Appellate

  • October 30, 2025

    Conn. Justices Urged To Define 'Written Consent' To Jury Trial

    An investment bank and related companies want Connecticut's Supreme Court to restore their $10.4 million win in a fraud suit after an appellate court overturned a bench trial verdict because it said the parties had agreed to present the case to a jury.

  • October 30, 2025

    J&J's Janssen Says 3rd Circ. Should Reverse $1.6B FCA Win

    Johnson & Johnson's Janssen Products LP urged the Third Circuit to overturn a $1.6 billion False Claims Act judgment over two of its HIV drugs, arguing the district court allowed whistleblowers to prove fraud based solely on "off-label" marketing rather than any false claim actually submitted to the government.

  • October 30, 2025

    Injury Risk Can't Support Toxic Tort Claims, Colo. Court Finds

    A Colorado appeals court on Thursday affirmed the dismissal of a proposed class action by a man living near a Terumo BCT Inc. sterilization facility, finding that the trial court correctly found that his claim of a potential future illness from exposure to toxic chemicals isn't an injury that confers standing.

  • October 30, 2025

    Verizon Fights USPTO Bid To Block Fed. Circ. Patent Appeal

    Verizon has shot back at the U.S. Patent and Trademark Office's argument that the Federal Circuit can't hear its appeal of former acting Director Coke Morgan Stewart's decision to wipe out a Patent Trial and Appeal Board decision in the company's favor invalidating an Omega Patents patent.

  • October 30, 2025

    Copyright Rules For AI Creations Too Strict, IP Panel Says

    The U.S. Copyright Office's rule barring registration of works created entirely by artificial intelligence systems may be overly strict and unlikely to endure, according to a panel of legal experts who discussed the matter Wednesday at the American Intellectual Property Law Association's annual conference in D.C.

  • October 30, 2025

    Gun Rights Groups Ask Justices To Review Ban On Pot Users

    A group of gun rights advocates urged the U.S. Supreme Court to hear a case arguing that a federal law prohibiting marijuana users from owning guns runs afoul of the Second Amendment, saying a similar case the justices agreed to hear is a poor vehicle for the issue.

  • October 30, 2025

    Mich. Justices To Mull If Closed-Door Pot Meetings Broke Law

    Michigan's highest court has agreed to review a lower court's ruling that a city violated state open meetings law when it held closed-door meetings to evaluate the applicants for a limited pool of marijuana business licenses.

  • October 30, 2025

    NJ Panel Backs Tossing Of Fraud Suit In Industrial Lease Row

    A New Jersey state appeals court on Thursday rejected a container loading company's bids for a revival of its permanently dismissed suit, which accused a landlord of leasing a poorly maintained property.

  • October 30, 2025

    Cox Wants Justices To Erase ISP Liability Verdict

    Internet service provider Cox asked the U.S. Supreme Court on Thursday to vacate a $1 billion jury verdict holding it liable for its customers' illegal music downloads, saying it never took an affirmative action to further any infringement as would be required under high court precedent.

  • October 30, 2025

    Profs Back Bid At Fed. Circ. To Revive Insulation Patent

    The Federal Circuit should revive an insulation product maker's patent infringement lawsuit against a competitor, according to a pair of legal scholars who say third-party sales of a product by themselves can't block inventors from patenting their creations.

  • October 30, 2025

    McCarter & English Used Doctrine As 'Whipsaw,' Panel Hears

    A biotech company on Thursday urged a New Jersey appellate panel to revive its legal malpractice suit against McCarter & English LLP, arguing that the claims were distinct from the firm's own suit seeking unpaid fees.

  • October 30, 2025

    Nev. Justices Say State Law Isn't Intertwined With FLSA

    Nevada wage and hour laws don't incorporate the Fair Labor Standards Act's exceptions addressing whether preshift work is compensable, the Nevada Supreme Court ruled Thursday in a case by a former Amazon fulfillment center associate alleging the e-commerce giant failed to pay workers for time spent in coronavirus screenings.

  • October 30, 2025

    Fla. Attys Face Stricter Penalty For Settling Dead Client's Case

    The Florida Supreme Court justices on Thursday said they favored a three-year suspension for two attorneys facing ethics charges, rejecting a recommended 18-month penalty for settling a client's case after he died. 

