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Appellate
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June 25, 2025
4th Circ. Won't Revive Honduran's Bid To Cancel Removal
The Fourth Circuit rejected a Honduran national's claim that the Executive Office of Immigration Review's unlawfully delayed granting his application for cancellation of removal, saying no binding policy requires the agency to act within a certain time frame.
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June 25, 2025
Full Fed. Circ. Won't Review ITC Marketing Decision
The full Federal Circuit on Wednesday rejected the U.S. International Trade Commission's call to reconsider a panel's holding that sales, marketing and similar expenditures can satisfy domestic industry requirements.
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June 25, 2025
11th Circ. Backs Conviction In Bank Reporting Evasion Case
The Eleventh Circuit on Wednesday upheld the conviction of a man accused of trying to prevent regulators from learning about his large withdrawals from Wells Fargo accounts, rejecting his claims that prosecutors charged him with one offense but tried him for another.
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June 25, 2025
Ga. High Court Allows Reviews Of Non-Capital Murder Cases
The Georgia Supreme Court has ruled that it will retain the authority to exclusively hear appeals of non-death penalty murder cases, bypassing a need for the lower Georgia State Court of Appeals to weigh in.
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June 25, 2025
Fed. Circ. Affirms Dismissal Of Navy Lab Contract Claims
A company tapped to build a Naval Surface Warfare Center lab in Maryland failed to show that a contract appeals board erred when it dismissed two of the company's claims stemming from the $11 million project, a Federal Circuit panel ruled Wednesday.
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June 25, 2025
2nd Circ. Blocks Reed Smith Doc Turnover Order In Eletson Row
The Second Circuit on Wednesday granted Reed Smith LLP's emergency motion to stay a Manhattan federal judge's order to turn over client files amid a conflict over the legitimate ownership of international shipping company Eletson, which is in a dispute with competitor Levona.
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June 25, 2025
10th Circ. Urged To Revive Post-Jarkesy FDIC Challenge
A Kansas bank has urged the Tenth Circuit to revive its suit claiming the Federal Deposit Insurance Corp. violated the bank's right to a jury trial through an enforcement proceeding before an agency-appointed judge, arguing federal courts must be able to hear such constitutional claims.
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June 25, 2025
State Gets Second Chance Despite Delays, Pa. Court Rules
A trial court erred in dismissing a criminal case against a man who was accused of illegally possessing firearms due to excessive delays, the Pennsylvania Superior Court said, finding that lapsed time was not entirely attributable to the commonwealth and should therefore not prevent prosecution.
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June 25, 2025
Fed. Circ. Backs HP Unit's Alice Win In California
The Federal Circuit refused to revive a lawsuit accusing HP unit Polycom of infringing a multimedia communication patent, backing a California federal judge's finding that the patent wasn't valid to begin with.
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June 25, 2025
Fed. Circ. Won't Revive Inventor's Patent Suit Against Google
The Federal Circuit on Wednesday denied a bid to revive a patent infringement case from a man who says Google's products use aspects of his threat-detection technology.
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June 25, 2025
Company Can Be Sued For Drunk Worker's Crash, Panel Says
A Florida appeals court on Wednesday revived a suit accusing a construction company's employee of negligently causing an auto collision while drunk, saying it can be held liable despite the worker's contractual obligation not to drink and drive in the company car.
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June 25, 2025
CVS Fights Ruling In Del. Rejecting Coverage For Opioid Suits
An attorney for CVS Health Corp. told Delaware's Supreme Court on Wednesday that a lower court cited inapplicable precedent to dismiss the pharmacy chain's suit seeking coverage for medical provider claims against it arising from the opioid epidemic.
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June 25, 2025
Fed. Circ. Backs EPA's Firing Of 'Disruptive' Whistleblower
The Federal Circuit upheld a decision finding the U.S. Environmental Protection Agency would've fired a federal employee even if she wasn't whistleblowing on its failure to submit affirmative employment plans, ruling Wednesday that while there was significant motive to retaliate, there's also evidence the employee was "disrespectful, disruptive and discourteous" toward colleagues.
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June 25, 2025
Trade Court Cannot Stop Trump's Tariffs, Gov't Tells Fed. Circ.
The U.S. Court of International Trade hamstrung President Donald Trump in ongoing global trade negotiations when it blocked emergency tariffs he had imposed and deemed them unlawful, the government told the Federal Circuit on Tuesday, urging it to reverse the lower court's ruling.
