Appellate

  • April 15, 2025

    Entergy Can't Fight FERC Market Rule Change, DC Circ. Says

    The D.C. Circuit on Tuesday said Entergy lacks standing to challenge the Federal Energy Regulatory Commission's rejection of a regional grid operator's change to its capacity market rules after the agency concluded the change would give Entergy too much market power.

  • April 15, 2025

    NJ Judicial Privacy Law Is Unconstitutional, 3rd Circ. Told

    A group of data brokers told the Third Circuit that the New Jersey judicial privacy measure, Daniel's Law, is facially unconstitutional and that a federal district judge effectively "rewrote" it when he found otherwise.

  • April 15, 2025

    McGuireWoods Immune From Defamation Case, NC Panel Told

    McGuireWoods LLP and a former partner have told a North Carolina state appeals court that they have absolute privilege over allegedly defamatory statements made in connection with an investigation into the former CEO of a managed care organization, arguing that the trial court should have granted them a pretrial win.

  • April 15, 2025

    4th Circ. Overturns Fee Award In Maryland Wage Dispute

    The Fourth Circuit upended an order awarding lower-than-requested fees to attorneys representing workers in an unpaid overtime lawsuit against a nail salon, ruling Tuesday that a lower court was wrong to give so much authority to Maryland hourly rate guidelines.

  • April 15, 2025

    DC Circ. Zaps FERC Fight Over Grain Belt Express Line

    A D.C. Circuit panel on Monday said Illinois landowners, farmers and residents fighting the $7 billion Grain Belt Express high-voltage transmission project lack standing to challenge a Federal Energy Regulatory Commission order that amended its negotiated rate authority.

  • April 15, 2025

    NJ Atty Disbarred For Misappropriating Estate Funds

    The New Jersey Supreme Court has disbarred an attorney after finding that he knowingly misappropriated funds from a client in an estate matter and then spent years ducking disciplinary authorities and practicing with a suspended license.

  • April 15, 2025

    Palin-NYT Libel Retrial Starts With Key Ruling For Paper

    Sarah Palin's second libel trial against The New York Times over a 2017 editorial began Tuesday after a Manhattan federal judge declined to tell jurors that the article was defamatory as a matter of law.

  • April 14, 2025

    6th Circ. Upends Oil Co.'s Injunction Against Ohio Landowner

    The Sixth Circuit on Monday reversed a district court's preliminary injunction that gave EOG Resources Inc. access to the surface of an Ohio deer hunting site for drilling operations, saying the injunction didn't prevent injury to EOG but actually caused the owner of the property irreparable harm.

  • April 14, 2025

    9th Circ. Says $24M Punitive Damages In Jail Death Too Steep

    A jury correctly determined that a healthcare contractor was liable for the death of a woman in custody in a Washington jail, a split Ninth Circuit panel ruled Monday, but its $24 million award for punitive damages was excessive.

  • April 14, 2025

    Fed. Circ. Hears Teva Challenge To J&J Schizophrenia Drug

    A Federal Circuit panel on Monday grappled with how to determine whether a dosage patent on Johnson & Johnson's blockbuster schizophrenia drug Invega Sustenna is invalid as obvious, questioning attorneys for the company and generics maker Teva about the proper analysis.

  • April 14, 2025

    4th Circ. Partly Backs $3.8M Award In 'Dickensian' Lease Row

    The Fourth Circuit on Monday partly affirmed and partly vacated a $3.8 million costs and fees award stemming from a soured lease agreement for a commercial building in Baltimore, potentially concluding more than 14 years of what the panel described as "Dickensian litigation."

  • April 14, 2025

    Insurers Not Liable For Counterfeit Drug Suit, 6th Circ. Says

    Insurers do not have to cover a Michigan pharmacy accused of selling counterfeit HIV medication, the Sixth Circuit affirmed Monday, finding that policy exclusions prevented the coverage.

  • April 14, 2025

    Senate Dems Seek Briefing On Threats To Federal Judges

    Democrats on the Senate Judiciary Committee announced Monday that they're asking the U.S. Marshals Service for a briefing on threats against federal judges.

  • April 14, 2025

    Groupon Urges Full Fed. Circ. To Undo Panel's IP Suit Revival

    Groupon Inc. is pushing the full Federal Circuit to intervene after a panel allowed Kroy IP Holdings to proceed with a suit accusing it of infringing unchallenged claims of partly invalidated patents.

  • April 14, 2025

    Michigan Justices Revive 911 Dispatcher's Whistleblower Suit

    The Michigan Supreme Court breathed new life into a former 911 operator's retaliation lawsuit on Monday, sending the case to a lower court to determine if the state's whistleblower protections cover the operator's criticism of the way a supervisor handled a call. 

  • April 14, 2025

    9th Circ. Revives Suit Over Calif. Refinery's Pollution

    A Ninth Circuit panel revived part of a class action that neighbors of a Torrance, California, refinery brought against Exxon Mobil Corp. and Torrance Refining Co. over its pollution, holding that a lower court misconstrued the scope of a trespass claim.

