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Appellate
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April 30, 2025
Coinbase Urges Justices To Take User's IRS Data Seizure Suit
Crypto exchange Coinbase on Wednesday urged the U.S. Supreme Court to firm up privacy rights around digital information stored with third parties, backing a petition by a Coinbase user who's challenging the Internal Revenue Service's seizure of his account records.
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April 30, 2025
9th Circ. Won't Revive Phone Number Privacy Suit Against X
The Ninth Circuit on Wednesday declined to revive a Washington resident's putative class action that accused Twitter Inc., now called X, of deceptively obtaining his phone number, saying in an unpublished opinion that a state law he leaned on prohibited the fraudulent collection of telephone records, "not numbers."
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April 30, 2025
Full 6th Circ. Won't Weigh In On Stomach Bug Disability Case
The full Sixth Circuit declined Wednesday to take up the case of a man who claimed he was fired for taking time off to recover from a stomach illness, leaving in place a ruling that the man's ailment was not a disability under federal law.
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April 30, 2025
Army Fights Neb. Tribe's Bid To Repatriate Children's Remains
The U.S. Army is fighting an appeal by a Nebraska tribe to undo an order denying the repatriation of two of its children buried at a Pennsylvania boarding school cemetery, telling the Fourth Circuit that the lawsuit fails to allege facts under a law designed to protect Indigenous burial sites.
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April 30, 2025
6th Circ. Skeptical Of Chili's 'Culture' Rationale For Firing
The Sixth Circuit appeared inclined Wednesday to revive an age discrimination case by a former Chili's restaurant manager, indicating that the restaurant's definition of "culture" — the reason given for his firing — has been hard to pin down.
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April 30, 2025
Mich. AG Says Express Scripts, Prime Fix Pharmacy Rates
Michigan Attorney General Dana Nessel took aim at pharmacy benefit managers Express Scripts and Prime Therapeutics this week in a lawsuit accusing them of a price-fixing deal the state said has crippled pharmacies.
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April 30, 2025
NJ Panel Orders New Trial in Home Depot Slip Case
A New Jersey state trial court erred in allowing trial evidence of a woman's medical history, prior falls and a handicapped placard in a slip-and-fall case against Home Depot U.S.A. Inc., a state appellate panel ruled Wednesday in vacating a jury verdict in favor of the retailer.
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April 30, 2025
3rd Circ. Sides With Pa. Transit Agency In Race Bias Suit
The Third Circuit on Wednesday upheld a Pennsylvania public transportation authority's defeat of a Black employee's lawsuit alleging she was given lower raises than white colleagues and transferred to a different department when she complained, saying she hadn't provided enough evidence to sustain her claims.
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April 30, 2025
Marshals Service Pick Vows To Protect Judges Amid Tensions
President Donald Trump's nominee for director of the U.S. Marshals Service, Gadyaces Serralta, stressed to Democrats on Wednesday that the agency's mission to protect judges and enforce court orders would not change under his leadership despite increasing criticism of the bench from the president and other policymakers.
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April 30, 2025
McDonald's Operator Loses Assault Suit Coverage Appeal
Two insurers were correct to deny coverage for a former Pittsburgh-area McDonald's franchisee in a lawsuit accusing it of failing to stop a supervisor from sexually harassing and assaulting underage employees, since the litigation that sent it into bankruptcy fell under exceptions to the insurance policies, a Third Circuit panel ruled Wednesday.
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April 30, 2025
Texas Panel Backtracks In Nate Paul's Receiver Row
A Texas appellate court revoked its prior ruling and backed a lower court ruling that allowed an attorney acting as a receiver in one suit to take over as counsel in another suit for a company belonging to real estate investor Nate Paul, permanently dismiss its claims and counterclaims, and reach a settlement.
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April 30, 2025
Disbarred Atty Can't Recoup Client Advance In Insurance Fight
A disbarred Pennsylvania attorney, who once choked a judge, was denied the right to seek compensation from an insurer for amounts he allegedly paid a client, the Pennsylvania Superior Court affirmed, finding there was no enforceable contract between the former litigator and the insurer.
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April 30, 2025
Ohio Top Court Backs Challenged Solar Farm Approval
Justices at the Ohio Supreme Court affirmed a regulatory board's approval of a 350-megawatt solar farm that some Licking County neighbors opposed — though one justice said the company developing it should have presented information about its potential negative economic impacts.