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June 25, 2025
3rd Circ. Upholds $3.2M Atty Fee In Wawa Breach Suit
The Third Circuit on Wednesday upheld a $3.2 million fee award for Berger Montague and Fine Kaplan & Black in the settlement for consumers affected by a 2019 Wawa data breach, ruling Wednesday that the district court judge correctly found no improper "side deals" or collusion at class members' expense.
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June 25, 2025
3rd Circ. Pick Emil Bove Says He's 'Not Anybody's Henchman'
Emil Bove, nominee for the Third Circuit, who previously served as President Donald Trump's criminal attorney and was a top acting official at the U.S. Department of Justice earlier this year, where he took various controversial actions, made his case on Wednesday for judicial confirmation.
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June 25, 2025
Atty's Ex-Wife Tells NC Justices She's Owed Half Firm's Worth
The ex-wife of an intellectual property lawyer in North Carolina has asked the state's highest court to affirm an order awarding her half the value of his law firm in their divorce, arguing the practice's goodwill is marital property subject to equal distribution.
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June 25, 2025
4th Circ. Nixes $1M Award In Underinsured Motorist Dispute
A man injured in a car crash cannot recover underinsured motorist, or UIM, coverage under his employer's commercial auto policy, the Fourth Circuit ruled, vacating his $1 million award based on guidance from West Virginia's top court that insurers aren't required to offer such coverage for all vehicles they insure.
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June 25, 2025
9th Circ. Says Mexican Man Can't Vacate Firearm Conviction
A split Ninth Circuit panel has refused to vacate a Mexican national's conviction for possession of a firearm while present in the U.S. without authorization, saying there's no reasonable likelihood that the jury would have reached a different conclusion with different instructions.
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June 25, 2025
Einhorn Barbarito Names New Co-Managing Partner
A co-lead of the appellate and family/matrimonial practices at Einhorn Barbarito Frost Botwinick Nunn & Musmanno PC is now co-managing partner, the New Jersey-based firm announced Tuesday.
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June 24, 2025
Colo. Justices Order Fraud Retrial Over Legal Advice Hearsay
Colorado's highest court granted a new securities fraud trial Monday to a man whose testimony in his own defense about advice of counsel was curtailed by a judge, saying legal advice is unquestionably relevant in mounting a defense around "willfulness."
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June 24, 2025
Pa. Court Rules Philly Open-Carry Restriction Unconstitutional
The Pennsylvania Superior Court struck down Philadelphia's restrictions on the open carry of firearms as unconstitutional, finding citizens in the state's largest city should not be subject to more stringent gun laws than those in other parts of the state.
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June 24, 2025
2nd Circ. Tells Feds To 'Facilitate' Another Deportee's Return
The Trump administration must "facilitate the return" to the U.S. of a man deported to El Salvador in violation of an order blocking his removal, the Second Circuit ruled Tuesday, citing a U.S. Supreme Court decision backing the return of a Maryland man improperly deported to a Salvadoran prison.
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June 24, 2025
9th Circ. Urged To Revive Players' NHL, CHL Antitrust Suit
Hockey players' unions and individual players have appealed to the Ninth Circuit after a Washington federal judge dismissed their antitrust lawsuit accusing the National Hockey League and the Canadian Hockey League of conspiring to suppress wages for junior league players.
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June 24, 2025
Swiss Shipping Co. Can't Dodge Default In Cargo Dispute
A D.C. Circuit panel on Tuesday upheld the Federal Maritime Commission's default judgment against MSC Mediterranean Shipping Co. SA stemming from a pandemic-era cargo space dispute with a Pennsylvania-based shipper.
Expert Analysis
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How Del. Supreme Court, Legislature Have Clarified 'Control'
The Delaware Supreme Court's January decision in In re: Oracle and the General Assembly's passage of amendments to the Delaware General Corporation Law this week, when taken together, help make the controlling-stockholder analysis clearer and more predictable for companies with large stockholders, say attorneys at Baker Botts.
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Service By Token Is Transforming Crypto Litigation Landscape
As the Trump administration advocates a new course of cryptocurrency regulation, courts in the U.S. and abroad are authorizing innovative methods of process service, including via nonfungible tokens and blockchain messaging, offering practical solutions for litigators grappling with the anonymity of cyber defendants, says Jose Ceide at Salazar Law.
