Appellate

  • January 31, 2025

    NC Justices Rule Abuse Law Is Legal, Exempts Resolved Suits

    The North Carolina Supreme Court ruled Friday that adults can bring civil actions over sex abuse they suffered as children after determining a state law allowing the revival of such claims is constitutional, but said the statute doesn't apply to similar cases that have already been adjudicated.

  • January 31, 2025

    Pause UScellular Deal During False Claims Case, Attys Say

    Two communications attorneys have urged the Federal Communications Commission to reject the $4.4 billion transfer of UScellular spectrum licenses to T-Mobile, at least until their False Claims Act dispute with the company can be resolved in the D.C. Circuit.

  • January 31, 2025

    En Banc Pa. Court Restores $2.3M Injury Award Against Domino's

    A Pennsylvania appellate court said the Domino's pizza chain can indeed be held liable for a $2.3 million verdict in a suit accusing a franchisee's delivery driver of causing a motorcyclist's severe injuries, saying the company had sufficient control over the franchisee's operations.

  • January 31, 2025

    9th Circ. Affirms Mormon Church's Win In Tithing Fraud Case

    The Ninth Circuit on Friday affirmed the dismissal of a lawsuit against the Church of Jesus Christ of Latter-day Saints from a wealthy and prominent former member who claimed the church fraudulently used members' tithes to fund commercial projects — with one judge arguing the case should have been tossed on church autonomy grounds only.

  • January 31, 2025

    Justices Implored To Consider Tipster Medical Device Row

    A nonprofit formed by Gretchen Carlson, a former Fox News anchor who has advocated against forced arbitration after suing the network's chairman for harassment, has urged the U.S. Supreme Court to consider a whistleblower's challenge to an arbitration award given to a medical device company in a trade secrets dispute.

  • January 31, 2025

    Small Biz Attys Jump Into 4th Circ. Shell Co. Law Challenge

    A business group has urged the Fourth Circuit to stop the U.S. Department of the Treasury from enforcing a law that requires companies to disclose personal identifying information about their beneficial owners and applicants to the agency, saying the law exceeds the limit of Congress' power to regulate intrastate economic activity.

  • January 31, 2025

    FCA, Chamber Tell 6th Circ. GM Defect Class Has Flaws

    Fiat Chrysler, tax-exempt legal organizations and industry trade groups are urging the Sixth Circuit to undo the class certification of drivers suing General Motors over alleged transmission defects, arguing in amicus briefs that a trial court lumping the plaintiffs together "glossed over material differences in the evidence and applicable state laws."

  • January 31, 2025

    HUD Seeks Pause On Insurers' Appeal Over Fair Housing Rule

    U.S. Department of Housing and Urban Development attorneys asked a D.C. Circuit court Friday to pause consideration of an insurance industry trade group's appeal over a HUD rule addressing discrimination claims under the Fair Housing Act, saying the agency's new leadership may reconsider the rule altogether.

  • January 31, 2025

    Mich. Judge Can't Pause Discipline Case During Bias Probe

    The Michigan Supreme Court won't halt disciplinary proceedings against a judge accused of lying about another judge's conduct to wait for an ongoing audit of potential racial disparities in the state's judicial discipline process to be completed.

  • January 31, 2025

    Del. Justices Uphold $33M-Plus Award In Software Co. Suit

    Delaware's Supreme Court shot down on Friday a higher education software company founder's appeal from a $33 million-and-growing Court of Chancery award favoring shareholders who claimed they were kept in the dark when millions in stock purchase warrants were allowed to expire without notice.

  • January 31, 2025

    9th Circ. Affirms Aerospace Co. Code Meets Fair Use Standard

    Aerospace contractor Astronics has convinced Ninth Circuit judges that the code used in its replacement parts is covered by the same fair use protections created by the U.S. Supreme Court's Google v. Oracle decision.

  • January 31, 2025

    Med Transport Broker Must Face Injury Claims, Ga. Panel Says

    The Georgia Court of Appeals has reversed a trial court's grant of summary judgment to a non-emergency medical transportation broker that was sued when the driver of one of its vehicles allegedly failed to secure a woman's wheelchair, throwing her to the floor during a sudden stop.

  • January 31, 2025

    US Chamber Backs Exxon Suit Over Seized Cuba Property

    The U.S. Chamber of Commerce urged the U.S. Supreme Court to accept Exxon Mobil Corp.'s challenge of a D.C. Circuit decision that made it harder for the energy giant to seek damages over property that Fidel Castro's government confiscated decades ago in Cuba.

