Appellate

  • October 01, 2025

    Fed. Circ. Sends Social Media Patent Fight Back To PTAB

    The Federal Circuit on Wednesday partly revived Snap's challenge to substitute claims in a You Map patent covering a way of displaying social media posts on a map, finding that the Patent Trial and Appeal Board needs to take another run at the issue.

  • October 01, 2025

    Va. Prosecutor Indicting Comey Tapped For Full US Atty Role

    The interim U.S. attorney for the Eastern District of Virginia, who is bringing charges against former FBI Director James Comey, has been tapped by President Donald Trump for the full-term role.

  • October 01, 2025

    4th Circ. Nixes Cannabis Entrepreneur's Rehearing Bid

    The Fourth Circuit on Tuesday rejected a California cannabis entrepreneur's request for an en banc rehearing of her case after a panel rejected her bid to upend Maryland's marijuana social equity licensing program.

  • October 01, 2025

    4th Circ. Won't Rethink Dance Teachers' Use Of 'Inspire' Name

    The Fourth Circuit has rejected a North Carolina charter school's request to reconsider blocking two former teachers from using the name "Inspire" for their dance company, dealing the school another blow in its trademark infringement and false advertising suit.

  • October 01, 2025

    Mass. Court May Reluctantly Back DQ In Cannabis Feud

    A "frustrated" intermediate appellate court in Massachusetts appeared unlikely Wednesday to second-guess a lower court's disqualification of counsel in a dispute over control of a cannabis business, even as it questioned whether it would make any difference in the ultimate outcome.

  • October 01, 2025

    Ga. Panel Backs Doctors In Brothers' Suit Over Mom's Death

    A Georgia appeals panel has sided with a pair of doctors and their employers in a suit by brothers alleging a failure to quickly diagnose their mother before she was paralyzed, saying the trial court did not incorrectly instruct the jury on the definition or application of gross negligence.

  • October 01, 2025

    Pick For Del.'s 3rd Circ. Seat Advances Despite Few State Ties

    Jennifer L. Mascott, nominee for a Delaware seat on the Third Circuit, who is currently serving in the White House Counsel's Office and has come under scrutiny for her lack of ties to the state, had her nomination voted out of committee along party lines Wednesday.

  • October 01, 2025

    High Court Lets Fed's Cook Keep Job For Now

    The U.S. Supreme Court said Wednesday that it will wait to hear oral arguments early next year before ruling on President Donald Trump's bid to immediately oust Federal Reserve Gov. Lisa Cook, a move that will allow her to remain on the job in the meantime.

  • September 30, 2025

    Feds Press 2nd Circ. To Nix Students' Removal Challenges

    The Trump administration on Tuesday urged the Second Circuit to reverse lower courts' findings that led to the release of two college students who say they were wrongly detained by immigration officials for expressing pro-Palestinian views, attacking the notion that they're able to bring habeas corpus challenges to their detention. 

  • September 30, 2025

    Full 5th Circ. To Revisit Trump Use Of Wartime Removal Law

    The Fifth Circuit on Tuesday ordered all of its judges to revisit a split decision that found President Donald Trump's proclamation invoking the 1798 Alien Enemies Act to deport alleged Venezuelan gang members to be likely unlawful.

  • September 30, 2025

    3rd Circ. Parses 'Could' And 'Would' In Lipitor Lawsuit

    A Third Circuit panel questioned Tuesday whether drug wholesalers and health plans had offered enough evidence that Pfizer Inc. and Ranbaxy Laboratories Ltd. conspired to delay generic competition for the cholesterol drug Lipitor, focusing on whether the U.S. Food and Drug Administration would have approved the competitor earlier than November 2011.

  • September 30, 2025

    Wash. University Can't Get COVID-19 Insurance Suit Revived

    A Washington appellate panel has affirmed a state university's defeat in a lawsuit seeking insurance coverage for $63 million in business losses from a COVID-induced shutdown, concluding on Tuesday that the pandemic didn't amount to property damage covered under an all-risk policy.

  • September 30, 2025

    Biogen Told To Pay Genentech $88M After IP Royalties Mistrial

    Biogen MA Inc. owes Genentech Inc. more than $88 million in royalties related to expired patents, a California federal judge ruled Tuesday in a rare post-mistrial verdict arrangement.

