Appellate

  • October 10, 2025

    Zantac MDL Suits Were Impropely Tossed, 11th Circ. Told

    Consumers urged the Eleventh Circuit on Friday to revive their claims in a multidistrict litigation alleging that the main ingredient in the heartburn medication Zantac causes cancer, saying the court overseeing the case improperly sided with drugmakers' experts and preempted more claims from coming forward.

  • October 10, 2025

    4th Circ. Denies Shutdown-Based Stay In DOGE Access Case

    A Fourth Circuit panel has refused to grant the government more time to respond to several major unions' petition for an en banc rehearing regarding the panel's split August decision granting the Department of Government Efficiency access to personal data that is held by several federal agencies.

  • October 10, 2025

    SG Tells Justices Courts Should Defer To BIA On Persecution

    Solicitor General D. John Sauer has urged the U.S. Supreme Court to find that courts should defer to Board of Immigration Appeals' determinations on whether asylum seekers suffered persecution or the threat of persecution back home, arguing that it's a factual analysis that appellate courts are "ill-equipped to handle."

  • October 10, 2025

    5th Circ.'s FDIC Ruling 'Cries Out' For Review, Ex-CEO Says

    A former Texas bank CEO has asked the full Fifth Circuit to revive his constitutional challenge to the Federal Deposit Insurance Corp.'s in-house enforcement process, arguing that a recent panel decision to reject his case as premature "cries out" for review.

  • October 10, 2025

    AI Company Wants Justices' Input On 'Interested Party' Ruling

    Percipient.ai urged the U.S. Supreme Court to review an en banc Federal Circuit ruling limiting who qualifies as an interested party eligible to protest an alleged statutory violation committed by the government in connection with a procurement at the U.S. Court of Federal Claims. 

  • October 10, 2025

    Fed. Circ. Not Sure IPR Estoppel Binds Patent Office

    A panel of Federal Circuit judges seemed wary Friday that language from the America Invents Act barring private parties from raising multiple patent challenges also applies to the U.S. Patent and Trademark Office.

  • October 10, 2025

    Chancery Resolves Caribevision TV's Control, Management

    A series of rulings by a Delaware vice chancellor on Friday resolved for now disputes over control of Caribevision TV Network LLC, the self-described media "eyes and ears of the Caribbean" that recently saw police called in to block an attempt to replace the company's CEO.

  • October 10, 2025

    $20M Gas Plant Verdict At Texas High Court Gets Settled

    Arrow Field Services LLC settled with Linde Engineering North America Inc. after the latter secured a $20 million verdict, ending an appeal of the decision at the Texas Supreme Court Friday.

  • October 10, 2025

    Wyden Urges Justices To Revive UBS Retaliation Case Again

    Sen. Ron Wyden and several whistleblower organizations have urged the U.S. Supreme Court to revive for a second time a fired UBS worker's whistleblower retaliation lawsuit, pointing to a "deep and direct conflict" the Second Circuit has created with its latest decision in the case.

  • October 10, 2025

    DUI Defendant Can't Blame Atty For Gun License Suspension

    A lawyer's failure to alert his client that a drunken-driving conviction would cost him his license to carry a gun is not ineffective assistance of counsel, a Massachusetts intermediate-level appeals court panel concluded.

  • October 10, 2025

    Up Next At High Court: Voting Rights & Warrantless Entries

    The U.S. Supreme Court will return Tuesday to hear oral arguments in four cases, including a dispute over the constitutionality of the last remaining provision of the Voting Rights Act and whether federal prisoners seeking postconviction relief are subject to the same rules as state inmates.

  • October 10, 2025

    Calif. Panel Says City's Affordable Housing Map Is Flawed

    A California appellate court has revived a lawsuit brought by developers challenging Redondo Beach's plans to develop lower- and moderate-income housing, ruling on Friday the city's map for the plans violates state law.

  • October 10, 2025

    GOP Reps Back Legality Of Trump Birthright Citizenship Order

    Eighteen Republican lawmakers on Friday told the U.S. Supreme Court the Trump administration is right to assert that the 14th Amendment was never meant to confer birthright citizenship to the children of parents who are in the country without legal authorization.

  • October 10, 2025

    High Court To Eye Limits On Appeal Waivers In Plea Deals

    The U.S. Supreme Court will consider which exceptions might apply to criminal appeal waivers, which are common in plea deals, the court announced Friday.

