Appellate

  • October 29, 2025

    Union Pacific Gets OK To Challenge BIPA Exemption Denial

    An Illinois federal judge gave Union Pacific the green light on Tuesday to ask the Seventh Circuit to determine mid-case whether he correctly held the Biometric Information Privacy Act's government contractor exemption applies only when a violation occurs within the scope of a government contract.

  • October 29, 2025

    Ga. Panel Partially Revives Solar Farm Property Dispute

    The Georgia Court of Appeals found a trial court should have let a jury decide whether two solar companies were obligated to pay $150,000 per year in fixed fees to the owners of 295 acres of property in Mitchell County that they planned to develop for solar energy production.

  • October 29, 2025

    Del. Justices Mull Call To Revive Amazon-Blue Origin Suit

    An Amazon.com stockholder attorney told Delaware's justices on Wednesday that the company's board "failed to do a thing" as founder Jeff Bezos convinced directors to pump billions into the Blue Origin space launch business with purportedly scant oversight, looking to salvage a Court of Chancery derivative suit dismissed in January.

  • October 29, 2025

    Where PTAB Institution Reviews Stand As Squires Takes Lead

    U.S. Patent and Trademark Office Director John Squires will be maintaining the agency leader's new role of gatekeeper at the Patent Trial and Appeal Board. Here's what to know about his plans and the pushback on them.

  • October 29, 2025

    2nd Circ. Says Visa Denials Are Shielded From Court Review

    The Second Circuit on Wednesday refused to revive claims from two U.S. citizens over the State Department's denial of visas for their relatives in China, holding that a New York federal judge correctly held that the visa denials are insulated from judicial review.

  • October 29, 2025

    Fla. Panel Orders New Trial For Man Denied Public Defender

    A Florida state appeals court on Wednesday ordered a new trial for a man who was made to represent himself in court after a trial judge refused to hold a hearing to determine whether he met the income threshold to qualify for a public defender.

  • October 29, 2025

    9th Circ. Upholds Insurer's Win Over Retaining Wall Failure

    The Ninth Circuit upheld a Washington federal court's no-coverage decision over a contractor's $2.66 million settlement relating to faulty retaining walls it constructed, agreeing Wednesday that a "sudden and accidental" exception in an "impaired property" exclusion did not apply to reinstate coverage for one wall that had failed.

  • October 29, 2025

    Wash. Judges Probe Starbucks Shareholders' Labor Claims

    Washington state appellate judges on Wednesday pushed shareholders suing Starbucks Corp. leaders to identify exactly where in their lawsuit they claimed the coffee retailer intentionally turned a blind eye to alleged union-busting efforts by store managers.

  • October 29, 2025

    Chicago Metra Says Union Pacific's $2.3M Fees Claim Is Invalid

    Chicago's commuter rail system Metra has asked an Illinois federal judge to toss Union Pacific's lawsuit alleging Metra owes more than $2.3 million for the use of three Union Pacific-owned lines amid an ongoing contract dispute, saying a federal rail regulator still needs to determine any owed compensation.

  • October 29, 2025

    Hertz Urges Del. Justices To Reverse $170M Insurance Ruling

    Hertz Corp. urged the Delaware Supreme Court Wednesday to overturn a lower court's ruling that freed the car rental giant's insurers from covering $170 million in false-arrest settlements, arguing the settlements all stemmed from a faulty theft-reporting system and trigger just one self-insured retention.

  • October 29, 2025

    NC Justices Block Du Pont PFAS Suit On Eve Of Hearing

    The Republican majority of North Carolina's highest court on Wednesday issued a stay pausing the state's suit against E.I. Du Pont de Nemours and Co., The Chemours Co. and others over alleged forever chemical contamination the day before the Business Court was set to hold a hearing on summary judgment in the case.

  • October 29, 2025

    Pa. Barred From Enforcing Medical Dispensary Staffing Rule

    A Pennsylvania appellate judge has decided to keep the state from enforcing a rule that says each medical marijuana dispensary must have its own pharmacist, doctor or nurse practitioner available for consultations, until the full Commonwealth Court can hear a challenge claiming the rule oversteps the state's medical marijuana law.

  • October 29, 2025

    Ga. Panel Backs Sanctions For 'Delaying Tactic' In Pot Dispute

    The Georgia Court of Appeals on Wednesday backed sanctions rulings against two companies that filed litigation after they were denied cannabis licenses by Georgia, only to draw out the proceedings for years before dropping their claims at "quite literally the last minute."

