Appellate

  • June 25, 2025

    3rd Circ. Upholds $3.2M Atty Fee In Wawa Breach Suit

    The Third Circuit on Wednesday upheld a $3.2 million fee award for Berger Montague and Fine Kaplan & Black in the settlement for consumers affected by a 2019 Wawa data breach, ruling Wednesday that the district court judge correctly found no improper "side deals" or collusion at class members' expense.

  • June 25, 2025

    3rd Circ. Pick Emil Bove Says He's 'Not Anybody's Henchman'

    Emil Bove, nominee for the Third Circuit, who previously served as President Donald Trump's criminal attorney and was a top acting official at the U.S. Department of Justice earlier this year, and where he took various controversial actions, made his case on Wednesday for judicial confirmation.

  • June 25, 2025

    Atty's Ex-Wife Tells NC Justices She's Owed Half Firm's Worth

    The ex-wife of an intellectual property lawyer in North Carolina has asked the state's highest court to affirm an order awarding her half the value of his law firm in their divorce, arguing the practice's goodwill is marital property subject to equal distribution.

  • June 25, 2025

    4th Circ. Nixes $1M Award In Underinsured Motorist Dispute

    A man injured in a car crash cannot recover underinsured motorist, or UIM, coverage under his employer's commercial auto policy, the Fourth Circuit ruled, vacating his $1 million award based on guidance from West Virginia's top court that insurers aren't required to offer such coverage for all vehicles they insure.

  • June 25, 2025

    9th Circ. Says Mexican Man Can't Vacate Firearm Conviction

    A split Ninth Circuit panel has refused to vacate a Mexican national's conviction for possession of a firearm while present in the U.S. without authorization, saying there's no reasonable likelihood that the jury would have reached a different conclusion with different instructions.

  • June 25, 2025

    Einhorn Barbarito Names New Co-Managing Partner

    A co-lead of the appellate and family/matrimonial practices at Einhorn Barbarito Frost Botwinick Nunn & Musmanno PC is now co-managing partner, the New Jersey-based firm announced Tuesday.

  • June 24, 2025

    Colo. Justices Order Fraud Retrial Over Legal Advice Hearsay

    Colorado's highest court granted a new securities fraud trial Monday to a man whose testimony in his own defense about advice of counsel was curtailed by a judge, saying legal advice is unquestionably relevant in mounting a defense around "willfulness."

  • June 24, 2025

    Pa. Court Rules Philly Open-Carry Restriction Unconstitutional

    The Pennsylvania Superior Court struck down Philadelphia's restrictions on the open carry of firearms as unconstitutional, finding citizens in the state's largest city should not be subject to more stringent gun laws than those in other parts of the state.

  • June 24, 2025

    2nd Circ. Tells Feds To 'Facilitate' Another Deportee's Return

    The Trump administration must "facilitate the return" to the U.S. of a man deported to El Salvador in violation of an order blocking his removal, the Second Circuit ruled Tuesday, citing a U.S. Supreme Court decision backing the return of a Maryland man improperly deported to a Salvadoran prison.

  • June 24, 2025

    9th Circ. Urged To Revive Players' NHL, CHL Antitrust Suit

    Hockey players' unions and individual players have appealed to the Ninth Circuit after a Washington federal judge dismissed their antitrust lawsuit accusing the National Hockey League and the Canadian Hockey League of conspiring to suppress wages for junior league players.

  • June 24, 2025

    Swiss Shipping Co. Can't Dodge Default In Cargo Dispute

    A D.C. Circuit panel on Tuesday upheld the Federal Maritime Commission's default judgment against MSC Mediterranean Shipping Co. SA stemming from a pandemic-era cargo space dispute with a Pennsylvania-based shipper.

  • June 24, 2025

    Ga. Justices Say Man Properly Served Atlanta In Crash Suit

    The Georgia Supreme Court on Tuesday reversed a ruling from the state's intermediate appellate court in a case over whether a notice of claim against the city of Atlanta was properly served according to state law, finding that it was.

  • June 24, 2025

    Landmark Product Safety Conviction Faces 9th Circ. Appeal

    A former Gree USA executive has appealed his conviction and 38-month prison sentence in the first-ever criminal prosecution of individuals under the Consumer Product Safety Act, according to a Tuesday filing in California federal court.

