Appellate

  • April 11, 2025

    Boeing Birth Defect Cases Paused Until Wash. Appeals Ruling

    Lawsuits seeking to hold Boeing liable for birth defects sustained by children of the company's factory workers were put on hold, after a Washington state judge ruled that an appeals court must first decide if companies have a duty of care for the "not-yet-conceived offspring" of their employees.

  • April 11, 2025

    3M Fights 4th Circ. Bid To Undo Removal Of PFAS Suits

    Lawsuits accusing 3M Inc. of "forever chemical" contamination of Maryland and South Carolina waterways should be kept in federal court, the company has argued, urging the Fourth Circuit to decline the states' request for full panel review.

  • April 11, 2025

    7th Circ. Asks For Ill. Justices' Input On Pollution Exclusion

    A Seventh Circuit panel considering whether an insurer for Sterigenics and its former parent company could avoid paying $150 million in legal costs for defending the company from a torrent of pollution suits has asked the Illinois Supreme Court to weigh in on how to apply a pollution exclusion in the relevant policy.

  • April 11, 2025

    Ala. Justices Nix Owner Property Tax Break For LLC

    An Alabama condominium was correctly reclassified for property tax purposes because the couple who own the property had transferred ownership to a limited liability company, the state Supreme Court ruled Friday.

  • April 11, 2025

    2nd Circ. Tosses Mid-Case Appeal In Asbestos Coverage Row

    A Second Circuit panel dismissed on Friday a mid-case appeal in a dispute over coverage for hundreds of asbestos-related lawsuits, saying that resolving certified questions, including whether an insurer must defend a suit that doesn't name its policyholder, won't substantially advance the litigation.

  • April 11, 2025

    SEC, Ripple Put 2nd Circ. Case On Ice To Confirm Resolution

    Blockchain firm Ripple Labs and the U.S. Securities and Exchange Commission told the Second Circuit to put their respective appeals on ice as they seek commission approval for an agreement to end the landmark enforcement action.

  • April 11, 2025

    Texas Justices Uphold City's Wastewater Release Permit

    A Central Texas city can move forward with its treated wastewater discharge operations, the Texas Supreme Court ruled Friday, rejecting a challenge to an environmental permit that was based on an increase in dissolved oxygen in a nearby stream.

  • April 11, 2025

    5th Circ. Revives Unfair Competition Fight Over Arthritis Drug

    The Fifth Circuit has revived Zyla Life Sciences LLC's lawsuit seeking to block Texas rival Wells Pharma from selling rheumatoid arthritis drug suppositories that aren't U.S. Food and Drug Administration-approved, rejecting Wells Pharma's argument that Zyla's state claims are preempted under federal law and noting that finding otherwise would have "staggering" implications.

  • April 11, 2025

    Pot Co. Brings Calif. Labor Peace Law Challenge To 9th Circ.

    A cannabis retailer challenging the constitutionality of a California law that requires marijuana businesses to have labor peace agreements is bringing its legal battle to the Ninth Circuit.

  • April 11, 2025

    3rd Circ. Urged To Rethink Teamsters Fund's Win In $39M Row

    Affiliates of a bankrupt dairy business are urging the Third Circuit to hold a full court rehearing on its split panel decision that a Teamsters union pension fund can sue them to enforce a $39 million settlement, arguing the law "simply does not say" what the majority ruled it says.

  • April 11, 2025

    4th Circ. Says Noncitizen Can't Evade Removal Over Theft

    The Fourth Circuit said petit larceny is a crime of moral turpitude that makes a noncitizen ineligible to avoid deportation, holding there was "solid ground" to deny a Mexican national's attempt to evade removal based on her 2011 conviction for petit larceny.

  • April 11, 2025

    NJ AG Cleared To Appeal Ex-Prosecutor's Resignation Claim

    The New Jersey Superior Court's Appellate Division granted Attorney General Matthew Platkin's request to rule on a lawsuit from a former Warren County prosecutor claiming that Platkin misled him into resigning from his post last year.

  • April 11, 2025

    Fla. Federal Judge To Lead Judiciary Research Center

    U.S. District Judge Robin L. Rosenberg of the Southern District of Florida will be the next director of the federal judiciary's research center, Chief Justice John Roberts announced Thursday.

  • April 11, 2025

    Judge Wants Daily Updates On Man Deported To El Salvador

    A Maryland federal judge on Friday said it was "extremely troubling" that a U.S. Department of Justice lawyer could not share the whereabouts of a Maryland man mistakenly deported to an El Salvador prison or the steps being taken to return him, ordering daily updates about whether the government is taking measures to bring the man back.

  • April 11, 2025

    Mich. Top Court Won't Hear Appeal Of $217M Dam Repair Tax

    The Michigan Supreme Court on Friday said it wouldn't hear an appeal from a host of homeowners challenging a $217 million special assessment to fund the repair of dams and restoration of lakes after 2020 floods that devastated mid-Michigan counties.

  • April 11, 2025

    Rakoff Quips 'I Love Trials' Before Palin-NYT Libel Rematch

    Manhattan U.S. District Judge Jed S. Rakoff took up legal questions Friday ahead of a retrial for former Alaska Gov. Sarah Palin in her suit accusing The New York Times of maliciously defaming her, cheerfully noting that an earlier verdict was erased.

