Appellate

  • July 10, 2025

    Fed. Circ. Judges Get Tough With Phillips 66 In Retrial Spat

    The Federal Circuit tangled with Phillips 66 on Wednesday over the "talismanic significance" of a lower court judge declaring the oil and gas giant had made prejudicial arguments in an infringement case over oil refinery patents.

  • July 10, 2025

    Feds Want Cheesesteak Shop Owner's Tax Sentence Restored

    Prosecutors urged a Pennsylvania federal judge to reimpose a nearly two-year sentence on a Philadelphia cheesesteak shop owner who was convicted of paying employees off the books, a request that comes two months after the Third Circuit vacated his prison term.

  • July 10, 2025

    Fla. High Court Revives Ex-Steak 'N Shake Worker's Bias Suit

    The Florida Supreme Court backed the reinstatement Thursday of an ex-Steak 'n Shake worker's disability bias suit claiming he was fired after suffering a back injury, ruling he didn't need to invoke the state's civil rights law in his presuit bias charge to pursue his claims in court.

  • July 10, 2025

    4th Circ. Pauses Air Quality Suit As EPA Rethinks W.Va. Plan

    The Fourth Circuit on Thursday granted a request to pause West Virginia's ozone regulation lawsuit so the U.S. Environmental Protection Agency can reconsider the state's air quality compliance plan.

  • July 10, 2025

    9th Circ. Backs Geico Win In COVID Auto Rebate Class Action

    The Ninth Circuit affirmed Geico's victory in a certified class action alleging it owed additional refunds to drivers who overpaid their auto insurance premiums during COVID-19 stay-home orders, ruling on Wednesday that Geico charged rates that were previously approved by California's insurance commissioner, which bars the plaintiff's state Unfair Competition Law claim.

  • July 10, 2025

    Okla. Gov.'s Brother Seeks High Court Review Of Tribal Ticket

    Keith Stitt, brother of Oklahoma Gov. Kevin Stitt, has asked the U.S. Supreme Court to overturn a decision that denied his appeal of a speeding ticket issued on tribal lands, arguing that the state never intended to accept a landmark ruling on the restoration of proper criminal jurisdiction in Indian Country.

  • July 10, 2025

    2nd Circ. Won't Touch Morgan Stanley Deferred Comp Ruling

    The Second Circuit refused to upend part of a lower court's ruling that former Morgan Stanley financial advisers' deferred compensation fell within the reach of federal benefits law, saying the financial firm couldn't clear the high bar necessary to undo the decision.

  • July 10, 2025

    Groups Ask 9th Circ. To Sink EPA Pesticide Seed Exemption

    Green groups on Wednesday asked the Ninth Circuit to revive their lawsuit alleging the U.S. Environmental Protection Agency is violating federal law by failing to regulate pesticide-coated crop seeds.

  • July 10, 2025

    8th Circ. Backs EEOC Win In Deaf Bias Spat With Trucking Co.

    The Eighth Circuit on Thursday declined to upend decisions in favor of the U.S. Equal Employment Opportunity Commission in its lawsuit accusing a trucking company of refusing to hire a driver because he's deaf, rejecting the employer's argument that the applicant wasn't qualified for the job.

  • July 10, 2025

    Pa. Court Says DA Can Refile Murder Charge In Fatal Stabbing

    A split appeals court in Pennsylvania has ruled that the commonwealth may refile charges against a woman for murdering her former girlfriend during an altercation, overturning a state trial court's finding that there was not enough evidence to bring the case.

  • July 10, 2025

    11th Circ. Revives Case Over $3.1M Glassware Verdict Debt

    The Eleventh Circuit has revived a case over $3.1 million in debt resulting from a jury verdict finding that two glass companies had copied the designs of another business, saying a lower court was wrong to find that the infringing companies' bankruptcy had wiped the debt out.

  • July 10, 2025

    11th Circ. Tosses Satellite Co.'s $829K Finder's Fee Suit

    The Eleventh Circuit said Wednesday that a $829,000 award in favor of a satellite technology company should be tossed, writing that a Florida federal court didn't have jurisdiction over the case.

