Appellate

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that U.S. Supreme Court precedent required it to vacate a Mexican native's removal order after his U.S. citizenship was revoked for not disclosing a criminal charge, although one circuit judge said it was time justices reconsidered the precedent.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

  • June 18, 2025

    NY High Court Lifts Block On NYC Shifting Retiree Healthcare

    New York's highest court lifted an injunction Wednesday that had blocked New York City from switching retired city employees' health insurance provider, ruling that the city never promised its retirees that it would keep them on a Medicare supplemental plan.

  • June 18, 2025

    Seychelles Co. Brings $22M Guinea Award To DC Circ.

    A consulting company is asking the D.C. Circuit to revive its bid to enforce a $22 million arbitration award against the Republic of Guinea, contending that the lower court was wrong to toss the case on jurisdictional grounds.

  • June 18, 2025

    Punitive Damages Allowed In Mother's Hotel Fire Death Suit

    A Florida state appeals court on Wednesday allowed a mother to amend her complaint to seek punitive damages against a hotel over her blind adult son's death in a fire, finding her evidence proffer is sufficient to support the claim.

  • June 18, 2025

    9th Circ. Tosses NLRB Order On Union Jurisdiction Dispute

    The Ninth Circuit on Wednesday axed a National Labor Relations Board order barring a longshore union from going after maintenance work in the Port of Seattle that was awarded to the Machinists, with one judge inviting en banc review of appeals court precedent about work preservation defenses.

  • June 18, 2025

    Fed. Circ. Blocks ITC Sanctions Appeal Without Import Tie

    The Federal Circuit does not have jurisdiction to review whether the U.S. International Trade Commission properly denied Realtek's request for sanctions based on a third-party licensing agreement, as it has no bearing on the question of illegal imports, the court concluded Wednesday.

  • June 18, 2025

    Split 9th Circ. Partly Undoes Walmart Copyright Verdict

    The Ninth Circuit on Wednesday reversed part of a jury's verdict that found Walmart had violated a sculptor's copyrights by selling knockoffs of her lamps, allowing the retail giant to escape paying her attorney fees for now.

  • June 18, 2025

    Ga. Court Backs Dismissal Of Hemp Farm's Drug Raid Suit

    A Georgia appellate panel has said that state law enforcement cannot be held liable for allegedly damaging tens of thousands of dollars worth of product at a hemp farm, ruling that the Georgia Department of Public Safety was wholly shielded by sovereign immunity.

  • June 18, 2025

    Online Bookstore Investors Seek Del. Sale Suit Revival

    Stockholders of an online "virtual" bookstore that lost money for years urged Delaware's Supreme Court Wednesday to reverse a Court of Chancery decision upholding a $12.5 million sale to the company's preferred shareholders under a disputed liquidation preference.

  • June 18, 2025

    Mich. Panel Revives Contract Carpenter's Racial Bias Suit

    A Michigan appellate panel has reopened a Black man's employment discrimination lawsuit against a carpentry company where he claimed to have been called racial slurs by coworkers, saying a trial court was wrong to toss the suit solely because the worker was an independent contractor.

  • June 18, 2025

    9th Circ. Backs Papa John's Win Against Wiretapping Suit

    The Ninth Circuit refused to reinstate a customer's proposed class action accusing Papa John's of recording website visitors' activities in violation of the California Invasion of Privacy Act, ruling Wednesday the pizza chain, as a party to the communications, can't be liable for spying on its own conversation. 

  • June 18, 2025

    Fed. Circ. OKs How Commerce Filled Blank In Steel Duty Case

    The U.S. Department of Commerce may apply adverse facts to a company that fails to propose reasonable alternatives for collecting information that would be unreasonably hard to obtain in an antidumping investigation, the Federal Circuit said in a precedential opinion upholding steel duties on German companies.

  • June 18, 2025

    Netflix Gets Fed. Circ.'s Backing In Streaming Patent Fight

    The Federal Circuit on Wednesday affirmed a Patent Trial and Appeal Board finding that invalidated claims in a streaming patent challenged by Netflix while also vacating the board's decision to decline to scrub other claims.

Expert Analysis

  • 7 Tips For Associates To Thrive In Hybrid Work Environments

    Excerpt from Practical Guidance
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    As the vast majority of law firms have embraced some type of hybrid work policy, associates should consider a few strategies to get the most out of both their in-person and remote workdays, says James Argionis at Cozen O’Connor.

  • Series

    Playing Beach Volleyball Makes Me A Better Lawyer

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    My commitment to beach volleyball has become integral to my performance as an attorney, with the sport continually reminding me that teamwork, perseverance, professionalism and stress management are essential to both undertakings, says Amy Drushal at Trenam.