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Fed. Circ. In Feb.: Lessons On Cases With Many Patent Claims
The Federal Circuit's decision in Kroy IP v. Groupon last month establishes that inter partes review petitioners cannot rely on collateral estoppel to invalidate patent claims after challenging a smaller subset, highlighting the benefit that patent owners may gain from seeking patents with many claims, say attorneys at Knobbe Martens.
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PG&E Win Boosts Employers' Defamation Defense
A California appeals court's recent Hearn v. PG&E ruling, reversing a $2 million verdict against PG&E related to an ex-employee’s retaliation claims, provides employers with a stronger defense against defamation claims tied to termination, but also highlights the need for fairness and diligence in internal investigations and communications, say attorneys at Kaufman Dolowich.
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Justices' False Statement Ruling Curbs Half-Truth Liability
The U.S. Supreme Court’s recent Thompson v. U.S. decision clarified that a federal statute used to prosecute false statements made to bank regulators only criminalizes outright falsehoods, narrowing prosecutors’ reach and providing defense counsel a stronger basis to challenge indictments of merely misleading statements, says Tamara de Silva at De Silva Law Offices.
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Jurisdiction Argument In USAID Dissent Is Up For Debate
A dissent refuting the U.S. Supreme Court’s recent order directing the U.S. Agency for International Development to pay $2 billion in frozen foreign aid argued that claims relating to already-completed government contract work belong in the U.S. Court of Federal Claims – answering an important question, but with a debatable conclusion, says Steven Gordon at Holland & Knight.
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Firms Still Have Lateral Market Advantage, But Risks Persist
Partner and associate mobility data from the fourth quarter of 2024 shows that we’re in a new, stable era of lateral hiring where firms have the edge, but leaders should proceed cautiously, looking beyond expected revenue and compensation analyses for potential risks, say Julie Henson and Greg Hamman at Decipher Investigative Intelligence.
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Opinion
We Must Allow Judges To Use Their Independent Judgment
As two recent cases show, the ability of judges to access their independent judgment crucially enables courts to exercise the discretion needed to reach the right outcome based on the unique facts within the law, says John Siffert at Lankler Siffert & Wohl.
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Class Actions At The Circuit Courts: March Lessons
In this month's review of class actions appeals, Mitchell Engel at Shook Hardy discusses three federal appellate court decisions and identifies practice tips from cases involving antitrust allegations against coupon processing services, consumer fraud and class action settlements.
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High Court Water Permit Ruling Lacks Specificity
The enforcement impact of the U.S. Supreme Court’s recent decision in San Francisco v. U.S. Environmental Protection Agency may not be significant, because while the ruling makes clear that certain water permit provisions must instruct permittees on how to achieve stated goals, it doesn’t clarify the level of necessary instruction, says Daniel Deeb at ArentFox Schiff.
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The Central Issues Facing Fed. Circ. In Patent Damages Case
The en banc Federal Circuit's pending review of EcoFactor v. Google could reshape how expert damages opinions are argued, and could have ripple effects that limit jury awards, say attorneys at McAndrews Held.
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Series
Performing Stand-Up Comedy Makes Me A Better Lawyer
Whether I’m delivering a punchline on stage or a closing argument in court, balancing stand-up comedy performances and my legal career has demonstrated that the keys to success in both endeavors include reading the room, landing the right timing and making an impact, says attorney Rebecca Palmer.
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Series
Adapting To Private Practice: From SEC To BigLaw
As I adjusted to the multifaceted workflow of a BigLaw firm after leaving the U.S. Securities and Exchange Commission, working side by side with new colleagues on complex matters proved the fastest way to build a deep rapport and demonstrate my value, says Jennifer Lee at Jenner & Block.
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How Fed. Circ. Ruling Complicates Patent Infringement Cases
The Federal Circuit's decision last month in Kroy IP Holdings v. Groupon may make defending patent infringement claims more challenging, time-consuming and expensive — but it has also complicated similar patent infringement proceedings involving the same patents and their appeals, say attorneys at Norton Rose.
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The Revival Of Badie Arbitration Suits In Consumer Finance
Plaintiffs have recently revived a California appellate court's almost 30-year-old decision in Badie v. Bank of America to challenge arbitration requirements under the Federal Arbitration Act, raising issues banks and credit unions in particular should address when amending arbitration provisions, say attorneys at Orrick.