Appellate

  • June 20, 2025

    Liberty Mutual Off Hook For Tow Charge After Fatal Crash

    Liberty Mutual is not responsible for $118,290 a Massachusetts towing company tried to collect in storage charges for a vehicle that was evidence in a fatal car accident, the state's highest court concluded Friday.

  • June 20, 2025

    3rd Circ. Deems Immunity Defense Premature For Jailers

    The Third Circuit has ruled that a lower court properly kept Bucks County, Pennsylvania, corrections officers in a lawsuit accusing them of repeatedly pepper-spraying and restraining a mentally ill pretrial detainee, holding that more information was needed before a final determination could be made on immunity.

  • June 20, 2025

    Textron Says NC Biz Certificate Doesn't Signal Jurisdiction

    Textron Inc. has made a final plea for the North Carolina Court of Appeals to expel it from a products liability lawsuit stemming from a private plane crash, denouncing its opponent's claim that the conglomerate can be "hauled" into court in the Tar Heel State merely because it's registered to do business there.

  • June 20, 2025

    1st Circ. Blocks Swiss Arbitration Of Au Pair Wage Claims

    A Massachusetts-based au pair agency cannot enforce a Swiss arbitration requirement included in a contract that childcare workers signed with a separate European company, the First Circuit has determined.

  • June 20, 2025

    9th Circ. Allows Trump To Federalize National Guard In LA

    The Ninth Circuit ruled that President Donald Trump can federalize the California National Guard while the state's lawsuit challenging his mobilization of the troops in Los Angeles plays out, saying the president likely acted under statutory authority that Congress granted.

  • June 20, 2025

    Top Court Limits Sentencing Factors For Release Violations

    The U.S. Supreme Court on Friday limited what factors district judges may consider when sentencing defendants for violating the terms of supervised release, vacating the Sixth Circuit's findings that allowed lower courts to undertake the same analysis for revocation proceedings as primary sentencings.

  • June 20, 2025

    Justices Let E-Cig Retailers Join Challenge To FDA Prohibition

    The U.S. Supreme Court ruled Friday that e-cigarette retailers can challenge the U.S. Food and Drug Administration's denial of product marketing applications, finding manufacturers aren't the only entities that can be adversely affected by the agency's decisions.

  • June 20, 2025

    Supreme Court Affirms Anti-Terror Law

    The U.S. Supreme Court on Friday unanimously affirmed the constitutionality of a 2019 law ending a jurisdictional hurdle for lawsuits stemming from terrorist attacks in Israel and the Palestinian territories, holding that the law's personal jurisdiction provision does not violate the Fifth Amendment.

  • June 20, 2025

    High Court Says FCC Orders Not Above District Court Review

    The U.S. Supreme Court on Friday ruled that district courts should be allowed to question the slate of regulations that the Federal Communications Commission has issued under the Telephone Consumer Protection Act, further constricting the power of federal agencies to interpret laws.

  • June 20, 2025

    Justices Say ADA Doesn't Cover Retirees Who Can't Work

    The U.S. Supreme Court held on June 20 that a former firefighter with Parkinson's disease can't bring an Americans with Disabilities Act case over a rollback in her post-employment health benefits, reasoning that the law covers only those who can still fulfill their job duties.

  • June 20, 2025

    Justices Say Fuel Groups Can Fight Emissions Waiver

    The U.S. Supreme Court on Friday said that fuel industry groups can challenge the U.S. Environmental Protection Agency's Clean Air Act waiver that has allowed California to set its own greenhouse gas emissions standards for vehicles.

  • June 20, 2025

    4 ERISA Cases To Watch In The 2nd Half Of 2025

    The U.S. Department of Labor's challenge to a pair of injunctions blocking Biden-era regulations that broaden who qualifies as an investment advice fiduciary under federal benefits law tops the list of cases benefits attorneys will be watching in the latter half of the year.

  • June 18, 2025

    6th Circ. Vacates Removal, Judge Slams High Court's Ruling

    The Sixth Circuit ruled Wednesday that U.S. Supreme Court precedent required it to vacate a Mexican native's removal order after his U.S. citizenship was revoked for not disclosing a criminal charge, although one circuit judge said it was time justices reconsidered the precedent.

  • June 18, 2025

    Tesla Says Justices Shouldn't Wait On La. Auto Sales Law

    Tesla is asking the U.S. Supreme Court not to push off considering Louisiana regulators' petition seeking to appeal the revival of a lawsuit brought by the electric-car maker targeting the state's ban on direct sales by automakers, even though the state has asked the justices to wait.

  • June 18, 2025

    ACLU Asks 5th Circ. To Note Report Disputing Gang Invasion

    The American Civil Liberties Union advised the Fifth Circuit to consider a National Intelligence Council assessment that the Maduro regime likely does not cooperate with the Tren de Aragua gang in its bid to halt removals under the Alien Enemies Act in the Northern District of Texas.

