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Appellate
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August 12, 2025
Feds Say High Court Case Supports Discord Trader Indictment
Federal prosecutors and a group of men accused of running a $114 million pump-and-dump stock scheme over Discord have made their case for whether a recent U.S. Supreme Court decision means a judge was correct in tossing a 21-count indictment against the men.
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August 12, 2025
4th Circ. Lifts Block On DOGE's Data Access At 3 Agencies
A split Fourth Circuit panel vacated a block Tuesday on the Department of Government Efficiency's access to personal information held by three federal agencies, prescribing an exacting appraisal of the challenging unions' chances of winning all aspects of the case.
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August 12, 2025
Fed. Circ. Won't Revive Real Estate Co.'s IRS Contract Dispute
A real estate company failed to show that the Internal Revenue Service improperly blocked its bid to continue leasing office space to the agency after agency employees complained about the building, the Federal Circuit said Tuesday, affirming a Court of Federal Claims ruling.
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August 12, 2025
11th Circ. Suggests 'Bad Drafting' Led NCR To Benefit Liability
The Eleventh Circuit signaled Tuesday that it will likely uphold an early win by former executives of a Georgia e-commerce company who said they were short-changed in payouts from a "top hat" benefits plan, telling the company it couldn't escape the "bad drafting" of its contract.
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August 12, 2025
Teamsters Fund Fights Debt Recalculation Order At 7th Circ.
The Seventh Circuit should overturn an Illinois federal judge's order for a Teamsters pension fund to recalculate a concrete company's debt, the fund argued, saying the fund's original finding that the company owed roughly $23 million was correct.
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August 12, 2025
Groups Urge IRS To Resist Pressure To Share Taxpayer Info
Advocacy groups urged the Internal Revenue Service on Tuesday to keep resisting presidential pressure to share confidential tax-return information with immigration enforcement authorities, saying the abrupt departure of the agency's new commissioner highlights the need for oversight.
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August 12, 2025
Trump Nominates 5 To Mississippi, Alabama Federal Courts
President Donald Trump announced on Tuesday five judicial nominees for federal courts in Mississippi and Alabama, one of whom Trump tried to put on the bench in his first term.
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August 12, 2025
Fed. Circ. Rejects Another Fannie, Freddie Investor Suit
The Federal Circuit on Tuesday threw out a lawsuit accusing the federal government of profiting off Fannie Mae and Freddie Mac to other shareholders' detriment, saying the case was seeking to rehash arguments the court rejected three years ago.
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August 12, 2025
2nd Circ. Rules Dormant Commerce Clause Covers Marijuana
A split Second Circuit panel on Tuesday ruled that, despite marijuana's federal illegality, the U.S. Constitution prohibits states from privileging their own residents when awarding licenses to cannabis businesses.
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August 12, 2025
Ohio Court Orders Resentencing Over Disclosure Failures
An Ohio state appeals court has ruled that a man given an indefinite sentence for a series of assaults must be resentenced after a trial court failed to adequately inform him about his sentence when it was handed down.
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August 12, 2025
Rising Star: Jones Day's Brinton Lucas
Brinton Lucas of Jones Day successfully challenged a U.S. Securities and Exchange Commission rule requiring public companies to describe their reasoning behind stock buybacks, earning him a spot among the appellate law practitioners under age 40 honored by Law360 as Rising Stars.
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August 12, 2025
DOJ Demurs On Lawsuit Seeking Emil Bove Docs
The U.S. Department of Justice is contesting a watchdog's lawsuit seeking to obtain public records requests on now-Third Circuit Judge Emil Bove, who was formerly President Donald Trump's criminal attorney and a top DOJ official.
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August 12, 2025
Insurer Pushes 11th Circ. To Avoid Malpractice Coverage
An insurance company has told the Eleventh Circuit it should not have to foot the bill to defend its client against a federal malpractice suit in Atlanta, arguing its policy contains a carveout for claims involving "conversion, improper comingling, or misappropriation," and asking the appellate court to review an earlier dismissal de novo.
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August 12, 2025
11th Circ. Wary Of Individual Arbitration Push In ESOP Fight
The Eleventh Circuit on Tuesday appeared unlikely to force individual arbitration of a federal benefits lawsuit alleging that a legal technology company's employee stock ownership plan shares were undervalued in a plan termination, with multiple judges questioning the validity of an arbitration provision in ESOP plan documents.
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August 12, 2025
6th Circ. Says Officials' Cabin Search Violated 4th Amendment
The Sixth Circuit on Monday upheld a lower court's decision denying qualified immunity to Michigan officials who entered a family's property without a warrant or permission, ruling the mini cabins they inspected were protected as homes under the Fourth Amendment and the search was unreasonable.
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August 11, 2025
5th Circ. Backs Mexican Banks' Subpoena For Fraud Case
The Fifth Circuit on Monday refused to revive a Mexican businessman's motion to quash a subpoena stemming from major Mexican financial institutions' efforts to obtain discovery as they pursue claims that the businessman absconded with $32 million in loans, saying it detected "no error" in a lower court's denial.
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August 11, 2025
9th Circ. Affirms SEC Win In Life Insurance Investment Row
The Ninth Circuit ruled in a published opinion Monday that fractional interests in life settlements are investment contracts and thus securities, backing the U.S. Securities and Exchange Commission's win against Pacific West Capital Group agents, who the SEC alleged sold unregistered securities and didn't properly register as broker-dealers.
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August 11, 2025
2nd Circ. Revives Hezbollah Terrorism Suit Against Bank
The Second Circuit held Monday that a Lebanese bank is subject to the personal jurisdiction of New York courts on claims over its predecessor's alleged assistance to Hezbollah, citing the state highest court's certified answer in the case while also reasoning that the bank being subjected to the state's jurisdiction was foreseeable.