  • October 29, 2025

    Google, Epic Can't Delay Play Store Injunction Any Longer

    A California federal judge has refused to push back Wednesday's deadline for Google to begin complying with a three-year injunction requiring it to open up its Play Store to competition, denying the Google and Epic Games' joint rescheduling request following the U.S. Supreme Court's recent denial of Google's bid to stay the injunction.

  • October 29, 2025

    7th Circ. Halts Daily Court Appearances For CBP Official

    The Seventh Circuit on Wednesday paused an Illinois federal judge's order requiring a top Border Patrol official overseeing the Trump administration's immigration enforcement surge in Chicago to appear before her every weekday ahead of a Nov. 5 preliminary injunction hearing.

  • October 29, 2025

    Hyatt Urges Full Fed. Circ. To Abolish Prosecution Laches

    Prolific inventor Gilbert Hyatt said Tuesday the full Federal Circuit should rethink a panel's rejection of his challenge to a doctrine that can render a patent unenforceable based on delays the owner made during prosecution, arguing "the stakes could not be higher."

  • October 29, 2025

    Ga. Panel Says State Must Return Seized Delta-8 Gummies

    The Georgia Court of Appeals has ruled that the owner of an Atlanta gas station can retrieve possession of packages of delta-8 THC gummy and vape products, affirming a state trial court's finding that the products were not "food" and therefore did not violate Georgia marijuana laws.

  • October 29, 2025

    Medical Records Fair Game In Juvenile Cases, Pa. Court Rules

    A minor who was placed on probation after shooting himself in the hand with a gun he possessed illegally can't keep his medical records concerning the incident out of court because juvenile cases aren't civil matters, the Pennsylvania Superior Court said in a precedential ruling affirming his sentence.

  • October 29, 2025

    Full Fed. Circ. Won't Review VirtaMove Venue Cases

    The Federal Circuit on Wednesday said it won't rethink its refusal to send back to Texas federal court a pair of suits from a software company accusing Google and Amazon of patent infringement.

  • October 29, 2025

    Fla. Challenges 'Special' Calif. Tax Rule At Supreme Court

    Florida on Tuesday took steps to sue California in the U.S. Supreme Court, seeking to strike down a California taxation rule as unconstitutional for allegedly discouraging companies from relocating or operating outside the Golden State.

  • October 29, 2025

    7th Circ. Skeptical Of Bid To Toss Ex-Atty's Bribery Conviction

    Judges on a Seventh Circuit panel appeared doubtful Wednesday of a former attorney's contention that he never bribed ex-Chicago Alderman Ed Burke and was merely seeking to hire him for a legal matter.

  • October 29, 2025

    Split Ga. Appeals Court Upends $13.7M Med Mal Fee Award

    In a split decision, a Georgia appellate court panel on Wednesday tossed a $13.7 million attorney fee award in a medical malpractice case after finding that a trial court improperly considered postjudgment legal work in approving that amount.

  • October 29, 2025

    Tesla Urges Del. Justices To Cut $176M Atty Fee In Options Suit

    Warning of a "shaking of public confidence," a Tesla Inc. attorney on Wednesday asked Delaware's Supreme Court to cut a $176.2 million class attorney fee award to $40 million in a case that saw Delaware's chancellor cancel $730 million in the electric car company's director stock options.

  • October 29, 2025

    9th Circ. Urged To Revive Kratom Extract Action

    A group of consumers urged the Ninth Circuit on Tuesday to reverse the dismissal of their action against companies that marketed an alkaloid derivative of the kratom leaf they allege is as addictive as opioids.

  • October 29, 2025

    Energy Co. Asks 3rd Circ. To Undo Union Arbitration Ruling

    A nuclear power plant operator told a Third Circuit panel Wednesday that a healthcare plan dispute with union workers should not be considered arbitrable because it stemmed from an old agreement that fell outside the collective bargaining agreement's arbitration provision.

Expert Analysis

  • Series

    Judging Figure Skating Makes Me A Better Lawyer

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    Judging figure skating competitions helps me hone the focus, decisiveness and ability to process complex real-time information I need in court, but more importantly, it makes me reengage with a community and my identity outside of law, which, paradoxically, always brings me back to work feeling restored, says Megan Raymond at Groombridge Wu.