  • June 18, 2025

    Feds Want Nuke Trust Earnings To Offset DOE Breach Awards

    The U.S. government asked the Federal Circuit to toss a ruling holding that trust fund earnings that reimbursed closed nuclear plant owners' spent fuel storage costs should not offset the damages awarded for the Energy Department's ongoing failure to accept fuels for disposal.

  • June 18, 2025

    Mississippi Social Media Law Blocked Again By Federal Judge

    A Mississippi federal judge reinstated a preliminary injunction Wednesday that blocks a state law requiring digital service providers to verify users' ages and social media platforms to acquire parental consent for a minor's account, preventing it from taking effect after the Fifth Circuit lifted the court's previous injunction.

  • June 18, 2025

    Caterpillar Must Face Jury Over Ex-Worker's Age Bias Claim

    The Seventh Circuit reversed Caterpillar's summary judgment win over a former employee's age discrimination claim on Wednesday, saying a jury should decide whether the company reasonably placed the worker on a performance action plan that included a deadline that had already passed.

  • June 18, 2025

    Ga. Panel Affirms Emory's Early Win In Neonatal Care Suit

    The Georgia Court of Appeals said a trial court rightly freed Emory Healthcare from a suit alleging that a nurse in the neonatal intensive care unit failed to spot an intravenous line infiltration that left a newborn with skin and tissue deformities.

  • June 18, 2025

    India Says Justices' Ruling Doesn't Change Its $156M Appeal

    India has told the D.C. Circuit that a recent U.S. Supreme Court decision involving personal jurisdiction under the Foreign Sovereign Immunities Act does not address whether it is entitled to constitutional due process protections as it fights a nearly $156 million judgment against it.

  • June 18, 2025

    Sotera Investors Urge 6th Circ. To Reopen Toxic Gas Suit

    Sotera Health investors are seeking to revive a lawsuit accusing the company of concealing the carcinogenic nature of a gas used at its sterilization plants, telling the Sixth Circuit that the company knew that its "outrageous and cynical" behavior would cost it hundreds of millions of dollars.

  • June 18, 2025

    4th Circ. Backs Ban On Handgun Sales To Young Adults

    A Fourth Circuit panel upheld a set of federal laws barring licensed firearm dealers from selling handguns to 18- to 20-year-olds Wednesday, reversing lower court decisions in Virginia and West Virginia in a split decision.

  • June 18, 2025

    NC Panel Rejects HCA Unit's Appeal Over Rival Project Award

    A North Carolina appeals court on Wednesday rejected an HCA Healthcare subsidiary's challenge to an award of a certificate of need allowing a rival to build a new acute care facility, backing a decision in favor of the state health department behind the award.

  • June 18, 2025

    High Court Concurrences Signal Hard Battle For Trans Rights

    U.S. Supreme Court Justice Amy Coney Barrett joined the court's two most conservative members Wednesday to suggest laws that differentiate based on transgender status should be subject to the lowest level of judicial review, providing guidance to lower courts that will likely make it harder for litigants to vindicate trans rights.

  • June 18, 2025

    11th Circ. Gives Longshoreman Another Shot At Crash Suit

    The Eleventh Circuit on Wednesday revived a Georgia longshoreman's suit over his being hit by another worker's truck at the Port of Savannah, ruling that contrary to a district court's finding, it was "anything but" certain that the driver hadn't been on the clock at the time of the crash.

Expert Analysis

  • Justices' Certiorari Denial Leaves Interstate Tax Questions

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    Since the U.S. Supreme Court recently declined to review a Philadelphia resident’s claim that her Delaware state income taxes should be credited against her city wage tax liabilities, constitutional questions about state and local tax distinctions linger, and some states may continue to apply Supreme Court precedent differently, say attorneys at Dentons.

  • Trending At The PTAB: Insights From 2024 Fed. Circ. Statistics

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    Looking at stats from the Federal Circuit's decisions in 219 Patent Trial and Appeal Board appeals last year sheds light on potential trends and strategy considerations that could improve appeals' chances of success, say attorneys at Finnegan.

  • Will Independent Federal Agencies Remain Independent?

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    For 90 years, members of multimember independent federal agencies have relied on the U.S. Supreme Court's 1935 ruling in Humphrey's Executor v. U.S. establishing the security of their positions — but as the Trump administration attempts to overturn this understanding, it is unclear how the high court will respond, says Harvey Reiter at Stinson.

  • High Court Sentencing Case Presents Legal Fork In The Road

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    On Feb. 25, the U.S. Supreme Court will hear arguments in Esteras v. U.S. about the factors trial courts may consider when imposing a sentence of imprisonment after revoking supervised release, and the justices’ eventual decision may prioritize either discretion or originalism, says Michael Freedman at The Freedman Firm.

  • Del. Justices' D&O Ruling Clarifies 'Related' Claim Analysis

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    In its recent decision in the Alexion Pharmaceuticals coverage case, the Delaware Supreme Court adopted a "meaningful linkage" standard for relatedness analysis, providing further guidance to Delaware policyholders on how to navigate those directors and officers insurance disputes, say attorneys at Hunton.

  • 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.

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