  • April 10, 2025

    Monsanto Can't Nix PCB Expert From 11th Seattle School Trial

    A Washington state judge has denied Monsanto's latest bid to keep chemical exposure estimates out of a PCB tort trial slated to start Monday in Seattle, weighing in on an issue that will ultimately be decided by the state's high court.

  • April 10, 2025

    Ga. Rehab Facility Settles In $77.6M Wrongful Death Suit

    The family of a man who died after being hit by multiple vehicles on a Georgia interstate has settled their lawsuit against the Doraville addiction rehabilitation center that abruptly discharged him days before his death.

  • April 10, 2025

    IP Forecast: Novartis' Entresto Fight Heads To DC Circ.

    Novartis will go before the D.C. Circuit next week in the latest legal front in the drug giant's battle to stop generic versions of its blockbuster heart failure drug Entresto. Here's a look at that case — plus all the other major intellectual property matters on deck in the coming week.

  • April 10, 2025

    2nd Circ. Says Investor Can't Join $250M Sri Lanka Bond Suit

    The Second Circuit on Thursday held that a U.S.-based investor can't intervene in a lawsuit between the Sri Lankan government and Hamilton Reserve Bank over more than $250 million in foreign bonds, finding that the investor failed to show how his property interest in the bonds overlapped with the bank's claims.

  • April 10, 2025

    9th Circ. Remands Challenge To Biden-Era Asylum Limits

    The Ninth Circuit on Thursday remanded a district court's 2023 vacatur of a Biden-era rule placing limits on asylum so that the lower court can address legal developments, but one circuit judge asserted that the remand was the latest move in an "ongoing game of Supreme Court keep-away."

  • April 10, 2025

    9th Circ. Open To Sending Invisalign Antitrust Suit To Trial

    Two Ninth Circuit judges appeared open on Thursday to reversing Align's summary judgment win against a pair of class actions accusing Invisalign of monopolizing the clear braces and teeth scanners market, with one judge saying there is a triable factual dispute and another judge doubting Align's interpretation of antitrust law.

  • April 10, 2025

    7th Circ. Probes Muldrow's Impact On United Age Bias Battle

    The Seventh Circuit grappled Thursday with whether the U.S. Supreme Court's landmark Muldrow decision meant it should revive a former United Airlines worker's age bias suit, pondering whether a negative performance review could be the basis for a valid discrimination case. 

  • April 10, 2025

    11th Circ. Says 'Bombshell' Producer Stuck With $19M Verdict

    The Eleventh Circuit on Thursday backed a Florida jury's $19 million-plus verdict against a Canadian film producer known for the movie "Bombshell" over an investor's claims the producer defrauded him out of millions of dollars meant to fund several TV productions.

  • April 10, 2025

    1st Circ. Asked To Save $34M Fee Bid In JetBlue-Spirit Case

    Passengers who launched an antitrust challenge to the since-scrapped JetBlue-Spirit Airlines merger have asked the First Circuit to revive their bid to collect up to $34 million in legal fees, insisting that they paved the way for the deal to be blocked, so they should be declared the "prevailing party."

Expert Analysis

  • Mich. Ruling Offers View On 'Occurrence' Coverage Definition

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    As demonstrated by a Michigan state court in its recent decision finding per-wound insurance coverage for a school shooting, the amount of coverage available under occurrence-based policies often depends on how courts interpret "occurrence," say attorneys at Hunton.

  • Rejoinder Strategy After Allergan Double-Patenting Case

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    A closer look at last year's Allergan v. MSN case at the Federal Circuit highlights the importance of rejoinder during patent prosecution in view of the risks associated with obviousness-type double patenting based on later-filed applications in the same patent family, say attorneys at BCLP.

  • What FARA Enforcement In 2024 Reveals For The Year Ahead

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    A number of developments, from indictments to legislation, shaped the Foreign Agents Registration Act enforcement landscape last year, and following the U.S. Department of Justice's recently released long-awaited proposed amendments to the law, 2025 shows no signs of slowing down, says Tessa Capeloto at Wiley.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

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    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • Lessons Learned From 2024's Top FMLA Decisions

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    Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

  • 5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle

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    The Fifth Circuit's recent en banc opinion vacating Nasdaq's board diversity listing rule wades into the hotly debated topic of diversity, equity and inclusion initiatives at a time when many public companies are navigating the attention that DEI commitments are drawing from activists and shareholders, say attorneys at Debevoise.

  • Lessons Learned From 2024's Top ADA Decisions

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    Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.

  • Series

    Playing Esports Makes Me A Better Lawyer

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    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • The 6 Most Significant FCRA Litigation Developments Of 2024

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    From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.

  • Fed. Circ. In December: A Patent Prosecution History Lesson

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    Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.

  • An Associate's Guide To Career Development In 2025

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    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • The Securities Litigation Trends That Will Matter Most In 2025

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    2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.

  • What To Watch For In The 2025 Benefits Landscape

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    While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.

  • Reviewing 2024's Crucial Patent Law Developments

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    As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.

  • Contract Disputes Recap: Adjustments, Preclusion, Waivers

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    Ken Kanzawa at Seyfarth examines three recent decisions from the Civilian Board of Contract Appeals, the U.S. Court of Federal Claims and the Armed Services Board of Contract Appeals that examine distinctions between requests for equitable adjustments and claims, forum selection and res judicata, and the waiver of penalties for expressly unallowable costs.

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