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April 30, 2025
NJ Panel Declines To Revive Tobacco Co.'s Tax Refund Claim
A tobacco company cannot revive its claim for a tax refund, a New Jersey appeals court found, agreeing with the state's tax court that 2020 amendments to a regulation limiting a royalty add-back deduction must be applied retroactively.
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April 30, 2025
Justices Say Reservists Get Extra Pay No Matter Wartime Role
The U.S. Supreme Court ruled on Wednesday that federally employed military reservists called to active duty during wartime or a national emergency are entitled to a top-up differential pay, regardless of their specific role.
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April 29, 2025
5th Circ. Backs $1.6M Pipeline Project Arbitration Award
The Fifth Circuit on Tuesday unanimously affirmed a more than $1.6 million arbitration award covering stand-by costs an underground drilling company incurred on a subcontract for a pipeline construction firm, saying in a published opinion that the construction company failed to show that an arbitration panel exceeded its authority.
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April 29, 2025
5th Circ. Hints Exclusivity Could End Tata's $168M Woe
A Fifth Circuit panel asked whether Tata Consultancy Services had taken trade secrets to solely build a product for a specific customer, questioning Tuesday whether to keep intact a $168 million judgment finding Tata stole an IT company's technology concerning source code and life insurance software documentation.
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April 29, 2025
9th Circ. Revives Copyright Fight Over Sam Smith Tune
The Ninth Circuit on Tuesday resurrected a copyright lawsuit over pop stars Sam Smith and Normani's 2019 hit "Dancing With a Stranger," saying a reasonable jury could find that the song's hook shares protectable lyrics, pitches and rhythm with that of a 2015 track called "Dancing With Strangers."
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April 29, 2025
Duke Energy Rival Tells Justices Not To Review Monopoly Suit
Independent power producer NTE Energy is urging the U.S. Supreme Court not to review a decision that revived its monopoly suit against Duke Energy, saying the North Carolina-based company is asking the justices to issue an advisory opinion answering a hypothetical question.
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April 29, 2025
2nd Circ. Not Sure FCC Fine Denied Verizon's Trial Right
Second Circuit judges questioned Tuesday why the feds couldn't fine Verizon millions of dollars for location data misuse since the telecom carrier has the option of refusing to pay and demanding a jury trial if the U.S. Department of Justice comes to collect.
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April 29, 2025
Ohio Justices Reinstate Trans Care Limits During AG's Appeal
The Ohio Supreme Court on Tuesday reinstated state law limits on gender-affirming care for transgender youths pending Ohio Attorney General Dave Yost's appeal of what he called "radical constitutional views" of an Ohio state appeals court that last month blocked the restrictions.
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April 29, 2025
10th Circ. Won't Touch Colo. Deportation Stay For Now
A Tenth Circuit panel on Tuesday declined to set aside a Colorado judge's temporary halt on the removal of Venezuelan migrants under the Alien Enemies Act while the Trump administration challenges the order, because the government hasn't shown its interests would be seriously harmed otherwise.
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April 29, 2025
Justices Wary Of Issuing 'Advisory' Ruling In Class Cert. Row
The U.S. Supreme Court's latest attempt to address a pressing question about class certification standards may be doomed by a procedural hiccup, with a majority of justices expressing concern Tuesday that they didn't have the authority to wade into a dispute over approval of a class that contains uninjured members.
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April 29, 2025
After High Court Reversal, 4th Circ. OKs Asbestos Ch. 11 Plan
The Fourth Circuit upheld on Tuesday the Chapter 11 bankruptcy plan for Kaiser Gypsum Co. Inc. and Hanson Permanente Cement Inc., which have faced a raft of asbestos injury claims, agreeing with lower courts that the plan was reached in good faith despite one insurer's objections.
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April 29, 2025
Insurers Say 9th Circ. Extended Tribal Jurisdiction Too Far
A group of insurers again urged the U.S. Supreme Court to review a Ninth Circuit decision ordering them to litigate COVID-19 coverage claims in Suquamish Tribal Court, saying Tuesday that the lower court's conception of tribal sovereignty is so broad that even the tribe is unwilling to defend it.
Expert Analysis
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Series
Adventure Photography Makes Me A Better Lawyer
Photographing nature everywhere from Siberia to Cuba and Iceland to Rwanda provides me with a constant reminder to refresh, refocus and rethink the legal issues that my clients face, says Richard Birmingham at Davis Wright.
