a lawsuit that alleged Metrotech Corp. infringed a competitor's patent covering ways for finding underground utility lines, finding that a lower court needs to take another look at key patent terminology.

  • October 18, 2024

    FERC Extension For Pipeline Spur Warranted, DC Circ. Told

    The developer of a southern spur of the Mountain Valley Pipeline and two potential customers are asking the D.C. Circuit to nix conservation groups' challenge of a construction deadline extension the Federal Energy Regulatory Commission granted for the so-called Southgate project.

  • October 18, 2024

    DC Firms Look To Exit Suit Over $120M Iraq Award

    Pierson Ferdinand LLP and another boutique firm have urged the D.C. Circuit to let them withdraw as counsel for Iraq as the country looks to overturn an order allowing a construction firm permission to go after Iraqi assets to satisfy a $120 million judgment, saying the country owes some $25,000 in legal fees and has stopped responding to the firms' inquiries on the litigation.

  • October 18, 2024

    GOP Appeals Toss Of Ga.'s New Election Rules

    The Georgia and national Republican parties have moved to appeal a Fulton County judge's decision that declared as unconstitutional a slate of recent election rule changes made by the State Election Board.

  • October 18, 2024

    Narrow Ga. Ruling On Atty-Client Privilege Draws Concerns

    A recent divided Georgia Supreme Court decision found that jailhouse calls between a man convicted of assault and his then-attorney weren't off-limits to prosecutors, drawing concerns from some legal experts that the narrow reading of attorney-client privilege sets a "dangerous" precedent.

  • October 18, 2024

    NC Hospital Fights Competitor's Expansion Bid Approval

    A North Carolina hospital operator urged a state appellate court to invalidate an administrative judge's approval of a competitor's expansion bid, arguing that members of the public were wrongfully denied input.

  • October 18, 2024

    57 Scholars, Former Judges Call For High Court Term Limits

    A group of 57 constitutional scholars and retired federal and state judges wrote a letter to the leaders of Congress on Wednesday urging them to establish term limits for U.S. Supreme Court justices, proposing guardrails that they said are "urgently needed at a time of plummeting confidence" in the nation's highest court.

  • October 18, 2024

    Fla. Judge Reprimanded For Opining In DQ Approvals

    The Florida Supreme Court has reprimanded a state judge who admitted to making improper comments in orders of recusal that he granted in two separate criminal cases.

  • October 18, 2024

    Tax Court Gave Short Shrift To Land Donors, 11th Circ. Told

    The owners of a waterfront property in Georgia who protected 500 acres for conservation told the Eleventh Circuit that the U.S. Tax Court drastically undercut the value of their gift and its corresponding tax deduction by accepting flawed evidence provided by the government's sole witness.

  • October 17, 2024

    Monsanto Again Seeks Pause As Seattle PCB Trial Begins

    Monsanto is continuing its appellate bid to put off a chemical poisoning trial already underway in Washington state court as the plaintiffs told a Seattle jury on Thursday the company owes them more than $450 million, in the 10th such trial tied to an Evergreen State school.

  • October 17, 2024

    E-Cig Regs Are Congress' Job, Not FDA's, GOP Pols Tell Justices

    Republican lawmakers told the U.S. Supreme Court that Congress, not the U.S. Food and Drug Administration, should regulate flavored e-cigarettes, and that the regulator overstepped its authority by banning the sale of the vape products.

  • October 17, 2024

    Deutsche Telekom Urges DC Circ. To Keep $156M India Award

    Deutsche Telekom is urging the D.C. Circuit to affirm the enforcement of a nearly $156 million arbitral award against India over a nixed satellite leasing deal, arguing Wednesday that a lower court was correct to defer to the arbitrators when rejecting the country's sovereign immunity defense.

Expert Analysis

  • Analyzing Advance Notice Bylaws On 'Clear' Or 'Cloudy' Days

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    In Kellner v. AIM ImmunoTech, the Delaware Supreme Court recently clarified the framework for judicial review of advance notice bylaws adopted, amended or enforced on "clear" or "cloudy" days, underscoring the responsibility of boards to ensure that their scope does not overreach or prevent the possibility of a contested election, say attorneys at Venable.

  • 2nd Circ. Ruling May Limit Discovery In Int'l Arbitration

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    The Second Circuit's recent Webuild v. WSP decision, affirming a discovery order's nullification in arbitration between Webuild and the government of Panama, demonstrates courts' unwillingness to find that arbitral tribunals in investor-state cases fall within the scope of the discovery statute, say attorneys at Cleary.

