Appellate

  • June 13, 2025

    Grassley Budget Bill Calls For More Use Of Injunction Bonds

    Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, has released his portion of the budget reconciliation text, which would bolster the use of injunction bonds to raise the stakes for plaintiffs seeking to halt White House initiatives.

  • June 13, 2025

    Fed. Circ. Remands Wine Trademark Dispute To TTAB

    The Federal Circuit on Friday revived a challenge that Chateau Lynch-Bages' launched against an application for a trademark with a similar name to the chateau's second-label Bordeaux wine, saying the Trademark Trial and Appeal Board must take another look.

  • June 13, 2025

    Ex-Defender Urges 4th Circ. To 'Fortify' Workplace Protections

    A former assistant public defender has doubled down on efforts to revive her sex bias suit against the federal judiciary, telling the Fourth Circuit that siding with the judiciary would further discourage its employees from speaking up or reporting abuse out of fear of retaliation.

  • June 13, 2025

    Mayer Brown Helps Get Man Off Death Row After 21 Years

    A team of Mayer Brown LLP attorneys fought for decades to get the death sentence of a Houston man commuted to life in light of the inmate's intellectual disability, in a case that shows how legal standards have evolved in an area once known as "death county."

  • June 13, 2025

    Colo. Appeals Upholds State Board Rules On Teacher Reviews

    A state appeals court sided with the Colorado State Board of Education in a challenge brought by an educators union against the board's new teacher performance evaluation system and the appeal process for those evaluations, precedentially ruling that the board acted within its delegated authority.

  • June 13, 2025

    NJ Judge Accepts Feds' New Bid To Keep Khalil Jailed

    A New Jersey federal judge on Friday declined Columbia graduate student Mahmoud Khalil's request to be released from immigration detention after the Trump administration said earlier in the day it has alternative grounds to keep him behind bars.

  • June 12, 2025

    Feds Urge 1st Circ. To Allow End Of Immigrant Parole Program

    The Trump administration Wednesday urged the First Circuit to lift a district court's block on the federal government from rescinding temporary Biden-era removal protections from more than 500,000 Cuban, Haitian, Nicaraguan and Venezuelan immigrants, saying the U.S. Supreme Court already hinted that the order was a mistake.

  • June 12, 2025

    Ex-UPS Workers Urge 9th Circ. To Revive State Law Claims

    An attorney for some former United Parcel Service workers urged a Ninth Circuit panel Thursday to undo a decision barring them from proceeding with some state employment claims because the workers memorialized them on union grievance forms, telling the panel the claims aren't preempted by federal law.

  • June 12, 2025

    7th Circ. Backs Hartford's Denial Of Benefits To Ex-PwC Exec

    The Seventh Circuit on Thursday refused to revive a lawsuit by a former PricewaterhouseCoopers LLP executive accusing the accounting firm's disability insurance provider of wrongly denying her long-term disability benefits for her fibromyalgia, affirming a lower court's "detailed and diligent opinion" that found her condition limiting, but not disabling.

  • June 12, 2025

    Publisher Slams Lindberg's 'Inappropriate' Use Of Affidavit

    A publisher seeking to collect on a $1.24 million judgment from a Florida holding company linked to convicted insurance fraudster Greg Lindberg pushed back Wednesday at Lindberg's bid to avoid the payout, telling a North Carolina appeals court that it's "inappropriate" of him to use a 2-year-old filing in a separate case to back his argument.

  • June 12, 2025

    Arbitration Order Reversed In Fla. Medical Office Battery Case

    A Florida state appellate court reversed an order for a doctor's lawsuit alleging she was battered by a fellow shareholder of their medical practice to be resolved out of court, allowing the case to be tried before a jury.

  • June 12, 2025

    Mitek's Bid To Be Cleared On USAA Patents Fails At Fed. Circ.

    The Federal Circuit on Thursday barred banking software company Mitek Systems from seeking a declaration that it doesn't infringe United Services Automobile Association's mobile check-deposit patents, saying Mitek has not shown that it is likely to be sued.

