Appellate

  • May 02, 2025

    3 Argument Sessions Benefits Attys Should Watch In May

    The Eleventh Circuit will hear arguments from former seafood company workers who say they were overcharged when they purchased their employer’s stock, while the Sixth Circuit tackles appeals from Kellogg and FedEx retirees who say they were shorted on benefits because of outdated mortality data. Here’s three arguments to keep an eye on in May.

  • May 02, 2025

    Connecticut Firm Can't Reargue Ruling In Lawsuit Over Scam

    Connecticut law firm Mancini Provenzano & Futtner LLC may not reargue an attorney fee and prejudgment interest awarded to a former client who was tricked by a fraudster into wiring $90,586 to an incorrect account due to the firm's lax security, a state superior court judge has ruled.

  • May 02, 2025

    Houston Atty Can't Beat Sanctions In Hospital Firing Suit

    A Texas state appellate court has said a Houston attorney is on the hook for more than $11,000 in fees for ignoring an area hospital's discovery requests and failing to appear in court in a wrongful termination lawsuit the attorney filed on behalf of a podiatrist.

  • May 02, 2025

    DC Circ. Seems Unconvinced That Proxy Firms 'Solicit'

    An industry group's bid to revive a U.S. Securities and Exchange Commission rule regulating proxy advisory firms seemed to meet a skeptical D.C. Circuit panel on Friday, as the judges questioned whether those firms "solicit" proxy votes.

  • May 02, 2025

    Off The Bench: DC Stadium, BetMGM Victory, Transfer Rules

    In this week's Off The Bench, the Washington Commanders strike a deal to build a new stadium in D.C., BetMGM fends off a consumer fraud suit targeting its gambling promotion efforts and a Rutgers University football player scores another win against the NCAA's transfer rules.

  • May 02, 2025

    3rd Circ. Says County Judges Need Notice To Pull Probation

    The Third Circuit on Friday partly revived claims from criminal defendants who said they were jailed for alleged probation violations too hastily and too long by Allegheny County, Pennsylvania, Judges Jill Rangos, Anthony Mariani and Kelly Bigley, but the split panel declined to require more than "probable cause" for someone to be returned to jail.

  • May 02, 2025

    NC Farmers Say Fight With Crop Insurer Must Stay In Court

    A suit by six tobacco farmers lodging tort claims against their crop insurer should proceed in state court, they told a North Carolina appeals court, arguing that an arbitration provision in their policy applies only to disputes over a coverage determination.

  • May 02, 2025

    Community Groups Accept Pause In CTA Litigation

    A group of community associations has told the Fourth Circuit they aren't opposed to a government motion to pause litigation over the Corporate Transparency Act, even as they maintained the information disclosure law aimed at small businesses still carries constitutional flaws.

  • May 02, 2025

    DC US Atty Pick Vows To Take On Judicial Threats

    Ed Martin, nominee to be U.S. attorney for the District of Columbia who is currently serving in the role on an interim basis, has told federal judges in D.C. he is concerned about the increase in threats to judges and pledged to work together to stop it.

  • May 02, 2025

    Trump Announces First Judicial Nominee Of 2nd Term

    President Donald Trump announced his first judicial nominee of his second administration late Thursday night.

  • May 01, 2025

    New Bill Holds Judges Accountable Even After They Retire

    A Georgia Congressman on Thursday introduced legislation that would ensure misconduct complaints against judges would still be investigated, even if the judge has resigned, retired or even died.

  • May 01, 2025

    2nd Circ. Won't Revive Privacy Suit Over Video Data Sharing

    The Second Circuit on Thursday upheld the toss of a proposed class action accusing digital streaming provider Flipps Media Inc. of unlawfully sharing video-viewing information with Meta Platforms Inc., finding that the disclosed data didn't fall within the scope of the federal Video Privacy Protection Act. 

  • May 01, 2025

    Troops Urge High Court To Keep Transgender Ban On Ice

    Several transgender service members and recruits told the U.S. Supreme Court on Thursday to reject the Trump administration's bid to lift a federal judge's order prohibiting implementation of the Pentagon's ban on transgender military service, claiming the policy is so deeply rooted in animosity that it won't survive judicial inspection.