  • Takeaways From High Court's Tribal Health Admin Cost Ruling

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    The U.S. Supreme Court's recent determination that the government must reimburse two Native American tribes for administrative healthcare costs will help tribes maintain equal footing with the Indian Health Service when administering programs, and continues a pattern of how the current court aligns on tribal concerns, say attorneys at Lewis Roca.

  • Justices' Intent Witness Ruling May Be Useful For Defense Bar

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    At first glance, the U.S. Supreme Court’s recent Diaz v. U.S. decision, allowing experts to testify to the mental state of criminal defendants in federal court, gives prosecutors a new tool, but creative white collar defense counsel may be able to use the same tool to their own advantage, say Jack Sharman and Rachel Bragg at Lightfoot Franklin.

  • How To Grow Marketing, Biz Dev Teams In A Tight Market

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    Faced with fierce competition and rising operating costs, firms are feeling the pressure to build a well-oiled marketing and business development team that supports strategic priorities, but they’ll need to be flexible and creative given a tight talent market, says Ben Curle at Ambition.

  • High Court's Expert Ruling May Help Health Fraud Defendants

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    The U.S. Supreme Court's decision in Diaz v. U.S. appears to give the government a powerful new tool in calling its own agents as expert witnesses, but it could also benefit defense counsel in criminal healthcare fraud and other white collar criminal cases that arise in complex legal or regulatory environments, say attorneys at Holland & Knight.

  • Patent Lessons From 5 Federal Circuit Reversals In June

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    A look at June cases where the Federal Circuit reversed or vacated decisions by the Patent Trial and Appeal Board or a federal district court highlights a potential path for branded drugmakers to sue generic-drug makers for off-label uses, potential downsides of violating a pretrial order offering testimony, and more, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Jarkesy's Impact On SEC Enforcement Will Be Modest

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    Though the U.S. Supreme Court’s recent U.S. Securities and Exchange Commission v. Jarkesy decision found that fraud defendants have a constitutional right to a jury trial, the ruling will have muted impact on the agency’s enforcement because it’s already bringing most of its cases in federal court, say Jeremiah Williams and Alyssa Fixsen at Ropes & Gray.

  • Series

    Rock Climbing Makes Me A Better Lawyer

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    Rock climbing requires problem-solving, focus, risk management and resilience, skills that are also invaluable assets in my role as a finance lawyer, says Mei Zhang at Haynes and Boone.

  • NY Ruling Offers A Foreclosure Road Map For Lenders

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    A New York appellate court recently upheld a summary judgment ruling in favor of a commercial lender's foreclosure in U.S. Bank v. 1226 Evergreen Bapaz, illustrating the proofs lenders will need to prosecute a foreclosure action, especially where the plaintiff is an assignee of the originating lender, say attorneys at Sherman Atlas.

  • What Chevron's End Means For How Congress Does Business

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    The U.S. Supreme Court’s recent Loper Bright Enterprises v. Raimondo decision, overturning the Chevron doctrine, will have a far-reaching impact across the entire public policy life cycle, beginning with how Congress writes its laws and extending through agency implantation and judicial review, say attorneys at K&L Gates.

  • Contract Disputes Recap: Preserving Payment Rights

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    Stephanie Magnell and Zachary Jacobson at Seyfarth examine three recent decisions that together illustrate the importance of keeping accurate records and adhering to contractual procedures to avoid inadvertently waiving contractual rights to cost reimbursements or nonroutine payments.

  • Think Like A Lawyer: Dance The Legal Standard Two-Step

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    From rookie brief writers to Chief Justice John Roberts, lawyers should master the legal standard two-step — framing the governing standard at the outset, and clarifying why they meet that standard — which has benefits for both the drafter and reader, says Luke Andrews at Poole Huffman.

  • Alice Step 2 Trends Show Courts' Extrinsic Evidence Reliance

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    A look at recent trends in how district courts are applying Step 2 of the Alice framework shows that courts have increasingly relied on extrinsic evidence to help determine whether a claimed invention is "well-understood, routine, and conventional," says Jonathan Tuminaro at Sterne Kessler.

  • Opinion

    OFAC Sanctions Deserve To Be Challenged Post-Chevron

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    The U.S. Supreme Court's Loper Bright decision opens the door to challenges against the Office of Foreign Assets Control's sanctions regime, the unintended consequences of which raise serious questions about the wisdom of what appears to be a scorched-earth approach, says Solomon Shinerock at Lewis Baach.

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