Appellate

  • January 22, 2025

    Full DC Circ. Stands By Wipeout Of FERC Pipeline Approvals

    The D.C. Circuit has rejected Williams Cos.' requests to reconsider a panel's decision scrapping Federal Energy Regulatory Commission approvals of a five-state expansion of the company's Transco pipeline system, despite more than a half-dozen amicus parties backing the rehearing requests.

  • January 22, 2025

    9th Circ. Won't Revive Express Scripts Generics Dispute

    A Ninth Circuit panel won't renew a suit accusing Express Scripts of shortchanging a Seattle pharmacy on reimbursements for the generic version of HIV/AIDS drug Truvada, finding that only the name-brand prescription was listed in their contract as a "covered specialty medication" entitled to a higher payback rate.  

  • January 22, 2025

    Trump Order Moots DHS Parole Program Case, 5th Circ. Told

    Among President Donald Trump's first-day executive orders is a mandate that likely moots a challenge to a Biden administration parole program set to go before the Fifth Circuit next month, the federal government told the court Tuesday.

  • January 22, 2025

    Mich. Justices Demand To Know Where The Sidewalk Ends

    Michigan's chief justice conjured images of pens baked inside cakes and dozens of knives sticking out of concrete as she tried to pin down the city of Detroit on defining the physical limits of a sidewalk, in a case to determine whether the city is liable for a man who tripped on a metal pole surrounded by cement. 

  • January 22, 2025

    #MeToo Claims Against Ex-Defender's Boss To Stay Sealed

    A federal judge on Wednesday shot down a former assistant public defender's renewed attempt to lay bare certain #MeToo complaints against her one-time employer as part of a long-running case casting a spotlight on the judiciary's internal complaint process for workplace misconduct.

  • January 22, 2025

    Conn. Top Justice Nominee Touts Tech, Defends Salary Stance 

    Connecticut Supreme Court interim Chief Justice Raheem L. Mullins heard praise for his technology advocacy and pushback for his outspoken stance on judicial salaries Wednesday from the state legislature's Joint Committee on Judiciary, which is considering his nomination to the high court's top spot for a full eight-year term.

  • January 22, 2025

    5th Circ. Sends Beck Redden Malpractice Suit To State Court

    The malpractice suit a disbarred Texas attorney brought against his former counsel belongs in state court, the Fifth Circuit has determined, declining to reconsider a December ruling that remanded a Texas federal judge's order throwing out claims against Beck Redden LLP, finding the Southern District of Texas lacked jurisdiction.

  • January 22, 2025

    Case Removal Rules Aimed At Fairness, Ex-Atty Tells 5th Circ.

    Several Fifth Circuit judges seemed keen Wednesday to clarify what activity in state court would bar litigants from removing their cases to federal court, as the full appeals court reconsidered a remand order for a Houston firm's poaching suit.

  • January 22, 2025

    Calif. Panel Upholds $200K Fee Award In Dispatchers' OT Row

    Two train dispatchers could recover $200,000 in attorney fees and costs after snagging a bench trial win in their overtime suit against a transportation company because a California state court looked at their case anew, a state appellate panel ruled.

  • January 22, 2025

    Exonerees In Mass. Drug Lab Scandal Can't Undo Forfeiture

    The First Circuit has tossed what was left of a lawsuit seeking the return of forfeited funds and property to thousands of Massachusetts residents whose drug convictions were vacated due to the misconduct of two crime lab chemists.

  • January 22, 2025

    Fla. Attys Face Ethics Charges For Settling Dead Client's Suits

    Two Boca Raton, Florida-based lawyers cannot escape ethics charges after they conditionally admitted to settling cases after their client had died, the Florida Supreme Court has ruled, denying their proposed consent judgments, which would have suspended them for a period of nine months.

  • January 22, 2025

    Atty Seeks Appeal In Failed Bid To Unwind 'Varsity Blues' Plea

    A former attorney and television executive wants to ask the First Circuit whether her guilty plea in the "Varsity Blues" college admissions case should stand after a U.S. Supreme Court ruling that she argues invalidates the government's theory.

