Appellate

  • January 29, 2025

    Labcorp Can't Flip Patent Board Loss At Fed. Circ.

    Labcorp had no luck Wednesday trying to convince Federal Circuit judges to overturn a patent board decision that refused to invalidate a host of claims in a patent covering a way of detecting genetic disorders.

  • January 29, 2025

    LG Foe Loses Fed. Circ. Appeal On Image Processing Patent

    The Federal Circuit shot down an appeal launched by a face detection technology patent owner over how a lower court construed claim terminology in the patent, handing a win Wednesday to LG in a suit accusing it of infringement.

  • January 29, 2025

    8th Circ. Rejects Oglala Rancher's Cattle Theft Appeal

    The Eighth Circuit has rejected an appeal by an Oglala Sioux rancher who looked to undo a lower court's finding that he was afforded due process before several head of his cattle were impounded when found to be improperly grazing on the Pine Ridge Indian Reservation.

  • January 29, 2025

    Cell Tower Co. Says Colo. Jury Was Misled Over Dish Lease

    Telecom infrastructure giant Crown Castle is urging the Colorado Court of Appeals to vacate a jury finding in its $32 million suit against Dish Network over allegedly unpaid cell tower site rent, arguing that a judge's pretrial ruling led the jury to incorrectly find that Dish wasn't at fault.

  • January 29, 2025

    Tom Goldstein Seeks To Shield DC Home In Tax Crimes Case

    Appellate lawyer and SCOTUSblog publisher Tom Goldstein asked a Maryland federal judge Wednesday if he could put up three South Carolina properties as collateral for his pretrial release in place of his Washington, D.C., home as he faces charges of tax evasion and mortgage fraud.

  • January 29, 2025

    5th Circ. Says DOT Must Redo Airline Fees Disclosure Rule

    The Fifth Circuit has ordered the U.S. Department of Transportation to reassess its rule requiring airlines to more clearly disclose add-on fees upfront, saying the Biden administration failed to properly consider public comments on how costly it would be for airlines to comply with the 2024 mandate.

  • January 29, 2025

    Families Of Slain Urge Justices To Uphold Terror Victim Law

    Relatives of U.S. nationals killed in terrorist attacks in Israel told the U.S. Supreme Court this week that the Second Circuit was wrong to invalidate a federal law that broadened jurisdiction for Anti-Terrorism Act cases against the Palestine Liberation Organization.

  • January 29, 2025

    6th Circ. Doubts Free Speech Flouted By Deer Hunt Drone Ban

    Sixth Circuit judges sounded skeptical on Wednesday that a drone company can challenge a Michigan law barring drone use to hunt deer by claiming the law violates their free-speech ability to use the devices to locate and communicate about fallen game, with the judges suggesting the statute seems to regulate conduct rather than speech.

  • January 29, 2025

    SCOTUSBlog Publisher Faces Tough Odds In Tax Crimes Case

    SCOTUSblog publisher Tom Goldstein, an expert U.S. Supreme Court lawyer accused of paying gambling debts with funds from his law firm and dodging taxes, faces an uphill battle given the considerable amount of evidence the government has already included in an indictment against him, attorneys told Law360. 

  • January 29, 2025

    Small Biz Org Can't Jump Into 5th Circ. Noncompete Ban Case

    A Fifth Circuit judge has summarily refused to permit an entrepreneurs group to intervene in support of the Federal Trade Commission's currently blocked noncompete ban, an intervention sought in case the commission opts to abandon its defense.

  • January 29, 2025

    Full Fed. Circ. Won't Allow MSN To Launch Generic Entresto

    The Federal Circuit is standing by its decision to bar MSN Pharmaceuticals from launching a generic version of Novartis' bestseller, the cardiovascular drug Entresto, as Novartis tries to persuade the court that it deserves an injunction through July. 

  • January 29, 2025

    Co.'s Missing Signature Prevents Arbitration In Wage Row

    A former home sales representative for a cosmetics company can keep her wage suit in court, a California state appellate panel ruled, affirming a lower court's ruling that the company failed to show it had a valid arbitration agreement with the worker because it didn't sign the pact.

  • January 29, 2025

    9th Circ. Affirms Ax Of Patent Atty's Allergan FCA Fight

    A Ninth Circuit panel on Wednesday affirmed the dismissal of a patent attorney's False Claims Act lawsuit alleging Allergan and Adamas Pharma fraudulently obtained patents to block generic competition for two Alzheimer's drugs, finding the information he disclosed was already publicly available and so his FCA claims are barred.

  • January 29, 2025

    Retailers Back Intel, OpenSky In VLSI IP Fight At Fed. Circ.

