Appellate

  • May 09, 2025

    Pa. Top Court Snapshot: Cap & Trade, Prosecutor Power

    The scope of powers held by the Pennsylvania governor, the attorney general, and state and local utility authorities will take center stage in Harrisburg when the state Supreme Court convenes for its May session.

  • May 09, 2025

    Trustees Can't Charge Fees In Tossed Ch. 13s, 2nd Circ. Says

    A standing Chapter 13 trustee in the Eastern District of New York must return some $20,000 in fees from a dismissed bankruptcy, the Second Circuit ruled Friday, holding trustees are not entitled to charge a percentage fee on payments a debtor makes unless a plan is confirmed.

  • May 09, 2025

    2nd Circ. OKs $6.5M Verdict Over Coerced Murder Confession

    The Second Circuit on Friday upheld a wrongfully imprisoned man's $6.5 million verdict against a Buffalo police officer for fabricating his confession during an episode of psychosis, saying the jury made reasonable findings based on the evidence.

  • May 09, 2025

    Fed. Circ. Veers From USPTO Agenda In IPR Estoppel Ruling

    The Federal Circuit has cleared patent challengers to pursue grounds in district court that weren't available in inter partes reviews, which attorneys say will likely increase the amount of Patent Trial and Appeal Board challenges at a time when the agency is working toward the opposite.

  • May 09, 2025

    BDO Urges Justices To Hear 'Crucial' Auditor Fraud Case

    BDO USA LLP is petitioning the U.S. Supreme Court to hear a case that the firm warns could have "devastating" consequences for public companies' auditors, arguing in a Friday filing that the Second Circuit created a "dangerous precedent" by reviving a lawsuit brought by AmTrust Financial Services Inc. shareholders. 

  • May 09, 2025

    Pathology Lab Urges 8th Circ. Not To Revive Antitrust Claims

    Iowa Pathology Associates told the Eighth Circuit a lower court was right to toss a rival lab's case accusing it of monopolizing the market because the claims are really about the lab's failure to attract enough clients from the competing practice to achieve its expected profits.

  • May 09, 2025

    Split 4th Circ. Revives Naval Engineers' No-Poach Case

    A split Fourth Circuit panel Friday revived a putative class action accusing major shipbuilders and naval engineering consultants of an illegal "no-poach" conspiracy, with the majority holding that just because the alleged conspirators never formalized their purported agreements in writing, it doesn't mean the conspiracy can't be unlawful.

  • May 09, 2025

    Texas High Court Says Writing Beats Words Over Drilling Deal

    The Texas Supreme Court handed a victory to an energy company that sold mineral rights it had acquired for about $5 million, reversing a state appeals court in a Friday opinion finding that supposed oral agreements didn't prevent the resale.

  • May 09, 2025

    Tech-Averse Souter Still Kept Up With The Times In IP Cases

    U.S. Supreme Court Justice David Souter, who famously rejected facets of modernity like email and cellphones, nonetheless evinced a willingness to keep up with technology and culture in his writing on intellectual property matters, including important copyright cases on parody and peer-to-peer file sharing, attorneys said.

  • May 09, 2025

    Texas Justices Let Home Depot Off Hook In Cop Shooting Suit

    The Texas Supreme Court on Friday tossed a suit seeking to hold Home Depot and an off-duty police officer serving as a security guard liable for the shooting death of a responding police officer, saying police officers trying to prevent crimes even when off duty are entitled to immunity.

  • May 09, 2025

    Florida Atty Loses Law School Loan Appeal In Connecticut

    A Connecticut state appeals court backed a lower court decision on Friday that said a Florida attorney must repay $30,000 to his ex-girlfriend and mother of his child, a woman whom a state trial court said "unwisely cosigned" on his law school loans and made payments on them.

  • May 09, 2025

    DC Circ. Tosses DOD's Time-In-Service Appeal As Moot

    A D.C. Circuit panel ruled Friday that the U.S. Department of Defense cannot appeal to defend a since-rescinded policy setting service duration requirements for noncitizen soldiers to pursue an expedited path to citizenship.