  • June 12, 2025

    6th Circ. Skeptical Of Auto Co.'s NLRB Constitutionality Suit

    A Sixth Circuit panel appeared unlikely Thursday to back an auto parts manufacturer's request to block a National Labor Relations Board prosecution because of alleged constitutional defects in the agency's structure, as the judges probed whether an agency judge's decision against the company and the board's lack of a quorum affect the dispute.

  • June 12, 2025

    8th Circ. Upholds Block On Minn. Generic-Drug Price Law

    The Eighth Circuit on Thursday backed a lower court's preliminary injunction blocking a Minnesota law that prohibits pharmaceutical manufacturers from imposing an "excessive" price increase on generic or biosimilar drugs, agreeing that the law is likely unconstitutional in regulating prices charged nationwide.

  • June 12, 2025

    Live Nation Defending 'Unfair' Arbitration, Justices Told

    Concertgoers suing Live Nation over allegedly anticompetitive conduct urged the U.S. Supreme Court on Thursday not to take up the company's bid to force them into arbitration, arguing that lower courts rightly dinged a switch to a new arbitrator with strict rules meant to limit mass arbitration tactics by the plaintiffs' bar.

  • June 12, 2025

    'Forum Shopping' Center Stage At 6th Circ. Drug Pricing Args

    As part of an expansive effort to tee up U.S. Supreme Court review, pharmaceutical industry-backed opponents of Medicare's drug price negotiations entered less-than-hospitable territory at the Sixth Circuit, where judges pointedly questioned a local business group's basis for challenging a national healthcare program.

  • June 12, 2025

    PNC Gets Fed. Circ. To Undo Its $223M Patent Loss To USAA

    The Federal Circuit on Thursday wiped out two jury verdicts totaling nearly $223 million that United Services Automobile Association won against PNC Bank on mobile check deposit patents, finding the patents cover only abstract ideas.

  • June 12, 2025

    USPTO Tells Fed. Circ. Not To Review Ruling In Xencor Case

    The U.S. Patent and Trademark Office has found that the full Federal Circuit doesn't need to review a decision rejecting Xencor Inc.'s application for an antibody patent, saying that a panel of the appellate court applied the right standard.

  • June 12, 2025

    Wash. Justice Doubts Both Sides In Election Law Fight

    A Washington Supreme Court justice said Thursday he believed a political action committee and county auditor are both wrong about the disputed meaning of a state law governing city charter amendment elections, as he and his colleagues flagged discrepancies in the parties' arguments.

  • June 12, 2025

    6th Circ. Probes County's Push To Upend Worker's ADA Win

    The Sixth Circuit had tough questions Thursday for a Tennessee county trying to upend a jury win for a worker with night blindness who said her firing violated disability bias law, with one judge saying the county relied on a decision issued before the law's definition of disability was expanded.

  • June 12, 2025

    3rd Circ. Will Reconsider Shipbuilder's Ch. 11 Reopening Bid

    The Third Circuit said Thursday that it will reconsider whether to reopen Congoleum Corp.'s 2003 Chapter 11 bankruptcy so the bankruptcy court, not a district court, can say whether Congoleum affiliate Bath Iron Works should share liability for cleaning up a polluted New Jersey river.

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • Series

    Florida Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of 2025 saw the Trump administration's crypto-forward approach permeate the banking industry, including Florida banking institutions, and a Fourth District Court of Appeal decision provide a new precedent for borrower/lender standing, say attorneys at Kozyak Tropin.

  • Meta Case Brings Customer-Facing Statements Issue To Fore

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    Now that Facebook v. Amalgamated Bank has returned to California federal court after the U.S. Supreme Court in November found it improvidently granted certiorari, it will be worth watching whether customer-facing communications, such as Facebook's privacy policies, are found to be made in connection with the sale of a security, says Samuel Groner at Fried Frank.

  • A Cold War-Era History Lesson On Due Process

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    The landmark Harry Bridges case from the mid-20th century Red Scare offers important insights on why lawyers must be free of government reprisal, no matter who their client is, says Peter Afrasiabi at One LLP.