  • January 31, 2025

    Texas Justices Won't Shut Down Court Reporter's AI Case

    A Texas court reporter will be permitted to continue pursuing an administrative complaint against an artificial intelligence-powered "digital reporting firm," after the administrative agency in charge of court stenography in Texas lost its bid for the state's high court to end the case on Friday.

  • January 31, 2025

    3rd Circ. Backs DOL's $7M Win In Care Co. Wage Suit

    The Third Circuit refused on Friday to overturn a $7 million judgment in favor of the U.S. Department of Labor in its lawsuit against a home care company, saying the time workers spent traveling between clients' homes is fundamental to their jobs and must be compensated.

  • January 31, 2025

    6 Argument Sessions Benefits Attys Should Watch In Feb.

    The en banc Eleventh Circuit will consider whether federal anti-discrimination law bars a Georgia county health plan from refusing to cover a worker's gender-confirmation surgery while the Second Circuit will hear from an NBA referee defending his win in a pension payout case.

  • January 31, 2025

    Full DC Circ. Will Not Review White House NEPA Power Ruling

    The D.C. Circuit on Friday rejected petitions for en banc review of a panel's ruling that the White House does not have the legal authority to promulgate regulations implementing the National Environmental Policy Act.

  • January 31, 2025

    Out-Of-State Broker Must Face Texas Suit Over $25M Scheme

    A Texas appeals court found an insurance broker can't escape a lawsuit alleging it conspired with a Texas law firm to defraud a couple using a $25 million scheme, saying in a Thursday opinion that obtaining a Texas license subjects the company to Texas law.

  • January 31, 2025

    Supreme Court Eyes Its 'Next Frontier' In FCC Delegation Case

    A case about broadband subsidies will give the U.S. Supreme Court the chance to revive a long-dormant separation of powers principle that attorneys say could upend regulations in numerous industries and trigger a power shift that would make last term's shake-up of federal agency authority pale in comparison. And a majority of the court already appears to support its resurrection.

  • January 31, 2025

    Owners Appeal Docs Order In Yale's $435M Hospital Sale Fight

    Three companies that own property occupied by bankrupt Prospect Medical Holdings Inc. hospitals in Connecticut have appealed a state trial court judge's order to provide documents to Yale New Haven Health in a fight over a $435 million purchase agreement.

  • January 31, 2025

    After High Court, SuperValu's $123M FCA Case Heads To Trial

    SuperValu is bound for trial in February over whistleblower claims that it billed the government higher-than-customary prices for millions of prescriptions, marking an important test of a recent U.S. Supreme Court ruling that revived the case and redefined the standard of proof under the False Claims Act.

  • January 31, 2025

    Apple Wants Google Search Case Paused For Appeal

    Apple filed an emergency motion asking a Washington, D.C., federal court to pause the landmark monopolization case targeting Google's search dominance while it appeals a decision refusing to allow the company to participate in the upcoming remedies trial.

  • January 31, 2025

    NJ, 15 Other States Urge 5th Circ. To Revive ATF Trigger Ban

    New Jersey led a coalition of 16 states urging the Fifth Circuit to reverse a Texas federal court decision blocking the U.S. Bureau of Alcohol, Tobacco, Firearms and Explosives from classifying forced reset triggers as illegal machine guns, arguing, "FRTs are new, but the mechanical principles on which they operate are not."

  • January 31, 2025

    Off The Bench: NIL Deal Skeptics, Padres Feud, Rozier Probe

    In this week's Off The Bench, critics get their knives out for the NCAA's $2.78 billion class action settlement with college athletes over name, image and likeness rights, the family feud over ownership of the San Diego Padres intensifies, and a federal gambling probe ensnares Miami Heat guard Terry Rozier.

  • January 31, 2025

    Ga. Appeals Court Backs Wellstar In Doc Defamation Fight

    A former Wellstar Health System doctor who sued the organization for reporting his suspension from duty to a national database had his bid for an injunction forcing Wellstar to void the report shot down by the Georgia Court of Appeals Friday.

Expert Analysis

  • Justices Mull Sex-Based Classification In Trans Law Case

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    After the U.S. Supreme Court heard oral argument in U.S. v. Skrmetti this week, it appears that the fate of the Tennessee law at the center of the case — a law banning gender-affirming healthcare for transgender adolescents — will hinge on whether the majority read the statute as imposing a sex-based classification, says Alexandra Crandall at Dickinson Wright.

