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Appellate

  • September 30, 2025

    Feds Press 2nd Circ. To Nix Students' Removal Challenges

    The Trump administration on Tuesday urged the Second Circuit to reverse lower courts' findings that led to the release of two college students who say they were wrongly detained by immigration officials for expressing pro-Palestinian views, attacking the notion that they're able to bring habeas corpus challenges to their detention. 

  • September 30, 2025

    Full 5th Circ. To Revisit Trump Use Of Wartime Removal Law

    The Fifth Circuit on Tuesday ordered all of its judges to revisit a split decision that found President Donald Trump's proclamation invoking the 1798 Alien Enemies Act to deport alleged Venezuelan gang members to be likely unlawful.

  • September 30, 2025

    3rd Circ. Parses 'Could' And 'Would' In Lipitor Lawsuit

    A Third Circuit panel questioned Tuesday whether drug wholesalers and health plans had offered enough evidence that Pfizer Inc. and Ranbaxy Laboratories Ltd. conspired to delay generic competition for the cholesterol drug Lipitor, focusing on whether the U.S. Food and Drug Administration would have approved the competitor earlier than November 2011.

  • September 30, 2025

    Wash. University Can't Get COVID-19 Insurance Suit Revived

    A Washington appellate panel has affirmed a state university's defeat in a lawsuit seeking insurance coverage for $63 million in business losses from a COVID-induced shutdown, concluding on Tuesday that the pandemic didn't amount to property damage covered under an all-risk policy.

  • September 30, 2025

    Biogen Told To Pay Genentech $88M After IP Royalties Mistrial

    Biogen MA Inc. owes Genentech Inc. more than $88 million in royalties related to expired patents, a California federal judge ruled Tuesday in a rare post-mistrial verdict arrangement.

  • September 30, 2025

    DC Circ. To Decide If Renewable Fuel Exemption Fight Moot

    The D.C. Circuit was full of questions Tuesday morning about whether it should or should not consider moot a challenge to an Environmental Protection Agency policy regarding how the agency accounts for retroactive exemptions when setting renewable fuel standards.

  • September 30, 2025

    4 Federal Circuit Clashes To Watch In October

    The Federal Circuit will hear arguments next week in cases where a nearly $42 million patent win for Seagen hangs in the balance due to a later post-grant review invalidity decision and where Regenxbio is seeking to undo the invalidation of its gene therapy patent for covering a natural product.

  • September 30, 2025

    Fed. Circ. Largely Unravels $4M Judgment In Curtain IP Fight

    The Federal Circuit overruled most of a New York federal judge's $4 million infringement judgment against two hospitality providers on Tuesday, in a multifaceted appeal over hookless shower curtains.

  • September 30, 2025

    9th Circ. Unwinds $312K Fees In Labor Suit Against Walmart

    While a former Sam's Club worker is entitled to fees for the $22,000 settlement of her individual labor claims against the chain and its parent Walmart, the Ninth Circuit on Tuesday vacated the $312,429 in fees and costs she was awarded by the lower court because it simply granted the fee award without sufficiently explaining why.

  • September 30, 2025

    Texas Court Upends $13M Home Care Car-Train Crash Verdict

    A Texas appeals court has vacated a $13 million verdict against a home care provider over a car-train crash that killed one of its clients and injured his wife, saying the trial court instructed the jury incorrectly and the evidence did not show that the provider's employee was acting in the course and scope of her employment.

  • September 30, 2025

    Murdaugh's Banker Sentenced To 60 Months After Guilty Plea

    The onetime bank CEO who pled guilty in South Carolina federal court to helping ex-lawyer and convicted murderer Alex Murdaugh steal client money has been sentenced to 60 months in prison, the same amount specified in his plea deal.

  • September 30, 2025

    Ex-Defender Urges 4th Circ. To Revisit Pro Bono Team Exit

    A former assistant public defender asked the full Fourth Circuit to remand or rehear the question of whether her pro bono legal team had good cause to quit on the eve of trial in her sexual harassment lawsuit against the federal judiciary, saying a denial would permit any attorney to decamp from a client's case on the "flimsiest of pretenses."

  • September 30, 2025

    9th Circ. Asked To Rethink Las Vegas Hotel Pricing Ruling

    A proposed class of Las Vegas casino-hotel guests told the Ninth Circuit in a rehearing en banc petition that the entire court must reconsider its prior ruling for their antitrust claims, which alleged that hotel operators and two hospitality software companies conspired to hike up hotel room prices.

  • September 30, 2025

    Union Pacific Takes Chicago Metra Lines Fight To 8th Circ.

    Union Pacific told the Eighth Circuit that a federal rail regulator acted arbitrarily when it recently granted terminal trackage rights on three of its rail lines to Metra, Chicago's commuter rail system, the latest escalation in a yearslong contractual dispute over access to the crucial rail hub.

  • September 30, 2025

    DC Circ. Upholds Contempt Order Against Ex-Fox Journalist

    A D.C. Circuit panel on Tuesday affirmed a lower court's contempt order against a former Fox News journalist who refused to reveal a confidential source that leaked FBI investigation materials about a Chinese American scientist.

  • September 30, 2025

    TPS Advocates Urge Justices Not To Disturb Lower Court Win

    An immigration advocacy organization has urged the U.S. Supreme Court not to halt a district court ruling that found unlawful the Trump administration's attempt to unwind temporary deportation protections for Venezuelans, saying the government had no basis for such emergency relief.

