Appellate

  • February 03, 2025

    Feds Back Out Of Trans Ga. Deputy's 11th Circ. Rehearing

    The U.S. Department of Justice said Friday that it was pulling out of supporting a Georgia transgender sheriff's deputy's bid to have gender-affirming surgery covered by her county government, just days before her case is set to be reheard by the full Eleventh Circuit.

  • February 03, 2025

    Sotomayor Clears Path For Retrial In Landmark Graft Case

    U.S. Supreme Court Justice Sonia Sotomayor lifted a temporary pause Monday on a public corruption case that resulted in a landmark 2023 decision eliminating the right-to-control theory of fraud, clearing the way for a retrial on a traditional theory of property fraud.

  • February 03, 2025

    Trial Court Won't Pause Google Search Case For Apple Appeal

    A D.C. federal court refused on Sunday to pause the remedies phase of the landmark monopolization case targeting Google's search dominance while Apple appeals a decision refusing to allow it to participate.

  • February 03, 2025

    Texas Appeals Court Wipes Exxon's $2.5M Oil Cleanup Verdict

    A Texas appeals court has wiped a more than $2.5 million verdict for ExxonMobil Pipeline Co., finding that successive owners of its pipeline hadn't agreed to assume the cleanup costs of an oil spill.

  • February 03, 2025

    NC Justice Urges 4th Circ. To Keep Vote Battle In Federal Court

    An incumbent North Carolina justice urged the Fourth Circuit on Monday to keep control of her opponent's challenge to November's election results, rejecting the challenger's claim that developments in state court have rendered the federal case moot.

  • February 03, 2025

    COVID Test Row Hinges On Appeal Notice, 2nd Circ. Hints

    A Second Circuit appellate judge suggested Monday that a union benefit plan may not have been acting fully aboveboard when it did not notify a Connecticut medical practice of an appeal process after it denied reimbursements for COVID-19 testing, but he also met the practice's accusations with skepticism.

  • February 03, 2025

    Panel Backs Sanctions For Frivolous Bid In Malpractice Case

    A New Jersey appeals court said Monday that a New York attorney's motion to vacate an almost $450,000 judgment after a jury found him negligent in a divorce action could only be seen as frivolous, affirming the trial court's award of nearly $8,000 in attorney fees as a sanction.

  • February 03, 2025

    2nd Circ. Affirms Lawyer's Asylum Fraud Conviction

    The Second Circuit on Monday affirmed the convictions of an immigration attorney and the former CEO of an immigration services firm for coaching asylum-seekers to lie about facing persecution in their home countries, rejecting the pair's arguments that there was insufficient evidence and that the jury was given improper instructions.

  • February 03, 2025

    Power Cos., States Ask DC Circ. To Dispose Of Coal Ash Rule

    The U.S. Environmental Protection Agency acted arbitrarily and well beyond its authority when it enacted a new rule to strengthen federal regulations for coal ash, a score of electric utility entities and Republican-led states told the D.C. Circuit.

  • February 03, 2025

    Calif. City On The Hook In Contractor Wage Fight, Panel Says

    The city of Long Beach, California, could be required to foot the bill for arbitration awards rendered against an oil company subcontractor in workers' wage lawsuits, a state appellate panel ruled, saying an arbitration decision holds as much weight as any other court order and can trigger liability for indemnity.

  • January 31, 2025

    Pipeline Inspector Asks Justices To Deem Him An Employee

    A former pipeline inspector for energy industry service provider Killick Group has petitioned the U.S. Supreme Court to review a Fifth Circuit decision classifying him as an independent contractor not eligible for overtime, saying Friday the high court should resolve a circuit split on the factors determining employee status.

  • January 31, 2025

    NC Justices Rule Abuse Law Is Legal, Exempts Resolved Suits

    The North Carolina Supreme Court ruled Friday that adults can bring civil actions over sex abuse they suffered as children after determining a state law allowing the revival of such claims is constitutional, but said the statute doesn't apply to similar cases that have already been adjudicated.

  • January 31, 2025

    Pause UScellular Deal During False Claims Case, Attys Say

    Two communications attorneys have urged the Federal Communications Commission to reject the $4.4 billion transfer of UScellular spectrum licenses to T-Mobile, at least until their False Claims Act dispute with the company can be resolved in the D.C. Circuit.

