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Appellate

  • July 16, 2025

    2nd Circ. Revives TM Suit Over Chinese Speaker Shipment

    The Second Circuit has reinstated a trademark case from speaker manufacturer Altec Lansing over another company's purchase of speakers with Altec's branding from a Chinese company, saying Altec had created a genuine dispute over the nature of the sale.

  • July 16, 2025

    Cheesesteak Maker Gets 2 Mos. Sliced From Prison Sentence

    A member of the family behind the popular Tony Luke's cheesesteak shop in South Philadelphia was re-sentenced Wednesday to 18 months in prison, marking a two-month reduction of the original term he'd received for paying employees under the table.

  • July 15, 2025

    Ariz. Justices Clear School In Suit By Teen Hit By Car

    The Arizona Supreme Court tossed a suit Tuesday accusing a Phoenix school district of knowingly allowing students to jaywalk just outside the school which purportedly caused a 14-year-old boy to get hit by a car and suffer severe injuries, saying the school had no duty of care outside school grounds.

  • July 15, 2025

    IP Owner Orgs Urge Fed. Circ. To Reject Fintiv Memo Appeal

    Organizations representing startups and other intellectual property owners have urged the Federal Circuit to reject SAP America Inc.'s mandamus petition challenging the U.S. Patent and Trademark Office leader's handling of a discretionary denials policy, arguing she acted within the powers of her role.

  • July 15, 2025

    Biz Groups Urge 5th Circ. To Reverse BP's Pension Suit Loss

    Multiple business groups filed amici briefs with the Fifth Circuit asking the court to do away with a judgment in favor of 7,000 BP retirees who alleged that the oil giant underpaid their retirement benefits, saying the lower court's decision conflicts with "black letter law."

  • July 15, 2025

    4th Circ. Won't Rethink Affirmance Of $8M KBR Award

    The Fourth Circuit will not be rethinking its decision rebuff a Kuwaiti construction company's attempt to nix an $8 million arbitral award favoring Kellogg Brown & Root International, the appeals court has ruled.

  • July 15, 2025

    Split 4th Circ. Rejects GenBioPro Abortion Ban Challenge

    A split Fourth Circuit panel on Tuesday rejected GenBioPro's challenge to a West Virginia law banning medication abortion with narrow exceptions, with the majority finding the ban does not conflict with federal regulators' statutory authority to impose safety requirements on drug manufacturers.

  • July 15, 2025

    9th Circ. Backs Nature's Way Loss In Supplements TM Suit

    The Ninth Circuit on Tuesday upheld a lower court's finding that a Doctor's Best Inc. brand of supplements didn't infringe a trademark of competitor Nature's Way Products LLC because the Doctor's Best products were all sold outside the U.S.

  • July 15, 2025

    Insurers Prevail In $59M Mishandled Remains Row At 9th Circ.

    Two insurers for a provider of medical training have no duty to cover a $58.5 million civil judgment against a man found liable for mishandling donated bodily remains, the Ninth Circuit ruled Tuesday, though also allowing the underlying claimants to still pursue bad faith claims against the insurers.

  • July 15, 2025

    3rd Circ. Backs FAA's Civil Penalty Actions Post-Jarkesy

    The Third Circuit on Tuesday backed the Federal Aviation Administration's adjudicatory authority to impose civil penalties for air safety rules violations, saying in a precedential ruling that the U.S. Supreme Court's Jarkesy decision doesn't entitle a paint supplier to a jury trial in a case stemming from a leaky paint can on a FedEx plane.

  • July 15, 2025

    Fed. Circ. Temporarily Blocks MSN's Entresto Generic

    The Federal Circuit gave Novartis Pharmaceuticals Corp. a temporary reprieve Tuesday from having to face generic competition for its top-selling drug, Entresto, after losing a bench trial in Delaware.

  • July 15, 2025

    11th Circ. Backs Enhancements In Cocaine Trafficking Case

    A federal appeals panel in the Eleventh Circuit on Tuesday published an opinion finding that a Florida man who pled guilty to federal drug trafficking charges was correctly given a sentence enhancement for career criminals after being found guilty in state court of other offenses including trafficking cocaine, and that he could not challenge the validity of his guilty plea.

  • July 15, 2025

    9th Circ. Won't Revive SAG-AFTRA Vax Mandate Challenge

    The Ninth Circuit declined Tuesday to reinstate a suit claiming SAG-AFTRA shirked its duties to union members by greenlighting a COVID-19 vaccine mandate to get actors back to work during the pandemic, ruling their claims are either untimely or preempted by federal labor law.

