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Appellate
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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."
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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.
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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.
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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.
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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.
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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.
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March 10, 2025
Justices Reject Red-State Bid To End State Climate Torts
The U.S. Supreme Court on Monday refused to consider a request from red states to stop climate change torts against fossil fuel companies brought by blue-state governments.
Expert Analysis
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The Implications Of E-Cigarette Cos. Taking Suits To 5th Circ.
The U.S. Supreme Court recently heard oral arguments in U.S. Food and Drug Administration v. R.J. Reynolds over the definition of an "adversely affected" person under the Tobacco Control Act, and the justices' ruling will have important and potentially wide-ranging implications for forum shopping claims, says Trillium Chang at Zuckerman Spaeder.
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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Fed. Circ. Inherency Ruling Refines Obviousness Framework
The Federal Circuit's December decision in Cytiva v. JSR has definitively eliminated the requirement of "reasonable expectation of success" analysis for inherent properties in obviousness determinations, while providing some key clarifications for patent practitioners, says Lawrence Kass at Steptoe.
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Opinion
Commercial Tree Thinning Should Be Part of Wildfire Control
The devastating wildfires currently afflicting California make it clear that the U.S. Forest Service should step up its use of methods including commercial tree removal to lower fire risk — but litigation that drags on for years stymies many of these efforts and endangers the public, says Jeffrey Beelaert at Givens Pursley.
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The 5 Most Important Bid Protest Decisions Of 2024
The U.S. Court of Appeals for the Federal Circuit, the Court of Federal Claims and the Government Accountability Office issued five noteworthy bid protest decisions in 2024 that will likely have a continuing impact on questions concerning standing, timeliness, corporate transactions and more, say attorneys at Bradley Arant.
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High Court Could Further Limit Deference With TCPA Fax Case
The Supreme Court's decision to hear McLaughlin Chiropractic Associates v. McKesson, a case involving alleged junk faxes that centers whether district courts are bound by Federal Communications Commission rules, offers the court a chance to possibly further limit the judicial deference afforded to federal agency interpretations of statutes, says Samantha Duke at Rumberger Kirk.
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Future Of Crypto-Asset Classification Is In 2nd Circ.'s Hands
A definitive ruling from the Second Circuit in a rare interlocutory appeal in the U.S. Securities and Exchange Commission's ongoing court battle with Coinbase could finally establish clear guidelines on the classification of digital assets, influencing how they are regulated and traded in the U.S., say attorneys at Manatt.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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More Environmental Claims, More Greenwashing Challenges
As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.
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Calif. Cannabis Decision Deepens Commerce Clause Divide
In Peridot Tree v. Sacramento, the Eastern District of California joined a growing minority of courts that have found the dormant commerce clause inapplicable to state-regulated marijuana, and the Ninth Circuit will soon provide important guidance on this issue, say attorneys at Perkins Coie.
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4 Employment Law Areas Set To Change Under Trump
President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.
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A Defendant's Guide To 4 Common CFPB Discovery Tactics
With the Consumer Financial Protection Bureau's recent flurry of new lawsuits showing no signs of stopping, defendants should know the bureau's most relied-upon discovery strategies — and be prepared to resist them, say attorneys at Goodwin.
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What Employment Bias Litigation Looks Like After Muldrow
Nine months after the U.S. Supreme Court created an undemanding standard for discrimination claims in Muldrow v. St. Louis, Eric Schnapper at the University of Washington discusses how the Title VII litigation landscape has changed and what to expect moving forward.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Royal Canin Ruling Won't Transform Removal Jurisdiction
The U.S. Supreme Court's ruling in Royal Canin USA v. Wullschleger means that federal district courts must now remand whenever an amended complaint excises grounds for federal jurisdiction — but given existing litigation strategy and case law trends, this may ultimately preserve, rather than alter, the status quo, say attorneys at Norton Rose.