  • January 31, 2025

    En Banc Pa. Court Restores $2.3M Injury Award Against Domino's

    A Pennsylvania appellate court said the Domino's pizza chain can indeed be held liable for a $2.3 million verdict in a suit accusing a franchisee's delivery driver of causing a motorcyclist's severe injuries, saying the company had sufficient control over the franchisee's operations.

  • January 31, 2025

    9th Circ. Affirms Mormon Church's Win In Tithing Fraud Case

    The Ninth Circuit on Friday affirmed the dismissal of a lawsuit against the Church of Jesus Christ of Latter-day Saints from a wealthy and prominent former member who claimed the church fraudulently used members' tithes to fund commercial projects — with one judge arguing the case should have been tossed on church autonomy grounds only.

  • January 31, 2025

    Justices Implored To Consider Tipster Medical Device Row

    A nonprofit formed by Gretchen Carlson, a former Fox News anchor who has advocated against forced arbitration after suing the network's chairman for harassment, has urged the U.S. Supreme Court to consider a whistleblower's challenge to an arbitration award given to a medical device company in a trade secrets dispute.

  • January 31, 2025

    Small Biz Attys Jump Into 4th Circ. Shell Co. Law Challenge

    A business group has urged the Fourth Circuit to stop the U.S. Department of the Treasury from enforcing a law that requires companies to disclose personal identifying information about their beneficial owners and applicants to the agency, saying the law exceeds the limit of Congress' power to regulate intrastate economic activity.

  • January 31, 2025

    FCA, Chamber Tell 6th Circ. GM Defect Class Has Flaws

    Fiat Chrysler, tax-exempt legal organizations and industry trade groups are urging the Sixth Circuit to undo the class certification of drivers suing General Motors over alleged transmission defects, arguing in amicus briefs that a trial court lumping the plaintiffs together "glossed over material differences in the evidence and applicable state laws."

  • January 31, 2025

    HUD Seeks Pause On Insurers' Appeal Over Fair Housing Rule

    U.S. Department of Housing and Urban Development attorneys asked a D.C. Circuit court Friday to pause consideration of an insurance industry trade group's appeal over a HUD rule addressing discrimination claims under the Fair Housing Act, saying the agency's new leadership may reconsider the rule altogether.

  • January 31, 2025

    Mich. Judge Can't Pause Discipline Case During Bias Probe

    The Michigan Supreme Court won't halt disciplinary proceedings against a judge accused of lying about another judge's conduct to wait for an ongoing audit of potential racial disparities in the state's judicial discipline process to be completed.

  • January 31, 2025

    Del. Justices Uphold $33M-Plus Award In Software Co. Suit

    Delaware's Supreme Court shot down on Friday a higher education software company founder's appeal from a $33 million-and-growing Court of Chancery award favoring shareholders who claimed they were kept in the dark when millions in stock purchase warrants were allowed to expire without notice.

  • January 31, 2025

    9th Circ. Affirms Aerospace Co. Code Meets Fair Use Standard

    Aerospace contractor Astronics has convinced Ninth Circuit judges that the code used in its replacement parts is covered by the same fair use protections created by the U.S. Supreme Court's Google v. Oracle decision.

  • January 31, 2025

    Med Transport Broker Must Face Injury Claims, Ga. Panel Says

    The Georgia Court of Appeals has reversed a trial court's grant of summary judgment to a non-emergency medical transportation broker that was sued when the driver of one of its vehicles allegedly failed to secure a woman's wheelchair, throwing her to the floor during a sudden stop.

  • January 31, 2025

    US Chamber Backs Exxon Suit Over Seized Cuba Property

    The U.S. Chamber of Commerce urged the U.S. Supreme Court to accept Exxon Mobil Corp.'s challenge of a D.C. Circuit decision that made it harder for the energy giant to seek damages over property that Fidel Castro's government confiscated decades ago in Cuba.

  • January 31, 2025

    Texas Justices Won't Shut Down Court Reporter's AI Case

    A Texas court reporter will be permitted to continue pursuing an administrative complaint against an artificial intelligence-powered "digital reporting firm," after the administrative agency in charge of court stenography in Texas lost its bid for the state's high court to end the case on Friday.

Expert Analysis

  • 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.

  • Justices May Find Gov't Can Keep Fraudulent Transfer Benefit

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    Based on the justices' questions at the recently argued U.S. v. Miller, the Supreme Court appears prepared to hold that the U.S. — unlike any other creditor — is permitted to retain the benefits of a fraudulent transfer to the detriment of other bankruptcy creditors, says Kevin Morse at Clark Hill.