  • July 15, 2025

    9th Circ. Rejects Sentencing Enhancement In Gun Case

    A Washington state federal court should not have applied a sentencing enhancement in the case of a man who handed a gun to someone who later used it to shoot an undercover federal agent, the Ninth Circuit said Monday, finding there wasn't proof his five-second hold on the weapon emboldened the shooter.

  • July 15, 2025

    FCC Drops 'Single Seller' Marketing Reg After 11th Circ. Ruling

    The Federal Communications Commission has plucked from the books a rule requiring individual consumer consent for companies to contact customers through comparison shopping sites after the Eleventh Circuit declared the regulation an overstep.

  • July 15, 2025

    9th Circ. Backs United Airlines In Worker's Diabetes Bias Suit

    The Ninth Circuit upheld United Airlines' win over a lawsuit claiming it refused to accommodate a diabetic employee's restriction barring her from operating a jet bridge, ruling Tuesday that the airline wasn't required to modify the worker's duties to meet her needs.

  • July 15, 2025

    Tribes, Enviro Groups Look To Block Copper Mine Land Swap

    Environmental and tribal groups are asking a federal court to extend an injunction blocking the transfer of more than 2,500 acres within Tonto National Forest to an Arizona copper mining company, arguing that a final environmental impact study and appraisal of the property raise serious questions in the dispute.

  • July 15, 2025

    11th Circ. Rules Inmate's Suit Against Nurse Was 'Malicious'

    The Eleventh Circuit upheld the dismissal of a lawsuit from a man incarcerated in Florida accusing a nurse practitioner of an Eighth Amendment violation, saying the lower court was right in tossing the complaint after deeming it "malicious" because he failed to disclose two prior legal actions. 

  • July 15, 2025

    Voxer Sues Google And Amazon Over Streaming Patents

    Virtual walkie-talkie maker Voxer has sued Google and Amazon in Delaware federal court, claiming they infringed the same network reception patents resulting in a $206 million trial win in a separate case against Meta in 2022 that was later vacated after a settlement.

  • July 15, 2025

    NC Justices Urged To Halt Project Tract's Foreclosure Sale

    A North Carolina property owner and other parties urged the state's high court Tuesday to pause foreclosure proceedings for a property that's part of a mixed-use real estate development project, arguing that an entity created by one of the project partners wrongfully increased the owner's related loan debt.

  • July 15, 2025

    Door Maker Defends Landmark Divestiture Order At 4th Circ.

    Steves & Sons Inc. has urged the Fourth Circuit to preserve the first court-ordered divestiture in a private merger challenge, arguing Jeld-Wen's sale of the Pennsylvania factory restored competition in the market for the door skins used to make molded interior doors.

  • July 15, 2025

    Wash. Court Doubts Hospitals' Bid To Nix $230M Judgment

    A Washington state appellate judge criticized a hospital system's attempt to undo a $230 million loss in a class wage and hour suit on Tuesday, suggesting the employer's arguments about meal break waivers and timekeeping practices are at odds with its own records.  

  • July 15, 2025

    Forgotten Jury Instruction Undoes Child Abuse Conviction

    A Georgia Court of Appeals panel on Tuesday reversed a man's conviction for cruelty to children after it found that he received constitutionally ineffective counsel when his attorney forgot to request a key jury instruction.

  • July 15, 2025

    Michigan Court Eases Rules On Admitting Past Abuse Evidence

    The Michigan Supreme Court on Monday ruled that evidence of a sexual assault victim's past abuse is generally barred from being presented during trial but modified the test used to determine when such information can be admitted to no longer require the previous abuse to have resulted in a conviction.

  • July 15, 2025

    11th Circ. Says Big Rig Driver's Fire Risk Was 'Obvious'

    The Eleventh Circuit on Tuesday upheld an early win for truck manufacturer Daimler Truck AG in a suit from a Georgia driver who was badly burned in a crash with a Daimler-manufactured truck, ruling that the "open and obvious" risk of a fire in a high-speed collision doomed his failure to warn claim.

Expert Analysis

  • FTC Focus: Interlocking Directorate Enforcement May Persist

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    Though the Federal Trade Commission under Chair Andrew Ferguson seems likely to adopt a pro-business approach to antitrust enforcement, his endorsement of broader liability for officers or directors who illegally sit on boards of competing corporations signals that businesses should not expect board-level antitrust scrutiny to slacken, says Timothy Burroughs at Proskauer.

  • How Cos. Can Navigate Risks Of New Cartel Terrorist Labels

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    The Trump administration’s recent designation of eight drug cartels as foreign terrorist organizations gives rise to new criminal and civil liabilities for companies that are unwittingly exposed to cartel activity, but businesses can mitigate such risks in a few key ways, say attorneys at Steptoe.