  • 30 Years Later: How PSLRA Has Improved Securities Litigation

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    In the 30 years since the Private Securities Litigation Reform Act's passage, the statute has achieved its purpose of shifting securities class actions to investors most capable of monitoring the litigation, selecting competent counsel at competitive rates and maximizing recoveries for the investor classes they represent, say attorneys at Bernstein Litowitz.

  • Terraform Case May Be Bellwether For Crypto Enforcement

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    The prosecution of crypto company Terraform Labs and its CEO, Do Kwon, offers a unique test of the line between lawful and unlawful conduct in digital transactions, and the Trump administration’s posture toward the case will provide clues about its cryptocurrency enforcement agenda in the years to come, say attorneys at Brooks Pierce.

  • How Law Firms Can Counteract The Loneliness Epidemic

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    The legal industry is facing an urgent epidemic of loneliness, affecting lawyer well-being, productivity, retention and profitability, and law firm leaders should take concrete steps to encourage the development of genuine workplace connections, says Michelle Gomez at Littler and Gwen Mellor Romans at Herald Talent.

  • What's At Stake In High Court's Class Member Standing Case

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    The U.S. Supreme Court’s eventual decision in Labcorp v. Davis could significantly alter how parties prosecute and defend class actions in federal court, particularly if the court determines some proof of member standing is required before a class may be certified, say attorneys at Reed Smith.

  • What Remedies Under New Admin's SEC Could Look Like

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    The U.S. Securities and Exchange Commission is likely to substantially narrow the remedies it pursues over the next few years, driven by the mounting challenges it faces in court, as well as the views of its incoming chair and fellow Republican commissioners on injunctions, penalties and disgorgement, say attorneys at Milbank.

  • Patent Eligibility Insights From Fed. Circ.'s Drill Bit Ruling

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    The Federal Circuit's recent decision in US Synthetic Corp. v. ITC addresses critical issues in patent eligibility jurisprudence, especially regarding composition-of-matter claims and Section 101 challenges, says Daniel Yannuzzi at Sheppard Mullin.

  • 5 Keys To Building Stronger Attorney-Client Relationships

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    Attorneys are often focused on being seen as the expert, but bonding with clients and prospects by sharing a few key personal details provides the basis for a caring, trusted and profoundly deeper business relationship, says Deb Feder at Feder Development.

  • What SDNY Judge Can And Can't Do In Adams Case

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    The federal judge in the Southern District of New York overseeing the criminal case against New York City Mayor Eric Adams deferred making a decision on the government's motion to dismiss the indictment, and while he does have limited authority to deny the motion, that would ultimately be a futile gesture, says Ethan Greenberg at Anderson Kill.

  • Drug Kickback Ruling Will Make FCA Liability Harder To Prove

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    The First Circuit's ruling in U.S. v. Regeneron Pharmaceuticals, requiring the government to prove but-for causation to establish False Claims Act liability based on violations of the Anti-Kickback Statute, raises the bar for FCA enforcement and deepens a circuit split that the U.S. Supreme Court may need to resolve, say attorneys at Baker Donelson.

  • Notable Q4 Updates In Insurance Class Actions

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    In a continuation of trends in property and casualty insurance class actions, last quarter insurers struggled with defending the merits and class certification of sales tax and fee suits, and labor depreciation cases, but succeeded in dismissing privacy class actions at the pleading stages, says Mathew Drocton at BakerHostetler.

  • Expropriation Claims After Justices' Holocaust Asset Ruling

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    The U.S. Supreme Court's recent decision in Hungary v. Simon, rejecting Holocaust survivors' claims against the Hungarian government under the Foreign Sovereign Immunities Act's expropriation exception, continues the trend of narrowly interpreting that exception and offers important guidance for future plaintiffs considering such claims, say attorneys at MoloLamken.

  • Series

    Racing Corvettes Makes Me A Better Lawyer

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    The skills I use when racing Corvettes have enhanced my legal practice in several ways, because driving, like practicing law, requires precision, awareness and a good set of brakes — complete with the wisdom to know how and when to use them, says Kat Mateo at Olshan Frome.

  • Questions Remain After Justices' Narrow E-Rate FCA Ruling

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    The U.S. Supreme Court’s recent decision in Wisconsin Bell, holding that requests for reimbursement from the Federal Communications Commission's E-Rate program are subject to False Claims Act liability, resolves one important question but leaves several others open, says Jason Neal at HWG.

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