Appellate

  • May 07, 2025

    Feds Must Return Detained Student To Vt., 2nd Circ. Says

    The Second Circuit on Wednesday ordered that detained Tufts University graduate student Rumeysa Ozturk be returned to Vermont from Louisiana while a district court weighs her claims that the government jailed her for expressing pro-Palestinian views.

  • May 07, 2025

    Samsung Gets PTAB To Ax Claims In 3 Broadphone Patents

    The Patent Trial and Appeal Board has found that Samsung was able to show that claims across a trio of patents covering a way to keep track of mobile devices were invalid, ruling they were obvious.

  • May 07, 2025

    Fed. Circ. Affirms Army Win In Practice Bomb Contract Fight

    The Federal Circuit upheld an Armed Services Board of Contract Appeals decision that granted summary judgment to the Army in a dispute over a contract to procure practice bombs.

  • May 07, 2025

    3rd Circ. Rejects Feds' Bid To Challenge Venue In Khalil Case

    A Third Circuit panel rejected the Trump administration's last-ditch attempt to transfer Columbia University graduate student Mahmoud Khalil's challenge to his detention by U.S. Immigration and Customs Enforcement from New Jersey federal court to Louisiana federal court.

  • May 07, 2025

    2nd Circ. Backs NYC Win In IT Worker's Bias, Retaliation Suit

    A former New York City telecommunications employee cannot revive her lawsuit alleging she was pushed out after managers scheduled meetings during her lunch because she reported a supervisor's inappropriate touching, the Second Circuit ruled Wednesday, saying there's no evidence the managers knew her migraines necessitated a specific lunch break.

  • May 07, 2025

    Muscogee Nation Court To Hear Citizenship Case Arguments

    The Muscogee (Creek) Nation Supreme Court is set to hear arguments in June in a dispute over whether descendants of those once enslaved by the tribe are entitled to citizenship after a nearly yearlong pause in the case.

  • May 07, 2025

    Ga. Atty Gives Up License After Using Client Funds

    The Georgia Supreme Court has agreed to accept the surrender of an attorney's law license after he admitted to not disbursing more than $27,000 in settlement funds of deceased clients and instead using them for his own purposes.

  • May 07, 2025

    NJ Justices Deem Town Liable For Frivolous Lawsuits

    Frivolous litigation by local government officials is not constitutionally protected and carries financial consequences, the New Jersey Supreme Court ruled Wednesday in a 5-0 decision reining in baseless legal battles.

  • May 07, 2025

    Mich. Justices May Avoid Double Jeopardy In Contempt Case

    The Michigan Supreme Court puzzled Wednesday over whether an attorney must undergo a second contempt trial for what a judge described as rude comments, with the chief justice suggesting the court could rule on other grounds and avoid deciding if double jeopardy applies.

  • May 07, 2025

    Feds Seek 13 Years In Avenatti's California Resentencing

    California federal prosecutors asked a judge Wednesday to sentence Michael Avenatti to 160 months in prison for tax fraud and stealing from clients, to be served atop the five-year term imposed in a pair of New York cases where Avenatti was convicted of trying to extort Nike Inc. and defrauding former client Stormy Daniels

  • May 07, 2025

    Ga. Judges Dubious Of Path To Atty Fees In Uninsured Crash

    A Georgia appellate panel seemed to doubt Wednesday an injured driver's claims that he could recover attorney fees from Allstate Insurance Co. after the insurer rejected a settlement offer prior to a $1.5 million verdict in the driver's favor, suggesting he'd have to pursue a separate suit to recover his expenses.

  • May 07, 2025

    Ex-Equity Partner In Firm Gets Redo Of Workers' Comp Award

    The North Carolina Court of Appeals on Wednesday ordered the state's Industrial Commission to recalculate the amount of workers' compensation owed to a former Cranfill Sumner LLP partner, finding his equity stake in the law firm is a contractual benefit that doesn't offset the amount he's owed.