  • Mass. Suit Points To New Scrutiny For Home Equity Contracts

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    The Massachusetts attorney general’s recent charge that a lender sold unregulated reverse mortgages shows more regulators are scrutinizing mortgage alternatives like home equity contracts, but a similar case in the Ninth Circuit suggests more courts need to help develop a consensus on these products' legality, say attorneys at Weiner Brodsky.

  • Bid Protest Spotlight: Size, Supply Schedules, SINs

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    In this month's bid protest roundup, Alissandra McCann at MoFo examines three recent decisions, two of which offer helpful reminders for U.S. General Services Administration schedule holders drafting blanket purchase agreement proposals, and one for small-business joint ventures to avoid running afoul of the U.S. Small Business Administration's two-year rule.

  • 4th Circ. Latest To Curb Short-Seller Usage In Securities Suits

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    The Fourth Circuit's recent decision in Defeo v. IonQ will serve as a powerful and persuasive new precedent for corporate defendants as courts continue curtailing securities class action plaintiffs' use of short-seller reports to plead federal securities law claims, say attorneys at Alston & Bird.

  • Perspectives

    Reading Tea Leaves In High Court's Criminal Law Decisions

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    The criminal justice decisions the U.S. Supreme Court will announce in the coming weeks will reveal whether last term’s fractured decision-making has continued, an important data point as the justices’ alignment seems to correlate with who benefits from a case’s outcome, says Sharon Fairley at the University of Chicago Law School.

  • 8 Strategies For Proving The Laws Of Foreign Countries

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    A recently decided case in Virginia federal court highlighted some of the pitfalls surrounding expert testimony on foreign law, but certain strategies are available to counsel to circumvent these dilemmas, say attorneys at Arnold & Porter.

  • $38M Law Firm Settlement Highlights 'Unworthy Client' Perils

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    A recent settlement of claims against law firm Eckert Seamans for allegedly abetting a Ponzi scheme underscores the continuing threat of clients who seek to exploit their lawyers in perpetrating fraud, and the critical importance of preemptive measures to avoid these clients, say attorneys at Lockton Companies.

  • Hints Of Where Enforcement May Grow Under New sa¹ú¼Ê´«Ã½

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    Though the Consumer Financial Protection Bureau has significantly scaled back enforcement under the new administration, states remain able to pursue Consumer Financial Protection Act violators and the sa¹ú¼Ê´«Ã½ seems set to enhance its focus on predatory loans to military members and fraudulent debt collection and credit reporting practices, say attorneys at MoFo.

  • Series

    Teaching Business Law Makes Me A Better Lawyer

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    Teaching business law to college students has rekindled my sense of purpose as a lawyer — I am more mindful of the importance of the rule of law and the benefits of our common law system, which helps me maintain a clearer perspective on work, says David Feldman at Feldman Legal Advisors.

  • Jurisdictional Issues At Play In 9th Circ.'s FCA Trade Case

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    A decision by the Ninth Circuit in Island Industries v. Sigma Corp. could result in the U.S. Court of International Trade’s exclusive jurisdiction over trade-related FCA cases, a big shift in the enforcement landscape just as tariffs take center stage in trade policy, say attorneys at Haynes Boone.

  • Deregulation Memo Presents Risks, Opportunities For Cos.

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    A recent Trump administration memo providing direction to agencies tasked with rescinding regulations under an earlier executive order — without undergoing the typical notice-and-review process — will likely create much uncertainty for businesses, though they may be able to engage with agencies to shape the regulatory agenda, say attorneys at Blank Rome.

  • 4th Circ. 'Actionable Inaccuracy' Finding Deepens FCRA Split

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    The Fourth Circuit's March finding in Roberts v. Carter-Young Inc. that an actionable inaccuracy under the Fair Credit Reporting Act can be both legal and factual widens an existing circuit split and should prompt furnishers to review their processes for investigating readily verifiable information, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lessons: Mastering Discovery

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    The discovery process and the rules that govern it are often absent from law school curricula, but developing a solid grasp of the particulars can give any new attorney a leg up in their practice, says Jordan Davies at Knowles Gallant.

  • Breaking Down 4th Circ. 'Actual Knowledge' Ruling For Banks

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    A recent decision from the Fourth Circuit finding that banks must have "actual knowledge" to be found liable for losses arising from an automated clearinghouse transfer warns that the more financial institutions know about a name mismatch issue for any particular transaction, the more liability they may face, say attorneys at Katten.

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