Appellate

  • April 18, 2025

    CFPB Mass Layoffs Blocked Again In DC Court

    A D.C. federal judge once again halted the layoffs of more than 1,000 employees of the Consumer Financial Protection Bureau, saying at an emergency hearing Friday morning that she needed a full record to determine whether the firings complied with a D.C. Circuit order from last week.

  • April 17, 2025

    6th Circ. Says No Naturalization When Removal Pending

    The Sixth Circuit in a split decision has held that a lower court rightfully dismissed a lawful permanent resident's request for naturalization while he was concurrently in removal proceedings, ruling that U.S. Citizenship and Immigration Services correctly delayed his application to become a citizen.

  • April 17, 2025

    DC Circ. Has No Sympathy For Novartis Over Generic Entresto

    A D.C. Circuit panel went in circles Thursday with attorneys from Novartis, MSN Pharmaceuticals and the federal government, trying to work out how a study over dosing levels in the blockbuster drug Entresto should impact whether a generic version can be approved.

  • April 17, 2025

    Solicitor General's Office Now Features Two Top Lieutenants

    Mere days after the U.S. Solicitor General's Office got a new leader, it also got a new leadership structure featuring two BigLaw alums in the traditional second-in-command post, according to a hearing list the U.S. Supreme Court released Thursday.

  • April 17, 2025

    Another Xerox Patent Bites The Dust At Fed. Circ.

    Federal Circuit judges on Thursday affirmed yet another patent board ruling that scratched out claims in a patent issued to a Xerox unit that was asserted against a trio of major social media companies.

  • April 17, 2025

    9th Circ. Signals Support For Tribes' Cultural Loss Claims

    A Ninth Circuit panel was skeptical Thursday that a Teck Resources unit could dodge the Confederated Tribes of the Colville Reservation's claims for tribal service losses stemming from a smelter's Columbia River pollution, with one judge saying Teck's argument was "splitting hairs."

  • April 17, 2025

    NC Justice Unsure Contractor Can Avoid Workers' Comp Payout

    A North Carolina Supreme Court justice seemed skeptical of a construction company's argument that a sheriff's department should cover the entire cost of a workers' compensation payout to a deputy injured while directing traffic on a bridge repair job, citing the court's precedent on the topic during an oral argument Thursday.

  • April 17, 2025

    DC Circ. Says Lateness Doomed Starbucks' NLRB Challenge

    The National Labor Relations Board was not obligated to accommodate Starbucks after its attorney filed a challenge to a board judge's ruling 23 minutes late, the D.C. Circuit ruled Thursday, holding that the board did not abuse its discretion by refusing to process the challenge.

  • April 17, 2025

    Army Corps Says Miss. Dolphin Harm Suit Rightfully Tossed

    The U.S. Army Corps of Engineers has urged the Fifth Circuit to affirm its decision to divert trillions of gallons of polluted floodwater into the Mississippi Sound, which Mississippi local governments and industry groups allege unlawfully harms bottlenose dolphins.

  • April 17, 2025

    4th Circ. Refuses To Halt Abrego Garcia Probe In Sharp Order

    A Fourth Circuit panel on Thursday rejected the Trump administration's "extraordinary" emergency motion to stay a discovery order in litigation over Kilmar Abrego Garcia's deportation to El Salvador, while cautioning the administration against ignoring federal courts, saying it could degrade both executive and judicial branch powers and that "law in time will sign its epitaph."

  • April 17, 2025

    Wash. Justices Back Consumers In Old Navy Spam Email Suit

    Washington's highest court said in a 5-4 ruling Thursday that the state's spam law bars commercial emails that include any false information in their subject lines, endorsing two consumers' broader interpretation of the statute in a proposed class action against Old Navy.

  • April 17, 2025

    6th Circ. Says Michigan AG Can Pursue 'False Elector' Case

    The Sixth Circuit on Thursday affirmed a federal district court's refusal to interfere with a state court case in which Michigan's attorney general accused a former Republican presidential elector candidate of plotting to submit false electoral votes in the wake of the 2020 election.

  • April 17, 2025

    Mich. Defenders Seek $2.3M After Life Sentence Ruling

    Michigan's appellate defender office told lawmakers Thursday that it would need to hire additional staff to represent more than 300 people whose sentences will need to be reviewed after the state's top court declared that automatic life-without-parole sentences for 19- and 20-year-olds are unconstitutional.

  • April 17, 2025

    Navajo Man Owed Relocation Benefits, 9th Circ. Rules

    The Ninth Circuit has ruled in a published opinion that a Navajo Nation member was wrongly denied relocation benefits after the U.S. government awarded his ancestral land to the Hopi Tribe, saying the federal relocation office relied on flawed findings and arbitrary reasoning when denying his claim.

