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Appellate
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June 12, 2025
10th Circ. Says Timer Still Ticking In Sycamore Bakery TM Suit
The Tenth Circuit on Thursday backed a lower court decision shooting down a bid to terminate an order requiring the patriarch of a bakery business to hand over his portion of an LLC as part of a long-running feud with EarthGrains Baking Cos. Inc.
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June 12, 2025
NH High Court Upholds Towns Keeping Excess Tax Revenue
The right of New Hampshire communities to retain excess statewide education property taxes for other purposes doesn't violate the state constitution's uniformity clause, the state Supreme Court ruled, partially reversing a trial court.
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June 12, 2025
8th Circ. Stubs Out Challenge To FDA Menthol Vape Denial
The Eighth Circuit on Thursday threw out a challenge from SWT Global Supply Inc. to the U.S. Food and Drug Administration's denial of its application to market menthol-flavored e-cigarettes, saying the agency didn't arbitrarily or capriciously find that the company's sales plan failed to meet its standards for promoting public health.
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June 12, 2025
Construction Co. Beats Gas Pipeline Explosion Injury Suit
A Texas appeals court said Wednesday that a construction company could escape a negligence suit from a worker injured in a 2018 pipeline explosion, ruling that the man hadn't shown his injuries were a foreseeable result of construction activities.
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June 12, 2025
9th Circ. Says Brazilian Didn't Get Fair Shake In Asylum Request
The Ninth Circuit has revived a Brazilian woman's asylum claim, saying neither the Board of Immigration Appeals nor an immigration judge appropriately considered how the danger she faced in her home country stopped her from practicing her religion freely.
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June 12, 2025
Athletes Revive Title IX Objections In NIL Settlement Appeal
Eight female former and current college athletes who previously objected to the Title IX implications of the $2.78 billion settlement between the NCAA and a class of former athletes seeking past name, image and likeness pay have appealed the final approval of the settlement, granted just last Friday, to the Ninth Circuit.
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June 12, 2025
Deal Ends Freedom Mortgage's Appeal Of $23M Verdict
Freedom Mortgage and a Virginia mortgage subservicer have reached a deal to resolve the mortgage company's appeal of a $23 million verdict over a subservicing agreement gone wrong, according to a Thursday filing in the Third Circuit.
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June 12, 2025
Fla. Court Nixes Roundup Cancer Suit's Punitive Damages Bid
A Florida state appeals court has refused to let a plaintiff pursue punitive damages against Monsanto Co. in his suit alleging that glyphosate in the company's Roundup weedkiller caused his non-Hodgkin's lymphoma, finding he didn't present sufficient evidence to support the damages.
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June 12, 2025
Detroit Can't Block Sidewalk Hazard Suit, Mich. Justices Say
Detroit cannot claim immunity in a lawsuit over a man's injuries from tripping on a metal post embedded in a sidewalk, the Michigan Supreme Court said Wednesday, ruling that the protrusion constitutes a dangerous defect under state law.
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June 12, 2025
Reed Smith Pushes For 2nd Circ. Stay In $102M Award Fight
Still seeking to represent prebankruptcy owners of international shipping company Eletson Holdings Inc., Reed Smith LLP has asked the Second Circuit to stay a bankruptcy proceeding and a district court action, arguing the reorganized Eletson, now allegedly under common control with a former adversary, has launched a "calculated effort" to seize the company's privileged client information.
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June 12, 2025
Wis. Children's Hospital Denied Exemption For Hospital Tower
The Children's Hospital of Wisconsin isn't eligible for a property tax exemption for a tower built in its medical complex, as it was unused during the tax year, the Wisconsin Court of Appeals ruled.
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June 12, 2025
Pa. Panel Says Borough Didn't Break Law In Condemning Mall
A Pennsylvania appellate panel affirmed a decision backing the borough of West Mifflin's condemnation of a local mall, rejecting the property owner's argument that its due process rights were violated.
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June 12, 2025
Justices Say Habeas Claims Can't Be Added After Judgment
The U.S. Supreme Court on Thursday ruled that a prisoner may not add new claims to a habeas corpus petition once a final judgment is issued, cementing strict limits on repeat habeas filings prescribed by federal law.
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June 12, 2025
Justices Reverse IRS Loss In Tax Collection Suit
The U.S. Supreme Court ruled Thursday that the U.S. Tax Court did not have jurisdiction to review a New Jersey woman's collection dispute with the Internal Revenue Service after the agency stopped going after her unpaid taxes, reversing an earlier IRS loss.
