Appellate

  • December 03, 2024

    Del. Justices To Review 3M Earplug MDL Coverage Dispute

    The Delaware Supreme Court agreed to review a lower court's finding that defense costs paid by 3M in underlying multidistrict litigation over the company's combat earplugs could not satisfy the self-insured retention of its subsidiary's insurance policies.

  • December 03, 2024

    Fed. Circ. Won't Revive Vehicle Security Patent Suit

    The Federal Circuit on Tuesday backed a lower court's finding that a vehicle security patent owned by consumer electronics company VOXX International Corp. was invalid as abstract, handing a win to a company it targeted in an infringement suit.

  • December 03, 2024

    CSX Asks High Court to Weigh Norfolk Southern Rate Case

    CSX has asked the U.S. Supreme Court to review a Fourth Circuit ruling that the rail giant's antitrust lawsuit against Norfolk Southern over a switching line the two railroads own was outside the statute of limitations.

  • December 03, 2024

    Trump Argues Immunity Extends To Local Prosecutions

    President-elect Donald Trump told the New York state judge presiding over his hush money case that the criminal charges and guilty verdict should be thrown out, arguing in an expansive motion released Tuesday that allowing a local prosecution to proceed would upset the republic's balance of power.

  • December 03, 2024

    Mich. Poll Worker Disparity Suit Gets High Court Audience

    The Michigan Supreme Court agreed Monday to review whether Republicans can enforce a law that calls for balanced political representation among election workers after lower courts had said the political party lacked standing. 

  • December 03, 2024

    9th Circ. Affirms Circle K's Win In Gas Pricing Row

    The Ninth Circuit upheld Circle K Stores' win against retail gas stations that accused the convenience chain of setting high gas prices in bad faith, finding Tuesday that Circle K's prices were "within the range" of those charged by its competitors and lower than at least one refiner.

  • December 03, 2024

    New Judges Include One Who Aided Puerto Rico Bondholders

    The Senate on Tuesday confirmed two federal judges for Pennsylvania and one for the District of Columbia, who came under scrutiny during her confirmation hearing for her work at Jones Day.

  • December 03, 2024

    Timeshare Co. Argues Jury Never Should've Seen Fraud Suit

    A company selling timeshares in Atlantic City, New Jersey, told a state appeals court Tuesday that a consumer fraud suit never should have reached a jury, arguing that an evidence rule bars the claims.

  • December 03, 2024

    Ex-Va. Solicitor General To Co-Lead Steptoe Appellate Group

    Steptoe LLP has brought on as co-leader of the appellate practice a former solicitor general of Virginia whose past government work included being special counsel to the committee investigating the Jan. 6, 2021, attack on the Capitol, the firm said Tuesday.

  • December 03, 2024

    Ill. Panel Relieves Liberty Mutual Units Of BIPA Coverage

    An Illinois state appeals court held that two Liberty Mutual units didn't owe coverage to a policyholder for an underlying class action alleging violations of the state's Biometric Information Privacy Act, reversing a lower court's decision surrounding the interpretation of a recording and distribution exclusion.

  • December 03, 2024

    Willkie Adds Litigation Heavyweight, Energy Expert In DC

    Willkie Farr & Gallagher LLP announced Tuesday that it has brought on two Washington, D.C., partners — a new chair for its regulatory litigation practice group who joined from King & Spalding LLP and an energy-focused finance attorney who joined from Greenberg Traurig LLP.

  • December 03, 2024

    Feds Urge Justices To Revive Cornell Workers' ERISA Fight

    The federal government urged the U.S. Supreme Court to reverse dismissal of a proposed class action alleging Cornell University mismanaged employees' retirement plans, backing Cornell workers' argument that the Second Circuit misapplied the standard for pleading a prohibited transaction claim when it upheld an end to the case.

  • December 03, 2024

    Data Brokers Get OK For Appeal Of NJ Privacy Law

    A federal judge signed off Monday on data brokers' request to be allowed to appeal his ruling that New Jersey's judicial privacy and security measure known as Daniel's Law is constitutional.

