Appellate

  • March 11, 2025

    6th Circ. Ends Group's Challenge To Great Lakes Fishing Pact

    The Sixth Circuit on Tuesday rejected a nonprofit's challenge to a pact between Native American tribes and the state of Michigan for allegedly lacking guardrails to prevent overfishing in the Great Lakes, finding it lacked jurisdiction since the nonprofit never intervened in the case and only filed amicus curiae briefs.

  • March 11, 2025

    Medical Device Co. Seeks Fed. Circ. Redo Over Patent Trial

    A medical device manufacturer is asking the full Federal Circuit to reconsider a panel decision reviving a patent infringement case against it, arguing a lower court judge was fine to allow tardy testimony from a witness who took its side.

  • March 11, 2025

    Musk Opens Del. Appeal To Recover $56B In Tesla Pay

    Elon Musk on Tuesday launched his Delaware Supreme Court appeal aimed at a Court of Chancery decision that had short-circuited the electric car company's 10-year, $55.6 billion compensation plan for the celebrity CEO.

  • March 11, 2025

    Ga. Appeals Court Backs Stroke Patient's $75M Med Mal Win

    A Georgia appellate panel has affirmed a $75 million verdict won by a stroke patient who alleged that his doctors at an Atlanta-area emergency room failed to diagnose his condition in time to save him from developing complete bodily paralysis.

  • March 11, 2025

    NJ Justices Say NY Doc Can't Be On Med Mal Verdict Form

    The New Jersey Supreme Court ruled Tuesday that an anesthesiologist accused of causing a patient's death during surgery can't have the verdict sheet at the upcoming trial apportion blame to a New York doctor who was never named as a party in the suit.

  • March 11, 2025

    Conn. Judge Puzzled By Agency's 'Flip-Flop' On Rehab Permit

    A Connecticut appellate judge said Tuesday that a state agency's recommendation to reject a residential substance use treatment facility in the town of Kent, followed by its "flip-flop" to approve the plan without any changes to the underlying facts, "truly puzzles me."

  • March 11, 2025

    More ITC Patent Cases Expected After Fed. Circ. 'Sea Change'

    A recent Federal Circuit decision discarding the U.S. International Trade Commission's limits on what types of domestic expenses qualify a company to bring a patent suit at the agency marks a pronounced shift that will likely spur considerably more ITC cases, attorneys say.

  • March 11, 2025

    5th Circ. Hopes For 'Sanity' In Backing Legal Malpractice Arb.

    Untangling a "ridiculous" arbitration proceeding that produced four contradictory awards in a legal malpractice dispute, the Fifth Circuit on Tuesday affirmed three awards and most of another, adding that the parties are "free to arbitrate another day" in the hope that their disagreements will be resolved "for the sake of sanity."

  • March 11, 2025

    J&J Tells 3rd Circ. No Price Impact In Talc Concealment Suit

    Johnson & Johnson urged the Third Circuit on Tuesday to undo class certification of investor claims that the company inflated its stock price by failing to disclose cancer risks associated with its talcum powder products, arguing that the investors could not have relied upon its alleged misrepresentations because there was no impact on the stock market's price.

  • March 11, 2025

    NJ Residents Push To Repackage Contaminated Water Claims

    Residents of National Park, New Jersey, asked a state appellate court panel for permission to revive and amend their proposed class claims over contaminated water, arguing Tuesday that the allegations are a matter for tort law, not contract law.

  • March 11, 2025

    9th Circ. Panel Won't Renew Wash. Nurse's Employment Suit

    A Ninth Circuit Panel has declined to revive a nurse's employment suit against the University of Washington Medical Center, finding a poor performance review wasn't enough to form the basis of a discrimination claim against the Seattle hospital.

  • March 11, 2025

    6th Circ. Won't Revisit FCC's Tanked Net Neutrality Rules

    The Sixth Circuit on Tuesday turned down a bid by public interest groups for a full-court rehearing of January's decision to overturn the Federal Communications Commission's net neutrality rules.

  • March 11, 2025

    6th Circ. Asks If It Should Duck Enbridge Pipeline Fight

    A Sixth Circuit panel has asked if it should pause or reject altogether Enbridge Energy LP's lawsuit challenging Michigan's efforts to shutter a pipeline because of a pending state court case, requesting briefs ahead of oral arguments next week.

