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Appellate
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October 03, 2025
Jewish Committee Backs Tribes' High Court Voting Challenge
The American Jewish Committee is backing two North Dakota tribes in their Supreme Court bid to undo an Eighth Circuit voting rights order, telling the justices the guiding principle of any democracy is that the government needs to make it easy to cast a ballot.
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October 03, 2025
2nd Circ. Erases Injunction In Pet Supplement False Ad Fight
The Second Circuit on Friday undid a lower court order blocking Zesty Paws from billing itself in ads as the top U.S. pet supplement brand, saying it didn't apply the proper standard correctly.
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October 03, 2025
Full 6th Circ. Skips Free Speech Row Over Drone Hunting Ban
The Sixth Circuit on Friday declined to reconsider whether Michigan's ban on the use of drones for hunting violates the right to free speech, finding the issue was already covered in an earlier ruling, but warning the case could raise bigger First Amendment concerns in the future.
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October 03, 2025
Justices Again Clear Trump To Scrap TPS For Venezuelans
The U.S. Supreme Court for a second time cleared the Trump administration to undo temporary protected status designations for hundreds of thousands of Venezuelans, despite lower court rulings concluding it acted unlawfully, sparking a fierce dissent by Justice Ketanji Brown Jackson.
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October 03, 2025
DC Circ. Nixes Enforcement Of $156M India Award
The D.C. Circuit on Friday ordered a lower court to reconsider defenses raised by India as it fights efforts by Deutsche Telekom AG to enforce a nearly $156 million arbitral award against the country over a nixed satellite lease and telecommunications deal, including whether the dispute belonged in arbitration.
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October 03, 2025
Fed. Circ. Sinks Advocacy Groups' Bid For PTAB 'Veto' Rule
The Federal Circuit on Friday affirmed a lower court's rejection of efforts by advocacy groups to create a "veto" for small-business patent owners defending themselves at the Patent Trial and Appeal Board, saying in a precedential decision that the groups lacked standing.
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October 03, 2025
Pa. Supreme Court Snapshot: Silent Witness, Corporate Veil
When its October session launches Tuesday, the Pennsylvania Supreme Court will consider issues such as the time limits on long-hidden crimes and long-undiscovered construction flaws, along with witnesses who say nothing on the stand and experts who opine on manner of death.
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October 03, 2025
Mich. Justices Send Anti-Muslim Bias Case To Appeals Court
Michigan's highest court has thrown out a ruling sending to arbitration an airline worker's claims he was the target of anti-Arab and anti-Muslim comments at work in light of a change in how courts in the Great Lakes State enforce employment contracts.
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October 03, 2025
9th Circ. Reopens Circle K Age Bias Suit Over Promotion
The Ninth Circuit on Friday revived a lawsuit alleging that Circle K passed over three former employees for promotion because they were in their 50s, saying the trial court was wrong to fault the workers for not applying to the job when the company never advertised the opening.
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October 03, 2025
Del. Justices Uphold Toss Of Ad Co. Note Conversion Claim
With little discussion, a Delaware Supreme Court panel on Friday affirmed on appeal a Court of Chancery decision that advertising tech company Vistar Media Inc. had a right to cash out millions' worth of matured investor notes over noteholder objections.
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October 03, 2025
11th Circ. Backs Royalties Firm In Hip-Hop Payouts Dispute
The Eleventh Circuit on Friday affirmed a win for a music royalties firm in a case brought against one of the members of the '90s hip-hip duo Black Sheep for allegedly breaching his contract.
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October 03, 2025
Split 3rd Circ. Backs Fiat Chrysler In Deceptive Sticker Claims
A split Third Circuit panel upheld the dismissal of a class action alleging that Fiat Chrysler put deceptive price stickers on its vehicles to hide the fact that it "injected profit" into the cost, with the court holding that car buyers weren't actually harmed.
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October 03, 2025
High Court Asked To Review Racial Bias In Miss. Jury Strikes
It wasn't until after he endured six capital murder trials tainted by racial prejudice that Curtis Flowers, a Black Mississippian, was finally exonerated, had the charges against him dismissed and his name cleared.
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October 03, 2025
Mass. Justices Say Pandemic Delay Not Speedy Trial Violation
Massachusetts' highest court ruled Friday that pandemic-related delays in bringing a defendant to trial did not violate his right to a speedy trial under the state and U.S. constitutions.