  • May 07, 2025

    Florida Judge In Ethics Case Defends Remarks As 'Dad Jokes'

    A Florida state judge facing suspension over allegations from the state Judicial Qualifications Commission that he made inappropriate jokes and comments while overseeing a criminal docket defended his statements as mostly inoffensive "dad jokes" and requested the matter go to trial.

  • May 07, 2025

    6th Circ. Skeptical Of US In Tax Court Deadline Case

    Sixth Circuit judges expressed skepticism of the U.S. government's claim that the 90-day deadline to petition the U.S. Tax Court is inflexible, with one judge saying during oral arguments Wednesday in a woman's case challenging the rule that the U.S. Supreme Court seemed to back her.

  • May 07, 2025

    Mass. Justices May Bless Use Of High Bail To Block Removal

    Justices on Massachusetts' highest court appeared reluctant on Wednesday to second-guess a lower court's decision to dramatically increase the bail of a defendant facing imminent deportation solely to keep him in the state for trial.

  • May 07, 2025

    Edward Jones' Arbitration Delay Lets Worker Return To Court

    Edward Jones' delay in paying the required fees to arbitrate a former employee's wage and hour claims allows the worker to take her claims back to court, a California appeals court ruled.

  • May 07, 2025

    9th Circ. Affirms FTC Loss In Microsoft-Activision Case

    The Ninth Circuit on Wednesday affirmed a lower court's ruling in a Federal Trade Commission case that refused to block Microsoft's $68.7 billion acquisition of game developer Activision Blizzard Inc.

  • May 07, 2025

    NC Top Court Candidate Concedes After 6-Month Showdown

    Republican candidate Judge Jefferson Griffin on Wednesday conceded the North Carolina Supreme Court race to Democratic incumbent Justice Allison Riggs on the heels of a federal judge's decision declaring his efforts to retroactively invalidate votes unconstitutional.

  • May 06, 2025

    DC Circ. Sides With BofA In COVID Market Loss 'Uphill Battle'

    The D.C. Circuit on Tuesday refused to revive a Bank of America client's suit claiming the bank should've tried to stop him from dumping his investments when the market tanked at the beginning of the pandemic, finding the bank is shielded by an investment contract and calling his claims an "uphill battle."

  • May 06, 2025

    Ruling Doesn't Bind FERC Auction Approval, DC Circ. Told

    A Federal Energy Regulatory Commission determination that a court ruling required it to let a grid operator proceed with a flawed electricity capacity auction cannot be squared with its duty to modify unjust or unreasonable rates, consumer advocates and public utilities told the D.C. Circuit.

  • May 06, 2025

    Fed. Circ. Asks What Law Applies For Sleep Drug Injunction

    The Federal Circuit lifted an injunction Tuesday that had placed limits on Avadel CNS Pharmaceuticals' clinical trials for sleep disorder treatments, but sent the infringement case back to Delaware to determine whether a future injunction should be governed by the Hatch-Waxman Act.

  • May 06, 2025

    11th Circ. Refuses Celebrity Cruise Crew's Captivity Claim

    The Eleventh Circuit on Tuesday refused to revive putative class action claims that alleged Celebrity Cruises forced Filipino crew members to stay on board without pay after the cruise industry temporarily shut down due to COVID-19, saying Celebrity's conduct, though not ideal, wasn't so "outrageous" that it caused severe emotional distress.

  • May 06, 2025

    Ind. Landowners Not Owed For Trail Project, Fed. Circ. Affirms

    A group of Indiana landowners aren't owed compensation after claiming that their land was taken for a federal rails-to-trails conversion project, the Federal Circuit has ruled.

  • May 06, 2025

    Benton Harbor Must Face Lead Contamination Mass Tort

    A Michigan city's officials must face claims that they failed to protect children from drinking lead-contaminated tap water, a split Sixth Circuit said Tuesday, finding the city's conduct plausibly violated the children's constitutional rights.