  • March 11, 2025

    Logistics Co. Tells Texas Justices Attys Undercut Rail Deal

    An energy logistics company has told the Texas Supreme Court that lawyers who allegedly helped undermine a business deal shouldn't get to skate out of a legal malpractice lawsuit, arguing in a Monday petition the case belongs before a jury.

  • March 11, 2025

    Vape Cos. Say Ky. Regulator Didn't Defend E-Cig Law

    Vaping interests urging the Sixth Circuit to block the enforcement of a new Kentucky law regulating e-cigarettes have told the appellate court that the state's tobacco regulator tasked with enforcing the policy didn't even defend the law in recent court pleadings.

  • March 11, 2025

    Software Co. Tells Fed. Circ. It's Owed Over $12.7M In IP Dispute

    A software developer pushed back at the federal government's defense of a $12.7 million copyright infringement award on Monday, telling the Federal Circuit that the judgment should be based on the company's actual negotiations with the Defense Health Agency.

  • March 11, 2025

    ISP Asks Justices To Reverse Liability In Piracy Suit

    It's time for the U.S. Supreme Court to step in and decide whether internet service providers can be liable for copyright infringement if they haven't done enough to stop their customers from pirating music, says an ISP that has been locked in one such legal battle for the better part of a decade.

  • March 11, 2025

    Zillow Investors Urge 9th Circ. To Uphold Class Certification

    A class of Zillow Group Inc. investors told the Ninth Circuit to reject the property listing company's bid to overturn the class certification of their suit accusing the company of making misleading statements about its home-flipping program and causing stock prices to drop.

  • March 11, 2025

    Groups Say EPA Must Regulate Phosphate Mining Waste

    The Center for Biological Diversity, Sierra Club and others have called on the D.C. Circuit to order the U.S. Environmental Protection Agency to regulate radioactive waste from phosphate mining and fertilizer production, which are currently excluded from federal regulation.

  • March 11, 2025

    12 Govs. Assert States' Sovereignty Against CTA In 5th Circ.

    A dozen Republican governors, led by Georgia Gov. Brian Kemp, urged the Fifth Circuit to maintain a nationwide block of enforcement of the Corporate Transparency Act, arguing the law undermines the traditional authority states have to regulate businesses.

  • March 11, 2025

    Lego Competitor Asks 2nd Circ. To Allow Figurine Sales

    A Lego competitor on Tuesday urged a Second Circuit panel to reverse a Connecticut district judge's order blocking the sale of figurines designed to fit into the toy company's signature interlocking play system, arguing the threadbare directive improperly modified a prior injunction.

  • March 11, 2025

    Ex-Marvel Exec Asks Fla. Court To Revive Punitives Claim

    Former Marvel Entertainment Chair Ike Perlmutter has asked the Florida Supreme Court to revive his punitive damages claim against his neighbor in a dispute over a hate mail campaign, arguing that the appellate decision blocking his claim breaks from decades of jurisprudence on punitive damages in Florida.

  • March 11, 2025

    2nd Circ. Affirms Union Fund's Win In COVID-19 Test Fight

    The Second Circuit upheld a win for a union benefit fund Tuesday in a medical practice's suit alleging it was owed reimbursements for COVID-19 testing from a union employee health benefit plan, finding a lower court properly tossed the complaint for failure to exhaust administrative remedies.

  • March 11, 2025

    Appeals Court Nixes Ex-UCLA Worker's Promotion Bias Suit

    A Persian worker who served as interim director of UCLA's continuing education center's marketing department failed to show the school violated the law when it hired someone else as the department's permanent leader, a California appeals court held.

  • March 11, 2025

    A Brief Look At Delaware's Divisive Corporate Law Bill

    Delaware state Senate Bill 21, up for a Judiciary Committee vote on Wednesday, overturns some provisions of landmark state Supreme Court rulings, from Kahn v. M&F Worldwide Corp. in 2014 to In re Match Group a decade later, which call for plaintiff-friendly entire fairness review for controller transactions.

Expert Analysis

  • Class Actions At The Circuit Courts: February Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal appellate court class certification decisions and identifies practice tips from cases involving breach of life insurance contracts, constitutional violations of inmates and more.

  • Defense Strategies For Politically Charged Prosecutions

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    Politically charged prosecutions have captured the headlines in recent years, providing lessons for defense counsel on how to navigate the distinct challenges, and seize the unique opportunities, such cases present, says Kenneth Notter at MoloLamken.

