Appellate

  • August 08, 2025

    Trump Gets Explanation Of 2nd Circ. Refusal To Sub In Feds

    The Second Circuit said Friday that President Donald Trump's bid to substitute the federal government for him as a defendant in his defamation fight with writer E. Jean Carroll came too late, dealing him a blow after his $83.3 million jury trial loss.

  • August 08, 2025

    Pennsylvania Litigation Highlights Of The 1st Half Of 2025

    In the first half of 2025, Pennsylvania judges have created a federal and state court split in a $175 million verdict against Monsanto in Philadelphia's Roundup mass tort, reduced the tax fraud sentence of a member of the family behind an iconic Philadelphia cheesesteak shop and permanently barred a college apparel company from copying Penn State trademarks. 

  • August 08, 2025

    New Jersey Litigation Highlights For The 1st Half Of 2025

    More than halfway through 2025, the New Jersey legal community has seen the state lose its case against one of the most politically connected figures to never hold office, as well as the federal government dropping its case against two former technology executives accused of bribing foreign officials. Here are some of the biggest decisions and ongoing cases to watch for the rest of the year.

  • August 07, 2025

    2nd Circ. Says Trial Atty With Brain Disease Not 'Ineffective'

    The Second Circuit on Thursday affirmed the convictions of a former New York City law enforcement union president along with its ex-financial adviser for defrauding members out of $500,000, rejecting among contentions that one defense lawyer's abilities were impaired at trial by a fast-moving neurodegenerative disease.

  • August 07, 2025

    Trump Admin Asks Justices To Halt ICE Arrest Limits In LA

    The Trump administration on Thursday asked the U.S. Supreme Court to pause a California federal court's order temporarily blocking the government from conducting immigration arrests in the Los Angeles area without probable cause, arguing that it threatens officials' ability to enforce immigration laws.

  • August 07, 2025

    Mass. Court Clairifies Sentencing For Large Capacity Firearms

    A Massachusetts appeals court clarified sentencing for unlawful possession of large capacity firearms and feeding devices Thursday, explaining the sentence for a non-licensed offender must have a maximum of at least 2.5 years, ordering resentencing of a man who faced up to one year and one day.

  • August 07, 2025

    9th Circ. Says Attys Can't Get $920K Fees For $8K Trial Win

    The Ninth Circuit affirmed a lower court's decision Thursday to deny a request of over $920,000 in attorney fees from the creator of two strategic problem-solving charts following her jury trial win of $8,000 in a copyright infringement case, saying the district court property articulated the reasons for the denial.

  • August 07, 2025

    Insurers Say Property Co.'s $7M Ida Claim Must Be Arbitrated

    A lower court order forcing a New Orleans property owner to arbitrate its $7 million Hurricane Ida damage claim against its domestic insurers should be reinstated, a group of carriers told the Fifth Circuit on Thursday, saying the New York Convention mandates the enforcement of the policy's arbitration provision.

  • August 07, 2025

    NY Court Affirms Assault Conviction, But Raises Jury Issue

    A man convicted of assaulting a woman in his home with a hammer saw his convictions largely upheld by a New York state appellate court panel Thursday, but dissenting judges said that he deserved a new trial on grounds that an anonymous jury was used improperly.

  • August 07, 2025

    9th Circ. Revives Homeowners' 'Reverse Mortgage Loan' Suit

    A Ninth Circuit panel has revived a proposed class action against a company offering homeowners cash in exchange for a slice of their home equity, finding a Washington couple has shown their arrangement amounted to a reverse mortgage loan subject to special statutory requirements.

  • August 07, 2025

    Colo. Court Backs Landlord's Right To 'Fees On Fees'

    In the first Colorado appellate decision to consider whether a prevailing party may recover attorney fees incurred to enforce a contractual fee-shifting provision, a state appellate panel ruled Thursday that a Denver coffee shop's landlord is entitled to an award of such fees.

  • August 07, 2025

    Motorola Surveillance App Teed Up For 1st Circ. Review

    The First Circuit should decide whether a Motorola app designed to allow police to record calls without informing the person on the other line was illegal in and of itself, said a Massachusetts federal judge overseeing a suit from four men who argue that it was.

  • August 07, 2025

    7th Circ. Affirms 25-Year Drug Sentence, OKs Voice ID At Trial

    The Seventh Circuit on Thursday upheld a narcotics distribution conviction of a former owner of a Texas trucking company whose drug ring transporting hundreds of pounds of cocaine and heroin was discovered after a co-conspirator recorded a call with the man and provided a copy to federal agents.