  • May 01, 2025

    Worker Can't Ring Own Class's 'Death Knell,' Calif. Panel Says

    A former construction company employee can't appeal an order denying his class certification motion in a putative wage and hour class action, a California state appeals court has ruled, finding it does not qualify under the so-called death knell doctrine because Private Attorneys General Act claims remained active when he appealed.

  • May 01, 2025

    DC Circ. Doubts Venezuelan State Oil Co. In Asset Seizure Suit

    The D.C. Circuit was having a hard time Thursday with a Venezuelan state-owned oil company's arguments that it should be allowed out of a nearly 14-year-old suit brought by an Oklahoma-based petroleum drilling company that claims its drilling rigs were illegally seized by the state.

  • May 01, 2025

    Unlockd Tells 9th Circ. Google Harms Ad Market Competition

    A defunct advertising app that alleged Google's decision to boot it from the Google Play Store harmed market competition for digital advertising asked the Ninth Circuit to reinstate its claims, arguing Wednesday the lower court wrongly concluded that eliminating a "nascent competitor" in a large market didn't rise to antitrust injury.

  • May 01, 2025

    Fla. Condo Wins Noise Dispute With Autistic Man's Family

    A Florida appellate panel ruled in favor of a condominium association in a lawsuit over a noise dispute between a family caring for their autistic son and a neighbor, finding no evidence that the family faced discrimination in violation of housing laws.

  • May 01, 2025

    Fla. Panel Reverses Default Judgment In Prized Horses Suit

    A Florida appeals court Wednesday reversed a default judgment against a show horse owner in a dispute with investors, ruling that the court jumped the gun on the judgment after learning the owner faked brain cancer treatment to get preferred hearing dates.

  • May 01, 2025

    'Fingers Crossed' At FCC As Court's Subsidy Ruling Closes In

    There's plenty of hand-wringing at the Federal Communications Commission as a U.S. Supreme Court decision draws near over the legality of the revenue-raising scheme used to pay for more than $9 billion in broadband and phone service subsidies.

  • May 01, 2025

    NY School District Appeals Mascot Ban While Feds Investigate

    A Long Island, New York, school district is appealing a decision that denied its bid to block a ban on the use of Indigenous mascots and names in public schools, while the federal government investigates the state's education department and board of regents alleging Civil Rights Act violations.

  • May 01, 2025

    Fla. Appeals Court Puts Condo Damage Suit To Bed

    A Florida state appeals court upheld the dismissal of a condo's Hurricane Irma damage lawsuit against a Florida entity created to handle the claims for insolvent insurers, finding it was time-barred.

  • May 01, 2025

    5 Fed. Circ. Clashes To Watch This Month

    The Federal Circuit's argument calendar for May includes appeals of two nine-figure patent verdicts — one against Apple and one against Medtronic — and Roku's bid to revive its remote control patent suit at the U.S. International Trade Commission after a loss tied to the commission's domestic industry requirement.

  • May 01, 2025

    States, Green Groups Look To Vacate NEPA Ruling

    States that had asked the Eighth Circuit to revive vacated National Environmental Policy Act regulations are now abandoning their appeal because the White House has eliminated the standards — but they're still asking that a lower court's decision striking down the regulations be overturned.

  • May 01, 2025

    GOP Seeks To Stop 'Frivolous Lawsuits' With Reconciliation

    The House Judiciary Committee approved along party lines a proposal they say will prevent "frivolous lawsuits" by barring courts from enforcing contempt citations for failure to comply with injunctions if the plaintiff has not posted a bond for litigation costs.

  • May 01, 2025

    DHS Urges Justices To Let Venezuelan Protections Be Undone

    The U.S. Department of Homeland Security turned to the nation's highest court on Thursday, asking the justices to pause a nationwide injunction blocking the agency from undoing the Biden administration's extension of temporary protected status for Venezuela during its appeal.

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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