Appellate

  • September 05, 2025

    DC Circ. Revives Emergency Defense Rule For Air Polluters

    The D.C. Circuit on Friday restored air pollution-emitting facilities' right to defend themselves against alleged violations of the Clean Air Act by blaming emergency circumstances, finding that the U.S. Environmental Protection Agency's attempt to ban the practice was unlawful.

  • September 04, 2025

    Feds Seek Stay On Court Order Releasing Foreign Aid Billions

    The Trump administration urged the D.C. Circuit on Thursday to stay a federal judge's order that it release billions in frozen foreign aid pending its appeal, saying the disbursement will likely be "impossible" to recover according to the international aid organization plaintiffs' "own description of their financial condition."

  • September 04, 2025

    11th Circ. Says 'Alligator Alcatraz' Can Stay Open For Now

    A split Eleventh Circuit Thursday paused a Florida federal judge's order that preliminarily ordered the federal government to begin winding down the immigration detention center dubbed "Alligator Alcatraz," saying the government likely didn't need to prepare an environmental impact report for the facility built on the Florida Everglades.

  • September 04, 2025

    7th Circ. Mulls Ex-Cushman & Wakefield GC's Defamation Row

    A Seventh Circuit panel on Thursday asked an attorney for Cushman & Wakefield's former general counsel, who has alleged a Law.com article about his departure was defamatory, if there was any reasonable interpretation of the story other than his claim that it linked his termination with his handling of the firm's involvement in an investigation into President Donald Trump.

  • September 04, 2025

    Split 3rd Circ. Rejects Janssen, Bristol Myers Pricing Appeal

    A split Third Circuit panel Thursday shot down another challenge to the Medicare drug pricing negotiation, this time rejecting a consolidated appeal from Bristol Myers Squibb and Janssen and upholding a lower court's finding that the program is indeed voluntary and therefore constitutional.

  • September 04, 2025

    NJ Transit Urges Justices To Affirm Its Sovereign Immunity

    New Jersey Transit is a sovereign arm of the state of New Jersey and should be immune from out-of-state lawsuits according to U.S. Supreme Court precedent, attorneys for the agency told the justices in a brief filed Thursday.

  • September 04, 2025

    5th Circ. Ponders If Lack Of Vote Can Beget Takings Claim

    A Fifth Circuit judge pushed counsel for real estate ownership entities to explain how a Texas city council declining to grant a time extension could give rise to a claim that the state interfered with private rights, saying Thursday the city council seemingly just did nothing.

  • September 04, 2025

    9th Circ. Affirms Dismissal Of Google-Apple Antitrust Suit

    The Ninth Circuit on Thursday affirmed a lower court's decision dismissing a lawsuit alleging an antitrust conspiracy between Apple and Google over search engine technology, agreeing with the lower court that a restaurant meeting between the companies' CEOs is not sufficient evidence to back up the claims. 

  • September 04, 2025

    Doc Tells 1st Circ. Acquitted Conduct Marred Drug Sentence

    A Massachusetts psychiatrist convicted over an alleged scheme to import and dispense nonapproved forms of addiction medication on Thursday told the First Circuit the trial judge wrongly ran afoul of limitations on the consideration of acquitted conduct in federal sentencings when handing him a three-year prison term.

  • September 04, 2025

    10th Circ. Ends Huffing Death Product Liability Suit

    The Tenth Circuit refused to revive a Kansas man's proposed class action seeking damages against the makers of canned compressed air after his adult son fatally inhaled their product, saying the manufacturers can't be held liable because intentionally huffing the toxic gases in the product is against state law.

  • September 04, 2025

    Calif. High Court Nixes Death Sentence Over Gang Law Shift

    The California Supreme Court on Thursday reversed the convictions of a prisoner on Death Row, saying developments in legislation and case law defining gang involvement have invalidated his death sentence.

  • September 04, 2025

    Door Maker Asks 4th Circ. To Kill Landmark Divestiture Order

    Door maker Jeld-Wen is accusing a rival who convinced a court to order a landmark divestiture as part of its antitrust case of moving the goalposts now that it's out of hot water, telling a Fourth Circuit that the forced sale is no longer necessary.

  • September 04, 2025

    Ill. Court Says Employer Immunity Bars Shovel Attack Suit

    An Illinois appellate court has upheld the dismissal of a suit seeking to hold an employer liable for injuries suffered by a worker whose coworker repeatedly hit him on the head with a shovel, saying the claims are barred by the state's workers' compensation statute.