  • September 30, 2025

    DC Circ. To Decide If Renewable Fuel Exemption Fight Moot

    The D.C. Circuit was full of questions Tuesday morning about whether it should or should not consider moot a challenge to an Environmental Protection Agency policy regarding how the agency accounts for retroactive exemptions when setting renewable fuel standards.

  • September 30, 2025

    4 Federal Circuit Clashes To Watch In October

    The Federal Circuit will hear arguments next week in cases where a nearly $42 million patent win for Seagen hangs in the balance due to a later post-grant review invalidity decision and where Regenxbio is seeking to undo the invalidation of its gene therapy patent for covering a natural product.

  • September 30, 2025

    Fed. Circ. Largely Unravels $4M Judgment In Curtain IP Fight

    The Federal Circuit overruled most of a New York federal judge's $4 million infringement judgment against two hospitality providers on Tuesday, in a multifaceted appeal over hookless shower curtains.

  • September 30, 2025

    9th Circ. Unwinds $312K Fees In Labor Suit Against Walmart

    While a former Sam's Club worker is entitled to fees for the $22,000 settlement of her individual labor claims against the chain and its parent Walmart, the Ninth Circuit on Tuesday vacated the $312,429 in fees and costs she was awarded by the lower court because it simply granted the fee award without sufficiently explaining why.

  • September 30, 2025

    Texas Court Upends $13M Home Care Car-Train Crash Verdict

    A Texas appeals court has vacated a $13 million verdict against a home care provider over a car-train crash that killed one of its clients and injured his wife, saying the trial court instructed the jury incorrectly and the evidence did not show that the provider's employee was acting in the course and scope of her employment.

  • September 30, 2025

    Murdaugh's Banker Sentenced To 60 Months After Guilty Plea

    The onetime bank CEO who pled guilty in South Carolina federal court to helping ex-lawyer and convicted murderer Alex Murdaugh steal client money has been sentenced to 60 months in prison, the same amount specified in his plea deal.

  • September 30, 2025

    Ex-Defender Urges 4th Circ. To Revisit Pro Bono Team Exit

    A former assistant public defender asked the full Fourth Circuit to remand or rehear the question of whether her pro bono legal team had good cause to quit on the eve of trial in her sexual harassment lawsuit against the federal judiciary, saying a denial would permit any attorney to decamp from a client's case on the "flimsiest of pretenses."

  • September 30, 2025

    9th Circ. Asked To Rethink Las Vegas Hotel Pricing Ruling

    A proposed class of Las Vegas casino-hotel guests told the Ninth Circuit in a rehearing en banc petition that the entire court must reconsider its prior ruling for their antitrust claims, which alleged that hotel operators and two hospitality software companies conspired to hike up hotel room prices.

  • September 30, 2025

    Union Pacific Takes Chicago Metra Lines Fight To 8th Circ.

    Union Pacific told the Eighth Circuit that a federal rail regulator acted arbitrarily when it recently granted terminal trackage rights on three of its rail lines to Metra, Chicago's commuter rail system, the latest escalation in a yearslong contractual dispute over access to the crucial rail hub.

  • September 30, 2025

    DC Circ. Upholds Contempt Order Against Ex-Fox Journalist

    A D.C. Circuit panel on Tuesday affirmed a lower court's contempt order against a former Fox News journalist who refused to reveal a confidential source that leaked FBI investigation materials about a Chinese American scientist.

  • September 30, 2025

    TPS Advocates Urge Justices Not To Disturb Lower Court Win

    An immigration advocacy organization has urged the U.S. Supreme Court not to halt a district court ruling that found unlawful the Trump administration's attempt to unwind temporary deportation protections for Venezuelans, saying the government had no basis for such emergency relief.

  • September 30, 2025

    10th Circ. Says Robbery Wasn't 'Violent,' Nixing Gun Sentence

    A split Tenth Circuit panel on Tuesday vacated a 20-year prison sentence for an Oklahoma man who was charged with being a felon in possession of a firearm after police searched him during a robbery investigation at his own home.

Expert Analysis

  • Series

    Performing As A Clown Makes Me A Better Lawyer

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    To say that being a clown in the Macy’s Thanksgiving Day Parade has changed my legal career would truly be an understatement — by creating an opening to converse on a unique topic, it has allowed me to connect with clients, counsel and even judges on a deeper level, says Charles Tatelbaum at Tripp Scott.