  • Why Letters Of Protection Are Discoverable In Texas PI Suits

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    Recent Texas Supreme Court opinions and key provisions of the Texas Rules of Civil Procedure make letters of protection, in which plaintiff attorneys promise payment to healthcare providers based on jury awards, discoverable — good news for defendants fighting exorbitant damage claims in personal injury cases, says Nathan Vrazel at Munsch Hardt.

  • 4 Trade Secret Pointers From 2024's Key IP Law Developments

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    Four significant 2024 developments in trade secret law yield practical tips about defending trade secrets overseas, proving unjust enrichment claims, forcing compliance with posttrial orders and using restrictive covenants to prevent employee leaks of confidential intellectual property, say attorneys at Faegre Drinker.

  • Data Privacy Landscape After Mass. Justices' Wiretap Ruling

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    In Vita v. New England Baptist Hospital, Massachusetts’ highest court recently ruled that the state’s wiretap law doesn’t prohibit all tracking of website user activity, but major financial and reputational risks remain for businesses that aren't transparent about customer’s web data, says Seth Berman at Nutter.

  • Ledbetter's Legacy Shines In 2024 Equal Pay Law Updates

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    The federal Lilly Ledbetter Fair Pay Act turned 15 this year, and its namesake's legacy is likely to endure in 2025 and beyond, as demonstrated by 2024's state- and local-level progress on pay equity, as well as several rulings from federal appellate courts, say attorneys at Fisher Phillips.

  • Opinion

    Justices Rightly Corrected Course In Nvidia And Facebook

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    By dismissing both the Nvidia and Facebook class actions, over investors' ability to hold corporations accountable for fraud, the U.S. Supreme Court was right in refusing to favor corporations over transparency, and reaffirmed its commitment to corporate accountability, investor protection and the rule of law, says Laura Posner at Cohen Milstein.

  • Top 10 Whistleblowing And Retaliation Events Of 2024

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    From a Florida federal court’s ruling that the False Claims Act’s qui tam provision is unconstitutional to a record-breaking number of whistleblower tips filed with the U.S. Commodity Futures Trading Commission, employers saw significant developments in the federal and state whistleblower landscapes this year, say attorneys at Proskauer.

  • When US Privilege Law Applies To Docs Made Outside The US

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    As globalization manifests itself in disputes over foreign-created documents, a California federal court’s recent trademark decision illustrates nuances of both U.S. privilege frameworks and foreign evidentiary protections that attorneys must increasingly bear in mind, say attorneys at Hunton.

  • How A 9th Circ. Identicality Ruling Could Affect AI Cos.

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    If the Ninth Circuit agrees to settle a district court split over whether the Digital Millennium Copyright Act requires a copy to be identical to an original to support an actionable claim for removing copyright management information, the decision could have important ramifications for artificial intelligence businesses, says Maria Sinatra at Venable.

  • Ring In The New Year With An Updated Employee Handbook

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    One of the best New Year's resolutions employers can make is to update their employee handbooks, given that a handbook can mitigate, or even prevent, costly litigation as long as it accounts for recent changes in laws, court rulings and agency decisions, say attorneys at Kutak Rock.

  • What Loper Bright And Trump 2.0 Mean For New Transpo Tech

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    The U.S. Supreme Court's recent ruling in Loper Bright Enterprises v. Raimondo, combined with the incoming Trump administration's deregulatory agenda, will likely lead to fewer new regulations on emerging transportation technologies like autonomous vehicles — and more careful and protracted drafting of any regulations that are produced, say attorneys at Venable.

  • What 2024 Trends In Marketing, Comms Hiring Mean For 2025

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    The state of hiring in legal industry marketing, business development and communications over the past 12 months was marked by a number of trends — from changes in the C-suite to lateral move challenges — providing clues for what’s to come in the year ahead, says Ben Curle at Ambition.

  • Alpine Ruling Previews Challenges To FINRA Authority

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    While the D.C. Circuit's holding that the Financial Industry Regulatory Authority can't expel member firm Alpine prior to U.S. Securities and Exchange Commission review was relatively narrow, it foreshadows possibly broader constitutional challenges to FINRA's enforcement and other nongovernmental disciplinary programs, say attorneys at Stradley Ronon.

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