Appellate

  • February 05, 2025

    Realty Co. Petitions High Court Over Copyright Fee Dispute

    A Florida real estate broker that was sued for copyright infringement has asked the U.S. Supreme Court to review whether a defendant can recover attorney fees when a plaintiff voluntarily dismisses an action with prejudice.

  • February 05, 2025

    Crypto Expert Witness Ruling Flouts Precedent, Justices Told

    The founder of cryptocurrency service Tornado Cash has asked the U.S. Supreme Court to undo what he called an "unprecedented" order from a Manhattan federal judge to disclose whom he might call as an expert witness at his upcoming money laundering and sanctions-dodging trial.

  • February 05, 2025

    'Dreamers' Tell 8th Circ. ND Can't Challenge Health Coverage

    Deferred Action for Childhood Arrivals recipients have urged the Eighth Circuit to reverse an order blocking a Biden administration rule expanding their rights to Affordable Care Act health insurance coverage, arguing that a lower court erred in finding that North Dakota has standing to sue in the state.

  • February 05, 2025

    'Pay-To-Pay' Fees Are Unfair Debt Practice, 11th Circ. Rules

    The Eleventh Circuit said a mortgage servicing company illegally charged borrowers fees for online and phone payments, upholding a Florida federal court's decision that it improperly collected so-called pay-to-pay convenience fees that were not expressly allowed by underlying loan agreements.

  • February 05, 2025

    6th Circ. Won't Revisit Home Depot Data Breach Coverage Suit

    The Sixth Circuit refused Wednesday to review its January finding that an electronic data exclusion in Home Depot's commercial general liability policies barred coverage for the retail giant's $50 million claim for defense and settlement costs over a 2014 data breach.

  • February 05, 2025

    Penn Hospital Says $200M Judgment Imperils Local Care

    The Hospital of the University of Pennsylvania implored the Pennsylvania Superior Court on Wednesday to upend a purportedly historic $200 million medical malpractice judgment, arguing that the jury's award in the birth injury case was greater than the economic output of some nations and could seriously impact the hospital's operations.

  • February 05, 2025

    Del. Justices Undo Insurance Cap Ruling In Alexion Suit

    Delaware's top court has reversed a Superior Court ruling that upheld Alexion Pharmaceuticals' claim to coverage under a $105 million "tower" of insurance for potential stockholder claims in a suit accusing the company of propping up share prices with misleading information.

  • February 05, 2025

    Palantir Backs Percipient.ai In 'Interested Party' Dispute

    Palantir Technologies Inc. and the National Industries for the Blind are both supporting artificial intelligence company Percipient.ai Inc. in a dispute with the U.S. government over who has standing to challenge unlawful federal procurements.

  • February 05, 2025

    6th Circ. Urged To Revive Allergy Co.'s Antitrust Claims

    An allergy company tried Wednesday to persuade a noncommittal Sixth Circuit panel to revive an antitrust suit it brought against health insurance companies it says worked together to push it out of the market.

  • February 05, 2025

    Philly Archdiocese Freed From Abuse Suit In New Jersey

    New Jersey's highest court has held the Archdiocese of Philadelphia is not subject to Garden State courts in a lawsuit claiming a former priest sexually abused a teenager at the former priest's Jersey Shore house decades ago, ruling there was no evidence the ex-priest was assigned to take the teen on a trip to New Jersey or that the archdiocese was even aware of the trip.

  • February 05, 2025

    Apply Presuit Notice Law Retroactively, Insurer Tells Fla. Court

    Universal Property and Casualty Insurance Co. on Wednesday urged the Florida Supreme Court to reverse a decision declining to apply a state law requiring presuit notice against a property insurance carrier to a policy purchased before the law's effective date.

  • February 05, 2025

    2nd Circ. Says Xerox Must Arbitrate Union's Benefits Dispute

    The Second Circuit upended on Wednesday an order in favor of Xerox in a union's challenge to the company's decision to terminate health benefits for more than 2,000 retirees, saying the parties can arbitrate the dispute despite the collective bargaining agreement, or CBA, between them having expired.

  • February 05, 2025

    6th Circ. Judge Unsure Of Jury Instruction In Bribery Case

    A Sixth Circuit judge seemed skeptical Wednesday of the bribery and racketeering conspiracy standards a jury used to convict former Ohio House Speaker Larry Householder and Republican lobbyist Matthew Borges in connection with the FirstEnergy bailout scandal, suggesting that all campaign contributions could be called bribery.

