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Appellate
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April 18, 2025
5th Circ. Backs SEC In Fraud Case Receivership Fight
The Fifth Circuit has knocked down a Texas-based real estate investor's fight against a receivership imposed upon his entities by the U.S. Securities and Exchange Commission, saying the lower court did not exceed its authority in allowing the receivership in the $26 million fraud case.
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April 18, 2025
Venezuelans Ask High Court And 5th Circ. To Pause Removals
A group of Venezuelans detained in northern Texas launched a multipronged effort Friday to prevent the Trump administration from removing them to El Salvador under the Alien Enemies Act before they can have their day in court, asking the U.S. Supreme Court, the Fifth Circuit and two district courts for emergency relief.
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April 18, 2025
Qualcomm Judge Bemoans 'Inefficiency' In Patent Fights
A Florida federal judge has scheduled a third hearing on claim construction in a ParkerVision Inc. lawsuit against Qualcomm Inc. over wireless communications patents, while commenting about "the inefficiency of patent litigation."
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April 18, 2025
1st Circ. Upholds Massachusetts' Assault Weapons Ban
The First Circuit on Thursday upheld a lower court's decision that a challenge to Massachusetts' 20-year-old ban on assault weapons is unlikely to succeed on the grounds that the ban comports with historical tradition.
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April 18, 2025
NIU Doesn't Have To Donate Undeveloped Land, Ill. Panel Says
A Chicago suburb was correctly rejected in its bid to enforce a contract provision requiring Northern Illinois University Foundation to donate a parcel of land it decided not to develop into a branch campus, a state appellate panel said.
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April 18, 2025
Enviro Groups Tell 10th Circ. Denver's Dam Appeal Ill-Timed
Environmental groups have asked the Tenth Circuit to preserve a lower court's order halting construction on a Denver dam, saying a stay requested by the city was filed prematurely.
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April 18, 2025
9th Circ. Won't Rethink Nixed Zillow, NAR Antitrust Case
The Ninth Circuit won't be rethinking a panel decision refusing to revive a defunct brokerage platform's case accusing Zillow and the National Association of Realtors of anticompetitively relegating its listings from Zillow's main page.
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April 18, 2025
Murdaugh's Banker Pleads Guilty To Fraud Ahead Of Retrial
A former bank CEO accused of helping ex-lawyer and convicted murderer Alex Murdaugh steal client money pled guilty Friday to fraud ahead of a retrial, months after his initial conviction was overturned based on jury irregularities.
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April 18, 2025
Apache Ask High Court For Quick Ruling In Oak Flat Land Row
An Apache nonprofit behind the effort to save an ancient worship site from destruction in Arizona is urging the U.S. Supreme Court to quickly rule on its petition after the federal government announced it is moving forward with plans to transfer the site to Resolution Copper for mining.
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April 18, 2025
5th Circ. Says FCC Can't Fine AT&T $57M Without Trial
The Fifth Circuit has wiped out the $57 million fine that the Federal Communications Commission slapped AT&T with after it and the other major mobile carriers were found to have been selling off people's location data, saying such a penalty without a jury trial was unconstitutional.
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April 18, 2025
High Court's Cornell Ruling Eases Path For ERISA Suits
The U.S. Supreme Court's revival of Cornell University workers' class action alleging excessive retirement plan fees will likely spur a rise in lawsuits zeroing in on employers' arrangements with recordkeepers and other service providers, and could make those cases tougher to knock out of court, attorneys say.
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April 18, 2025
IP Notebook: AI Prompts, DMCA Battle, Squishmallows Scuffle
Welcome to IP Notebook, a recurring series that highlights disputes and legal developments that raise novel or crucial questions in the trademark and copyright space.
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April 18, 2025
Texas Panel Says State Can Pursue Block Of Pot Amnesty Law
A Texas appeals panel has found the state can pursue an injunction blocking the enforcement of a city of San Marcos ordinance that prohibits enforcement of some cannabis laws, saying the city is not immune to claims that the ordinance is in violation of state law.
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April 18, 2025
11th Circ. Revives Fla. Lodge's Bad Faith Claim Over Shooting
The Eleventh Circuit on Friday reversed a $3.3 million judgment against a Florida lodge over a shooting that resulted in a woman's death, finding in a split ruling a jury should decide the bad faith issue of whether its insurer should've offered to settle based on the premises' liability.