  • July 10, 2025

    IRS Leaker Fairly Sentenced To 5 Years, Gov't Tells DC Circ.

    The judge who sentenced an IRS contractor for leaking thousands of wealthy people's tax returns to the media, including those of President Donald Trump, kept an open mind when she decided to deliver the maximum five-year prison term, the government told the D.C. Circuit, arguing the sentence was fair.

  • July 10, 2025

    Fla. Atty Suspended After Conviction In Embezzlement Case

    The Florida Supreme Court has suspended a lawyer who was found guilty at a June retrial of embezzling from an Orlando law firm where she worked as a paralegal before acquiring her law license.

  • July 10, 2025

    Jazz Looks To Block Avadel From Asking For Sleep Drug OK

    Jazz Pharmaceuticals wants a Delaware federal judge to block Avadel CNS Pharmaceuticals from seeking U.S. Food and Drug Administration approval for its Lumryz drug to treat the sleep disorder idiopathic hypersomnia, after the Federal Circuit sent the case back to the lower court.

  • July 10, 2025

    11th Circ. Keeps County Win In Prison Promotion Bias Row

    The Eleventh Circuit kept intact a Georgia district court's decision to toss a county prison counselor's suit claiming she was passed over for promotion because of her gender, ruling Thursday that she lacked evidence to support a discrimination claim.

  • July 10, 2025

    6th Circ. Sinks Ex-Christian School Dean's Racial Bias Claims

    A Christian school's onetime dean of students cannot have his dismissed race and sex discrimination lawsuit revived because his former position falls under a ministerial exception that bars employment claims, the Sixth Circuit has found.

  • July 10, 2025

    Conn. Panel Will Again Hear Ex-Alex Jones Atty's Ethics Case

    The Connecticut Appellate Court will hear former Alex Jones attorney Norm Pattis' second appeal of his already-reduced, two-week suspension for allowing a former associate to send Sandy Hook medical records to other Jones attorneys who had not signed a confidentiality order.

  • July 10, 2025

    Senate Tees Up 6th Circ. Nom Vote As 1st Of 2nd Trump Term

    The first judicial confirmation of the second Trump administration was readied on Thursday, with the U.S. Senate voting 51-43 to end debate on the nomination of Whitney Hermandorfer to the Sixth Circuit.

  • July 10, 2025

    DOL Urges 9th Circ. To OK Toss Of HP 401(k) Forfeiture Suit

    The U.S. Department of Labor urged the Ninth Circuit to reject HP Inc. workers' bid to revive a proposed class action alleging forfeited employee 401(k) plan contributions were mismanaged, arguing a lower court properly tossed the case for failure to state a claim for violating federal benefits law.

  • July 10, 2025

    10th Circ. Affirms Sentence In $1B Energy Tax Credit Scheme

    A leader of a renewable-energy scheme that illicitly sought $1 billion in tax credits failed to persuade the Tenth Circuit to overturn his conviction by arguing that jurors were biased when his lawyer was identified as having helped Michael Jackson beat child molestation charges.

  • July 10, 2025

    Dems Say Docs Show Circ. Nom Urged DOJ To Ignore Courts

    Senate Democrats on the Judiciary Committee on Thursday unveiled 150 pages of documents, which they say substantiate whistleblower allegations against Third Circuit nominee Emil Bove and raise concerns about his conduct during his tenure at the U.S. Department of Justice.

  • July 09, 2025

    2nd Circ. Axes Conviction Over False Text-To-Vote Memes

    The Second Circuit on Wednesday overturned the conspiracy conviction of a onetime Twitter influencer who worked to convince Democrats in November 2016 they could cast votes for president by text message, saying there was scant proof he coordinated with others.

  • July 09, 2025

    California Court Allows Worker To Pursue 'Headless' PAGA Suit

    A California appeals court panel held Monday that a worker who dismissed his individual claims against his former employer for civil penalties under California's Private Attorneys General Act can still pursue claims solely on behalf of other aggrieved employees in a so-called headless PAGA action.

