Appellate

  • May 22, 2024

    EPA Urges Justices To Keep Ozone Fight In DC Circuit

    The U.S. Environmental Protection Agency on Tuesday urged the Supreme Court to keep seven consolidated challenges to the EPA's decision disapproving Utah's and Oklahoma's air quality plans in the D.C. Circuit.

  • May 22, 2024

    Del. Supreme Court Affirms AMC Shareholder Settlement

    Delaware's Supreme Court declared Wednesday that there shall be no sequel to the drama from common stockholders of AMC Entertainment Holdings Inc. who objected to a class settlement of litigation in the state's Chancery Court.

  • May 22, 2024

    Calif. Court Rejects Arbitration Pact Stacked Against Workers

    The arbitration pact an eyeglass retailer provided to a former employee was procedurally and substantively unconscionable and therefore unenforceable, a California state appeals court ruled, affirming a trial court's decision in a worker's wage and hour suit.

  • May 22, 2024

    BofA Deserves Tax Refunds On Merger Interest, 4th Circ. Told

    The IRS should not have been allowed to keep the interest paid on 23 years' worth of tax underpayments by seven companies that merged into Bank of America, the company told the Fourth Circuit, arguing that the underpayments should be offset by overpayments under merger law.

  • May 21, 2024

    Questions Abound As Fed. Circ. Scraps Design Patent Tests

    By discarding established tests for proving that design patents are invalid as obvious Tuesday, the full Federal Circuit has opened the door for new invalidity arguments and created uncertainty by not providing much guidance on how courts should evaluate them, attorneys said.

  • May 21, 2024

    Texas Panel Says Mallory Ruling Has No Home There

    A Texas appellate court has upheld a ruling preventing a Dallas car repair services company from litigating a trade secrets case there against a Michigan rival over allegedly hiring away a former executive, holding that the U.S. Supreme Court's Mallory decision last year doesn't do much in Texas.

  • May 21, 2024

    2nd Circ. Partially Backs Win For Nurses' Union Pension Plan

    In a 90-page opinion, the Second Circuit on Tuesday mostly upheld a Manhattan federal judge's decision affirming an arbiter's award favoring a nurses' pension plan, agreeing that White Oak Global Advisors LLC must return "Day 1" fees totaling nearly $2 million and pay prejudgment interest said to top $22 million.

  • May 21, 2024

    Calif. Justices Mull COVID-19 Business Interruption Coverage

    Counsel for Sentinel Insurance urged the California Supreme Court on Wednesday to reverse an appellate court's finding that a San Francisco restaurant's policy covered COVID-19 business interruption losses, disputing that court's finding that the policy's promise of virus coverage would otherwise be "illusory." 

  • May 21, 2024

    9th Circ. Axes Forest Service's Calif. Mining Exemption

    A split Ninth Circuit panel on Tuesday cut down the U.S. Forest Service's approval of gold exploration mining in California's Inyo National Forest, handing a win to environmentalists who had opposed the project for its potential impacts to threatened sage grouse and endangered fish.

  • May 21, 2024

    9th Circ. Vacates, Remands Tribe's Fishing Rights Dispute

    A Ninth Circuit panel said Tuesday that a challenge by a Washington tribe seeking to expand its fishing rights warrants further review, arguing that a lower court's ruling that a 19th century treaty did not include its accustomed grounds should be vacated and remanded to examine evidence of its village, presence and activities in the claimed waters. 

  • May 21, 2024

    Realtors Want Rethink After DOJ Antitrust Probe Allowed

    The National Association of Realtors has asked the D.C. Circuit for a rehearing after the appeals court found the U.S. Department of Justice can reopen an antitrust investigation into the trade group despite an earlier agency settlement over the association's rules.

  • May 21, 2024

    Calif. Justices Doubt App-Based Drivers' Prop 22 Challenge

    Several California Supreme Court justices pushed back Tuesday against arguments by ride-hailing drivers that the Proposition 22 ballot measure carving out certain app-based workers from a worker classification law unconstitutionally runs afoul of the Legislature's authority, with one justice saying their position could "freeze out" voter-approved initiatives.

  • May 21, 2024

    Quarry Not Liable For Dirt Bike Accident, NJ Panel Says

    The owner of a New Jersey quarry long used by all-terrain vehicle enthusiasts cannot be held liable for injuries a dirt biker sustained after he struck a steel cable on the property, a state appeals court has ruled, saying the landowner installed the cable for legitimate, not malicious, purposes.