  • September 04, 2025

    Feds Stand By $10M Medicare Fraud Conviction At 4th Circ.

    The Fourth Circuit should uphold the six-year sentence of a physician assistant who was found guilty of Medicare fraud after prosecutors said he rubber-stamped bogus prescriptions for genetic testing worth about $10 million, the government told the court.

  • September 04, 2025

    Chevron, Exxon Kick Off High Court La. Pollution Case

    Chevron and Exxon Mobil Corp. on Thursday asked the U.S. Supreme Court to overturn the Fifth Circuit's ruling that Louisiana state court, not federal court, is the proper venue for claims that their World War II-era oil production activities violated state law.

  • September 04, 2025

    Yale Hospital's Info Request Upheld In $435M Property Suit

    Three third-party hospital real estate holding companies and their corporate parent cannot challenge a decision requiring them to give records to Yale New Haven Health Services Corp. for its $435 million asset sale dispute with bankrupt Prospect Medical Holdings Inc., a Connecticut appeals court has ruled.

  • September 04, 2025

    Conn. Justices Don't Create Notice Duty For Insurance Agents

    An insurance agency had no duty to tell a Connecticut couple that their homeowners' policy was at risk of nonrenewal before an accidental fire destroyed their house, the Connecticut Supreme Court ruled Thursday, affirming that it is a carrier's job to try to notify policyholders when continuation of coverage is on the line.

  • September 04, 2025

    Ga. Panel Weighs Tolling Issue In Archdiocese Abuse Cases

    An attorney urged the Georgia Court of Appeals on Thursday to overturn a trial court order freeing the Archdiocese of Atlanta, the city's current and former archbishops and a number of parish churches from a set of consolidated cases related to sexual abuse that allegedly took place from the 1960s through the 1980s.

  • September 04, 2025

    Texas Prosecutor's Race Remarks Endanger Murder Sentence

    A Texas prosecutor "went too far" by telling jurors in a punishment trial that the defendant murdered his victim because he was prejudiced against Hispanic people, the state's highest criminal court has ruled, ordering a lower court to assess whether that comment could have led to a harsher sentence.

  • September 04, 2025

    4th Circ. Affirms Gardasil's Vaccine Table Inclusion

    A unanimous Fourth Circuit panel affirmed Thursday that adding the human papillomavirus vaccine Gardasil to the Vaccine Act's injury table did not violate the U.S. Constitution, rejecting three plaintiffs' arguments that the Secretary of Health and Human Services lacks the authority to make additions to the table without an act of Congress.

  • September 04, 2025

    Generic Drug Org Backs MSN In High Court Entresto Appeal

    The Association for Accessible Medicines has thrown its weight behind MSN Pharmaceuticals in the company's U.S. Supreme Court challenge to a Federal Circuit decision blocking its generic version of Novartis' blockbuster cardiovascular drug Entresto, saying Wednesday that the appeals court took the wrong approach to patent validity.

  • September 04, 2025

    Court Revives Hertz's Claims Against AAA Over Untowed Car

    A Florida appeals court on Wednesday revived Hertz's third-party claims against the American Automobile Association over a rental car left untowed on a Miami causeway, ruling that a previous decision barring an injured driver's negligence suit does not eclipse Hertz's contract claims.

  • September 04, 2025

    Enbridge Asks High Court To Reverse Pipeline Remand Ruling

    Enbridge Energy has pushed the U.S. Supreme Court to reverse a Sixth Circuit decision saying the company missed a deadline to transfer to federal court a suit by Michigan's attorney general seeking to block a pipeline, arguing the attorney general failed to show the removal process was untimely.

  • September 04, 2025

    Justices Asked To Block FTC Commissioner Reinstatement

    The Trump administration asked the U.S. Supreme Court on Thursday to block the reinstatement of Democratic Federal Trade Commissioner Rebecca Slaughter while it appeals a ruling that found her firing was illegal, and also asked the high court to take up the case.

  • September 04, 2025

    Ga. Officer Beats Tornado Failure To Warn Claims, Panel Says

    A Georgia sheriff's office lieutenant can't be held liable for a family's death and injuries in a tornado after she failed to activate the county's warning siren system, a state appellate court said Thursday, ruling that her duties extended only to the public in a general sense rather than to individuals.

Expert Analysis

  • Parenting Skills That Can Help Lawyers Thrive Professionally

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    As kids head back to school, the time is ripe for lawyers who are parents to consider how they can incorporate their parenting skills to build a deep, meaningful and sustainable legal practice, say attorneys at Alston & Bird.