  • July 09, 2025

    EPA Violated ESA With Nitrogen, Soot Standards, Group Says

    The U.S. Environmental Protection Agency violated the Endangered Species Act when it approved air quality standards for two pollutants without properly analyzing their effects on animals and plants, the Center for Biological Diversity told the D.C. Circuit Tuesday.

Expert Analysis

  • Examining TCPA Jurisprudence A Year After Loper Bright

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    One year after the U.S. Supreme Court overturned Chevron deference in Loper Bright v. Raimondo, lower court decisions demonstrate that the Telephone Consumer Protection Act will continue to evolve as long-standing interpretations of the act are analyzed with a fresh lens, says Aaron Gallardo at Kilpatrick.

  • Gauging The Risky Business Of Business Risk Disclosures

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    With the recent rise of securities fraud actions based on external events — like a data breach or environmental disaster — that drive down stock prices, risk disclosures have become more of a sword for the plaintiffs bar than a shield for public companies, now the subject of a growing circuit split, say attorneys at A&O Shearman.

  • How Justices' Ruling Limits Options To Challenge DHS Orders

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    In Riley v. Bondi, the U.S. Supreme Court recently ruled that a 30-day deadline for challenging deportation orders begins when the U.S. Department of Homeland Security issues a final administrative review order, opening the door for the government to effectively bar circuit court review in future similar cases, says Kevin Gregg at Kurzban Kurzban.

  • Series

    Playing The Violin Makes Me A Better Lawyer

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    Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.

  • Purdue Case Could Transform Patent Obviousness Analyses

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    If accepted for review by the U.S. Supreme Court, Purdue Pharma v. Accord Healthcare — concerning whether Purdue's abuse-deterrent opioid formulation patents were invalid as obvious — could significantly shift how courts weigh secondary considerations in patent obviousness analyses, say attorneys at Lathrop.

  • NM Cyber Ruling Will Spur Litigation As Coverage Remedy

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    In Kane v. Beazley, the New Mexico Court of Appeals recently found that a cyber liability provision insuring security breaches included coverage for funds transfer fraud, implicitly and incorrectly motivating policyholders to commence litigation to avoid contractual limitations on cyber coverages, say attorneys at Zelle.

  • Series

    Law School's Missed Lessons: Practicing Self-Care

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    Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.

  • Texas' Cactus Ruling Clarifies 'Produced Water' Rules

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    The Texas Supreme Court's decision in Cactus Water Services v. COG Operating, holding that mineral interest lessees have the rights to water extracted alongside oil and gas, should benefit industry players by clarifying the rules — but it leaves important questions about royalties unresolved, say attorneys at Yetter Coleman.

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.

  • How Political Divisions Are Stalling Pa. Energy Development

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    Despite possessing the nation's second-largest natural gas reserves and a legacy of energy infrastructure, Pennsylvania faces a fragmented and politically charged path to developing the energy resources it will need in the future, thanks to legislative gridlock, divided public opinion and competing energy interests, says Andrew Levine at Stradley Ronon.

  • How High Court Ruling Can Aid Judgment Enforcement In US

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    In CC/Devas (Mauritius) v. Antrix, a unanimous U.S. Supreme Court recently ruled that only two steps are required to keep a foreign sovereign in federal court, making it a little easier for investors to successfully bring foreign states and sovereign-owned and -controlled entities into U.S. courts, says Kristie Blase at Felicello Law.

  • What High Court's Tenn. Trans Care Ruling Means Nationally

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    The U.S. Supreme Court's decision in U.S. v. Skrmetti, upholding a Tennessee ban on gender-affirming medical care for minors, is fairly limited in scope and closely tailored to the specific language of Tennessee's law, but it may have implications for challenges to similar laws in other states, say attorneys at Hall Render.

  • Justices Rewrite Rules For Challenging Enviro Agency Actions

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    Three recent U.S. Supreme Court rulings — Nuclear Regulatory Commission v. Texas, Oklahoma v. U.S. Environmental Protection Agency and EPA v. Calumet Shreveport Refining — form a jurisprudential watershed in administrative and environmental law, affirming statutory standing and venue provisions as the backbone of coherent judicial review, say attorneys at GableGotwals.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

  • High Court ACA Ruling May Harm Preventative Care

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    The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.

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