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October 03, 2025
Mich. Top Court To Weigh If MSU Hid Liability In Contract Row
The Michigan Supreme Court said it will hear Michigan State University's bid for immunity from a lawsuit filed by former law professors who allege the school concealed its liability for their claims that MSU abandoned promised retirement benefits when it merged with a law college.
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October 03, 2025
DC Circ. Eyes Pre-Enforcement Standing In Gun Ban Case
A panel of D.C. Circuit judges wrestled with where to draw the line on pre-enforcement challenges in Second Amendment cases Friday as Washington, D.C., defended its ban on firearms on Metro trains and buses from area gun-owners seeking to carry and ride.
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October 03, 2025
FERC Finding Friendlier Courts In Gas Project Approval Fights
The Federal Energy Regulatory Commission is getting more leeway from courts in lawsuits challenging its gas project approvals following a recent U.S. Supreme Court ruling that curtailed federal environmental reviews, which may ultimately speed up the agency's consideration of projects.
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October 03, 2025
Pot Co. Urges 9th Circ. To Revive Labor Peace Law Challenge
A cannabis retailer challenging the constitutionality of a California law that requires marijuana businesses to have labor peace agreements with unions is urging the Ninth Circuit to revive its lawsuit against the state.
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October 03, 2025
2nd Circ. Says Exxon Must Pay Atty Fees For 'Absurd' Args
The Second Circuit on Friday said energy giants including Exxon Mobil Corp. must pay attorney fees to New York City, which is suing them for deceptive practices around climate change, for advancing "absurd" arguments in remand proceedings.
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October 03, 2025
DC Circ. Affirms Immunity Denial For Venezuela Oil Co.
A D.C. Circuit panel ruled Petroleos de Venezuela SA must face claims it unlawfully took over an Oklahoma business's rigs and property, backing a district court's decision to deny the state-owned oil company's bid for sovereign immunity.
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October 03, 2025
Miami Beats Suit Over Alleged RE Plot Involving Ex-City Atty
A Florida state appeals court reversed the denial of the city of Miami's motion to dismiss a civil conspiracy claim brought against it by a man who accused city workers of conspiring with the former city attorney and her husband to purchase houses with multiple code violations at below-market value and sell them for a profit.
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October 03, 2025
Justices To Mull Hawaii's 'Vampire Law' For Concealed Carry
The U.S. Supreme Court on Friday agreed to hear a challenge to a Hawaii law that bars pistol permit holders from bringing handguns onto private property open to the public without the owner's express permission, similar to policies in other states that critics have characterized as "vampire laws."
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October 03, 2025
NY Atty's Big Mouth Wins Client New Trial
A New York appeals court has reversed a man's 6½-year sentence for weapons possession and granted him a new trial after finding his defense attorney "created an actual conflict of interest by prematurely disclosing confidential information to the court."
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October 03, 2025
Ex-USPTO Director Vidal Joins Fed. Circ. Advisory Council
The Federal Circuit's advisory council has brought on a former U.S. Patent and Trademark Office director and a Latham & Watkins LLP partner as its newest members.
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October 03, 2025
Ga. Judge 'Cannot Be Trusted,' Must Leave Bench, Panel Says
The Georgia Judicial Qualifications Commission is recommending that a judge who gave dishonest testimony regarding wide-ranging allegations of misconduct, including the illegal arrest and false imprisonment of a witness, should be kicked off the bench, saying that a judge who "cannot be trusted to tell the truth cannot be trusted to remain in office."
Expert Analysis
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Justices' Ruling Lowers Bar For Reverse Discrimination Suits
The U.S. Supreme Court's unanimous opinion in Ames v. Ohio Department of Youth Services, lowering the evidentiary burden for plaintiffs bringing so-called reverse discrimination claims, may lead to more claims brought by majority group employees — and open the door to legal challenges to employer diversity, equity and inclusion initiatives, say attorneys at Ice Miller.
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Fed's Crypto Guidance Yank Could Drive Innovation
The Federal Reserve Board's recent withdrawal of guidance letters brings regulatory consistency and broadens banks' ability to innovate in the crypto-asset space, but key distinctions remain between the Fed's policy on crypto liquidity and that of the other banking regulators, says Dan Hartman at Nutter.