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April 18, 2025
NC Can't Appeal Bias Ruling In Death Row Case, Justices Told
A Black man who won a seminal case proving racial bias tainted the jury selection process in his capital murder trial is fighting prosecutors' efforts to undo the ruling, telling North Carolina's highest court the state has no statutory right to appeal.
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April 18, 2025
DC Circ. Revives Fired Workers' Bias Suit Over Vax Policy
The D.C. Circuit on Friday revived claims by two Black employees of a union who allege they were disparately affected by a COVID-19 vaccination policy where more Black employees than white employees were fired if they didn't get vaccinated, saying their racial discrimination allegations regarding the policy "cross the line from conceivable to plausible."
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April 18, 2025
DC Circ. Ends No-Fly List Dispute For US-Yemeni Citizen
A D.C. Circuit panel held Friday that the federal government's decision to remove a dual U.S.-Yemeni citizen from its no-fly list mooted his challenge of a prior determination that had kept him on it.
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April 18, 2025
Wis. Sens. Renew Bipartisan Judicial Nomination Commission
The Republican and Democratic senators from Wisconsin announced Friday they are renewing their bipartisan commission to recommend U.S. attorney and judicial nominees to the president.
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April 18, 2025
Fed. Circ. Backs Fox In 1st Alice Case On Machine Learning
The Federal Circuit ruled Friday that applying established machine learning methods to a new area cannot be patented, delving for the first time into the patent eligibility issues concerning the emerging technology in a decision upholding a win for Fox Corp. over TV scheduling patents.
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April 18, 2025
Santander Not Responsible For Customer's Bad Crypto Buys
Santander Bank is not liable for more than $750,000 lost by a customer to a cryptocurrency scam, a Massachusetts intermediate appellate court said Friday.
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April 18, 2025
Telecom Says Jarkesy Ruling Dashes FCC's $4.5M Fine
An Austin, Texas-based telecom sought Friday to shake a nearly $4.5 million fine by the Federal Communications Commission after the Fifth Circuit tossed an unrelated $57 million penalty against AT&T based on last year's high court ruling in SEC v. Jarkesy curtailing agency fines.
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April 18, 2025
3rd Circ. Won't Revive Norfolk Southern Conductor's ADA Suit
The Third Circuit refused Friday to reinstate a Norfolk Southern Railway Co. train conductor's suit alleging he was illegally suspended because of his history of seizures, saying the railroad's decision wasn't rooted in discrimination.
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April 18, 2025
NC High Court Snapshot: Livestock Litigation Takes Limelight
The North Carolina Supreme Court's April lineup will find the justices delving into a squabble over backyard chickens in a residential neighborhood and a consumer fraud class action with Home Depot in the crosshairs.
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April 18, 2025
6th Circ. Upholds American Airlines' Win In Hidden-Fee Suit
American Airlines secured a Sixth Circuit panel's ruling Friday affirming the toss of customer claims that the airline wasn't transparent about making money from a third-party travel assistance product offered to customers during the booking process.
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April 18, 2025
11th Circ. Rejects Disbarred Ga. Atty's Reinstatement Bid
A disbarred Georgia attorney lost her bid Friday to have the Eleventh Circuit revive her lawsuit alleging the Georgia Office of Bar Admissions violated her due process rights by refusing to reinstate her.
Expert Analysis
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Lessons Learned From 2024's Top FMLA Decisions
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.
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5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle
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.
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Lessons Learned From 2024's Top ADA Decisions
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.
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Series
Playing Esports Makes Me A Better Lawyer
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.
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The 6 Most Significant FCRA Litigation Developments Of 2024
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.
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Fed. Circ. In December: A Patent Prosecution History Lesson
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.
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The Securities Litigation Trends That Will Matter Most In 2025
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.
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An Associate's Guide To Career Development In 2025
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.
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What To Watch For In The 2025 Benefits Landscape
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.
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Reviewing 2024's Crucial Patent Law Developments
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.
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Contract Disputes Recap: Adjustments, Preclusion, Waivers
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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The Justices' Securities Rulings, Dismissals That Defined '24
The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.
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10 Noteworthy CFPB Developments From 2024
In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.
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Series
Fixing Up Cars Makes Me A Better Lawyer
From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.
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2024 Has Been A Momentous Year For ESG
Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.