Appellate

  • June 20, 2025

    Supreme Court Won't Leapfrog DC Circ. Over Trump's Tariffs

    The U.S. Supreme Court rejected a request from two Illinois-based toy makers challenging President Donald Trump's emergency tariffs to consider their case before it is reviewed by the D.C. Circuit.

  • June 20, 2025

    High Court Urged To Rein In FDA Oversight Of Stem Cells

    The Association of American Physicians and Surgeons asked the U.S. Supreme Court Friday to review a Ninth Circuit decision the organization argued would wrongly give the government control over a patient's own stem cells.

  • June 20, 2025

    Bloomingdale's Website Tracking Suit Revived On CIPA Claim

    The Ninth Circuit on Friday reversed the toss of a proposed class action accusing Bloomingdale's of illegally capturing website visitors' activities in violation of the California Invasion of Privacy Act, finding the plaintiff had sufficiently alleged that the retailer had disclosed the "contents" of her communications to a third-party software provider.

  • June 20, 2025

    Ga. Panel Says Suit To Collect $12.1M Judgment Too Late

    The Georgia Court of Appeals on Friday said a trial court rightly found Mariner Healthcare Management Co.'s lawsuit against Sovereign Healthcare LLC over the recovery of a $12.1 million judgment was barred by the state's four-year statute of limitations for fraud.

  • June 20, 2025

    San Antonio Pushes To Repair Park Amid Tribal Dispute

    The city of San Antonio has asked the Fifth Circuit to lift a stay on a tribal appeal after the Texas Supreme Court answered a question about a state law addressing religious practices, arguing that the high court's opinion rules out two Native Americans' claims.

  • June 20, 2025

    Texas High Court Finds Pilots Union's Can Sue Over 737 Max

    The Texas Supreme Court on Friday put wind beneath the wings of a Southwest Airline Pilots Association's suit aiming to hold Boeing responsible for its members' economic losses after regulators grounded the 737 Max aircraft, finding the Railway Labor Act does not preempt the union's claims.

  • June 20, 2025

    8th Circ. Sends SEC's $12M Dealer Suit Back To District Court

    The Eighth Circuit on Friday granted a request from the U.S. Securities and Exchange Commission to remand a $12 million unregistered dealer judgment the agency won against financial firm Carebourn Capital LP back to the district court, despite Carebourn's bid to keep the matter in the federal appeals court.

  • June 20, 2025

    Fla. Panel Reverses Life Sentence In Carjacking Case

    A Florida appellate court reversed a life sentence for a man convicted of felony battery and carjacking, saying the lower court wrongly believed it didn't have the discretion to impose a lighter punishment.

  • June 20, 2025

    EPA Told To Explain Its Crop-Based Fuel Standards

    The D.C. Circuit on Friday returned a mixed opinion on challenges from green groups to the U.S. Environmental Protection Agency's 2023-2025 renewable fuel standards, upholding the agency's volume-setting process but ruling that its climate change analysis was arbitrary and capricious under the Clean Air Act.

  • June 20, 2025

    9th Circ. Backs 'Legitimate' Bar Membership Admission Rules

    The Ninth Circuit on Friday tossed a challenge to local rules in district courts in the circuit requiring lawyers to be bar members in the state where the court is located in order to seek general admission, saying admission rules aren't unconstitutional and there are several "legitimate reasons" for the rule.

  • June 20, 2025

    Fed. Circ. Revives MSN Challenge To Bausch IBS Drug Patent

    The Federal Circuit has instructed the Patent Trial and Appeal Board to take another crack at evaluating the validity of a drug patent owned by Bausch Health Ireland Ltd., holding that the PTAB's initial decision lacked the detail needed to determine whether it was right or wrong.

  • June 20, 2025

    2nd Circ. Affirms End Of NFL Meta Pixel Code Privacy Suit

    The Second Circuit on Friday declined to revive a New York federal lawsuit against the NFL over its use of Meta's tracking pixel on its website, finding an ordinary person would not be able to decipher the information collected.