  • Corporate Liability Issues To Watch In High Court TM Case

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    The U.S. Supreme Court will hear arguments in a trademark dispute between Dewberry Group and Dewberry Engineers next week, presenting an opportunity for the court to drastically alter the fundamental approach to piercing the corporate veil, or adopt a more limited approach and preserve existing norms, say attorneys at Bracewell.

  • Trending At The PTAB: Collateral Estoppel Continues Evolving

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    We are starting to see brighter lines on collateral estoppel involving Patent Trial and Appeal Board proceedings, illustrated by two recent cases that considered whether collateral estoppel should apply to factual findings on prior art from the PTAB in a later district court litigation, say attorneys at Finnegan.

  • Series

    Gardening Makes Me A Better Lawyer

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    Beyond its practical and therapeutic benefits, gardening has bolstered important attributes that also apply to my litigation practice, including persistence, patience, grit and authenticity, says Christopher Viceconte at Gibbons.

  • Takeaways From DOJ's Intervention On Pricing Algorithm Use

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    A recent U.S. Justice Department amicus brief arguing that a Nevada federal judge wrongly focused on the nonbinding aspect of software company Cendyn Group's pricing algorithm underscores the growing challenge of determining when, if ever, pricing algorithms are legal, say attorneys at Rule Garza.

  • ERISA Ruling Is A Win For DOL Regulatory Authority

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    In Rappaport v. Guardian Life Insurance, a New York federal court recently issued a notable disability benefits ruling in finding that the U.S. Supreme Court’s Loper Bright opinion does not affect how existing U.S. Department of Labor regulations apply in Employee Retirement Income Security Act litigation, says Mark DeBofsky at DeBofsky Law.

  • Litigation Inspiration: Reframing Document Review

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    For attorneys — new ones especially — there is much fulfillment to find in document review by reflecting on how important, interesting and pleasant it can be, says Bennett Rawicki at Hilgers Graben.

  • What Fed. Circ. Ruling Means For Patent Case Dismissals

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    ​​​​​​​The Federal Circuit's recent decision in UTTO v. Metrotech is significant because it specifically authorizes district courts to dismiss patent infringement lawsuits without a separate Markman hearing, but only when the meaning of a claim term is clear and case-dispositive, says Peter Gergely at Merchant & Gould.

  • 7th Circ. Travel Time Ruling Has Far-Reaching Implications

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    In a case of first impression, the Seventh Circuit’s recent holding in Walters v. Professional Labor Group will have significant implications for employers that must now provide travel time compensation for employees on overnight assignments away from home, says Anthony Sbardellati at Akerman.

  • The Fed. Circ. In October: Anti-Suit Injunctions And SEPs

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    The Federal Circuit's holding in Ericsson v. Lenovo, a complex global case involving standard-essential patents, will likely have broad consequences for practitioners, including by making it easier to obtain an anti-suit injunction, say attorneys at Knobbe Martens.

  • IP Ruling Likely To Limit Arguments Against Qualified Experts

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    The Federal Circuit's recent decision in Osseo v. Planmeca, clarifying when experts may offer testimony from the perspective of a skilled artisan, provides helpful guidance on expert qualifications and could quash future timing arguments regarding declarants' expertise, says Whitney Jenkins at Marshall Gerstein.

  • Unpacking Arguments From High Court's Rural Hospital Case

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    During oral arguments in Advocate v. Becerra, the U.S. Supreme Court justices focused questions on the meaning of being "entitled to" supplementary security income assistance, and there's reason for optimism that the likely split decision will break in favor of hospitals, say attorneys at King & Spalding.

  • Args In 2 High Court Cases May Foretell Clarity For Employers

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    Mary Anna Brand at Maynard Nexsen examines possible employment implications of two cases argued before the Supreme Court this fall, including a higher bar for justifying employees as overtime exempt under the Fair Labor Standards Act, and earlier grants of prevailing party status for employee-plaintiffs seeking attorney fees.

  • California Supreme Court's Year In Review

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    Attorneys at Horvitz & Levy highlight notable decisions on major questions from the California Supreme Court's last term, including voter initiatives, hostile work environment and the economic loss rule.

  • DC Circ. Decision Opens Door To NEPA Regulation Litigation

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    A recent D.C. Circuit decision in Marin Audubon Society v. Federal Aviation Administration could open the door to more litigation over the White House Council on Environmental Quality's National Environmental Policy Act regulations, and could affect how many agencies conduct and interpret environmental assessments, say attorneys at ArentFox Schiff.

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