Appellate

  • April 10, 2025

    Parish Must Face Discriminatory Land Use Suit, 5th Circ. Says

    A Fifth Circuit panel has revived a lawsuit accusing a Louisiana parish of steering hazardous industrial facilities into Black communities, holding that claims from a church and two resident groups in an area dubbed Cancer Alley were timely and alleged concrete injuries.

  • April 10, 2025

    3rd Circ. Judge At 'Crossroads' In H-2A Farmworker Row

    A Third Circuit judge suggested Thursday that the outcome of a case alleging that a Garden State farm violated provisions of a temporary guest worker program hinges on whether it's an immigration matter or a labor dispute, a determination that should be made before the panel can view it through a post-Jarkesy lens.

  • April 10, 2025

    Justices Uphold Order To Return Man Deported To El Salvador

    The U.S. Supreme Court on Thursday upheld a federal judge's order requiring the Trump administration to quickly bring back a Maryland man who was mistakenly deported to El Salvador and imprisoned there, ordering the lower court to clarify the government's obligations and requiring the government to share the steps it has taken.

  • April 10, 2025

    Mich. Justices Bar Mandatory Life Terms For 19-, 20-Year-Olds

    A split Michigan Supreme Court on Thursday said 19- and 20-year-olds' youth and capacity for rehabilitation must be considered when punishing them for murder, declaring mandatory life sentences for the late adolescents unconstitutional, while dissenting justices cautioned against the majority's reliance on a "parade of neuroscientific studies" to reshape the law.  

  • April 10, 2025

    Ga. Panel Signals Toddler Death Testimony Best Left To Jury

    The Georgia Court of Appeals appeared unpersuaded Thursday by a pediatrician's bid to toss a $4 million medical malpractice verdict she was hit with for allegedly misdiagnosing a toddler's ingestion of a battery that later killed him, doubting her efforts to undermine the testimony of one of the family's key experts.

  • April 10, 2025

    NSO Hack Needed Apple's Calif. Servers, Foreign Journos Say

    Counsel for a group of El Salvador-based journalists urged the Ninth Circuit on Thursday to revive a lawsuit accusing Israeli spyware maker NSO Group of hacking their iPhones, saying the case belongs in California federal court because the alleged attacks relied on Apple's servers within the Golden State.

  • April 10, 2025

    Holmes Seeks Full 9th Circ. Review Of Theranos Fraud Appeal

    Convicted Theranos Inc. founder Elizabeth Holmes has asked the Ninth Circuit for en banc review of a panel's decision to affirm her criminal fraud conviction and 11-year prison sentence, saying problems with the opinion included a "time-warping relevance theory."

  • April 10, 2025

    3rd Circ. Backs Hospital In Doctor's COVID Vaccine Bias Suit

    The Third Circuit on Thursday upheld a Philadelphia-area health system's win over an emergency room doctor's suit claiming he was unlawfully denied a religious exemption from its COVID-19 vaccination policy, saying the hospital demonstrated that granting his request would have been too difficult.

  • April 10, 2025

    1st Circ. Says Immigration Board Ignored Key Evidence

    The First Circuit has unraveled a Board of Immigration Appeals decision, saying it failed to consider key evidence in a psychological report about the impact the removal of Guatemalan parents would have on the mental health of one of their children.

  • April 10, 2025

    NC Justices Asked To Weigh In On Pot Burden Of Proof

    A man convicted of drug trafficking is asking the North Carolina Supreme Court to weigh in on the charges against him for selling cannabis, saying the state failed to show that it wasn't legal hemp at trial.

  • April 10, 2025

    Pa. Justices Try To Referee Pittsburgh's 'Jock Tax'

    Pennsylvania's Supreme Court justices looked to punt Thursday on whether the city of Pittsburgh's "jock tax" was uniform enough to pass constitutional muster, taking the unusual step of ordering extra briefing on how the city might offer tax credits for the 3% levy it put on nonresident entertainers' income earned at publicly funded venues.

  • April 10, 2025

    Conn. Firm Fights Atty Fee Award In Client's Suit Over Scam

    Connecticut law firm Mancini Provenzano & Futtner LLC has asked a Constitution State court to reconsider its decision to award attorney fees and prejudgment interest to a former client after a fraudster used the firm's email system to rob the client of $90,586, arguing there was no bad faith to warrant such an award.