  • May 09, 2025

    Fed. Circ. Scolds Apple, Optis For Staying Mum On UK Ruling

    The Federal Circuit was in court Friday to decide whether a $300 million verdict against Apple for infringing standard-essential 4G patents owned by Optis ought to be wiped out, kept in place or sent back down to be nearly doubled, but first they had questions about another set of judges.

  • May 09, 2025

    From Fox News To DOJ: This Is The Next Interim DC US Atty

    Former Fox News host and judge Jeanine Pirro will soon take the helm of the U.S. Attorney's Office for the District of Columbia after more than a decade at the network where she was a figure in high-profile defamation cases.

  • May 09, 2025

    W.Va. Justices Say UIM Coverage Needn't Always Be Offered

    West Virginia does not require commercial auto insurers to offer underinsured motorist, or UIM, coverage for all vehicles they insure, the West Virginia Supreme Court of Appeals ruled, answering a question from the Fourth Circuit in a dispute over a policy insuring both owned and "non-owned" vehicles.

  • May 09, 2025

    Food Importer Can't Secure Lower Duty Rate On Frozen Fruit

    The Federal Circuit on Friday denied a company's efforts to have its mixed frozen fruit imports from Canada reclassified as "other food preparations" instead of frozen fruit in order to secure duty-free treatment for the products.

  • May 09, 2025

    4th Circ. Digests 'Unappetizing' Relief For Jordan's NASCAR Team

    The Fourth Circuit on Friday seemed poised to unravel a federal court's injunction allowing two NASCAR teams, including one co-owned by NBA legend Michael Jordan, to continue racing as chartered teams while they pursue antitrust claims against the organization, with one judge saying the teams "can't have your cake and eat it too."

  • May 09, 2025

    Sandy Hook Families Want Alex Jones To Pay Up Amid Appeal

    A Connecticut appeals court should not extend a stay on the enforcement of a $1.3 billion judgment against bankrupt Infowars host Alex Jones while he brings his case to the U.S. Supreme Court, the families of Sandy Hook shooting victims said in opposition to his pending motion, arguing that his newly raised constitutional claims are late and meritless.

  • May 09, 2025

    9th Circ. Pins SEC Legal Expenses On Recycler, Not Insurer

    The Ninth Circuit affirmed Friday that a Nevada appliance recycler had no coverage for more than $1.3 million in costs associated with a U.S. Securities and Exchange Commission fraud case against it, finding that regardless of which state law applied, the result was unchanged.

  • May 09, 2025

    Munger Tolles, Hogan Lovells Alums Tapped For Calif. Bench

    Alumni of Hogan Lovells, Munger Tolles & Olson LLP and Weil Gotshal & Manges LLP as well as multiple public defenders are among the latest judicial picks by California Gov. Gavin Newsom to fill three state appellate court vacancies and a dozen trial court seats in the Golden State.

  • May 09, 2025

    NJ Panel Backs $78M Sports Complex Contract Award

    A New Jersey appellate panel rejected a bidder's challenge to the awarding of a $78 million construction contract for a sports complex in a Middlesex County park, saying the proposal with the lowest price met the requirements in the bid specifications.

  • May 09, 2025

    No Immunity For Fla. Cop Who Choked Driver, 11th Circ. Says

    The Eleventh Circuit has ruled that a Florida police officer who allegedly choked and beat a compliant and subdued driver during a traffic stop is not entitled to qualified immunity on the driver's Fourth Amendment claims.

  • May 09, 2025

    6th Circ. Ruling Shows Toughening On ERISA Fiduciary Suits

    A recent Sixth Circuit decision that backed the dismissal of a proposed class action against an auto parts maker demonstrates how appellate courts are raising the bar for cases alleging breaches of fiduciary duty under federal benefits law, experts say.

  • May 09, 2025

    Columbia Student Protester Is Free For Now, 2nd Circ. Says

    The Second Circuit on Friday said Columbia University student Mohsen Mahdawi, arrested by immigration officials for his pro-Palestinian activism, can remain free as he fights an attempt to put him back behind bars amid deportation proceedings in Louisiana.

  • May 09, 2025

    Texas, Google Working To Settle Incognito Mode Suit

    The Texas Supreme Court placed the state's appeal of its loss in a deceptive trade practices suit against Google on hold Friday to allow the parties to negotiate a settlement.