  • 9th Circ. Ruling Is Turning Point For Private Funds In 401(k)s

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    The Ninth Circuit's decision in Anderson v. Intel reinforces that the Employee Retirement Income Security Act's duty of prudence permits fiduciaries to use private market assets in diversified funds, yet it also exposes the persistent litigation and regulatory uncertainties that continue to temper wider adoption in 401(k) plans, say attorneys at Debevoise.

  • Perspectives

    Justices' Sentencing Ruling Is More Of A Ripple Than A Wave

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    The U.S. Supreme Court’s decision last week in Esteras v. U.S., limiting the factors that lower courts may consider in imposing prison sentences for supervised release violations, is symbolically important, but its real-world impact will likely be muted for several reasons, say attorneys at Perkins Coie.

  • DOJ Atty Firing Highlights Tension Between 2 Ethical Duties

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    The U.S. Department of Justice's recent firing of a prosecutor-turned-whistleblower involved in the Abrego Garcia v. Noem case illustrates the tricky balancing act between zealous client advocacy and a lawyer’s duty of candor to the court, which many clients fail to appreciate, says David Atkins at Yale Law School.

  • Series

    Law School's Missed Lessons: Rejecting Biz Dev Myths

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    Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein.

  • Trade In Limbo: The Legal Storm Reshaping Trump's Tariffs

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    In the final days of May, decisions in two significant court actions upended the tariff and trade landscape, so until the U.S. Supreme Court rules, businesses and supply chains should expect tariffs to remain in place, and for the Trump administration to continue pursuing and enforcing all available trade policies, say attorneys at Ice Miller.

  • Shareholder Takeaways From NY Internal Affairs Doctrine Suit

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    A May New York Court of Appeals decision in Ezrasons v. Rudd involving Barclays — affirming the state's "firmly entrenched" internal affairs doctrine — is a win for all corporate stakeholders seeking stability in resolving disputes between shareholders and directors and officers, say attorneys at Sadis & Goldberg.

  • Move Beyond Surface-Level Edits To Master Legal Writing

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    Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.

  • 3 Rulings May Reveal Next Frontier Of Gov't Contract Cases

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    Several U.S. Supreme Court decisions over the past year — involving wire fraud, gratuities and obstruction — offer wide-ranging and arguably conflicting takeaways for government contractors that are especially relevant given the Trump administration’s focus on diversity, equity and inclusion initiatives, say attorneys at Rogers Joseph.

  • NCAA Settlement Kicks Off New Era For Student-Athlete NIL

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    A landmark settlement stemming from 15 years of litigation between schools and the NCAA reflects a major development in college athletics by securing compensation for usage of student-athletes' names, images and likenesses, and schools hoping to take advantage of new opportunities should take proactive steps to comply with new rules, say attorneys at Manatt.

  • 7th Circ. Insurance Ruling Resolves Major Jurisdictional Issue

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    The Seventh Circuit recently confirmed in StarStone Insurance v. Chicago that attorney fees and costs paid as part of a settlement are covered — while unexpectedly raising and answering a question of first impression about federal jurisdiction over foreign entities, says Lara Langeneckert at Barnes & Thornburg.

  • DOJ May Rethink Banning Firearms For Marijuana Users

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    In light of various federal circuit court decisions and an executive order from President Donald Trump, U.S. Department of Justice enforcement policy now may be on the verge of changing decidedly in favor of marijuana users' gun rights, and could foreshadow additional marijuana-friendly reforms, says Jacob Raver at Dentons.

  • EDNY Ruling May Limit Some FARA Conspiracy Charges

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    Though the Eastern District of New York’s recent U.S. v. Sun decision upheld Foreign Agents Registration Act charges against a former aide to New York Gov. Kathy Hochul, its recognition of an affirmative legislative policy to exempt some officials may help defendants charged with related conspiracies, say attorneys at ArentFox Schiff.

  • 9th Circ. Has Muddied Waters Of Article III Pleading Standard

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    District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.

  • Fla. Workers' Comp Ruling Ups Bar For Emotional Injury Suits

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    A Florida appellate court’s recent opinion in Steak 'N Shake v. Spears requires that employees solely claiming emotional distress seek workers’ compensation before suing their employers, closing a potential loophole and reducing the potential proliferation of such disputes in Florida courts, says Rob Rogers at Kirwin Norris.

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