  • January 21, 2025

    Key Justices Stay Quiet As High Court Weighs FCC Deference

    Several U.S. Supreme Court justices on Tuesday appeared open to giving district courts more leeway to review the Federal Communciations Commission's tome of regulations under the Telephone Consumer Protection Act, although the two justices expected to cast pivotal votes refrained from posing questions. 

  • January 21, 2025

    10th Circ. Looks For Limits In Custodia's Master Account Suit

    The Federal Reserve Bank of Kansas City on Tuesday told a Tenth Circuit panel that the crypto-focused Custodia Bank is not entitled to a so-called master account that it has sued the Federal Reserve to get, while acknowledging that the Fed's own discretion to deny such an account has its limits.

  • January 21, 2025

    Del. Justices Seal Oracle's Win In $9.3B NetSuite Merger Suit

    The Delaware Supreme Court on Tuesday affirmed the Chancery Court's toss last year of a challenge to Oracle Corp.'s $9.3 billion acquisition of NetSuite Corp. in 2016, saying the Chancery did not err in finding that the transaction was untainted from influence by Oracle's management or its founder and top shareholder.

  • January 21, 2025

    EPA Defends Power Plant Effluent Rule At 8th Circ.

    The U.S. Environmental Protection Agency is asking the Eighth Circuit to reject challenges to its rule setting new wastewater limitations for coal-fired power plants that have been lodged by green groups, Republican-led states, utilities and industry organizations.

  • January 21, 2025

    High Court Urged To Review Copyright 'Discovery Rule' Fight

    A shoe designer wants the U.S. Supreme Court to review her appeal of a Second Circuit decision reviving a photography studio's copyright infringement suit, saying the justices need to examine a judicial doctrine holding that copyright claims accrue when an alleged infringement is discovered.

  • January 21, 2025

    Firm Tells Fed. Circ. It Was Wrongly Sanctioned In Patent Row

    Moarbes LLP has urged the Federal Circuit to overturn over $23,000 in sanctions against it for not complying with discovery orders in a door manufacturing patent suit, saying the ruling wrongly relied on a letter from the firm's client criticizing its work.

  • January 21, 2025

    Ala. Gets In On Trans Ga. Deputy's 11th Circ. Rehearing

    The state of Alabama will get a chance to weigh in at closely watched oral arguments next month when the full Eleventh Circuit will consider whether a Georgia county's denial of coverage for a transgender deputy's gender-affirming surgery violates federal employment discrimination laws.

  • January 21, 2025

    EPA Tells DC Circ. Its PFAS Superfund Rule Is On Solid Ground

    The U.S. Environmental Protection Agency has claimed that it is perfectly within its authority to label two forever chemicals as "hazardous substances" under the federal Superfund law, urging the D.C. Circuit to toss an industry group's challenge to its designation powers.

  • January 21, 2025

    4th Circ. Won't Undo Doctor's Conviction For Reusing Devices

    A former North Carolina ear, nose and throat doctor staring down 25 years in prison for healthcare fraud lost an appeal Tuesday seeking to overturn her conviction, with the Fourth Circuit finding that the lower court did not commit any reversible error that would favor a shot at redemption.

  • January 21, 2025

    EPA Tells Justices That Air Pollution Cases Belong In DC Circ.

    The U.S. Environmental Protection Agency is urging the nation's highest court to rule that most judicial challenges to its air pollution rules belong in the D.C. Circuit, while small petroleum refiners say other, regional circuit courts are proper venues.

  • January 21, 2025

    Coinbase Asks 2nd Circ. To Settle Crypto Securities Question

    Coinbase has urged the Second Circuit to settle how securities laws apply to its crypto transactions, saying "there is no more pressing issue in securities law today" than determining the U.S. Securities and Exchange Commission's ability to regulate digital assets.

  • January 21, 2025

    Colo. Court OKs Use Of LLC Test For LPs In Ranch War

    A Colorado state appeals court affirmed a trial court's decision to dissolve a partnership that owned a ranch in the state, ruling for the first time that a test for determining when judicial dissolution is necessary can be applied to limited partnerships.

  • January 21, 2025

    Fed. Circ. Refuses To Restore Solar Cell Patent Claims

    An Indian industrial conglomerate failed on Tuesday to persuade Federal Circuit judges to breathe new life into a patent covering a way of assembling solar cells that it had asserted in Delaware federal court against a Korean rival.