Expert Analysis

  • AT&T Decision May Establish Framework To Block FCC Fines

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    The Fifth Circuit's recent decision in AT&T v. FCC upends the commission's authority to impose certain civil penalties, reinforcing constitutional safeguards against administrative overreach, and opening avenues for telecommunications and technology providers to challenge forfeiture orders, say attorneys at HWG.

  • Series

    Playing Guitar Makes Me A Better Lawyer

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    Being a lawyer not only requires logic and hard work, but also belief, emotion, situational awareness and lots of natural energy — playing guitar enhances all of these qualities, increasing my capacity to do my best work, says Kosta Stojilkovic at Wilkinson Stekloff.

  • Crisis Management Lessons From The Parenting Playbook

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    The parenting skills we use to help our kids through challenges — like rehearsing for stressful situations, modeling confidence and taking time to reset our emotions — can also teach us the fundamentals of leading clients through a corporate crisis, say Deborah Solmor at the Wisconsin Alumni Research Foundation and Cara Peterman at Alston & Bird.

  • High Court's Ruling May Not Stop Ghost Gun Makers

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    In Bondi v. VanDerStok, a majority of the U.S. Supreme Court ruled that the Gun Control Act applies to untraceable "ghost gun" kits under certain circumstances — but companies that produce these kits may still be able to use creative regulatory workarounds to evade government oversight, says Samuel Bassett at Minton Bassett.

  • Justices' Labcorp Questions Explore Class Cert. Tensions

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    At the recent oral argument before the U.S. Supreme Court in Laboratory Corporation of America Holdings v. Davis, the justices' questioning highlighted a fundamental tension between constitutional standing requirements, the procedural framework of Rule 23, and the practical challenges of managing large, diverse classes in complex litigation, say attorneys at Winston & Strawn.

  • Immunity Waiver Ruling A Setback For Ch. 7 Trustees

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    While governmental units should welcome the U.S. Supreme Court's recent decision in U.S. v. Miller restricting the reach of the Bankruptcy Code's sovereign immunity waiver, Chapter 7 trustees now have a limited ability to maximize bankruptcy estates, says Dan Prieto at Jones Day.

  • Wash. Justices' Moonlight Ruling Should Caution Employers

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    The Washington Supreme Court's recent decision in David v. Freedom Vans, which limited when employers can restrict low-wage workers from moonlighting, underscores the need for employers to narrowly tailor restrictive covenants, ensuring that they are reasonable and allow for workforce mobility, say attorneys at Perkins Coie.

  • What To Watch For As High Court Mulls NRC's Powers

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    If successful, Texas’ challenges to the U.S. Nuclear Regulatory Commission’s authority — recently heard by the U.S. Supreme Court and currently pending before a Texas federal court — may have serious adverse consequences for aspiring NRC licensees, including potential nuclear power plant operators, say attorneys at Haynes Boone.

  • Series

    Adapting To Private Practice: From NY Fed To BigLaw

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    While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.

  • Calif. Smoke Claim Ruling Gives Insurers Support On Denials

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    Far from being an outlier among ash, soot and smoke coverage cases, a California appellate court's recent opinion in Gharibian v. Wawanesa General Insurance reinforces the principle that policyholders must establish entitlement to coverage as a threshold matter, while supporting denials of coverage for meritless claims, says Kyle Espinola at Zelle.

  • Cos. Face Enviro Justice Tug-Of-War Between States, Feds

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    The second Trump administration's sweeping elimination of environmental justice policies, programs and funding, and targeting of state-level EJ initiatives, creates difficult questions for companies on how best to avoid friction with federal policy, navigate state compliance obligations and maintain important stakeholder relationships with communities, say attorneys at Arnold & Porter.

  • Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

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    Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.

  • 5th Circ. Ruling Is Latest Signal Of Shaky Qui Tam Landscape

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    In his recent concurring opinion in U.S. v. Peripheral Vascular Associates, a Fifth Circuit judge joined a growing list of jurists suggesting that the False Claims Act's whistleblower provisions are unconstitutional, underscoring that acceptance of qui tam relators can no longer be taken for granted, say attorneys at Miller & Chevalier.

  • How Attys Can Use A Therapy Model To Help Triggered Clients

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    Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.

  • Tracking The Evolution Of Liability Management Exercises

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    As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.

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