Appellate

  • April 28, 2025

    Fatal Crash At Hospital Is Workers' Comp Case, NJ Panel Says

    A lower court ruled correctly that a fatal crash in the employee parking lot of a hospital is a matter for workers' compensation, not the courts, a New Jersey appellate panel said Monday.

  • April 28, 2025

    'Withdraw Your Accusation': Attys, Justices Clash In ADA Case

    U.S. Supreme Court arguments over the standard of proof students must meet to pursue Americans with Disabilities Act claims of discrimination in public schooling turned combative Monday when one veteran litigator accused another of lying to the justices, eliciting sharp rebukes from several members of the bench.

  • April 28, 2025

    Altice Must Show Arbitration Clause Was Sent, NJ Justices Told

    An Altice USA customer urged the New Jersey Supreme Court on Monday to revive his discrimination suit against the cellular provider, arguing that the company has provided no evidence of an arbitration agreement that precluded his claims in lower courts.

  • April 28, 2025

    Justices Open To New Combat Compensation Filing Window

    A group of U.S. Supreme Court justices seemed open to letting late-filing veterans get retroactive combat-related special compensation, with some justices saying that the statute might be explicit enough to not fall under the Barring Act's statute of limitations.

  • April 28, 2025

    High Court Takes On Removal Issue In Hain Baby Food Case

    The U.S. Supreme Court will decide whether the erroneous dismissal of a defendant upon a case's removal to federal court warrants undoing the years-later final result, agreeing Monday to hear Whole Foods and Hain Celestial Group's bid to preserve a midtrial win over allegedly tainted baby food. 

  • April 28, 2025

    Judge 'Commandeered' VOA, DC Circ. Told

    The Trump administration is urging the D.C. Circuit to narrow an injunction preserving the agency that oversees Voice of America while the administration appeals a ruling that halted the broadcasting service's dismantling, saying a trial court judge ruled too broadly by reinstating grant agreements and employees.

  • April 28, 2025

    Whitmer's Top Court Pick Helps Secure Her Judicial Legacy

    Michigan Gov. Gretchen Whitmer made her second appointment to the state's highest court last week, and experts say the Democrat's latest pick locks in a liberal supermajority that is likely to be sympathetic to criminal defendants' rights.

  • April 28, 2025

    9th Circ. Nixes COVID-19 App Suit Appeal Against Apple

    The Ninth Circuit has once again shut the door on a doctor's suit accusing Apple of illegally refusing to distribute his COVID-19 tracking app through its app store, affirming a lower court ruling from October 2024 that denied his motion to reopen.

  • April 28, 2025

    Green Group Says Shell Case Discovery Fees Are Too Costly

    A Philadelphia-based environmental group suing Shell over pollution from a Western Pennsylvania chemical plant balked at a federal court's order that it pay 15% of the cost to resolve a discovery dispute, arguing it could be left with a potentially devastating tab.

  • April 28, 2025

    Judge Weighs Impact Of Top Court Ruling On DOE Grant Cap

    A federal judge hearing a challenge to a Department of Energy grant cap on Monday expressed concerns about the case's potential overlap with a U.S. Supreme Court ruling that cast doubt on a bid to revive federal teacher training grants.

  • April 28, 2025

    8th Circ. Told Insurer Must Keep Defending Fatal Crash Suit

    A logistics company facing wrongful death claims told the Eighth Circuit its insurer must pay to defend it because it was insured under a trucking company's policy and there was no agreement that a $1 million payment by the insurer absolved the insurer of its duties.

  • April 28, 2025

    5th Circ. Grants DOL 30-Day Stay In States' ESG Rule Appeal

    The Fifth Circuit on Monday granted the U.S. Department of Labor's request to stay an appeal from Republican-led states in a suit challenging the agency's rule that allows retirement fiduciaries to consider issues like climate change and social justice when choosing investments, but limited the pause to 30 days.

  • April 28, 2025

    'Shake & Bake': 4th Circ. Cites Ricky Bobby In NASCAR Ruling

    The Fourth Circuit on Monday called back to the satirical cult classic "Talladega Nights: The Ballad of Ricky Bobby" in finding the former owners of a NASCAR team must cover the cost of a settlement involving a bank lien on their charter after they sold it to new owners.