  • May 21, 2024

    Feds Tell 5th Circ. To Ignore Park Skirmish In Razor Wire Row

    The federal government urged the Fifth Circuit to ignore a series of events surrounding concertina wire fencing Texas has erected along the U.S.-Mexico border, arguing the fight over a park has no bearing on whether a district court was wrong in refusing to ban border patrol agents from cutting the barrier.

  • May 21, 2024

    Wawa, Sherwin-Williams Beat Paint Slip-And-Fall Suit

    Gas station chain Wawa Inc. and paint maker Sherwin-Williams Co. can't be held liable for injuries a New Jersey man sustained after slipping on a yellow parking lot line, a state appeals court ruled, calling the plaintiff's expert report "speculative and unsupported" by the facts.

  • May 21, 2024

    Full 5th Circ. Urged To Rethink Blocking Student Loan Rule

    The U.S. Department of Education has asked the full Fifth Circuit to reconsider a recent preliminary injunction a three-judge panel ordered blocking changes to a program providing student loan forgiveness to borrowers defrauded by higher education institutions. It said the panel wrongly held that the department doesn't have the authority to determine whether a borrower has a valid defense to repayment.

  • May 21, 2024

    MetLife Workers Tell 3rd Circ. Higher Premiums Give Standing

    A group of MetLife Group Inc. retirees insisted to the Third Circuit on Tuesday that they would have had lower health insurance premiums had MetLife not kept millions in pharmacy rebates, and that MetLife's actions gave them standing to sue — or at least to seek more information on how the company should spend the money.

  • May 21, 2024

    Fla. Scientist Fights Contempt Ruling In Data Theft Suit

    A Florida Everglades scientist urged a state appeals court Tuesday to reverse a contempt ruling against him over violating an injunction to preserve computer data from his prior job, saying that the order was ambiguous and that the lower court wrongly appointed opposing counsel to prosecute the violation.

  • May 21, 2024

    Ship Engineers Take Case Against Shipbuilders To 4th Circ.

    A pair of naval engineers are challenging a Virginia federal judge's decision to toss their proposed class action accusing a collection of shipbuilding military contractors of entering into secret "no-poach" agreements, asking the Fourth Circuit to take up their appeal in a new filing.

  • May 21, 2024

    Fed. Circ. Sides With PTAB In Cloud Computing Fight

    The Federal Circuit on Tuesday affirmed a decision from the Patent Trial and Appeal Board that a patent covering a cloud computing environment that was challenged by Microsoft wasn't patentable because it was obvious.

  • May 21, 2024

    Ga. Court Says No Medical Expert Needed In Patient Fall Suit

    A Georgia appeals court on Tuesday reinstated a suit seeking to hold a physician and a medical assistant liable for a patient's injuries suffered in a fall during an appointment, saying because the claim against the assistant is ordinary negligence, the suit was wrongly dismissed for lack of medical expert testimony.

  • May 21, 2024

    Wash. Justices Seem Split On Funds Getting Biz Tax Breaks

    The Washington Supreme Court appeared divided on Tuesday over whether precedent means a group of funds are eligible for a business tax deduction on investment income, with one justice suggesting a previous ruling did not mesh with state tax law.

  • May 21, 2024

    Texas Court Questions Luxottica On 'Playing Favorites' In Sale

    A Texas appellate court on Tuesday asked whether an eyewear conglomerate was "playing favorites by not disclosing" alleged fraud by its franchisees in a sale of two stores to other franchisees, questioning Luxottica's assertion it had to keep its hands off the transaction.

  • May 21, 2024

    NY High Court Upholds State Abortion Coverage Mandate

    New York's highest court on Tuesday upheld a state law requiring employee health plans to cover medically necessary abortions, finding a 2021 U.S. Supreme Court decision didn't change the state court's determination that an exemption process in the law was constitutional.

  • May 21, 2024

    6th Circ. Won't Restart GM Engineer's Age Bias Suit

    The Sixth Circuit on Tuesday backed General Motors' defeat of an engineer's lawsuit claiming he was harassed and transferred to less lucrative jobs because he's over 50, ruling he failed to show that a supervisor's sporadic comments created a hostile work environment.

Expert Analysis

  • Series

    Being An EMT Makes Me A Better Lawyer

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    While some of my experiences as an emergency medical technician have been unusually painful and searing, the skills I’ve learned — such as triage, empathy and preparedness — are just as useful in my work as a restructuring lawyer, says Marshall Huebner at Davis Polk.

  • In Debate Over High Court Wording, 'Wetland' Remains Murky

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    Though the U.S. Supreme Court's decision limiting the Clean Water Act’s wetlands jurisdiction is now a year old, Sackett v. EPA's practical consequences for property owners are still evolving as federal agencies and private parties advance competing interpretations of the court's language and methods for distinguishing wetlands in lower courts, says Neal McAliley at Carlton Fields.