  • October 30, 2025

    Suspended NC Atty Fights Disbarment Bid Over Tax Issues

    A North Carolina attorney currently serving a five-year suspension for misconduct, including tax crimes and commingling funds in a client trust account, is fighting the state bar's appeal seeking to disbar him, telling the state's intermediate appeals court that his failure to withhold income taxes from his own wages is not a crime.

  • October 30, 2025

    Mich. Top Court Upholds Gilead Immunity In COVID Drug Case

    The Michigan Supreme Court on Wednesday said it won't consider an appeal from a man who was injected with a COVID-19 treatment made by Gilead Sciences Inc. that was later recalled for containing glass shards, a few months after a lower appellate court found the company immune because of a federal health emergency law.

  • October 30, 2025

    Mich. Justices Take Up Stellantis Supplier's Contract Dispute

    The Michigan Supreme Court has agreed to take up a Stellantis supplier's appeal of a decision forcing it to continue supplying the automaker with parts at a loss, giving the court a chance to resolve the enforceability of a common supply contract term.

  • October 30, 2025

    Habba Cites Essayli Ruling To Defend Role In NJ Cases

    The U.S. Department of Justice has urged the Third Circuit to reinstate Alina Habba's authority in two criminal prosecutions, arguing a recent California ruling backs her power to supervise cases as first assistant, even if she's barred from acting as U.S. attorney for the District of New Jersey under federal vacancy law.

  • October 30, 2025

    3rd Circ. Affirms Tax On Interest In $191M Pharma Family Feud

    A pharmaceutical company's $191 million payment settling a family feud was for the sale of a family trust's ownership shares and included interest taxed as ordinary income, the Third Circuit said Thursday, rejecting the trust's claim that the money should be taxed at the lower, capital gains rate.

  • October 30, 2025

    7th Circ. Seems Skeptical Of Alcoa Retirees' Benefits Win

    The Seventh Circuit appeared open Thursday to unraveling trial court orders that required metals giant Alcoa to provide lifetime healthcare benefits to union retirees, with judges picking apart different aspects of the lower court's judicial estoppel analysis.

  • October 30, 2025

    Health Group Urges 1st Circ. To Deny FCA Suit Fee Challenge

    A Massachusetts health network has asked the First Circuit to deny a whistleblower's attempt to secure more attorney fees for a False Claims Act suit, arguing that a federal judge properly denied numerous claims for fees after a $2.5 million settlement.

  • October 30, 2025

    Ga. Panel Finds No 'Bad Faith' In Wells Fargo Trust Suit

    The Georgia Court of Appeals has reversed a trial court's finding that Wells Fargo Bank, as trustee, misinterpreted language in a trust established in a man's last will and testament and its order that numerous distributions be made to one of the trust beneficiaries.

  • October 30, 2025

    Wash. Justices Reinstate $185M Monsanto PCB Verdict

    The Washington State Supreme Court has restored a $185 million jury verdict against Monsanto in the first of a series of chemical poisoning trials tied to a Washington state school site, finding a lower appellate court misapplied choice-of-law principles when overturning the win for three school teachers.

  • October 30, 2025

    Pa. Justice Dougherty Took On Abortion, Gun Rights, Voting

    As he faces a vote on Election Day over whether he should be retained for a second 10-year term on the Pennsylvania Supreme Court, Justice Kevin Dougherty is leaning on a record that includes key opinions over voting rights, abortion, gun control, and immunity for public officials.

  • October 29, 2025

    Visa Must Face Cardholders' Antitrust Claims, Judge Says

    A New York federal judge has trimmed two antitrust suits against Visa Inc. over its use of exclusive contracts in the U.S. debit card market, axing certain state law and damages claims but also finding that the consumer plaintiffs plausibly alleged the company's conduct suppressed competition.

  • October 29, 2025

    Bank Groups Press 5th Circ. To Rehear OCC In-House Case

    Banking industry groups have urged the Fifth Circuit to revisit a panel decision allowing federal regulators to try banking enforcement cases in-house, arguing the ruling was wrong and risks stripping thousands of banks and millions of bankers of their right to a jury trial.

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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