  • Series

    Competitive Weightlifting Makes Me A Better Lawyer

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    The parallels between the core principles required for competitive weightlifting and practicing law have helped me to excel in both endeavors, with each holding important lessons about discipline, dedication, drive and failure, says Damien Bielli at VF Law.

  • Axed ALJ Removal Protections Mark Big Shift For NLRB

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    A D.C. federal court's recent decision in VHS Acquisition Subsidiary No. 7 v. National Labor Relations Board removed long-standing tenure protections for administrative law judges by finding they must be removable at will by the NLRB, marking a significant shift in the agency's ability to prosecute and adjudicate cases, say attorneys at Proskauer.

  • NC COVID Ruling May Have Greater Coverage Implications

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    While the North Carolina Supreme Court's recent finding in favor of policyholders in a suit for business interruption coverage due to COVID-19 comes too late for most insureds to benefit, it should nonetheless have coverage implications far beyond COVID-19 claims, say attorneys at Robinson Bradshaw.

  • 3 Potential Developments That May Alter US Patent Rights

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    The Federal Circuit's upcoming decision in EcoFactor v. Google, pending legislation before Congress and the appointment of a new U.S Patent and Trademark Office director all have significant potential to strengthen or weaken patent rights, say attorneys at McKool Smith.

  • 11th Circ. TCPA Ruling Signals Erosion Of Judicial Deference

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    The U.S. Court of Appeals for the Eleventh Circuit recently came to the rescue of the lead generation industry, striking down new regulations that were set to go into effect on Jan. 27, a decision consistent with federal courts' recent willingness to review administrative decisions, say attorneys at Troutman.

  • How Ill. Ruling Could Influence Future Data Breach Cases

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    The Illinois Supreme Court's recent decision in Petta v. Christie Business Holding, which was based solely on standing, establishes an important benchmark for the viability of Illinois-based lawsuits arising out of data security incidents that defendants can cite in future cases, say attorneys at Wilson Elser.

  • The Rising Need For The Selective Prosecution Defense

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    In a political climate where criminal and civil prosecution on the basis of political affiliation, constitutionally protected speech or other arbitrary classification is increasingly likely, existing precedent shows why judges should be more open to allowing a selective prosecution defense, say attorneys at Sidley.

  • Corp. Transparency Act's Future Under Treasury's Bessent

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    The Corporate Transparency Act’s ultimate fate faced uncertain terms at the end of 2024, but new U.S. Department of the Treasury Secretary Scott Bessent's statements and actions so far demonstrate that he does not intend to ignore the law, though he may attempt to make modifications, say attorneys at Taylor English.

  • Serta Ruling Further Narrows Equitable Mootness In 5th Circ.

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    The Fifth's Circuit recent Serta bankruptcy decision represents a further hardening of its view of the equitable mootness doctrine, and may set up a U.S. Supreme Court review of the doctrine in the near future, say attorneys at Cleary.

  • Opinion

    Inconsistent Injury-In-Fact Rules Hinder Federal Practice

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    A recent Third Circuit decision, contradicting a previous ruling about whether consumers of contaminated products have suffered an injury in fact, illustrates the deep confusion this U.S. Supreme Court standard creates among federal judges and practitioners, who deserve a simpler method of determining which cases have federal standing, says Eric Dwoskin at Dwoskin Wasdin.

  • Takeaways From Oral Argument In High Court Trademark Case

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    Unpacking oral arguments from Dewberry Group v. Dewberry Engineers, which the U.S. Supreme Court is expected to rule on this year, sheds light on the ways in which the decision could significantly affect trademark infringement plaintiffs' ability to receive monetary damages, say attorneys at Buchanan Ingersoll.

  • In-House Counsel Pointers For Preserving Atty-Client Privilege

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    Several recent rulings illustrate the challenges in-house counsel can face when attempting to preserve attorney-client privilege, but a few best practices can help safeguard communications and effectively assert the privilege in an increasingly scrutinized corporate environment, says Daniel Garrie at Law & Forensics.

  • 4 Potential Effects Of 3rd Circ.'s Coinbase Ruling

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    The Third Circuit's recent landmark decision in Coinbase v. U.S. Securities and Exchange Commission that the SEC's refusal to engage in rulemaking to clarify its stance on crypto enforcement was "insufficiently reasoned" could have wide-ranging impacts, including on other cases, legislation and even the SEC's reputation itself, says Daniel Payne at Cole-Frieman.

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