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June 12, 2025
Justices Grant Compensation Leeway To Late-Filing Vets
The U.S. Supreme Court ruled Thursday that the Barring Act's six-year statute of limitations for certain military-related claims does not apply to combat-related special compensation, a win for a proposed class of roughly 9,000 veterans who say they deserve additional pay despite filing late.
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June 12, 2025
Justices Clarify Appeal Deadline In Win For Pro Se Inmate
The U.S. Supreme Court on Thursday allowed a pro se inmate to appeal a suit alleging harsh treatment while behind bars, reversing the Fourth Circuit in an opinion that says civil litigants do not need to file a second notice of appeal if they filed prior to a court's decision to reopen the case.
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June 12, 2025
High Court Levels ADA Playing Field For Disabled Students
The U.S. Supreme Court on Thursday ruled students claiming disability discrimination in public schools should not face a higher standard of proof than plaintiffs in other Americans with Disabilities Act and Rehabilitation Act lawsuits.
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June 12, 2025
Justices Limit FTCA Defense In FBI Raid Case
The U.S. Supreme Court on Thursday held that the Constitution's supremacy clause cannot shield the federal government from Federal Tort Claims Act suits, in the process reviving a Georgia woman's claim over an FBI raid aimed at a gang member but mistakenly carried out at her home.
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June 11, 2025
AP Asks Full DC Circ. To Rethink White House Press Pool Ban
The Associated Press on Tuesday asked the full D.C. Circuit to reconsider a split panel's decision reinstating the White House's directive banning the AP from the press pool covering the Oval Office, Air Force One and Mar-a-Lago, saying the "unprecedented" decision empowers the Trump administration to violate the First Amendment.
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June 11, 2025
9th Circ. Doubts Kleenex Ad Fight Belongs In District Court
Two judges on a Ninth Circuit panel doubted Wednesday that they have jurisdictional authority to revive a putative class action alleging Kimberly-Clark Corp.'s Kleenex Wet Wipes Germ Removal products mislead consumers about its ability to kill germs, saying repeatedly that the consumers' complaint has not met their burden to establish jurisdiction.
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June 11, 2025
No Bail For Menendez During Bribery Appeal, 2nd Circ. Says
A split Second Circuit on Wednesday rejected former U.S. Sen. Bob Menendez's request for bail while he appeals his conviction of engaging in a lengthy, million-dollar course of bribery and corruption.
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June 11, 2025
4th Circ. Urged To Rethink Block On Federal Grant Restoration
A group of nonprofits and cities asked the Fourth Circuit to reconsider its decision blocking an order that restored 32 congressionally funded grants frozen by the Trump administration, arguing Tuesday that the circuit's approach "would enable the Executive Branch to evade judicial review and unconstitutional actions to go unchecked."
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June 11, 2025
9th Circ. Backs Reddit Win In WallStreetBets Creator's TM Suit
The Ninth Circuit on Wednesday refused to revive WallStreetBets subreddit founder Jaime Rogozinski's lawsuit accusing Reddit Inc. of hijacking his creation and infringing his right to trademark the brand, saying in an unpublished opinion that Rogozinski failed to adequately plead ownership over the brand mark.
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June 11, 2025
Fed. Circ. Says VA Worker Must Submit To Random Drug Tests
The Federal Circuit has upheld an arbitration decision requiring a U.S. Department of Veterans Affairs employee, allegedly caught using marijuana on the job, to release her medical records and submit to random drug testing as part of a slate of conditions for her to return to work, finding the arbitrator's award acceptable.
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June 11, 2025
11th Circ. Says Cop ID'ing Driver Justified Arrest Over Car Theft
The Eleventh Circuit on Wednesday affirmed the dismissal of a false arrest and malicious prosecution suit against city of Miami police officers after finding they had probable cause to arrest a man who had reported a stolen vehicle because of an officer's identification of him as the reckless driver who had crashed the vehicle.
Expert Analysis
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4 Potential Effects Of 3rd Circ.'s Coinbase Ruling
The Third Circuit's recent landmark decision in Coinbase v. U.S. Securities and Exchange Commission that the SEC's refusal to engage in rulemaking to clarify its stance on crypto enforcement was "insufficiently reasoned" could have wide-ranging impacts, including on other cases, legislation and even the SEC's reputation itself, says Daniel Payne at Cole-Frieman.
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Disability Ruling Guides On Cases With Uncertain Causation
In Dime v. MetLife, a Washington federal court’s recent ruling in favor of a disability claimant instructs both claimants and insurers on the appropriate standard for establishing and making a disability determination when there is limited medical evidence explaining the disability’s cause, says Mark DeBofsky at DeBofsky Law.