  • December 03, 2024

    Thompson Coe Settles Defamation Suit From Former Firm Atty

    Thompson Coe Cousins & Irons LLP has reached a settlement in a defamation lawsuit in Texas state court filed by a former firm attorney who was appealing its dismissal under the state's anti-SLAPP law, court records show.

  • December 03, 2024

    2nd Recount Underway In North Carolina Supreme Court Race

    Election officials in North Carolina will embark on a second recount of votes in a close race for a state Supreme Court seat, at the behest of a Republican Court of Appeals judge hoping to unseat his Democratic opponent. 

  • December 03, 2024

    Veterans Group Challenges Exclusion From DEA Pot Hearing

    A veterans group is challenging the U.S. Drug Enforcement Administration's decision to deny it a spot among 25 participants in hearings exploring whether to reschedule cannabis under the Controlled Substances Act, saying veterans have been deprived of an advocate for a conclusion that would best suit their needs.

  • December 03, 2024

    Justices Should Stay Out Of Biden Wage Dispute, Gov't Says

    President Joe Biden's decision to increase federal contractors' hourly minimum wage falls under authority that presidents have exercised for 75 years, the U.S. government said, urging the U.S. Supreme Court to stay out of the Tenth Circuit's decision keeping the wage hike in place.

  • December 02, 2024

    11th Circ. Axes Failed Med Student's Disability Suit

    The Eleventh Circuit on Monday affirmed a win for Florida International University in a dispute with a disabled medical student, ruling that the student's removal was not due to disability discrimination but rather to his failure to meet the minimum academic standards even with accommodations.

  • December 02, 2024

    Fed. Circ. Questions Reynolds' Bid To Undo $95M Patent Loss

    The Federal Circuit probed R.J. Reynolds' challenge to a $95 million damages award against it for infringing Philip Morris' vape patents, questioning Monday the company's argument that the amount was not supported by the evidence.

  • December 02, 2024

    Russia Looks To 4 FSIA Cases In Bid To Stay $5B Award Suit

    Russia urged a D.C. federal judge to pause a case against it by a Yukos Oil Co. unit seeking to enforce $5 billion in arbitral awards, saying Monday that four parallel Foreign Sovereign Immunities Act cases are pending before the Supreme Court and the D.C. Circuit that could affect the suit.

  • December 02, 2024

    DC Circ. Asked To Spike 'Dangerous' NEPA Regulatons Ruling

    Environmental groups are asking the D.C. Circuit to overturn a panel's "demonstrably dangerous" ruling that the White House Council on Environmental Quality lacks the authority to issue legally binding regulations implementing the National Environmental Policy Act.

  • December 02, 2024

    Justices Seem Inclined To Back FDA Block Of Flavored Vapes

    U.S. Supreme Court justices on Monday seemed skeptical of arguments by an e-cigarette company that the U.S. Food and Drug Administration acted unfairly in rejecting its applications to market its flavored vaping products, with several justices supporting the FDA's position that the company knew it had to counterbalance the risk of its products appealing to kids.

  • December 02, 2024

    Meta Can't Dodge $25M Fine For Wash. Election Ads

    Facebook parent company Meta must pay $25 million in fines for repeatedly running afoul of Washington state's political advertising transparency law, a state appellate panel ruled Monday, finding the technology giant's free speech rights were not violated by being forced to comply with the law.

  • December 02, 2024

    Mich. Justices To Mull Immigrant Org.'s Workers' Comp Fight

    The Michigan Supreme Court said Monday it would review whether a one-year filing deadline bars an immigrant legal aid organization from forcing the state to stop denying workers' compensation benefits based on immigration status.

  • December 02, 2024

    DOJ, AGs Back Block Of ESPN Sport Streaming JV At 2nd Circ.

    The Justice Department and a group of Democratic state attorneys general are backing a lower court injunction against a sports-only streaming service from ESPN, Fox and Warner Bros. Discovery, telling the Second Circuit the sports giants can't claim they have a right to refuse dealing with rivals after joining forces.