  • October 10, 2025

    $8B EV Trade Secrets Case Best Left To Israel, 5th Circ. Says

    The Fifth Circuit agreed with a district judge Friday that an $8 billion trade secrets case between two electric vehicle companies was better suited to be litigated in Israel, saying the party that wants to keep the dispute stateside had not adequately explained why that would be better.

  • October 10, 2025

    Justices Told SEC 'Dead Wrong' On Activist Investor Suits

    An activist investor has told the U.S. Supreme Court that a series of investment funds, with the backing of the U.S. Securities and Exchange Commission, are "dead wrong" to say it has no right to sue over their decision to dilute the investor's voting shares.

  • October 10, 2025

    Supreme Court Asked To Consider Appeal Over AI-Created Art

    A computer scientist who was denied a copyright for artwork created by an artificial intelligence system he built has asked the U.S. Supreme Court to review his appeal challenging the U.S. Copyright Office's decision.

  • October 10, 2025

    11th Circ. Says Denied Sentence Relief Not Double Jeopardy

    The Eleventh Circuit has ruled that a man sentenced to 10 years in prison was not double-charged when he was deemed ineligible to receive a sentence reduction under a federal safety-valve mechanism, as his sentence for drug dealing included a firearms enhancement, and he was separately charged for that firearms offense.

  • October 10, 2025

    11th Circ. Says Insurer Must Defend Atty Malpractice Suit

    A law firm's professional liability insurer has a duty to defend it and one of its attorneys in an underlying malpractice lawsuit stemming from their representation of defendants that faced civil forfeiture claims, the Eleventh Circuit ruled Friday, finding that a "misappropriation exclusion" did not wholly foreclose coverage.

  • October 10, 2025

    7th Circ. Won't Pause Block Of National Guard Deployment

    The Seventh Circuit on Saturday refused to grant the Trump administration's emergency order to stay an Illinois federal judge's ruling blocking the deployment of National Guard troops to Chicago while the appeals court considers the matter, but did pause the ruling as it pertains to the federalization of the National Guard in Illinois.

  • October 10, 2025

    9th Circ. Upholds Tossing Dietary Supplement False Ad Suit

    The Ninth Circuit has upheld the dismissal of a proposed class action alleging Golo LLC falsely marketed its supplements as weight loss aids, ruling the claims are barred by federal law.

  • October 10, 2025

    6th Circ. Affirms Class Status In Totaled Car Payout Dispute

    A panel of Sixth Circuit judges upheld the class certification of a suit alleging State Farm systematically undervalues totaled vehicles, saying that a class of Tennessee insureds were linked by a common alleged harm of breach of contract. 

  • October 10, 2025

    Back Where We Started: Life After FTC's Noncompete Ban

    Now that the Federal Trade Commission has abandoned efforts for a nationwide ban on noncompete clauses, the employment provisions remain subject to a constellation of changing state laws and can sometimes still violate federal law in certain situations.

  • October 10, 2025

    Mich. Panel Says Detroit Flouted Surveillance Tech Notice Law

    Detroit failed to comply with procedural requirements before inking contracts for gunshot detecting technology, a Michigan appellate panel said Thursday, leaving it to a lower court to determine if the contracts should be canceled due to the violations.

  • October 10, 2025

    Nonprofit Asks 9th Circ. To Rethink Vegas Price-Fixing Case

    A nonprofit that focuses on antitrust issues urged entire Ninth Circuit to rehear a price-fixing case accusing several Las Vegas casino-hotel operators of using the same algorithm to set prices for hotel rooms.

Expert Analysis

  • Asbestos Ruling Cements All Sums Coverage Precedent In SC

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    With its recent decision in Protopapas v. Travelers, the South Carolina Court of Appeals becomes the highest court in South Carolina to adopt the all sums allocation approach for long-tail claims, providing key appellate precedent to support policyholders' efforts to maximize their coverage, say attorneys at Anderson Kill.

  • M&A Ruling Reinforces High Bar For Aiding, Abetting Claims

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    The Delaware Supreme Court's recent decision in In re: Columbia Pipeline may slow the filing of aiding and abetting claims against third-party buyers in situations where buyers negotiate aggressively, putting buy-side dealmakers' minds at ease that they likely won't be liable for seeking the best possible deal, say attorneys at Simpson Thacher.