  • Female Athletes' NIL Deal Challenge Could Be Game Changer

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    A challenge by eight female athletes to the NCAA’s $2.8 billion name, image and likeness settlement shows that women in sports are still fighting for their share — not just of money, but of respect, resources and representation, says Madilynne Lee at Anderson Kill.

  • 9th Circ. Ruling May Help Pharma Cos. Avert Investor Claims

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    The Ninth Circuit's recent decision affirming the dismissal of a securities fraud class action alleging that Talphera deceived investors by marketing a drug with a misleading slogan should give plaintiffs pause before filing similar complaints where snappy slogans are accompanied by copious clarifying information, say attorneys at Simpson Thacher.

  • What Ethics Rules Say On Atty Discipline For Online Speech

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    Though law firms are free to discipline employees for their online commentary about Charlie Kirk or other social media activity, saying crude or insensitive things on the internet generally doesn’t subject attorneys to professional discipline under the Model Rules of Professional Conduct, says Stacie H. Rosenzweig at Halling & Cayo.

  • What's At Stake In High Court's Ill. Ballot Deadline Case

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    In Bost v. Illinois State Board of Elections, the U.S. Supreme Court will hear arguments next week on whether and when candidates for office have standing to bring prospective challenges to election laws, raising broader issues about the proper timing of federal court election litigation, say Richard Pildes and Samuel Ozer-Staton at NYU School of Law.

  • How Okla. High Court Ruling Will Alter Workers' Comp. Cases

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    The Oklahoma Supreme Court's recent decision in OBI Holding Company v. Schultz-Butzbach confirms that workers' compensation claims should move through the system without needless delay, which means attorneys on both sides will need to adjust how they handle such claims, says Steven Hanna at Gilson Daub.

  • Kimmel 2nd Circ. Victory Holds Novel Copyright Lessons

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    The Second Circuit's recent decision in Santos v. Kimmel, dismissing a copyright infringement claim against Kimmel for airing Cameo videos recorded by former U.S. Rep George Santos, examines the unusual situation of copyrighted works created at the request of the alleged infringer, say attorneys at Venable.

  • 2 Rulings Highlight IRS' Uncertain Civil Fraud Penalty Powers

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    Conflicting decisions from the U.S. Tax Court and the Northern District of Texas that hinge on whether the IRS can administratively assert civil fraud penalties since the U.S. Supreme Court’s 2024 decision in SEC v. Jarkesy provide both opportunities and potential pitfalls for taxpayers, says Michael Landman at Bird Marella.

  • Junior Attys Must Beware Of 5 Common Legal Brief Mistakes

    Excerpt from Practical Guidance
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    Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.

  • Contract Disputes Recap: Details, Instructions, Obligations

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    Recent decisions from the Armed Services Board of Contract Appeals and the Civilian Board of Contract Appeals offer critical insights into contractor reliance on government specifications, how instructions can affect a contractor’s dispute rights and how both factor into the larger claims process, says Sarah Barney at Seyfarth.

  • Lessons As Joint Employer Suits Shift From Rare To Routine

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    Joint employer allegations now appear so frequently that employers should treat them as part of the ordinary risk landscape, and several recent decisions demonstrate how fluid the liability doctrine has become, says Thomas O’Connell at Buchalter.

  • Utilizing 6th Circ.'s Expanded Internal Investigation Protection

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    A recent Sixth Circuit decision in In re: FirstEnergy demonstrates one way that businesses can use a very limited showing to protect internal investigations from discovery in commercial litigation, while those looking to force production will need to employ a carefully calibrated approach, say attorneys at Brownstein Hyatt.

  • 3rd Circ. Clarifies Ch. 11 3rd-Party Liability Scope Post-Purdue

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    A recent Third Circuit decision that tort claims against the purchaser of a debtor's business belong to the debtor's bankruptcy estate reinvigorates the use of Chapter 11 for the resolution of nondebtor liability in mass tort bankruptcies following last year's U.S. Supreme Court ruling in Purdue Pharma, say attorneys at Sullivan & Cromwell.

  • Series

    Power To The Paralegals: How And Why Training Must Evolve

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    Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.

  • Evaluating The Current State Of Trump's Tariff Deals

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    As the Trump administration's ambitious tariff effort rolls into its ninth month, and many deals lack the details necessary to provide trade market certainty, attorneys at Adams & Reese examine where things stand.

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