  • April 10, 2025

    Judge On Bid To Redo Wawa Breach Atty Fees: 'I Don't Buy It'

    A Third Circuit panel on Thursday considering a class member's request to reconsider a $3.2 million attorney fee award in the Wawa data breach litigation seemed unconvinced of the argument that the number was the result of side-dealing attorneys, with one judge telling counsel, "I don't buy it."

  • April 10, 2025

    Conn. Justices Seem Open To Redo Of Atty's Scam Damages

    Justices of the Connecticut Supreme Court appeared sympathetic Thursday to an attorney's argument that they should boost the damages he won against scammers in an identity theft case, and asked probing questions about how the $450,000 award was calculated, then recalculated, in two lower courts.

  • April 10, 2025

    Texas Supreme Court Justice Boyd To Retire

    Texas Supreme Court Justice Jeff Boyd is leaving the court this summer after more than a decade of service and ahead of the expiration of his term.

  • April 10, 2025

    Colo. Supreme Court Rejects Fire Plaintiffs' Trial Opt-Out Bid

    The Colorado Supreme Court has declined to hear a challenge to a judge's plan for a single liability trial on thousands of consolidated claims alleging Xcel Energy and two telecom companies are responsible for a 2021 wildfire.

  • April 10, 2025

    Fed. Circ. Refuses SAP's Bid To Transfer EDTX Patent Case

    The Federal Circuit on Thursday shut down an attempt by major German software company SAP SE, which is represented by former U.S. Patent and Trademark Office Director Kathi Vidal, to transfer a patent infringement suit out of the Eastern District of Texas' Marshall division to the Sherman branch.

  • April 10, 2025

    DC Circ.'s Views Of Hospital's Union Offers Tough To Read

    The D.C. Circuit's leanings were tough to glean Thursday as judges raised few questions about a National Labor Relations Board ruling that George Washington University Hospital's aggressive bargaining proposals showed it approached negotiations with a longtime union in bad faith.

  • April 10, 2025

    Gaming Board's Stance 'Not Helpful' To BetMGM, Justice Says

    Michigan Supreme Court justices on Thursday sounded somewhat skeptical that a state gambling law preempts an online bettor from suing BetMGM over its refusal to pay out $3 million in winnings, noting the state's gaming board said it doesn't have the authority or resources to take on civil claims unrelated to regulating internet gaming.

  • April 10, 2025

    NJ Panel Tosses Mall Owner's Bid To Spike Mixed-Use Project

    A New Jersey appeals panel rejected a Newark shopping center owner's attempt to compel a builder to construct a parking garage instead of a mixed-use project on an adjacent property by citing a 2004 city plan.

  • April 10, 2025

    Del. Justices Urged To Revive Gellert Seitz Malpractice Case

    A homebuilder is asking the Delaware Supreme Court to undo Gellert Seitz Busenkell & Brown LLC's win in a legal malpractice case over damages the builder says it suffered due to negligent representation in loan restructuring disputes with a bank.

  • April 10, 2025

    NC Bill Would Let Judges, DAs Shield Personal Info Online

    A bipartisan bill introduced Thursday in the North Carolina House of Representatives would allow judges, prosecutors and public defenders to request the removal of their personal information from public websites, including their addresses and phone numbers.

  • April 10, 2025

    Mich. Justices Mull Hospital's Liability For Contract Doc's Acts

    The Michigan Supreme Court on Thursday weighed a Corewell Health hospital's possible vicarious liability for independent physicians practicing within the hospital, with one justice pushing back on the idea that liability would be limited to emergency rooms.

  • April 10, 2025

    6th Circ. Won't Block New Ky. Vape Regulations

    The Sixth Circuit won't block enforcement of newly enacted e-cigarette regulations in Kentucky, saying the vaping interests' delays in bringing their suit against the state and asking for an injunction undermine their claims that they face "irreparable" harm.

  • April 10, 2025

    6th Circ. Backs Ford In Race, Sexual Harassment Suit

    The Sixth Circuit declined to scrap a jury win for Ford Motor Co. in a Black ex-employee's suit claiming she was sexually assaulted and racially harassed on the job, ruling the verdict lined up with a lack of evidence that Ford could have stopped the alleged mistreatment sooner.

Expert Analysis

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • Lessons Learned From 2024's Top FMLA Decisions

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    Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

  • 5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle

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    The Fifth Circuit's recent en banc opinion vacating Nasdaq's board diversity listing rule wades into the hotly debated topic of diversity, equity and inclusion initiatives at a time when many public companies are navigating the attention that DEI commitments are drawing from activists and shareholders, say attorneys at Debevoise.

  • 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.

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