  • Series

    Creating Botanical Art Makes Me A Better Lawyer

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    Pressing and framing plants that I grow has shown me that pursuing an endeavor that brings you joy can lead to surprising benefits for a legal career, including mental clarity, perspective and even a bit of humility, says Douglas Selph at Morris Manning.

  • What To Expect As Calif. Justices Weigh Arbitration Fee Law

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    If the California Supreme Court’s upcoming ruling in Hohenshelt v. Superior Court holds that the Federal Arbitration Act does not preempt the California Arbitration Act's strict fee deadlines, employers and businesses could lose the right to arbitrate over minor procedural delays, say attorneys at Bird Marella.

  • 2 Circuit Court Rulings Offer A Class Certification Primer

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    Two recent decisions from the Third and Sixth Circuits provide guidance on the rigorous analysis of predominance that courts might require for class certification, and insights into how defendants might oppose or narrow potential class actions, say attorneys at DLA Piper.

  • Supreme Court's Criminal Law Decisions: The Term In Review

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    Though the U.S. Supreme Court’s criminal law decisions in its recently concluded term proved underwhelming by many measures, their opinions revealed trends in how the justices approach criminal cases and offered reminders for practitioners, says Kenneth Notter at MoloLamken.

  • Opinion

    The Legal Education Status Quo Is No Longer Tenable

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    As underscored by the fallout from California’s February bar exam, legal education and licensure are tethered to outdated systems, and the industry must implement several key reforms to remain relevant and responsive to 21st century legal needs, says Matthew Nehmer at The Colleges of Law.

  • 2nd Circ. Reinforces Consensus On Vacating Foreign Awards

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    In Molecular Dynamics v. Spectrum Dynamics Medical, the Second Circuit recently affirmed that federal district courts do not possess subject matter jurisdiction to vacate foreign arbitral awards, strengthening this consensus across the circuits most active in recognition and enforcement actions, says Ed Mullins at Reed Smith.

  • What Dismissal Rulings May Mean For ERISA Forfeiture Cases

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    Following an influx of Employee Retirement Income Security Act class actions challenging the long-standing practice of plan sponsors using plan forfeitures to offset employer contributions, recent motion to dismiss rulings and a U.S. Department of Labor amicus brief may encourage more courts to reject plaintiffs' forfeiture theories, say attorneys at Mayer Brown.

  • Justices' Age Verification Ruling May Lead To More State Laws

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    The U.S. Supreme Court’s recent Free Speech Coalition v. Paxton ruling, permitting a Texas law requiring certain websites to verify users’ ages, significantly expands states' ability to regulate minors’ social media access, further complicating the patchwork of internet privacy laws, say attorneys at Troutman.

  • E-Discovery Quarterly: Rulings On Relevance Redactions

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    In recent cases addressing redactions that parties sought to apply based on the relevance of information — as opposed to considerations of privilege — courts have generally limited a party’s ability to withhold nonresponsive or irrelevant material, providing a few lessons for discovery strategy, say attorneys at Sidley.

  • Opinion

    Section 1983 Has Promise After End Of Nationwide Injunctions

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    After the U.S. Supreme Court recently struck down the practice of nationwide injunctions in Trump v. Casa, Section 1983 civil rights suits can provide a better pathway to hold the government accountable — but this will require reforms to qualified immunity, says Marc Levin at the Council on Criminal Justice.

  • Reel Justice: 'Oh, Hi!' Teaches Attys To Return To The Statute

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    The new dark comedy film “Oh, Hi!” — depicting a romantic vacation that turns into an inadvertent kidnapping — should remind criminal practitioners to always reread the statute to avoid assumptions, meet their ethical duties and finesse their trial strategy, says Veronica Finkelstein at Wilmington University School of Law.

  • Patent Ambiguity Persists After Justices Nix Eligibility Appeal

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    The Supreme Court recently declined to revisit the contentious framework governing patent eligibility by denying certiorari in Audio Evolution Diagnostics v. U.S., suggesting a necessary recalibration of both patent application and litigation strategies, say attorneys at Skadden.

  • Justices' Decision Axing Retiree's ADA Claim Offers Clarity

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    The U.S. Supreme Court's holding in Stanley v. City of Sanford that protections under Title I of the Americans with Disabilities Act don't extend to retirees potentially limits liability by giving employers additional support to challenge complaints, and highlights the need for proactive policy management to mitigate risk, say attorneys at Jackson Lewis.

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