  • June 20, 2025

    Board Says Cuban Parole Bid Can't End Removal Case

    The Board of Immigration Appeals held Friday that an immigration judge should not have terminated a noncitizen's removal proceedings so he could seek to adjust status under the Cuban Refugee Adjustment Act, saying the individual's eligibility was too speculative to warrant termination.

  • June 20, 2025

    9th Circ. Finds Calif. One-Gun-A-Month Law Unconstitutional

    The Ninth Circuit on Friday struck down California's so-called one-gun-a-month law, finding that it violates the Second Amendment by categorically preventing state residents from buying more than one firearm every 30 days.

  • June 20, 2025

    Off The Bench: Lakers Sale, NASCAR Antitrust, NIL Appeals

    In this week's Off The Bench, the Lakers fetch a $10 billion valuation as a new owner takes control of the franchise, a federal judge urges litigants in the NASCAR antitrust brawl to settle, and appeals pile up against the NCAA's landmark $2.78 billion athlete compensation settlement.

  • June 20, 2025

    Wash. Municipal Judge Fights State Board's Removal Petition

    A suspended Washington municipal court judge has urged the state Supreme Court to reject a judicial board's recommendation that she be removed from the bench for allegedly mistreating staff and attorneys, saying she has been unfairly punished for her former attorney's actions "in a racially charged environment."

  • June 20, 2025

    DC Circ. Revives Challenge To Noncitizen Voting Law

    A D.C. Circuit panel on Friday reopened a lawsuit challenging a Washington, D.C., law that permits noncitizen Washingtonians to vote in local elections, saying the suit's claims of vote dilution were enough to establish standing.

  • June 20, 2025

    Texas Panel Blocks San Antonio's Abortion Travel Funding

    A Texas appellate court blocked the city of San Antonio from going forward with a program that included funding for out-of-state travel for abortions, finding that the state has the right to challenge the program even though the funding has not yet been spent.

  • June 20, 2025

    Tech Firm Says AI Case Puts Patent Law At 'Breaking Point'

    An analytics firm has told the Federal Circuit that a case involving machine learning patents pushes patent eligibility jurisprudence to "its breaking point," asking for the full circuit to hear the case after a panel ruled that its patents for using machine learning to schedule TV broadcasts were invalid.

  • June 20, 2025

    Texas Justices Pass On USA Today, Tax Firm Defamation Fight

    The Texas Supreme Court on Friday declined to take up a venue dispute in a defamation suit against USA Today over a 2021 investigative series into tax services and technology company Ryan LLC.

  • June 20, 2025

    New Trial Ordered Over $25M Fee Split In Verizon Injury Case

    A New Jersey appellate panel has ordered a new jury trial to decide how to split a $25 million fee award stemming from a $125 million personal injury settlement with Verizon, finding several errors in a previous lower court bench trial.

  • June 20, 2025

    DC Circ. Rejects Chicago Suburbs' Rail Merger Challenge

    A D.C. Circuit panel has rejected a petition from Chicago suburbs that are challenging the approval of Canadian Pacific Railway Ltd.'s $31 billion merger with Kansas City Southern Railway Co., finding that regulators addressed the environmental and other concerns the communities raised.

  • June 20, 2025

    Liberty Mutual Off Hook For Tow Charge After Fatal Crash

    Liberty Mutual is not responsible for $118,290 a Massachusetts towing company tried to collect in storage charges for a vehicle that was evidence in a fatal car accident, the state's highest court concluded Friday.

  • June 20, 2025

    3rd Circ. Deems Immunity Defense Premature For Jailers

    The Third Circuit has ruled that a lower court properly kept Bucks County, Pennsylvania, corrections officers in a lawsuit accusing them of repeatedly pepper-spraying and restraining a mentally ill pretrial detainee, holding that more information was needed before a final determination could be made on immunity.