  • August 07, 2025

    7th Circ. Affirms ExxonMobil's Win In Ex-Worker's Bias Suit

    The Seventh Circuit has upheld summary judgment for ExxonMobil in a discrimination and retaliation suit brought by a former employee, saying that, while it was clear she worked in a "toxic" workplace, her allegations weren't supported by the evidence in the record.

  • August 07, 2025

    2nd Circ. Says Asylum Status Must Be Current For Green Card

    Asylees seeking green cards must maintain their current asylum status when doing so, a split Second Circuit ruled in a published opinion Thursday, saying two individuals from Egypt and Guatemala couldn't seek lawful permanent residency because their asylum statuses had terminated.

  • August 07, 2025

    Fla. Court Tosses Habeas Bid In Robbery Case

    A Florida appeals court has ruled that an indictment in a robbery and assault case cannot be overturned by a self-filed habeas petition from the defendant who claims the charging document lacked sufficient evidence about the date and time of the burglary assault charges.

  • August 07, 2025

    9th Circ. Backs Seattle's Win In Housing Ordinance Suit

    The Ninth Circuit affirmed Seattle's lower court victory against a suit filed by landlords challenging a 2017 city housing law that, among other restrictions, prevents landlords from requiring prospective tenants to disclose whether or not they have criminal records.

  • August 07, 2025

    4th Circ. Revives Suit Over Threats To Trans Teen At School

    A split Fourth Circuit panel on Thursday partially revived a grandmother's suit against the Appomattox County School Board and several of its employees over their handling of her grandchild's apparent gender transition, saying she sufficiently alleged that the school acted with "deliberate indifference" to threats against the child.

  • August 07, 2025

    6th Circ. Halts FirstEnergy Production Of Bribery Probe Docs

    The Sixth Circuit on Thursday prevented shareholders of FirstEnergy Corp. from immediately accessing investigative documents prepared by BigLaw firms in the wake of a $1 billion bribery scandal, ruling that the utility company was likely to succeed in its claims that the disclosures were protected by attorney-client privilege.

  • August 07, 2025

    5th Circ. Strikes Guatemalan's Reentry Reporting Mandate

    A Fifth Circuit panel vacated a condition of a Guatemalan citizen's supervised release that requires him to report to a probation office every time he enters the United States, citing a conflict between the court's oral and written sentencing.

  • August 07, 2025

    Connecticut Litigation Highlights In The 1st Half Of 2025

    Two separate royalty disputes — one $90 million, the other $4 million — involving two giants in the alcoholic beverages market are among the top corporate cases that crossed Connecticut court dockets in the first half of 2025.

  • August 07, 2025

    5th Circ. Denies Fees For Activision After Call Of Duty TM Win

    The Fifth Circuit has found a Texas federal judge did not abuse his discretion when he denied video game publisher Activision's request for attorney fees after defeating a trademark infringement suit brought by a former professional wrestler.

  • August 07, 2025

    10th Circ. Upholds Okla. Law Banning Trans Care For Minors

    The Tenth Circuit declined to block an Oklahoma law banning gender-affirming care for transgender minors, ruling that a recent U.S. Supreme Court opinion backing a similar law from Tennessee undermines state residents' claims that the statute is discriminatory.

  • August 07, 2025

    GOP States Push 5th Circ. To Rethink Migrant Arrest Ruling

    A coalition of 23 Republican-led states urged the Fifth Circuit to rethink its decision upholding the block of a Texas law allowing state officials to arrest people suspected of crossing the border unlawfully, writing that the decision "diminished every state's sovereignty."

  • August 07, 2025

    False Light Claims Barred After 1 Year, NJ Justices Rule

    The New Jersey Supreme Court on Thursday held that false light invasion of privacy claims are subject to a one-year statute of limitations, backing a lower court's decision to toss a Garden State man's suit over comments that he dealt drugs to high school students.

Expert Analysis

  • State Tort Claims May Help Deter Bribes During FCPA Pause

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    As the U.S. pauses Foreign Corrupt Practices Act enforcement, companies that lose business due to competitors' bribery should consider using state tortious interference suits to expose corruption, deter illegal practices and obtain compensation for commercial losses, says Jason Manning at Levy Firestone.

  • 2nd Circ. Arb. Ruling May Give Foreign Insurers An Edge

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    The Second Circuit's decision this month in Lloyds of London v. 3131 Veterans Blvd that international arbitration agreements take primacy over state anti-arbitration insurance laws opens a division between domestic and foreign insurers that could affect the surplus lines market, says attorney Rosanne Felicello.