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National Bank Act Rulings Facilitate More Preemption Analysis
Two recent National Bank Act preemption decisions from an Illinois federal court and the Ninth Circuit provide the first applications of the U.S. Supreme Court’s May ruling in Cantero v. Bank of America, opening the potential for several circuit courts to address the issue this year, say attorneys at Moore & Van Allen.
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Series
Collecting Rare Books Makes Me A Better Lawyer
My collection of rare books includes several written or owned by prominent lawyers from early U.S. history, and immersing myself in their stories helps me feel a deeper connection to my legal practice and its purpose, says Douglas Brown at Manatt Health.
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Opinion
New DOJ Leaders Should Curb Ill-Conceived Prosecutions
First-of-their-kind cases have seemingly led to a string of overly aggressive prosecutions in recent years, so newly sworn-in leaders of the U.S. Department of Justice should consider creating reporting channels to stop unwise prosecutions before they snowball, says Jonathan Porter at Husch Blackwell.
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Opinion
Judge Should Not Have Been Reprimanded For Alito Essay
Senior U.S. District Judge Michael Ponsor's New York Times essay critiquing Supreme Court Justice Samuel Alito for potential ethical violations absolutely cannot be construed as conduct prejudicial to the administration of the business of the courts, says Ashley London at the Thomas R. Kline School of Law of Duquesne University.
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What Justices' FLSA Ruling Means For 2-Step Collective Cert.
The U.S. Supreme Court's recent decision in EMD Sales v. Carrera may have sounded the death knell for the decades-old two-step process to certify collective actions under the Fair Labor Standards Act, which could lead more circuits to require a preponderance of the evidence showing that members are similarly situated, says Steven Katz at Constangy.
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Lights, Camera, Ethics? TV Lawyers Tend To Set Bad Example
Though fictional movies and television shows portraying lawyers are fun to watch, Hollywood’s inaccurate depictions of legal ethics can desensitize attorneys to ethics violations and lead real-life clients to believe that good lawyers take a scorched-earth approach, says Nancy Rapoport at the University of Nevada, Las Vegas.
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SEC Motion Response Could Reveal New Crypto Approach
Cumberland DRW recently filed to dismiss the U.S. Securities and Exchange Commission’s enforcement action against it for the unlawful purchase and sale of digital asset securities, and the agency's response should unveil whether, and to what extent, the Trump administration will relax the federal government’s stance on digital asset regulation, say attorneys at O'Melveny.
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Perspectives
Accountant-Owned Law Firms Could Blur Ethical Lines
KPMG’s recent application to open a legal practice in Arizona represents the first overture by an accounting firm to take advantage of the state’s relaxed law firm ownership rules, but enforcing and supervising the practice of law by nonattorneys could prove particularly challenging, says Seth Laver at Goldberg Segalla.
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Perspectives
DC Circ. Cellphone Ruling Upends Law Enforcement Protocol
The D.C. Circuit’s recent U.S. v. Brown decision, holding that forcibly requiring a defendant to unlock his cellphone with his fingerprint violated the Fifth Amendment, has significant implications for law enforcement, and may provide an opportunity for defense lawyers to suppress electronic evidence, says Sarah Sulkowski at Gelber & Santillo.
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The Post-Macquarie Securities Fraud-By-Omission Landscape
While the U.S. Supreme Court's 2024 opinion in Macquarie v. Moab distinguished inactionable "pure omissions" from actionable "half-truths," the line between the two concepts in practice is still unclear, presenting challenges for lower courts parsing statements that often fall within the gray area of "misleading by omission," say attorneys at Katten.
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AI Will Soon Transform The E-Discovery Industrial Complex
Todd Itami at Covington discusses how generative artificial intelligence will reshape the current e-discovery paradigm, replacing the blunt instrument of data handling with a laser scalpel of fully integrated enterprise solutions — after first making e-discovery processes technically and legally harder.
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When Innovation Overwhelms The Rule Of Law
In an era where technology is rapidly evolving and artificial intelligence is seemingly everywhere, it’s worth asking if the law — both substantive precedent and procedural rules — can keep up with the light speed of innovation, says Reuben Guttman at Guttman Buschner.
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The Future Of ALJs At NLRB And DOL Post-Jarkesy
In the wake of the U.S. Supreme Court’s 2024 Jarkesy ruling, several ongoing challenges to the constitutionality of the U.S. Department of Labor's and the National Labor Relations Board's administrative law judges have the potential to significantly shape the future of administrative tribunals, say attorneys at Wiley Rein.