  • June 20, 2025

    Textron Says NC Biz Certificate Doesn't Signal Jurisdiction

    Textron Inc. has made a final plea for the North Carolina Court of Appeals to expel it from a products liability lawsuit stemming from a private plane crash, denouncing its opponent's claim that the conglomerate can be "hauled" into court in the Tar Heel State merely because it's registered to do business there.

Expert Analysis

  • Texas Ruling Emphasizes Limits Of Franchisors' Liability

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    The Texas Supreme Court's recent ruling in Massage Heights Franchising v. Hagman, holding that a franchisor was not liable to a customer for the actions of a franchisee's employee, helps clarify the relative roles and responsibilities of the parties in such situations — and the limits of franchisors' duty of care, say attorneys at Polsinelli.

  • How AI May Reshape The Future Of Adjudication

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    As discussed at a recent panel at Texas A&M, artificial intelligence will not erase the human element of adjudication in the next 10 to 20 years, but it will drive efficiencies that spur private arbiters to experiment, lead public courts to evolve and force attorneys to adapt, says Christopher Seck at Squire Patton.

  • Justices' Charter School Tie Delays Church-State Reckoning

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    The U.S. Supreme Court’s recent deadlock in Oklahoma Statewide Virtual Charter School Board v. Drummond, blocking the creation of the nation’s first religious charter school, preserved the separation of church and state for now, but offered little reassurance about its continued viability, says Jeffrey Sultanik at Fox Rothschild.

  • When Legal Advocacy Crosses The Line Into Incivility

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    As judges issue sanctions for courtroom incivility, and state bars advance formal discipline rules, trial lawyers must understand that the difference between zealous advocacy and unprofessionalism is not just a matter of tone; it's a marker of skill, credibility and potentially disciplinary exposure, says Nate Sabri at Perkins Coie.

  • Florida Case Could Redefine Construction Defect Damages

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    If a Florida appellate court overturns the trial court in a pending construction contract dispute, the state could experience a seismic shift in construction defect damages, effectively leaving homeowners and developers with an incomplete remedy, says Andrew Gold at Akerman.

  • 2 NY Rulings May Stem Foreign Co. Derivative Suits

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    In recent decades, shareholders have challenged the internal affairs doctrine by bringing a series of derivative actions in New York state court on behalf of foreign corporations, but the New York Court of Appeals' recent rulings in Ezrasons v. Rudd and Haussmann v. Baumann should slow that trend, say attorneys at Cleary.

  • 8th Circ. Ruling Highlights Complicated Remote Work Analysis

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    The Eighth Circuit’s recent opinion in Kuklenski v. Medtronic USA demonstrates that the applicability of employment laws to remote workers is often a fact-driven analysis, highlighting several parameters to consider when evaluating what state and local laws may apply to employees who work remotely, say attorneys at Vedder Price.

  • Class Standing Issues Still Murky After Justices Punt LabCorp

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    While litigants and district courts had hoped the U.S. Supreme Court's ruling in LabCorp v. Davis would provide much-needed clarity on the interplay between Article III standing and class certification, the court's failure to rule on the issue leaves disagreement, confusion and uncertainty for stakeholders, says Erica Rutner at Cozen O'Connor.

  • Indemnity Lessons From Mass. Construction Defect Ruling

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    The Massachusetts high court's decision in Trustees of Boston University v. CHA, holding that a bespoke contractual indemnity provision means that a construction defect claim is not subject to Massachusetts' statute of repose, should spur design and construction professionals to negotiate limited provisions, says Christopher Sweeney at Conn Kavanaugh.

  • Series

    Volunteering At Schools Makes Me A Better Lawyer

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    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.

  • Justices' Ruling Lowers Bar For Reverse Discrimination Suits

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    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.

  • Fed's Crypto Guidance Yank Could Drive Innovation

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    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.

  • Attacks On Judicial Independence Tend To Manifest In 3 Ways

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    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.

  • Statistics Tools Chart A Path For AI Use In Expert Testimony

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    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.

  • High Court Birthright Case Could Reshape Judicial Power

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    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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