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Fed. Circ. Inherency Ruling Refines Obviousness Framework
The Federal Circuit's December decision in Cytiva v. JSR has definitively eliminated the requirement of "reasonable expectation of success" analysis for inherent properties in obviousness determinations, while providing some key clarifications for patent practitioners, says Lawrence Kass at Steptoe.
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Opinion
Commercial Tree Thinning Should Be Part of Wildfire Control
The devastating wildfires currently afflicting California make it clear that the U.S. Forest Service should step up its use of methods including commercial tree removal to lower fire risk — but litigation that drags on for years stymies many of these efforts and endangers the public, says Jeffrey Beelaert at Givens Pursley.
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The 5 Most Important Bid Protest Decisions Of 2024
The U.S. Court of Appeals for the Federal Circuit, the Court of Federal Claims and the Government Accountability Office issued five noteworthy bid protest decisions in 2024 that will likely have a continuing impact on questions concerning standing, timeliness, corporate transactions and more, say attorneys at Bradley Arant.
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High Court Could Further Limit Deference With TCPA Fax Case
The Supreme Court's decision to hear McLaughlin Chiropractic Associates v. McKesson, a case involving alleged junk faxes that centers whether district courts are bound by Federal Communications Commission rules, offers the court a chance to possibly further limit the judicial deference afforded to federal agency interpretations of statutes, says Samantha Duke at Rumberger Kirk.
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Future Of Crypto-Asset Classification Is In 2nd Circ.'s Hands
A definitive ruling from the Second Circuit in a rare interlocutory appeal in the U.S. Securities and Exchange Commission's ongoing court battle with Coinbase could finally establish clear guidelines on the classification of digital assets, influencing how they are regulated and traded in the U.S., say attorneys at Manatt.
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5 Ways To Create Effective Mock Assignments For Associates
In order to effectively develop associates’ critical thinking skills, firms should design mock assignments that contain a few key ingredients, from messy fact patterns to actionable feedback, says Abdi Shayesteh at AltaClaro.
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More Environmental Claims, More Greenwashing Challenges
As companies prepare for the 2025 greenwashing landscape, they should take heed of a D.C. appellate decision that shows that environmental claims are increasingly subject to attack and provides plaintiffs with a playbook for challenging corporate claims of sustainability, say attorneys at Sidley.
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Calif. Cannabis Decision Deepens Commerce Clause Divide
In Peridot Tree v. Sacramento, the Eastern District of California joined a growing minority of courts that have found the dormant commerce clause inapplicable to state-regulated marijuana, and the Ninth Circuit will soon provide important guidance on this issue, say attorneys at Perkins Coie.
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4 Employment Law Areas Set To Change Under Trump
President Donald Trump's second term is expected to bring significant changes to the U.S. employment law landscape, including the potential for updated worker classification regulations, and challenges to diversity, equity and inclusion that are already taking shape, say attorneys at Debevoise.
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A Defendant's Guide To 4 Common CFPB Discovery Tactics
With the Consumer Financial Protection Bureau's recent flurry of new lawsuits showing no signs of stopping, defendants should know the bureau's most relied-upon discovery strategies — and be prepared to resist them, say attorneys at Goodwin.
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What Employment Bias Litigation Looks Like After Muldrow
Nine months after the U.S. Supreme Court created an undemanding standard for discrimination claims in Muldrow v. St. Louis, Eric Schnapper at the University of Washington discusses how the Title VII litigation landscape has changed and what to expect moving forward.
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The 7th Circ.'s Top 10 Civil Opinions Of 2024
Attorneys at Jenner & Block examine the most significant decisions issued by the Seventh Circuit in 2024, and explain how they may affect issues related to mass arbitration, consumer fraud, class certification and more.
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Royal Canin Ruling Won't Transform Removal Jurisdiction
The U.S. Supreme Court's ruling in Royal Canin USA v. Wullschleger means that federal district courts must now remand whenever an amended complaint excises grounds for federal jurisdiction — but given existing litigation strategy and case law trends, this may ultimately preserve, rather than alter, the status quo, say attorneys at Norton Rose.
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Class Actions At The Circuit Courts: Nov. And Dec. Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five federal court decisions and identifies practice tips from cases involving takings clause violations, breach of contract with banks, life insurance policies, employment and automobile defects.