  • Navigating Title VII Compliance And Litigation Post-Muldrow

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    The U.S. Supreme Court’s recent ruling in Muldrow v. St. Louis has broadened the scope of Title VII litigation, meaning employers must reassess their practices to ensure compliance across jurisdictions and conduct more detailed factual analyses to defend against claims effectively, say Robert Pepple and Christopher Stevens at Nixon Peabody.

  • How CFPB Credit Card Rules Slot Into Broader Considerations

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    Swirling legal challenges against the Consumer Financial Protection Bureau's recent rulemaking concerning credit card late fees raise questions about how regulated entities should respond to the bureau's rules — and how quickly they should act, say Caitlin Mandel and Elizabeth Ireland at Winston & Strawn.

  • Perspectives

    Public Interest Attorneys Are Key To Preserving Voting Rights

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    Fourteen states passed laws restricting or limiting voting access last year, highlighting the need to support public interest lawyers who serve as bulwarks against such antidemocratic actions — especially in an election year, says Verna Williams at Equal Justice Works.

  • Insurer Quota-Sharing Lessons From $112M Bad Faith Verdict

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    In Indiana GRQ v. American Guarantee and Liability Insurance, an Indiana federal jury recently issued a landmark $112 million bad faith verdict, illustrating why insurers must understand the interplay between bad faith law and quota-sharing before entering into these relatively new arrangements, say Jason Reichlyn and Christopher Sakauye at Dykema. 

  • Lessons On Challenging Class Plaintiffs' Expert Testimony

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    In class actions seeking damages, plaintiffs are increasingly using expert opinions to establish predominance, but several recent rulings from California federal courts shed light on how defendants can respond, say Jennifer Romano and Raija Horstman at Crowell & Moring.

  • Novel Applications May Fizzle After Fed Master Account Wins

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    Two recent federal court rulings that upheld decisions denying master account applications from two fintech-focused banks are noteworthy for depository institutions with novel charters that wish to have direct access to the Federal Reserve's payment channels and settle transactions in central bank money, say attorneys at Davis Polk.

  • Exploring An Alternative Model Of Litigation Finance

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    A new model of litigation finance, most aptly described as insurance-backed litigation funding, differs from traditional funding in two key ways, and the process of securing it involves three primary steps, say Bob Koneck, Christopher Le Neve Foster and Richard Butters at Atlantic Global Risk LLC.

  • Cell Therapy Cos. Must Beware Limits Of Patent Safe Harbors

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    Though developers of gene and cell therapy products commonly assume that a legal safe harbor protects them from patent infringement suits, recent case law shows that not all preapproval uses of patented technology are necessarily protected, say Natasha Daughtrey and Joshua Weinger at Goodwin.

  • Why Employers Shouldn't Overreact To Protest Activities

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    Recent decisions from the First Circuit in Kinzer v. Whole Foods and the National Labor Relations Board in Home Depot hold eye-opening takeaways about which employee conduct is protected as "protest activity" and make a case for fighting knee-jerk reactions that could result in costly legal proceedings, says Frank Shuster at Constangy.

  • Devil's In The Details On FDCPA, Article III Standing

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    The Third Circuit’s recent decision in Barclift v. Keystone Credit Services concerning the alleged harm needed to support a class action under the Fair Debt Collection Practices Act is in line with other circuits' interpretations of Article III of the Constitution, notwithstanding disagreement over the minutiae of a proper Article III analysis, says Nick Agnello at Burr & Forman.

  • 11th Circ. Ruling May Foreshadow Ch. 15 Clashes

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    The Eleventh Circuit's recent decision in In re: Talal Qais Abdulmunem Al Zawawi has introduced a split from the Second Circuit regarding whether debtors in foreign proceedings must have a domicile, calling attention to the understudied nature of Chapter 15 of the Bankruptcy Code, say attorneys at Cleary.

  • What The Justices' Copyright Damages Ruling Didn't Address

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    While the U.S. Supreme Court’s recent ruling in Warner Chappell v. Nealy clarified when a copyright owner may recover damages in jurisdictions that apply the so-called discovery rule, it did not settle the overriding question of whether the Copyright Act even permits applying the rule, say Ivy Estoesta and William Milliken at Sterne Kessler.

  • Series

    Teaching Yoga Makes Me A Better Lawyer

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    Being a yoga instructor has helped me develop my confidence and authenticity, as well as stress management and people skills — all of which have crossed over into my career as an attorney, says Laura Gongaware at Clyde & Co.

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