  • Buyer Beware Of Restrictive Covenants In Delaware

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    Based on recent Delaware Chancery Court opinions rejecting restricted covenants contained in agreements in the sale-of-business context, businesses need to craft narrowly tailored restrictions that have legitimate interests, say attorneys at Saul Ewing.

  • Series

    Brazilian Jiujitsu Makes Me A Better Lawyer

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    Competing in Brazilian jiujitsu – often against opponents who are much larger and younger than me – has allowed me to develop a handful of useful skills that foster the resilience and adaptability necessary for a successful legal career, says Tina Dorr of Barnes & Thornburg.

  • Fed. Circ. Offers Lesson On Gov't Data Rights In Contracts

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    The Federal Circuit's recent decision in FlightSafety v. Air Force serves as a warning for U.S. Department of Defense contractors attempting to mark their commercial technical data developed at private expense, say attorneys at Butzel Long.

  • Birthright Ruling Could Alter Consumer Financial Litigation

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    The U.S. Supreme Court’s upcoming decision about the validity of the nationwide injunctions in the birthright citizenship cases, argued on May 15, could make it much harder for trade associations to obtain nationwide relief from the Consumer Financial Protection Bureau's enforcement of invalid regulations, says Alan Kaplinsky at Ballard Spahr.

  • Fed. Circ. In April: Introducing New Evidence During IPR

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    The Federal Circuit's decision in Sage Products v. Stewart last month upheld the Patent Trial and Appeal Board's decision to allow a petitioner to rely on case-dispositive evidence beyond prior art references, affording petitioners in inter partes review proceedings greater latitude in the timing of evidence presentation, say attorneys at Knobbe Martens.

  • 1st Circ. Ruling Widens Split Over Sentencing Enhancements

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    In U.S. v. Salvador-Gutierrez, the First Circuit recently switched sides in a circuit split by holding that certain sentencing enhancements apply only where the defendant used a minor in the commission of the crime, deepening a divide over the scope of role adjustments, says Sarah Sulkowski at Gelber & Santillo.

  • A Cautionary Fed. Circ. Tale On Design Patents

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    The Federal Circuit's decision last month in Floyd highlights a risk in design patent prosecution — attempting to claim priority to a utility application, says John Hemmer at Morgan Lewis.

  • Series

    Power To The Paralegals: An Untapped Source For Biz Roles

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    Law firms looking to recruit legal business talent should consider turning to paralegals, who practice several key skills every day that prepare them to thrive in marketing and client development roles, says Vanessa Torres at Lowenstein Sandler.

  • Google Case Amicus Briefs Reveal Patent Damage Fault Lines

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    The 21 amicus briefs filed before the en banc rehearing of EcoFactor v. Google offer opposing viewpoints on important patent damages issues that extend beyond the specific question the Federal Circuit eventually ruled on, helping practitioners anticipate and address likely objections to future damages opinions, say attorneys at Stout.

  • Using Federal Forum Provisions To Nix State Securities Cases

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    A California appeals court's recent decision in Bullock v. Rivian clarifies that underwriters may enforce federal forum provisions to escape state court Securities Act claims, marking progress in restoring such lawsuits to federal court and reducing the litigation costs arising from duplicative state court litigation, say attorneys at Paul Weiss.

  • 30 Years Later: 2nd Circ.'s Road To Arbitral Preemption

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    The Second Circuit's recent decision in Lloyds of London v. 3131 Veterans Blvd. overturns its own 1995 precedent and squares its position with decades of circuit court jurisprudence holding that international arbitration agreements must take primacy over state anti-arbitration insurance laws, say attorneys at Linklaters.

  • Series

    Playing Poker Makes Me A Better Lawyer

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    Poker is a master class in psychology, risk management and strategic thinking, and I’m a better attorney because it has taught me to read my opponents, adapt when I’m dealt the unexpected and stay patient until I'm ready to reveal my hand, says Casey Kingsley at McCreadyLaw.

  • Series

    Law School's Missed Lessons: Becoming A Firmwide MVP

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    Though lawyers don't have a neat metric like baseball players for measuring the value they contribute to their organizations, the sooner new attorneys learn skills frequently skipped in law school — like networking, marketing, client development and case evaluation — the more valuable, and less replaceable, they will be, says Alex Barnett at DiCello Levitt.

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