  • Enablement Standard Insights From Fed. Circ. Agilent Ruling

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    The Federal Circuit's recent enablement standard decision in Agilent v. Synthego underscores three critical takeaways for patent practitioners, including reaffirmation that the enablement inquiry under Section 102 of the Patent Act is distinct from the inquiry under Section 112, say attorneys at MoFo.

  • Class Actions At The Circuit Courts: September Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses seven decisions pertaining to attorney fees in class action settlements, the predominance requirement in automobile insurance cases, how the no mootness exception applies if the named plaintiff is potentially subject to a strong individual defense, and more.

  • Series

    Teaching Trial Advocacy Makes Us Better Lawyers

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    Teaching trial advocacy skills to other lawyers makes us better litigators because it makes us question our default methods, connect to young attorneys with new perspectives and focus on the needs of the real people at the heart of every trial, say Reuben Guttman, Veronica Finkelstein and Joleen Youngers.

  • The Crucial Question Left Unanswered In EpicentRx Decision

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    The California Supreme Court recently issued its long-awaited decision in EpicentRx Inc. v. Superior Court, resolving a dispute regarding the enforceability of forum selection clauses, but the question remains whether private companies can trust that courts will continue to consistently enforce forum selection clauses in corporate charters, says John Yow at Yow PC.

  • 5 Key Steps To Prepare For Oral Arguments

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    Whether presenting oral arguments before the U.S. Supreme Court or a local county judge, effective preparation includes the same essential ingredients, from organizing arguments in blocks to maximizing the potential of mock exercises, says Allison Rocker at Baker McKenzie.

  • Maryland High Court Ruling Clarifies Claim Assignment

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    In its recent opinion in Featherfall Restoration, the Maryland Supreme Court reemphasized a policyholder's ability to assign a claim despite the presence of general liability policy language requiring an insurer's written consent, nevertheless highlighting the importance of specific wording, say attorneys at Bradley Arant.

  • Why EpicentRx Ruling Is A Major Win For Business Certainty

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    The California Supreme Court's recent decision in EpicentRx v. Superior Court removes a significant source of uncertainty that plagued commercial litigation in California by clarifying that forum selection clauses shouldn't be invalidated solely because the selected forum lacks the right to a jury trial, say attorneys at Clark Hill.

  • 9th Circ. Finding That NFTs Are Goods Will Change TM Law

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    The Ninth Circuit's recent ruling in Yuga Labs v. Ripps establishes that NFTs have real, commercial value under U.S. federal trademark law, a new legal precedent that may significantly influence intellectual property enforcement and marketplace policies regarding digital assets going forward, say attorneys at Wilson Elser.

  • Series

    Adapting To Private Practice: From Texas AUSA To BigLaw

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    As I learned when I transitioned from an assistant U.S. attorney to a BigLaw partner, the move from government to private practice is not without its hurdles, but it offers immense potential for growth and the opportunity to use highly transferable skills developed in public service, says Jeffery Vaden at Bracewell.

  • Union Interference Lessons From 5th Circ. Apple Ruling

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    The Fifth Circuit's recent holding that Apple did not violate the National Labor Relations Act during a store's union organizing drive provides guidance on what constitutes coercive interrogation and clarifies how consistently enforced workplace policies may be applied to union literature, say attorneys at Proskauer.

  • 3 Rulings Show Hurdles To Proving Market Manipulation Fraud

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    Three recent conviction reversals from New York federal courts highlight the challenges that prosecutors face in establishing fraud and market manipulation allegations, suggesting that courts are increasingly reluctant to find criminal liability when novel theories are advanced, say attorneys at WilmerHale.

  • Drafting M&A Docs After Delaware Corp. Law Amendments

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    Attorneys at Greenberg Traurig discuss how the March and June amendments to the Delaware General Corporation Law affect the drafting of corporate and M&A documents, including board resolutions, governing documents, and books and records demands.

  • Advice For 1st-Gen Lawyers Entering The Legal Profession

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    Nikki Hurtado at The Ferraro Law Firm tells her story of being a first-generation lawyer and how others who begin their professional journeys without the benefit of playbooks handed down by relatives can turn this disadvantage into their greatest strength.

  • High Court E-Cig Ruling Opens Door For FDA Challenges

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    There will likely be more challenges to marketing denial orders brought before the Fifth Circuit following the Supreme Court's recent ruling in U.S. Food and Drug Administration v. R.J. Reynolds Vapor Co., where litigants have generally had greater success, say attorneys at Troutman Pepper.

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