  • June 24, 2025

    Ga. High Court Nixes $1M Nominal Damages In Walmart Case

    The Supreme Court of Georgia has vacated a $1 million award of nominal damages to a woman who was injured at a Walmart store, ruling that the verdict violated the intent of nominal damages to represent a "trivial sum" for plaintiffs.

  • June 24, 2025

    Fed. Circ. Won't Revisit Ruling On Late Textron Pension Claim

    The Federal Circuit has denied Textron Aviation Defense LLC's request to reconsider a decision that affirmed the dismissal of its pension claims against the federal government as time-barred under the Contract Disputes Act's six-year statute of limitations.

  • June 24, 2025

    5th Circ. Says EPA Ignored Cos. To Push Efficiency Testing Rule

    The Fifth Circuit has thrown out part of a U.S. Environmental Protection Agency rule for determining measures for fuel efficiency, finding Tuesday that the agency used a faulty methodology to justify tightening standards and outright ignored comments when creating the rule.

  • June 24, 2025

    4th Circ. Tosses Trans Man's Appeal Over Canceled Surgery

    The Fourth Circuit declined to revive a transgender man's constitutional claims against a religious hospital run by the University of Maryland Medical System over a canceled hysterectomy for gender dysphoria, concluding Tuesday that it couldn't grant further relief, and refused to consider a "late-breaking" argument for emotional distress damages.

  • June 24, 2025

    Motorola Fights Fintiv Memo Withdrawal At Fed. Circ.

    Motorola is urging the Federal Circuit to reverse the decision of the U.S. Patent and Trademark Office's acting leader to not have the Patent Trial and Appeal Board review the company's challenges to a series of Stellar Inc. patents on glasses equipped with cameras.

  • June 24, 2025

    8th Circ. Rolls Back Block On Arkansas Hemp Law

    An Eighth Circuit panel on Tuesday overturned a lower district judge's decision blocking enforcement of a new Arkansas policy restricting hemp-derived intoxicating products, delivering a blow to the hemp industry's campaign to challenge state-led efforts to rein in its wares.

  • June 24, 2025

    NY Denies School District's Bid To Delay Mascot Ban

    The New York State Education Department denied a deadline extension request by a Long Island school district to comply with the state's ban on the use of Indigenous mascots, telling the district's superintendent that the district has shown no good cause toward the law's compliance.

  • June 24, 2025

    Medical Pot Backers Urge Neb. High Court To Scrap Challenge

    The campaign behind a successful effort to decriminalize and regulate medical marijuana in Nebraska is urging the state's highest court not to revive a legal challenge backed by state officials seeking to void the voter-approved legalization policies.

  • June 24, 2025

    Medline Can't Get $2.4M Tax Incentive, Wash. Panel Affirms

    Medline did not qualify for a $2.4 million remittance of sales tax paid toward the construction of a state warehouse, a Washington state appeals panel affirmed Tuesday, saying the medical supplier failed to show that it merited a key tax incentive.

  • June 24, 2025

    Calif. AG Asks 9th Circ. To Undo Limits On Pay-For-Delay Ban

    California enforcers on Monday asked the Ninth Circuit to overturn a district court's decision that a state law restricting "reverse payment" settlements between brand-name and generic-drug makers cannot be used to regulate deals that were struck outside the Golden State.

  • June 24, 2025

    2nd Circ. Says Salvadoran Man Derived Citizenship Via Mom

    A divided Second Circuit panel vacated a more than decade-old removal order for a Salvadoran man convicted of robbery and burglary, saying he derived U.S. citizenship when his mother was naturalized 40 years ago.

  • June 24, 2025

    1st Circ. Undoes Inflated Biz Interruption Award For Drink Co.

    A Puerto Rico federal court wrongly maintained an award against an insurer that exceeded a beverage manufacturer's actual business income and extra expenses losses and was not supported by evidence at trial, the First Circuit held, reducing the total award from $1 million to approximately $686,000.