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August 11, 2025
11th Circ. Nixes Ineffective-Counsel Claim In Salmonella Case
Peanut Corp. of America's former president and a food broker convicted for their roles in a salmonella outbreak that killed nine people and sickened more than 700 cannot throw out their prison sentences, the Eleventh Circuit ruled Monday, rejecting their assertion of ineffective counsel.
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August 11, 2025
Ohio Justice's Suit Over Partisan Label Rule Moves Forward
Ohio Supreme Court Justice Jennifer Brunner's challenge to a state law requiring judicial candidates to list their political party affiliations on general election ballots will go on after a federal judge ruled the justice sufficiently alleged that her First Amendment rights were violated.
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August 11, 2025
11th Circ. Rejects Speedy Trial Claim In MetroPCS Robberies
The Eleventh Circuit will not overturn the conviction of a man arrested in a string of MetroPCS store robberies in Miami, saying that even though the government may have violated the Speedy Trial Act, the man missed the window to challenge the charges.
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August 11, 2025
Justices Told USAA's $218M Win Threatened By Inconsistency
The Federal Circuit's decision to let the Patent Trial and Appeal Board invalidate patents at the heart of the United Services Automobile Association's recently reversed $218 million infringement verdict against PNC Bank, endorsed allowing government agencies to issue contradictory rulings without explaining themselves, USAA has told the U.S. Supreme Court.
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August 11, 2025
2nd Circ. Revives Ex-Fed Worker's COVID Vax Exemption Suit
The Second Circuit has revived a former employee's claims against the Federal Reserve Bank of New York over its COVID-19 vaccination requirement, saying Monday there was a disputed issue of fact over whether the executive assistant had a genuine religious objection.
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August 11, 2025
Trump's DC Takeover Highlights Local Judicial Vacancies
President Donald Trump's announcement Monday on the federal takeover of D.C. law enforcement and deployment of the National Guard to Washington, D.C., has drawn attention once again to the vacancy crisis plaguing the local D.C. court system.
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August 11, 2025
Texas AG Says Trans Care Decision Limits Investigative Power
Texas Attorney General Ken Paxton's office told the state's high court Friday that a lower court's decision severely diminished its ability to investigate violations of the state's deceptive trade practices statute, and stalled an investigation into an LGBTQ+ advocacy group.
Expert Analysis
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Series
Volunteering At Schools Makes Me A Better Lawyer
Speaking to elementary school students about the importance of college and other opportunities after high school — especially students who may not see those paths reflected in their daily lives — not only taught me the importance of giving back, but also helped to sharpen several skills essential to a successful legal practice, says Guillermo Escobedo at Constangy.
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Justices' Ruling Lowers Bar For Reverse Discrimination Suits
The U.S. Supreme Court's unanimous opinion in Ames v. Ohio Department of Youth Services, lowering the evidentiary burden for plaintiffs bringing so-called reverse discrimination claims, may lead to more claims brought by majority group employees — and open the door to legal challenges to employer diversity, equity and inclusion initiatives, say attorneys at Ice Miller.
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Fed's Crypto Guidance Yank Could Drive Innovation
The Federal Reserve Board's recent withdrawal of guidance letters brings regulatory consistency and broadens banks' ability to innovate in the crypto-asset space, but key distinctions remain between the Fed's policy on crypto liquidity and that of the other banking regulators, says Dan Hartman at Nutter.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Statistics Tools Chart A Path For AI Use In Expert Testimony
To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.
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High Court Birthright Case Could Reshape Judicial Power
Recent arguments before the U.S. Supreme Court in cases challenging President Donald Trump’s birthright citizenship executive order primarily focused on federal judges’ power to issue nationwide injunctions and suggest that the upcoming decision may fundamentally change how federal courts operate, says Mauni Jalali at Quinn Emanuel.
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Ore. High Court Ruling Widens Construction Defect Coverage
A recent Oregon Supreme Court decision, Twigg v. Admiral Insurance, dispels the myth that a contractor's liability for defective work is uninsurable if pursued as a breach of contract, say attorneys at Stoel Rives.
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Justices Hand Agencies Broad Discretion In NEPA Review
By limiting the required scope of reviews under the National Environmental Policy Act, the U.S. Supreme Court's recent ruling in Seven County Infrastructure Coalition v. Eagle County could weaken the review process under NEPA, while also raising questions regarding the degree of deference afforded to agencies, say attorneys at Foley Hoag.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Appellate Guidance Needed On California Chatbot Litigation
There is wide variation in how courts are applying the California Invasion of Privacy Act against website owners that allegedly help third parties spy on visitors via chatbots — and the lack of appellate rulings creates uncertainty, especially as these cases move toward the summary judgment stage, say attorneys at Crowell & Moring.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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The Sentencing Guidelines Are Commencing A New Era
Sweeping new amendments to the U.S. sentencing guidelines — including the elimination of departure provisions — intended to promote transparency and individualized justice while still guarding against unwarranted disparities will have profound consequences for all stakeholders, say attorneys at Blank Rome.
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Justices Widen Gap Between Federal, Calif. Enviro Reviews
While the U.S. Supreme Court's recent opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado, narrowed the scope of National Environmental Policy Act reviews, it may have broadened the gulf between reviews conducted under NEPA and those under the California Environmental Quality Act, say attorneys at Hanson Bridgett.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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Foreign Sovereign Entities Should Heed 9th Circ. IP Ruling
After the Ninth Circuit recently held that four Chinese state-controlled companies were not immune from criminal indictment for alleged economic espionage, foreign sovereign-controlled entities should assess whether their operations and affiliation with their parent states qualify for sovereign immunity under the common law, say attorneys at Cleary.