    A retail trade association has urged the Federal Circuit to affirm the U.S. Patent and Trademark Office's decision not to throw out a challenge to a VLSI chip patent that ended up being invalidated, saying there was nothing wrong with allowing Intel to join the fight.

  • January 29, 2025

    Fla. Judge OKs Settlement In Energy Drink Co. Bankruptcy

    A Florida federal bankruptcy judge on Wednesday approved a $3 million settlement in the bankruptcy case of Vital Pharmaceuticals Inc., the company that produces Bang Energy drinks, but declined to seal an agreement with an insurer over the costs of litigation in a Monster Energy Co. lawsuit.

  • January 29, 2025

    Rental Co. Urges NC Justices To Review Debt Deadline Ruling

    A South Carolina real estate rental company urged the North Carolina Supreme Court on Tuesday to overturn a lower court's decision that the company missed the window to enforce a debt because the automatic stay triggered by the debtor's bankruptcy filing didn't toll the statutory 10-year period for the company to renew the judgment.

  • January 29, 2025

    Appeals Panel Ponders If NC Bar Can Disbar NY-Licensed Atty

    A state appellate panel on Wednesday grappled with the North Carolina State Bar's jurisdiction when it comes to disciplining lawyers who aren't its members, questioning how the agency could disbar an immigration attorney who lives in the Tar Heel State but is licensed in New York.

  • January 29, 2025

    Jenzabar Tells Del. Justices Investor Delay Sinks $26M Award

    An attorney for the founder of a higher education software company told Delaware's Supreme Court on Wednesday that shareholders moved too late to recover on claims they were kept in the dark when millions in stock purchase warrants were allowed to expire without notice that they could invest in a follow-on opportunity.

  • January 29, 2025

    Japanese Candy Biz Loses Trademark Fight With Rival Seller

    A Japanese candy exporter failed Wednesday to sway Federal Circuit judges to overturn a trademark board ruling as part of its fight with a rival company over who can use the Japanese word for "feudal lord" in order to sell candy.

  • January 29, 2025

    3rd Circ. Says DOE Pool Pump Rule Detractor Failed To Object

    A Third Circuit panel unanimously denied on Wednesday a swimming pool pump manufacturer's challenge of the U.S. Department of Energy's conservation standards for pump motors, ruling that the company had waived its argument.

  • January 29, 2025

    2nd Circ. Rejects NY Tribe's Eel Fishing Regs Challenge

    The Second Circuit has upheld a lower court's rejection of the Unkechaug Indian Nation's challenge to New York State Department of Environmental Conservation regulations on eel harvests, finding that an agreement dating back to 1676 is not federal law preempting state fishing regulations.

  • January 29, 2025

    Firm Sued Over Ex-Eagles Player's $43.5M Knee Injury Verdict

    A medical clinic says it was saddled with paying $16 million of a $43.5 million verdict after its attorneys at O'Brien & Ryan LLP failed to properly negotiate a settlement with former Philadelphia Eagles player Chris Maragos in a lawsuit over the treatment of his career-ending injury.

  • January 29, 2025

    DOT, Alaska Air Slam Frontier's Bid To Halt DCA Slot Award

    The U.S. Department of Transportation and Alaska Airlines Inc. are urging the D.C. Circuit to reject Frontier Airlines' emergency bid to block Alaska Airlines from offering direct flights from Ronald Reagan National Airport, just outside Washington, D.C., to San Diego, saying that halting the service would benefit no one.

  • January 29, 2025

    Ga. Appeals Court Trims Atty Fee Award Under Settlement Law

    A Georgia state appeals court on Wednesday mostly upheld a $1.7 million attorney fees award to a technology consulting business on the grounds that the man who brought the suit had rejected a $10,000 settlement offer in his dismissed fraudulent conveyance suit, but the panel said the fees must be recalculated to exclude appellate proceedings.

  • January 29, 2025

    Atty's Indictment DQs Firm From Retaliation Suit, Panel Told

    A social worker suing New Jersey for retaliation told a state appeals court Wednesday that Brown & Connery LLP should be disqualified from representing the state, arguing the indictment of senior partner William Tambussi creates a conflict of interest for the firm.

Expert Analysis

  • Navigating The Bankruptcy Terrain After Purdue Pharma

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    The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.

  • 5 Considerations For Obviousness-Type Double Patenting

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    The U.S. Supreme Court’s recent denial of certiorari for In re: Cellect highlights the current state of obviousness-type double patenting based on that case and another recent Federal Circuit decision, including that ODP is not fatal, that divisional applications are protected from ODP and more, says Fabian Koenigbauer at Ice Miller.