  • April 14, 2025

    Chiquita Wants New Trial In $38M Paramilitary Case

    Chiquita has told the Eleventh Circuit that the landmark $38 million verdict in a bellwether case in multidistrict litigation accusing the company of paying Colombian right-wing paramilitaries was the product of numerous errors by the district court, including an instruction that improperly gave jurors a "watered-down causation standard."

  • April 14, 2025

    Fed. Circ. Won't Revive Bid To Cancel Saints' Fleur-De-Lis TM

    The Federal Circuit on Monday threw out an appeal by a man claiming to be the descendant of French royalty who unsuccessfully tried to have the Trademark Trial and Appeal Board cancel the New Orleans Saints football team's fleur-de-lis design mark.

  • April 14, 2025

    Tesla's Arbitration Win Upended In Ex-Exec's Defamation Case

    A Ninth Circuit panel on Monday said a lower court judge wrongly confirmed a zero-dollar arbitration award in favor of Tesla and Elon Musk that dismissed a former Tesla engineer's defamation claims, saying the federal court didn't have jurisdiction because no money was awarded.

  • April 14, 2025

    7th Circ. Judge Skeptical Of NCAA Racial Bias Suit's Theory

    A Seventh Circuit judge on Monday pressed counsel for a student alleging that the NCAA's Academic Performance Program discriminates against student-athletes at historically Black colleges and universities to address how she could have standing to sue if her lacrosse team was not penalized under the challenged academic standards.

  • April 14, 2025

    Mich. Panel Says Car Insurance Fee Schedule Not Retroactive

    A Michigan appellate panel said a fee schedule governing benefits auto insurers must pay injured parties does not apply to injuries sustained before the fee schedule became law, determining the state insurance regulator's 2024 memo misinterpreted the rules.

  • April 14, 2025

    7th Circ. Won't Transfer Honeywell Pension Suit To NC

    The Seventh Circuit turned down Honeywell's bid to transfer a retiree's proposed class action alleging pension plan miscalculations from Illinois to North Carolina, finding the aerospace manufacturer's request for extraordinary appellate court relief was not justified.

  • April 14, 2025

    Conn. Justice Hints Lapsed Policy Row Should Go Before Jury

    A jury may need to decide whether a Connecticut insurance agency was duty-bound to tell a couple that their homeowners policy was not renewed ahead of a ruinous fire, a justice of the state's Supreme Court signaled Monday.

  • April 14, 2025

    4th Circ. Asked To Rethink Credit Union's Liability In Scam

    A metal fabricator asked the full Fourth Circuit to rethink a panel decision finding a credit union cannot be held liable for a scammer's use of its services to swindle the fabricator out of $560,000, saying the majority should have deferred to the district court's findings about the scheme.

  • April 14, 2025

    10th Circ. Revives Takings Suit Over Colo. Property Law

    The Tenth Circuit revived a suit filed by Colorado residents who claimed the state unconstitutionally used its unclaimed-property law to take their properties, finding the residents sufficiently claimed the state failed to provide just compensation.

Expert Analysis

  • Series

    In The CFPB Playbook: A Sprint To The Finish Line

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    The fourth quarter of 2024 was an impressive demonstration of the Consumer Financial Protection Bureau's ability to regulate, enforce and supervise, even on borrowed time following the election results, and we should expect the current bureau to run nonstop until Jan. 20, say attorneys at Covington.

  • Mich. Ruling Offers View On 'Occurrence' Coverage Definition

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    As demonstrated by a Michigan state court in its recent decision finding per-wound insurance coverage for a school shooting, the amount of coverage available under occurrence-based policies often depends on how courts interpret "occurrence," say attorneys at Hunton.

  • Rejoinder Strategy After Allergan Double-Patenting Case

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    A closer look at last year's Allergan v. MSN case at the Federal Circuit highlights the importance of rejoinder during patent prosecution in view of the risks associated with obviousness-type double patenting based on later-filed applications in the same patent family, say attorneys at BCLP.

  • What FARA Enforcement In 2024 Reveals For The Year Ahead

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    A number of developments, from indictments to legislation, shaped the Foreign Agents Registration Act enforcement landscape last year, and following the U.S. Department of Justice's recently released long-awaited proposed amendments to the law, 2025 shows no signs of slowing down, says Tessa Capeloto at Wiley.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • Lessons Learned From 2024's Top FMLA Decisions

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    Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

  • 5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle

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    The Fifth Circuit's recent en banc opinion vacating Nasdaq's board diversity listing rule wades into the hotly debated topic of diversity, equity and inclusion initiatives at a time when many public companies are navigating the attention that DEI commitments are drawing from activists and shareholders, say attorneys at Debevoise.

  • Lessons Learned From 2024's Top ADA Decisions

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    Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • The 6 Most Significant FCRA Litigation Developments Of 2024

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    From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.

  • Fed. Circ. In December: A Patent Prosecution History Lesson

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    Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.

  • The Securities Litigation Trends That Will Matter Most In 2025

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    2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • What To Watch For In The 2025 Benefits Landscape

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    While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.

  • Reviewing 2024's Crucial Patent Law Developments

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    As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.

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