Expert Analysis

  • Justices' Sentencing Ruling Is More Of A Ripple Than A Wave

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    The U.S. Supreme Court’s decision last week in Esteras v. U.S., limiting the factors that lower courts may consider in imposing prison sentences for supervised release violations, is symbolically important, but its real-world impact will likely be muted for several reasons, say attorneys at Perkins Coie.

  • DOJ Atty Firing Highlights Tension Between 2 Ethical Duties

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    The U.S. Department of Justice's recent firing of a prosecutor-turned-whistleblower involved in the Abrego Garcia v. Noem case illustrates the tricky balancing act between zealous client advocacy and a lawyer’s duty of candor to the court, which many clients fail to appreciate, says David Atkins at Yale Law School.

  • Series

    Law School's Missed Lessons: Rejecting Biz Dev Myths

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    Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.

  • Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs

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    In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.

  • Shareholder Takeaways From NY Internal Affairs Doctrine Suit

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    A May New York Court of Appeals decision in Ezrasons v. Rudd involving Barclays — affirming the state's "firmly entrenched" internal affairs doctrine — is a win for all corporate stakeholders seeking stability in resolving disputes between shareholders and directors and officers, say attorneys at Sadis & Goldberg.

  • Move Beyond Surface-Level Edits To Master Legal Writing

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    Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.

  • 3 Rulings May Reveal Next Frontier Of Gov't Contract Cases

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    Several U.S. Supreme Court decisions over the past year — involving wire fraud, gratuities and obstruction — offer wide-ranging and arguably conflicting takeaways for government contractors that are especially relevant given the Trump administration’s focus on diversity, equity and inclusion initiatives, say attorneys at Rogers Joseph.

  • NCAA Settlement Kicks Off New Era For Student-Athlete NIL

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    A landmark settlement stemming from 15 years of litigation between schools and the NCAA reflects a major development in college athletics by securing compensation for usage of student-athletes' names, images and likenesses, and schools hoping to take advantage of new opportunities should take proactive steps to comply with new rules, say attorneys at Manatt.

  • 7th Circ. Insurance Ruling Resolves Major Jurisdictional Issue

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    The Seventh Circuit recently confirmed in StarStone Insurance v. Chicago that attorney fees and costs paid as part of a settlement are covered — while unexpectedly raising and answering a question of first impression about federal jurisdiction over foreign entities, says Lara Langeneckert at Barnes & Thornburg.

  • DOJ May Rethink Banning Firearms For Marijuana Users

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    In light of various federal circuit court decisions and an executive order from President Donald Trump, U.S. Department of Justice enforcement policy now may be on the verge of changing decidedly in favor of marijuana users' gun rights, and could foreshadow additional marijuana-friendly reforms, says Jacob Raver at Dentons.

  • EDNY Ruling May Limit Some FARA Conspiracy Charges

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    Though the Eastern District of New York’s recent U.S. v. Sun decision upheld Foreign Agents Registration Act charges against a former aide to New York Gov. Kathy Hochul, its recognition of an affirmative legislative policy to exempt some officials may help defendants charged with related conspiracies, say attorneys at ArentFox Schiff.

  • 9th Circ. Has Muddied Waters Of Article III Pleading Standard

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    District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.

  • Fla. Workers' Comp Ruling Ups Bar For Emotional Injury Suits

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    A Florida appellate court’s recent opinion in Steak 'N Shake v. Spears requires that employees solely claiming emotional distress seek workers’ compensation before suing their employers, closing a potential loophole and reducing the potential proliferation of such disputes in Florida courts, says Rob Rogers at Kirwin Norris.

  • Contract Disputes Recap: Spearin, Overpayments, Jurisdiction

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    Edward Arnold at Seyfarth examines three recent decisions addressing the limits of the Spearin doctrine in design-build contracts, the government's ability to recoup overpayments after a termination for convenience, and the Contract Disputes Act's strict and nonwaivable jurisdictional rules.

  • What Calif. Appeals Split Means For Litigating PAGA Claims

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    After two recent California state appeals court rulings diverged on whether a former employee with untimely individual claims under the Private Attorneys General Act can maintain a representative action, practitioners' strategic agility will be key to managing risk and achieving favorable outcomes in PAGA litigation, say attorneys at Buchalter.

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