Appellate

  • June 23, 2025

    Fed. Circ. Revives Helium Refiner's Contract Dispute With Feds

    A Federal Circuit panel on Monday revived a helium refiner's suit alleging the U.S. Bureau of Land Management supplied it with out-of-specification helium gas mixtures, ruling the Court of Federal Claims botched a breach of contract analysis when it dismissed the case.

  • June 23, 2025

    Dems Laud Axing Of Budget Bill's Injunction Bond Provision

    A provision meant to up the ante for plaintiffs filing lawsuits against the federal government by increasing the use of injunction bonds has been ruled ineligible for inclusion in the budget reconciliation package.

  • June 23, 2025

    Crypto Exec Seeks 5th Circ. Redo Over IRS Summonses

    A cryptocurrency executive asked the Fifth Circuit to reconsider his request to quash IRS summonses for his bank records, saying its decision that he was prematurely trying to appeal a lower court's ruling ignored his claims that the agency's documents were incomplete and lacked legal power.

  • June 23, 2025

    Texas Justices Find No Sign Of Negligence In Truck Crash

    The Texas Supreme Court has thrown out a trucker's suit alleging that another trucker's negligence caused a collision after a tire blowout, saying the plaintiff failed to show any evidence that the crash was the result of anything other than an unavoidable accident.

  • June 23, 2025

    9th Circ. Won't Revisit Opinion In Sam Smith Copyright Case

    The full Ninth Circuit will not revisit a three-judge panel's decision to revive a lawsuit over pop stars Sam Smith and Normani's 2019 hit "Dancing With a Stranger."

  • June 23, 2025

    IT Co. Can't Get Justices To Review White Worker's Bias Suit

    The U.S. Supreme Court refused Monday to review a Third Circuit ruling that revived a proposed class action claiming a subsidiary of India-based Tech Mahindra unlawfully favored South Asian workers, despite the company's argument that the appeals court had deepened a circuit split.

  • June 23, 2025

    Justices To Review Liability For Forcing Prisoner's Haircut

    The U.S. Supreme Court will hear a former Louisiana prisoner's case for damages after guards forcibly shaved his head, removing the dreadlocks he maintained as part of his Rastafarian religion.

  • June 23, 2025

    Justices Skip Pa. Med Mal Fund's Bid To Shield $300M Surplus

    The U.S. Supreme Court said Monday it won't decide if Pennsylvania's medical malpractice insurance fund is a government entity for the purpose of determining if the state is authorized to dip into the money pool's $300 million budget surplus. 

  • June 23, 2025

    Justices Nix $23M Venezuela Chemical Co. Suit

    The U.S. Supreme Court on Monday turned away a Venezuelan state-owned petrochemicals company's petition challenging the enforcement of a $23 million debt owed to a Florida chemical wholesaler, a case that sought clarity on which party has the burden of proving whether sovereign immunity applies.

  • June 23, 2025

    High Court Won't Revisit 'Right-To-Control' Fraud Case

    The U.S. Supreme Court on Monday refused to take a second look at the landmark case that disposed of the "right-to-control" theory of fraud, rejecting a petition that argued the Second Circuit had wrongly remanded the action for retrial before resolving the appeal at hand.

  • June 23, 2025

    Justices Won't Hear Kosher Worker's OT Exemption Case

    The U.S. Supreme Court declined Monday to review a ruling that an Orthodox Jewish organization is immune from a worker's overtime claims because he falls under the First Amendment's ministerial exception.

  • June 23, 2025

    Justices Pass On La. Regulators' Tesla Sales Ban

    The U.S. Supreme Court on Monday declined to review a Fifth Circuit decision that revived Tesla's lawsuit accusing Louisiana car dealers and regulators of illegally excluding the direct-sale automaker from the state, following a notification from the parties of their intent to reach a settlement.

  • June 20, 2025

    6th Circ. Upends Flagstar Bank Win In Overdraft Fees Suit

    The Sixth Circuit on Friday undid Flagstar Bank's win against a putative consumer protection class action accusing it of charging customers surprise overdraft fees, saying in an unpublished opinion that a rational factfinder could possibly conclude that the bank breached its terms and conditions.

  • 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.

Expert Analysis

  • Series

    Florida Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of 2025 saw the Trump administration's crypto-forward approach permeate the banking industry, including Florida banking institutions, and a Fourth District Court of Appeal decision provide a new precedent for borrower/lender standing, say attorneys at Kozyak Tropin.

  • Meta Case Brings Customer-Facing Statements Issue To Fore

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    Now that Facebook v. Amalgamated Bank has returned to California federal court after the U.S. Supreme Court in November found it improvidently granted certiorari, it will be worth watching whether customer-facing communications, such as Facebook's privacy policies, are found to be made in connection with the sale of a security, says Samuel Groner at Fried Frank.

  • A Cold War-Era History Lesson On Due Process

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    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

  • Home Depot Ruling Tolls Death Knell For 'Silent Cyber'

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    The Sixth Circuit's recent ruling that Home Depot's insurers did not have to cover costs from a data breach hammered one more nail in the coffin of silent cyber, where coverage is sought under standard property or commercial general liability policies that were not intended to insure cyberattack claims, say attorneys at Zelle.

  • Series

    Improv Makes Me A Better Lawyer

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    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

  • How BigLaw Executive Orders May Affect Smaller Firms

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    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

  • Texas Case Shows Why Juries Are Well-Suited To COVID Suits

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    The original jury verdict in Baylor College of Medicine v. Lloyd's, currently on appeal to the Texas Supreme Court after being overturned by an appellate panel, illustrates why COVID-19 business interruption claims with their case-specific facts need to be decided by juries, not by judges using a one-size-fits-all approach, says Jeremy Lawrence at Farella Braun.

  • Filial Consortium Claims' Future After Conn. High Court Ruling

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    While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.

  • 4th Circ. Health Data Ruling Opens Door To State Law Claims

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    In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • 2 Del. Rulings Reinforce Proof Needed For Records Demands

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    Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • Series

    Birding Makes Me A Better Lawyer

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    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • Justices May Clarify What IP Competitors In Litigation Can Say

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    If the U.S. Supreme Court agrees to weigh in on Atturo Tire v. Toyo Tire, it may be able to provide guidance on the murky questions surrounding what companies enforcing their intellectual property against competitors are allowed to say in public, say attorneys at Ballard Spahr.

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