  • April 28, 2025

    2nd Circ. Upholds Clinic Manager's Repeat Charges For Fraud

    A decision that allowed the federal government to reindict a health clinic manager for a Medicare and tax fraud scheme can stand, a Second Circuit panel found Monday, agreeing with the lower court that his offenses were serious enough to permit it.

  • April 28, 2025

    Ex-Womble Bond Atty Alleges Race And Gender Bias

    A former corporate and securities partner for Womble Bond Dickinson's Houston office has sued the firm in Texas state court alleging she faced discrimination due to her identity as a Hispanic woman and that, after she reported issues to human resources, she was retaliated against and eventually felt forced to resign.

  • April 28, 2025

    5th Circ. Keeps Nissan's Win In Technician's Shock Injury Suit

    The Fifth Circuit has affirmed a summary judgment favoring Nissan in an electrical technician's personal injury lawsuit over a serious electric shock he sustained while working at a Nissan plant in Mississippi, finding there is no dispute that the technician's employer was an independent contractor for the automaker and knew about the risk of the injury.

  • April 28, 2025

    Texas Law Firm Beats Sanctions Ruling In Barratry Suit

    A Lone Star State appellate court has tossed a $240,000 sanctions order for a Houston personal injury firm accused of leveling unfounded barratry claims against a client's former firm, finding that the trial court's order was issued after its jurisdiction had expired.

  • April 28, 2025

    Pardoned NJ Atty Gets $431K Ruling Overturned In Loan Case

    A suspended New Jersey attorney and current chair of the Ocean County Republican Organization — who was pardoned by President Donald Trump in 2021 for a conviction on failure to pay payroll taxes — secured a state appellate ruling Monday that reversed a $431,000 judgment against him over an allegedly unpaid loan.

  • April 28, 2025

    10th Circ. Says EPA Overlooked Colo. Air Pollution Concerns

    The Tenth Circuit on Monday said the U.S. Environmental Protection Agency inappropriately approved changes to Colorado's air pollution standards that a green group claimed allow regulators to disregard emissions during drilling, fracking and well completion processes.

  • April 28, 2025

    2nd Circ. Backs Guilty Verdict In NYC Murder-For-Hire Case

    The Second Circuit on Monday affirmed the convictions and life sentences of a New York City developer and another man for plotting the murder of a former employee who they claimed had poached workers and clients to launch his own real estate business.

  • April 28, 2025

    High Court Skips Review Of Investors' Eminent Domain Case

    The U.S. Supreme Court refused Monday to review a case from a pair of real estate investors who sought more compensation from a New York transportation authority that used eminent domain to take their renovated residential property.

  • April 28, 2025

    Union Tells 3rd Circ. Healthcare Fight Belongs In Arbitration

    A Pennsylvania federal judge properly concluded that a healthcare dispute between a power plant operator and an International Brotherhood of Electrical Workers local was arbitrable, the union said, asking the Third Circuit to uphold the judge's decision to send the fight to arbitration.

  • April 28, 2025

    Justices Seek US Stance In $120M Iraq Immunity Suit

    The U.S. Supreme Court on Monday asked the federal government to weigh in on a Pennsylvania defense contractor's petition seeking clarity on parts of the Foreign Sovereign Immunities Act's commercial activity exception, as the contractor looks to enforce a $120 million judgment against Iraq.

  • April 28, 2025

    High Court Passes On Coke Sweetener Patent Case

    The U.S. Supreme Court on Monday rejected a Texas chemical company's challenge to a Federal Circuit decision scratching claims in a patent on the process to create the artificial sweetener used in Coke Zero, in a case that addressed whether the secret usage of that process could preclude its patent eligibility. 

  • April 28, 2025

    High Court Declines Review Of 'Server Test' In Copyright Suit

    The U.S. Supreme Court on Monday rejected a challenge to the Ninth Circuit's criteria for determining copyright liability when photos are embedded online, denying a photographer's appeal in a case where he is suing Canadian media company Valnet Inc.

Expert Analysis

  • 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.

  • 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.

  • 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.

  • 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.

  • 2024 Has Been A Momentous Year For ESG

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    Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.

  • Making The Pitch To Grow Your Company's Legal Team

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    In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

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