Expert Analysis

  • Justices Face Tough Question On HHS Hospital Pay Formula

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    In Advocate Christ Medical Center v. Becerra, the U.S. Supreme Court will determine whether the U.S. Department of Health and Human Services properly applied certain Medicare reimbursement adjustments to hospitals — a decision that could significantly affect hospitals' ability to seek higher Medicare reimbursement for low-income patients, say attorneys at Sheppard Mullin.

  • How Attorneys Can Break Free From Career Enmeshment

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    Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.

  • Where Can Privacy Plaintiffs Sue When Injury Is Online?

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    Website owners need to understand wiretapping laws to understand whether they may be sued for activity tracking in California or Pennsylvania courts, where the statutory damages for violations of half-century-old laws can be substantial — and a recent Third Circuit decision suggests establishing specific jurisdiction is not as easy as 1-2-3, say attorneys at Crowell & Moring.

  • Short-Seller Implications Of 10th Circ.'s Overstock Decision

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    The Tenth Circuit's Oct. 15 decision in Overstock Securities Litigation provides clarity on the pleading standard for a market manipulation claim under the Exchange Act, and suggests that short sellers might not be able to rely on the fraud-on-the-market presumption typically invoked by securities plaintiffs, say attorneys at Paul Weiss.

  • Patent Lessons From 4 Federal Circuit Reversals In September

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    Cases that were reversed or vacated by the Federal Circuit last month provide helpful clarity on collateral estoppel, patent eligibility, construction of claim terms that have different boundaries across different claims, and the role of courts as neutral arbiter, say attorneys at Bunsow De Mory.

  • 11th Circ. Ruling Offers Refresher On 'Sex-Plus' Bias Claims

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    While the Eleventh Circuit’s recent ruling in McCreight v. AuburnBank dismissed former employees’ sex-plus-age discrimination claims, the opinion reminds employers to ensure that workplace policies and practices do not treat a subgroup of employees of one sex differently than the same subgroup of another sex, say attorneys at Bradley Arant.

  • Ex-Chicago Politician's Case May Further Curb Fraud Theories

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    The U.S. Supreme Court recently agreed to hear Thompson v. U.S. to determine whether a statement that is misleading but not false still violates federal law, potentially heralding the court’s largest check yet on prosecutors’ expansive fraud theories, with significant implications for sentencing, say attorneys at the Law Offices of Alan Ellis.

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

  • High Stakes In Justices' Review Of Clean Air Act Venue Fights

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    Disputes over the Clean Air Act's venue provision may seem arcane, but a forthcoming U.S. Supreme Court decision encompassing three cases will affect core principles of the separation of powers and constitutional due process in ways that could have significant consequences for the regulated community, say J. Michael Showalter and David Loring at ArentFox Schiff.

  • Testing The Waters As New Texas Biz Court Ends 2nd Month

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    Despite an uptick in filings in the Texas Business Court's initial months of operation, the docket remains fairly light amid an apparent wait-and-see approach from some potential litigants, say attorneys at Norton Rose.

  • Employer Lessons From Mass. 'Bonus Not Wages' Ruling

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    In Nunez v. Syncsort, a Massachusetts state appeals court recently held that a terminated employee’s retention bonus did not count as wages under the state’s Wage Act, illustrating the nuanced ways “wages” are defined by state statutes and courts, say attorneys at Segal McCambridge.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

  • Fed. Circ. Ruling May Signal Software Patent Landscape Shift

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    The Federal Circuit's recent ruling in Broadband iTV, despite similarities to past decisions, chose to rely on prior cases finding patent-ineligible claims directed to receiving and displaying information, which may undermine one of the few areas of perceived predictability in the patent eligibility landscape, say attorneys at King & Wood.

  • Series

    After Chevron: The Future Of OSHA Enforcement Litigation

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    The U.S. Supreme Court's opinion in Loper Bright provides a blueprint for overruling the judicial obligation to defer to an agency's interpretation of its own regulations established by Auer, an outcome that would profoundly change the Occupational Safety and Health Administration’s litigation and rulemaking landscape, say attorneys at Ogletree.

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