  • May 06, 2025

    NY Says Owner Has To Sell Ski Resort After Antitrust Loss

    A New York ski resort operator who a state judge has ruled violated antitrust law by buying a rival and shutting it down should have to sell off one of its properties, preferably the one it shut down, so it can be reopened for next winter, the Empire State is arguing.

Expert Analysis

  • Wash. Justices' Moonlight Ruling Should Caution Employers

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    The Washington Supreme Court's recent decision in David v. Freedom Vans, which limited when employers can restrict low-wage workers from moonlighting, underscores the need for employers to narrowly tailor restrictive covenants, ensuring that they are reasonable and allow for workforce mobility, say attorneys at Perkins Coie.

  • What To Watch For As High Court Mulls NRC's Powers

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    If successful, Texas’ challenges to the U.S. Nuclear Regulatory Commission’s authority — recently heard by the U.S. Supreme Court and currently pending before a Texas federal court — may have serious adverse consequences for aspiring NRC licensees, including potential nuclear power plant operators, say attorneys at Haynes Boone.

  • Series

    Adapting To Private Practice: From NY Fed To BigLaw

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    While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.

  • Calif. Smoke Claim Ruling Gives Insurers Support On Denials

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    Far from being an outlier among ash, soot and smoke coverage cases, a California appellate court's recent opinion in Gharibian v. Wawanesa General Insurance reinforces the principle that policyholders must establish entitlement to coverage as a threshold matter, while supporting denials of coverage for meritless claims, says Kyle Espinola at Zelle.

  • Cos. Face Enviro Justice Tug-Of-War Between States, Feds

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    The second Trump administration's sweeping elimination of environmental justice policies, programs and funding, and targeting of state-level EJ initiatives, creates difficult questions for companies on how best to avoid friction with federal policy, navigate state compliance obligations and maintain important stakeholder relationships with communities, say attorneys at Arnold & Porter.

  • Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

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    Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.

  • 5th Circ. Ruling Is Latest Signal Of Shaky Qui Tam Landscape

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    In his recent concurring opinion in U.S. v. Peripheral Vascular Associates, a Fifth Circuit judge joined a growing list of jurists suggesting that the False Claims Act's whistleblower provisions are unconstitutional, underscoring that acceptance of qui tam relators can no longer be taken for granted, say attorneys at Miller & Chevalier.

  • How Attys Can Use A Therapy Model To Help Triggered Clients

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    Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.

  • Tracking The Evolution Of Liability Management Exercises

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    As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.

  • Navigating Florida's Bad Faith Reforms After Appellate Ruling

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    A Florida appellate court's recent decision is among the first to interpret two significant amendments to the state's insurance bad faith law, and its holding that one of the statutes could not apply retroactively may affect insurers' interpretation of the other statute, say attorneys at Cozen O'Connor.

  • 3 Steps For In-House Counsel To Assess Litigation Claims

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    Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.

  • Series

    Teaching College Students Makes Me A Better Lawyer

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    Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.

  • A New Tool For Assessing Kickback Risks In Health Marketing

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    The Seventh Circuit's recent decision in U.S. v. Sorensen, reversing a conviction after trial of a durable medical equipment distributor, highlights two principle considerations for determining whether payments to marketers in healthcare are unlawful under the Anti-Kickback Statute, says Elisha Kobre at Sheppard Mullin.

  • Maximizing Employer Defenses After Calif. Meal Waiver Ruling

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    A California state appeals court's recent decision in Bradsbery v. Vicar Operating, finding that revocable meal period waivers prospectively signed by employees are enforceable, offers employers four steps to proactively reduce their exposure to meal period claims and bolster their defenses in a potential lawsuit, say attorneys at Fisher Phillips.

  • Series

    Adapting To Private Practice: From DOJ Enviro To Mid-Law

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    Practitioners leaving a longtime government role for private practice — as when I departed the U.S. Department of Justice’s environmental enforcement division — should prioritize finding a firm that shares their principles, values their experience and will invest in their transition, says John Cruden at Beveridge & Diamond.

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