  • Home Depot Ruling Tolls Death Knell For 'Silent Cyber'

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    The Sixth Circuit's recent ruling that Home Depot's insurers did not have to cover costs from a data breach hammered one more nail in the coffin of silent cyber, where coverage is sought under standard property or commercial general liability policies that were not intended to insure cyberattack claims, say attorneys at Zelle.

  • Series

    Improv Makes Me A Better Lawyer

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    Improv keeps me grounded and connected to what matters most, including in my legal career where it has helped me to maintain a balance between being analytical, precise and professional, and creative, authentic and open-minded, says Justine Gottshall at InfoLawGroup.

  • How BigLaw Executive Orders May Affect Smaller Firms

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    Because of the types of cases they take on, solo practitioners, small law firms and public interest attorneys may find themselves more dramatically affected by the collective impact of recent government action involving the legal industry than even the BigLaw firms named in the executive orders, says Reuben Guttman at Guttman Buschner.

  • Texas Case Shows Why Juries Are Well-Suited To COVID Suits

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    The original jury verdict in Baylor College of Medicine v. Lloyd's, currently on appeal to the Texas Supreme Court after being overturned by an appellate panel, illustrates why COVID-19 business interruption claims with their case-specific facts need to be decided by juries, not by judges using a one-size-fits-all approach, says Jeremy Lawrence at Farella Braun.

  • Filial Consortium Claims' Future After Conn. High Court Ruling

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    While the Connecticut Supreme Court recently ruled for defendants in rejecting parents’ attempt to recover loss of companionship damages in a severe child injury case, there is still potential for the plaintiffs bar to lobby for a law that would allow filial consortium claims, Glenn Coffin at Gordon Rees.

  • 4th Circ. Health Data Ruling Opens Door To State Law Claims

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    In Real Time Medical v. PointClickCare, the Fourth Circuit recently clarified that state law claims can rest in part on violations of a federal law that prohibits electronic health information blocking, expanding legal risks for health IT companies and potentially creating exposure to a range of competitive implications, say attorneys at BCLP.

  • Opinion

    Lawsuits Shouldn't Be Shadow Assets For Foreign Capital

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    Third-party litigation financing amplifies inefficiencies from litigation and facilitates national exposure to foreign influence in the U.S. justice system, so full disclosure of financing arrangements should be required as a matter of institutional integrity, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • 2 Del. Rulings Reinforce Proof Needed For Records Demands

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    Two recent Delaware Court of Chancery decisions involving Amazon and Paramount Global illustrate the significance of the credible basis standard on books and records requests, underscoring that stockholders seeking to investigate wrongdoing must come forward with actual evidence of misconduct — not mere allegations, say attorneys at Cleary.

  • How To Accelerate Your Post-Attorney Career Transition

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    Professionals seeking to transition to nonattorney careers may encounter skepticism as nontraditional candidates, but there are opportunities for thought leadership and to leverage speaking and writing to accelerate a post-attorney career transition, say Janet Falk at Falk Communications and Evgeny Efremkin at Toronto Metropolitan University.

  • Series

    Law School's Missed Lessons: Be An Indispensable Associate

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    While law school teaches you to research, write and think critically, it often overlooks the professional skills you will need to make yourself an essential team player when transitioning from a summer to full-time associate, say attorneys at Stinson.

  • Series

    Birding Makes Me A Better Lawyer

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    Observing and documenting birds in their natural habitats fosters patience, sharpens observational skills and provides moments of pure wonder — qualities that foster personal growth and enrich my legal career, says Allison Raley at Arnall Golden.

  • Justices May Clarify What IP Competitors In Litigation Can Say

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    If the U.S. Supreme Court agrees to weigh in on Atturo Tire v. Toyo Tire, it may be able to provide guidance on the murky questions surrounding what companies enforcing their intellectual property against competitors are allowed to say in public, say attorneys at Ballard Spahr.

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