Expert Analysis

  • Series

    Playing Rugby Makes Me A Better Lawyer

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    My experience playing rugby, including a near-fatal accident, has influenced my legal practice on a professional, organizational and personal level by showing me the importance of maintaining empathy, fostering team empowerment and embracing the art of preparation, says James Gillenwater at Greenberg Traurig.

  • Looking Back At 2024's Noteworthy State AG Litigation

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    State attorneys general across the U.S. took bold steps in 2024 to address unlawful activities by corporations in several areas, including privacy and data security, financial transparency, children's internet safety, and other overall consumer protection claims, say attorneys at Troutman Pepper.

  • Opinion

    No, Litigation Funders Are Not 'Fleeing' The District Of Del.

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    A recent study claimed that litigation funders have “fled” Delaware federal court due to a standing order requiring disclosure of third-party financing, but responsible funders have no problem litigating in this jurisdiction, and many other factors could explain the decline in filings, say Will Freeman and Sarah Tsou at Omni Bridgeway.

  • The Compliance Trends And Imperatives On Tap In 2025

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    The corporate ethics and compliance landscape is rapidly evolving, posing challenges from conflicting stakeholder expectations to technological disruptions, and businesses will need to explore human-centered, data-driven and evidence-based practices, says Hui Chen at CDE Advisors.

  • Opinion

    Congress Should Finally Add Clarity To Section 101

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    With both the U.S. House of Representatives and Senate introducing bills to provide guidance on what qualifies as patentable subject matter under the Patent Act, Congress will hopefully put an end at last to 10 years of uncertainty surrounding the question, says David Carstens at Carstens Allen.

  • 5 Advertising Law Trends To Watch In 2025

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    Although advertisers are encouraged by the incoming Trump administration's focus on deregulation, this year could feel like wading through uncharted waters, and decreased federal government regulation may mean increased state regulation, say attorneys at Reed Smith.

  • 5 E-Discovery Predictions For 2025 And Beyond

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    In the year to come, e-discovery will be shaped by new and emerging trends, from the adoption of artificial intelligence provisions in protective orders, to the proliferation of emojis as a source of evidence in contemporary litigation, say attorneys at Littler.

  • NY Plastic Pollution Verdict May Not Bode Well For Other Suits

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    The dismissal of New York state's public nuisance complaint against PepsiCo over pollution of the Buffalo River with the company's single use plastic bottles may not augur well for similar lawsuits filed by Baltimore and Los Angeles County, although tort law varies from state to state, say attorneys at Winston & Strawn.

  • What To Expect From Federal Cybersecurity Policy In 2025

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    There are 12 cyber policy questions to keep an eye on as the new administration and Republican control of Congress present an opportunity to advance less regulatory approaches and revisit some choices from the prior administration, say attorneys at Wiley.

  • Bid Protest Spotlight: Certification, Lateness, SBA Eligibility

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    In this month's bid protest roundup, Cody Fisher at MoFo examines three recent decisions from the U.S. Court of Appeals for the Federal Circuit and the U.S. Government Accountability Office that address the treatment of a proposal that was timely submitted but received late, and highlight nuances of certification and small business eligibility requirements.

  • How Decline Of Deference Will Affect Trump Policymaking

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    An administrative law regime without Chevron deference may limit the Trump administration’s ability to implement new policies in the short term, but ultimately help it in the long term, and all parties with an interest in regulatory changes will have to take a fresh approach to litigation, say attorneys at Covington.

  • Series

    Ohio Banking Brief: All The Notable Legal Updates In Q4

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    Ohio's banking and financial services sector saw several significant developments in the fourth quarter of 2024, including a landmark Uniform Commercial Code ruling, adjustments to the state's Homebuyer Plus Program and the launch of the state's first women-led bank, says attorney Alex Durst.

  • 6 Predictions For Cyber Risk And Insurance In 2025

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    This year is likely to bring with it some thorny and expensive cyber challenges, including increased ransomware activity, more data breach class actions and continued efforts to define business interruption loss calculations, say attorneys at Wiley.

  • 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.

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