  • April 17, 2025

    6th Circ. Revives Fight For Docs In Prison Co. Investors' Suit

    The Sixth Circuit ordered a do-over of a judge's decision to shield court records in a securities lawsuit against private prison operator CoreCivic on Thursday, saying it isn't enough to invoke unspecified "confidentiality" interests. 

  • April 17, 2025

    DC Circ. Refreezes EPA Climate Grant Funds

    The D.C. Circuit has paused a federal court's order directing Citibank to start disbursing funds to nonprofits undertaking climate change projects that were appropriated by Congress to the U.S. Environmental Protection Agency during the Biden administration.

  • April 17, 2025

    9th Circ. Tosses Objections To $10.4M CVS Wage Settlement

    A pharmacist's objections to a $10.4 million settlement of a wage and hour class action affecting 24,000 CVS employees hold no weight, a Ninth Circuit panel found, ruling Thursday that a California federal judge adequately considered the merits of each objection before tossing them.

  • April 17, 2025

    Copyright Office Opines On Harper Lee 7th Circ. Appeal

    The U.S. Copyright Office is lending its opinion in a dispute over who has the rights to authorize stage adaptions of Harper Lee's iconic book "To Kill A Mockingbird," saying in an amicus brief to the Seventh Circuit that the company that once had the rights for the play cannot prevent others from creating new adaptions after the late author terminated those rights.

  • April 17, 2025

    Wash. Justices Strike Down Spokane's Homeless Camp Law

    The Washington Supreme Court said a voter-approved initiative restricting encampments for homeless people in Spokane is unconstitutional, in an opinion Thursday that said the measure exceeds the scope of local initiative power because it impermissibly "tinkers" with a policy the city had previously adopted.

  • April 17, 2025

    Ga. Judicial Watchdog To Weigh Cases Against Pair Of Judges

    Separate hearings have been set for a Georgia Superior Court judge accused of intervening in a legal matter on behalf of her uncle and locking a woman in a cell during her parents' divorce hearing, as well as a state probate judge accused of causing extensive case delays.

  • April 17, 2025

    Fed. Circ. Won't Revive Network Tech Patent Suit

    The Federal Circuit on Thursday upheld a lower court's finding that Seattle-based technology company F5 did not infringe a patent owned by WSOU Investments LLC covering a network traffic distribution technology.

  • April 17, 2025

    Sacramento Says Dormant Commerce Doesn't Apply To Pot

    The city of Sacramento told the Ninth Circuit on Wednesday that a federal district judge was correct to toss a constitutional challenge to the city's cannabis licensure program, saying the dormant commerce clause does not apply to a federally illegal industry.

  • April 17, 2025

    High Court Sets Arguments Over Birthright Pause

    The U.S. Supreme Court on Thursday ordered special oral arguments over President Donald Trump's bid to pause or limit three nationwide court orders prohibiting implementation of his executive order aimed at limiting birthright citizenship, keeping the president's mandate on hold until at least mid-May.

  • April 17, 2025

    Calif. Court Says Co.'s Heart Monitors Are Not Tax-Exempt

    A California company is not eligible for a $3.3 million refund of sales and use tax paid on heart monitoring devices because the devices aren't considered tax-exempt medicine, a state appeals court ruled.

  • April 17, 2025

    Ex-Dole Employee Can't Swap Other Worker Into PAGA Suit

    A California trial court correctly prevented a former Dole employee from substituting himself in his Private Attorneys General Act case with another worker suing the company, a state appeals court ruled, saying the two workers didn't have much in common.

Expert Analysis

  • Lessons Learned From 2024's Top ADA Decisions

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    Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • The 6 Most Significant FCRA Litigation Developments Of 2024

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    From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.

  • Fed. Circ. In December: A Patent Prosecution History Lesson

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    Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.

  • The Securities Litigation Trends That Will Matter Most In 2025

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    2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • What To Watch For In The 2025 Benefits Landscape

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    While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.

  • Reviewing 2024's Crucial Patent Law Developments

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    As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.

  • Contract Disputes Recap: Adjustments, Preclusion, Waivers

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    Ken Kanzawa at Seyfarth examines three recent decisions from the Civilian Board of Contract Appeals, the U.S. Court of Federal Claims and the Armed Services Board of Contract Appeals that examine distinctions between requests for equitable adjustments and claims, forum selection and res judicata, and the waiver of penalties for expressly unallowable costs.

  • The Justices' Securities Rulings, Dismissals That Defined '24

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    The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.

  • 10 Noteworthy CFPB Developments From 2024

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    In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

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    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

  • 2024 Has Been A Momentous Year For ESG

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    Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.

  • Making The Pitch To Grow Your Company's Legal Team

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    In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

  • Justices May Find Gov't Can Keep Fraudulent Transfer Benefit

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    Based on the justices' questions at the recently argued U.S. v. Miller, the Supreme Court appears prepared to hold that the U.S. — unlike any other creditor — is permitted to retain the benefits of a fraudulent transfer to the detriment of other bankruptcy creditors, says Kevin Morse at Clark Hill.

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