  • February 05, 2025

    Barnes & Thornburg's Immunity Challenged At Ga. High Court

    An ex-Barnes & Thornburg LLP client suing a now-retired attorney with the firm over his alleged "split loyalties" in an insurance dispute urged the Georgia Supreme Court on Wednesday to revise its standard for when lawyers can be shielded from legal malpractice claims, arguing two lower courts wrongly killed her suit before trial.

  • February 05, 2025

    NJ Supreme Court Will Review Immigrant's Wage Case

    The New Jersey Supreme Court said it will review rulings that denied a bid for unpaid wages by an immigrant living in the country without legal permission, which stemmed from an arrangement that had him performing tasks for a property management company in exchange for an apartment.

  • February 05, 2025

    Conn. Justices Flag Info Gap In Ex's Fight Over Atty's Pay

    A Connecticut Supreme Court panel on Wednesday hinted that fact-finding hearings may be necessary to unravel a feud between local Shook Hardy & Bacon LLP managing partner Robert R. Simpson and his ex-wife over how — or whether — to calculate alimony payments from law firm bonuses under a contested 2013 divorce agreement.

  • February 05, 2025

    Goldstein, Saying He's Mired In Debt, Asks To Redo Bail Terms

    Prominent U.S. Supreme Court attorney and SCOTUSblog publisher Tom Goldstein has a negative net worth of more than $3.3 million and is mired in debt to his attorneys, he said in a filing Wednesday seeking to modify the conditions of his release ahead of a trial on federal criminal tax evasion charges.

  • February 05, 2025

    Appellate Group Of The Year: Hogan Lovells

    Hogan Lovells argued eight cases before the U.S. Supreme Court in 2024, secured key victories for manufacturers of abortion medication and shut down a 21 million-member class action for Google, earning the firm a spot among the 2024 Law360 Appellate Groups of the Year.

  • February 05, 2025

    Justices' Ruling Nixes Md. Court's FLSA Order, 4th Circ. Told

    A Maryland federal court's decision imposing a stricter standard for an employer to claim an overtime exemption is no longer valid after the U.S. Supreme Court said the heightened evidence standard isn't necessary, an international food distributor told the Fourth Circuit.

  • February 05, 2025

    Calif. Panel Revives Malpractice Suit Against Insurer Attys

    A California state appeals court revived an Allstate policyholder's legal malpractice suit against his insurer-appointed attorney, saying the policyholder sufficiently alleged the attorney's drafting of an underlying settlement in a wrongful death suit caused him damages.

  • February 05, 2025

    NC Software Co. Says DQ Of Rival's Atty Shouldn't Stall Trial

    An attorney being kicked off a bitter copyright case over source code shouldn't delay the fast-approaching trial, a U.S. software company told a North Carolina federal judge, arguing that its Dutch rival is trying to use the loss of its preferred counsel as a stalling tactic.

  • February 05, 2025

    11th Circ. Backs Navy Win In IT Worker's Promotion Bias Suit

    The Eleventh Circuit upheld the U.S. Navy's defeat of a civilian tech employee's suit claiming he was passed over for several promotions because he was Hispanic and in his 50s, saying he failed to show that supervisors considered his age or race when making decisions.

  • February 05, 2025

    Pa. Dept.'s Switch On Abortion Funding Leaves Court Unsure

    A Pennsylvania appellate court struggled Wednesday with how to handle a challenge to the state's ban on using Medicaid funding for abortions, after the state's health regulator switched sides to agree with the suing providers and the commonwealth's justices stopped Republican lawmakers from defending the ban.

  • February 05, 2025

    Maryland Judge Blocks Trump Birthright Citizenship Order

    A Maryland federal judge on Wednesday issued a nationwide injunction blocking President Donald Trump's executive order ending birthright citizenship.

  • February 04, 2025

    Russian Bank Can't Ditch Jet Crash Suit, 2nd Circ. Agrees

    The Second Circuit on Tuesday agreed with a lower court's finding that Sberbank of Russia must face Anti-Terrorism Act litigation related to the 2014 downing of a commercial airliner over eastern Ukraine, rejecting the bank's argument that it's entitled to sovereign immunity.

Expert Analysis

  • 7 Ways 2nd Trump Administration May Affect Partner Hiring

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    President-elect Donald Trump's return to the White House will likely have a number of downstream effects on partner hiring in the legal industry, from accelerated hiring timelines to increased vetting of prospective employees, say recruiters at Macrae.