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Attacks On Judicial Independence Tend To Manifest In 3 Ways
Attacks on judicial independence now run the gamut from gross (bald-faced interference) to systemic (structural changes) to insidious (efforts to undermine public trust), so lawyers, judges and the public must recognize the fateful moment in which we live and defend the rule of law every day, says Jim Moliterno at Washington and Lee University.
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Statistics Tools Chart A Path For AI Use In Expert Testimony
To avoid the fate of numerous expert witnesses whose testimony was recently deemed inadmissible by courts, experts relying on artificial intelligence and machine learning should learn from statistical tools’ road to judicial acceptance, say directors at Secretariat.
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High Court Birthright Case Could Reshape Judicial Power
Recent arguments before the U.S. Supreme Court in cases challenging President Donald Trump’s birthright citizenship executive order primarily focused on federal judges’ power to issue nationwide injunctions and suggest that the upcoming decision may fundamentally change how federal courts operate, says Mauni Jalali at Quinn Emanuel.
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Ore. High Court Ruling Widens Construction Defect Coverage
A recent Oregon Supreme Court decision, Twigg v. Admiral Insurance, dispels the myth that a contractor's liability for defective work is uninsurable if pursued as a breach of contract, say attorneys at Stoel Rives.
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Justices Hand Agencies Broad Discretion In NEPA Review
By limiting the required scope of reviews under the National Environmental Policy Act, the U.S. Supreme Court's recent ruling in Seven County Infrastructure Coalition v. Eagle County could weaken the review process under NEPA, while also raising questions regarding the degree of deference afforded to agencies, say attorneys at Foley Hoag.
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Series
Law School's Missed Lessons: Appreciating Civil Procedure
If you’re like me, law school’s often complex and theoretical approach to teaching civil procedure may have contributed to an early struggle with the topic, but when seen from a practical perspective, new lawyers may find they enjoy mastering these rules, says Chloe Villagomez at Foster Garvey.
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Appellate Guidance Needed On California Chatbot Litigation
There is wide variation in how courts are applying the California Invasion of Privacy Act against website owners that allegedly help third parties spy on visitors via chatbots — and the lack of appellate rulings creates uncertainty, especially as these cases move toward the summary judgment stage, say attorneys at Crowell & Moring.
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Calif. Bar Exam Fiasco Shows Why Attys Must Disclose AI Use
The recent revelation that a handful of questions from the controversial California bar exam administered in February were drafted using generative artificial intelligence demonstrates the continued importance of disclosure for attorneys who use AI tools, say attorneys at Troutman.
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The Sentencing Guidelines Are Commencing A New Era
Sweeping new amendments to the U.S. sentencing guidelines — including the elimination of departure provisions — intended to promote transparency and individualized justice while still guarding against unwarranted disparities will have profound consequences for all stakeholders, say attorneys at Blank Rome.
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Justices Widen Gap Between Federal, Calif. Enviro Reviews
While the U.S. Supreme Court's recent opinion in Seven County Infrastructure Coalition v. Eagle County, Colorado, narrowed the scope of National Environmental Policy Act reviews, it may have broadened the gulf between reviews conducted under NEPA and those under the California Environmental Quality Act, say attorneys at Hanson Bridgett.
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In 2nd Place, Va. 'Rocket Docket' Remains Old Reliable
The U.S. District Court for the Eastern District of Virginia was again one of the fastest civil trial courts in the nation last year, and an interview with the court’s newest judge provides insights into why it continues to soar, says Robert Tata at Hunton.
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Foreign Sovereign Entities Should Heed 9th Circ. IP Ruling
After the Ninth Circuit recently held that four Chinese state-controlled companies were not immune from criminal indictment for alleged economic espionage, foreign sovereign-controlled entities should assess whether their operations and affiliation with their parent states qualify for sovereign immunity under the common law, say attorneys at Cleary.
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How Attorneys Can Become Change Agents For Racial Equity
As the administration targets diversity, equity and inclusion efforts and law firms consider pulling back from their programs, lawyers who care about racial equity and justice can employ four strategies to create microspaces of justice, which can then be parlayed into drivers of transformational change, says Susan Sturm at Columbia Law School.