  • How To Avoid Risking Arbitration Award Confidentiality In NY

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    Though a Second Circuit decision last year seemed to create a confidentiality safe harbor for arbitration awards that had no ongoing compliance issues, a recent New York federal court ruling offers further guidance on the meaning of "ongoing compliance issues," says Matthew Iverson at Nelson Mullins.

  • How Project 2025 Could Upend Federal ESG Policies

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    If implemented, Project 2025, the Heritage Foundation's policy playbook for a Republican presidential administration, would likely seek to deploy antitrust law to target ESG initiatives, limit pension fund managers' focus to pecuniary factors and spell doom for the U.S. Securities and Exchange Commission's climate rule, say attorneys at Mintz.

  • E-Signature Best Practices For Employers After Calif. Ruling

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    In Garcia v. Stoneledge Furniture, a California appellate court found an arbitration agreement invalid after an employee raised doubts about the authenticity of its e-signature, underscoring the importance of employers implementing additional measures to verify the authenticity of electronically signed documents, say Ash Bhargava and Reece Bennett at Atkinson Andelson.

  • Patent Lessons From 7 Federal Circuit Reversals In August

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    The Federal Circuit’s seven vacated or reversed cases from August provide helpful clarity on obviousness-type double patenting, written description and indefiniteness, and suggest improved practices for petitioners and patent owners in inter partes review, say Denise De Mory and Li Guo at Bunsow De Mory.

  • Smith's New Trump Indictment Is Case Study In Superseding

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    Special counsel Jack Smith’s recently revised Jan. 6 charges against former President Donald Trump provide lessons for prosecutors on how to effectively draft superseding indictments in order to buttress or streamline their case, as necessary, says Jessica Roth at Cardozo Law School.

  • Key Insurance Implications Of Hawaii's Historic GHG Ruling

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    In Aloha Petroleum v. National Union Fire Insurance, the Hawaii Supreme Court became the first state court to classify greenhouse gasses as pollutants barred from insurance coverage, a ruling likely to be afforded great weight by courts across the country, say Scott Seaman and Gar Lauerman at Hinshaw & Culbertson.

  • Use The Right Kind Of Feedback To Help Gen Z Attorneys

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    Generation Z associates bring unique perspectives and expectations to the workplace, so it’s imperative that supervising attorneys adapt their feedback approach in order to help young lawyers learn and grow — which is good for law firms, too, says Rachael Bosch at Fringe Professional Development.

  • What To Expect As Worker Bias Suit Heads To High Court

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    The U.S. Supreme Court is set to hear Ames v. Ohio Department of Youth Services, which concerns how courts treat discrimination claims brought by majority group plaintiffs, and its decision could eliminate the background circumstances test, but is unlikely to significantly affect employers' diversity programs, say Victoria Slade and Alysa Mo at Davis Wright.

  • Opinion

    Congress Can And Must Enact A Supreme Court Ethics Code

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    As public confidence in the U.S. Supreme Court dips to historic lows following reports raising conflict of interest concerns, Congress must exercise its constitutional power to enact a mandatory and enforceable code of ethics for the high court, says Muhammad Faridi, president of the New York City Bar Association.

  • What To Make Of Dueling Corporate Transparency Act Rulings

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    Although challenges to the Corporate Transparency Act abound — as highlighted by recent federal court decisions from Alabama and Oregon taking opposite positions on its constitutionality — the act is still law, so companies should comply with their filing requirements or face the potential consequences, say attorneys at Lowenstein Sandler.

  • Series

    The Pop Culture Docket: Justice Lebovits On Gilbert And Sullivan

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    Characters in the 19th century comic operas of Gilbert and Sullivan break the rules of good lawyering by shamelessly throwing responsible critical thought to the wind, providing hilarious lessons for lawyers and judges on how to avoid a surfeit of traps and tribulations, say acting New York Supreme Court Justice Gerald Lebovits and law student Tara Scown.

  • New TCPA Rule Faces Uncertain Future Post-Loper Bright

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    The Federal Communications Commission's new rule aiming to eliminate lead generators' use of unlawful robocalls is now in doubt with the U.S. Supreme Court's Loper Bright decision, and the Eleventh Circuit's Insurance Marketing Coalition v. FCC is poised to be a test case of the agency's ability to enforce the Telephone Consumer Protection Act post-Chevron, say attorneys at Baker McKenzie.

  • 6th Circ. Preemption Ruling Adds Uncertainty For Car Cos.

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    Automakers and their suppliers need uniformity under the law to create sufficient scale and viable markets — but the Sixth Circuit's recent decision in Fenner v. General Motors creates more uncertainty around the question of when state law consumer claims related to violations of federal vehicle emissions and fuel economy standards are preempted, say attorneys at Sidley.

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