  • Opinion

    Courts Must Curb The Drug Price Negotiation Program

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    The Inflation Reduction Act's drug price negotiation program upends incentive structures that drive medical innovation, and courts must act appropriately to avoid devastating consequences for American healthcare and the pharmaceutical industry, says Jeff Stier at the Consumer Choice Center.

  • E-Discovery Quarterly: Rulings On Custodian Selection

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    Several recent rulings make clear that the proportionality of additional proposed custodians will depend on whether the custodians have unique relevant documents, and producing parties should consider whether information already in the record will show that they have relevant documents that otherwise might not be produced, say attorneys at Sidley.

  • Opinion

    Section 230 Debates Will Continue, With Or Without TikTok

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    Regardless of whether TikTok is forced to shut down in the U.S. in the coming weeks, legal disputes will continue over social media platforms' responsibility under Section 230 of the Communications Decency Act for harms allegedly caused by content shared on their apps, says Carla Varriale-Barker at Segal McCambridge.

  • Surprise NC COVID Ruling Revises Reasonable Expectations

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    The North Carolina Supreme Court's recent finding in favor of policyholders in a suit for business interruption coverage due to COVID-19 shutdown orders runs contrary to most other state and federal courts' holdings on the issue, and may revitalize the reasonable expectations doctrine in the state, say attorneys at Goldberg Segalla.

  • Impact Of Successful Challenges To SEC's Rulemaking Ability

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    In 2024, the U.S. Securities and Exchange Commission faced significant legal challenges to its aggressive rulemaking agenda as several of its rules were vacated by the Fifth Circuit, which could hinder the SEC's ability to enact rules extending beyond express statutory authority in the future, say attorneys at Debevoise.

  • 5 Transition Tools Trump Could Use To Implement His Agenda

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    President-elect Donald Trump will have several tools available to him to halt or otherwise claw back federal regulations promulgated during the Biden administration, including reconciliation, executive orders and memoranda, say attorneys at Gibson Dunn.

  • When Judging Product Label Claims, Follow The Asterisk

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    A recurring question in false advertising class actions is whether misleading or ambiguous statements on a product's front label can be cured by information on the back label — but recent decisions from the Ninth Circuit suggest that a front-label asterisk can help alert consumers to seek further clarification, say attorneys at Hunton.

  • Justices Seem Focused On NEPA's Limits In Utah Rail Case

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    After last month's oral argument at the U.S. Supreme Court in Seven County Infrastructure Coalition v. Eagle County, Colorado, the court appears poised to forcefully reiterate that the National Environmental Policy Act requires federal agencies to review only those environmental impacts within their control, say attorneys at Perkins Coie.

  • Fed. Circ. Patent Decisions In 2024: An Empirical Review

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    Despite an ever-increasing backlog of argument-ready cases, the Federal Circuit issued fewer decisions in 2024 than in previous years, and the decisions' overall friendliness toward patent owners and applicants was low, says Dan Bagatell at Perkins Coie.

  • Series

    Exercising On My Peloton Bike Makes Me A Better Lawyer

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    While I originally came to the Peloton bike for exercise, one cycling instructor’s teachings have come to serve as a road map for practicing law thoughtfully and mindfully, which has opened opportunities for growth and change in my career, says Andrea Kirshenbaum at Littler.

  • 5 Drug And Device Developments That Shaped 2024

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    The last year saw significant legal developments affecting drug and device manufacturers, with landmark decisions and regulatory changes that require vigilance and agility from the industry, say attorneys at Faegre Drinker.

  • Lessons From United's Axed Win In Firing Over Online Pics

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    In Wawrzenski v. United Airlines, a California state appeals court revived a flight attendant’s suit over her termination for linking photos of herself in uniform to her OnlyFans account, providing a cautionary tale for employers navigating the complexities of workplace policy enforcement in the digital age, say attorneys at ArentFox Schiff.

  • Reviewing The High Court's Approach To Free Speech Online

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    As the U.S. Supreme Court began addressing the interplay between the First Amendment and online social media platforms, its three opinions from last term show the justices adopting a nuanced approach that recognizes that private citizens, public employees and online platforms all have First Amendment rights, say attorneys at Jenner & Block.

  • Series

    In The CFPB Playbook: A Sprint To The Finish Line

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    The fourth quarter of 2024 was an impressive demonstration of the Consumer Financial Protection Bureau's ability to regulate, enforce and supervise, even on borrowed time following the election results, and we should expect the current bureau to run nonstop until Jan. 20, say attorneys at Covington.

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