  • September 30, 2025

    10th Circ. Says Robbery Wasn't 'Violent,' Nixing Gun Sentence

    A split Tenth Circuit panel on Tuesday vacated a 20-year prison sentence for an Oklahoma man who was charged with being a felon in possession of a firearm after police searched him during a robbery investigation at his own home.

  • September 30, 2025

    Ohio Court Tosses Trespass Charge Over Speedy Trial Error

    An Ohio state appeals court has tossed a man's misdemeanor trespassing charge after finding that he was denied a speedy trial when a prosecutor and judge incorrectly calculated the start of the 45-day window for when his trial was legally required to occur.

  • September 30, 2025

    7th Circ. Urges Litigants To Exercise Caution In Using AI

    A Seventh Circuit panel ended an inmate's appeal of his life sentence, noting in an unpublished opinion filed Tuesday that his lawyer found no real legal issues worth raising, while warning the parties not to rely blindly on generative AI when writing court papers, as it can lead to serious mistakes.

  • September 30, 2025

    3rd Circ. Mulls Liens On Casino Revenue In Pa. City's Ch. 9

    The Third Circuit Court of Appeals on Tuesday pressed attorneys for Delaware County and municipal bondholders on why their liens on city-generated revenues carried forward when the Pennsylvania city of Chester filed for bankruptcy in 2022.

  • September 30, 2025

    DC Circ. Backs FERC Approval Of Tenn. Pipeline

    The D.C. Circuit on Tuesday used a recent landmark U.S. Supreme Court decision curtailing federal environmental reviews to reject a challenge to the Federal Energy Regulatory Commission's approval of a Tennessee pipeline project.

  • September 30, 2025

    Wash. Panel Keeps Wage Suit Against Logistics Co. In Court

    The arbitration agreements that a logistics company gave to two workers were unconscionable because they either didn't contain a severability clause or included a class waiver, a Washington state appellate panel ruled, affirming a decision to keep the workers' wage and hour suit in court.

  • September 30, 2025

    Justices Could Enable IEEPA Taxes On Any Trade, Experts Say

    If the U.S. Supreme Court decides that a president's power to regulate imports and exports under the International Emergency Economic Powers Act encompasses tariffs, a president could tax services, investments and intellectual property flowing into or out of the country, trade experts said Tuesday.

  • September 30, 2025

    Court Must Address Bad Lawyering In Case Of Assaulted Cop

    A man who was sentenced to up to five years in prison for assaulting a police officer should have had his ineffective-counsel arguments addressed, the Georgia Court of Appeals has ruled, vacating the denial of his request for a new trial.

  • September 30, 2025

    Del. Justices Won't Revive Gellert Seitz Malpractice Case

    The Delaware Supreme Court on Tuesday rejected a homebuilder's bid to revive its legal malpractice suit against Gellert Seitz Busenkell & Brown LLC over damages the builder said it suffered due to the firm's negligence in loan restructuring disputes with a bank.

Expert Analysis

  • How Okla. High Court Ruling Will Alter Workers' Comp. Cases

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    The Oklahoma Supreme Court's recent decision in OBI Holding Company v. Schultz-Butzbach confirms that workers' compensation claims should move through the system without needless delay, which means attorneys on both sides will need to adjust how they handle such claims, says Steven Hanna at Gilson Daub.

  • Kimmel 2nd Circ. Victory Holds Novel Copyright Lessons

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    The Second Circuit's recent decision in Santos v. Kimmel, dismissing a copyright infringement claim against Kimmel for airing Cameo videos recorded by former U.S. Rep George Santos, examines the unusual situation of copyrighted works created at the request of the alleged infringer, say attorneys at Venable.

  • 2 Rulings Highlight IRS' Uncertain Civil Fraud Penalty Powers

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    Conflicting decisions from the U.S. Tax Court and the Northern District of Texas that hinge on whether the IRS can administratively assert civil fraud penalties since the U.S. Supreme Court’s 2024 decision in SEC v. Jarkesy provide both opportunities and potential pitfalls for taxpayers, says Michael Landman at Bird Marella.

  • Junior Attys Must Beware Of 5 Common Legal Brief Mistakes

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    Junior law firm associates must be careful to avoid five common pitfalls when drafting legal briefs — from including every possible argument to not developing a theme — to build the reputation of a sought-after litigator, says James Argionis at Cozen O'Connor.

  • Contract Disputes Recap: Details, Instructions, Obligations

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    Recent decisions from the Armed Services Board of Contract Appeals and the Civilian Board of Contract Appeals offer critical insights into contractor reliance on government specifications, how instructions can affect a contractor’s dispute rights and how both factor into the larger claims process, says Sarah Barney at Seyfarth.

  • Lessons As Joint Employer Suits Shift From Rare To Routine

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    Joint employer allegations now appear so frequently that employers should treat them as part of the ordinary risk landscape, and several recent decisions demonstrate how fluid the liability doctrine has become, says Thomas O’Connell at Buchalter.

  • Utilizing 6th Circ.'s Expanded Internal Investigation Protection

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    A recent Sixth Circuit decision in In re: FirstEnergy demonstrates one way that businesses can use a very limited showing to protect internal investigations from discovery in commercial litigation, while those looking to force production will need to employ a carefully calibrated approach, say attorneys at Brownstein Hyatt.

  • 3rd Circ. Clarifies Ch. 11 3rd-Party Liability Scope Post-Purdue

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    A recent Third Circuit decision that tort claims against the purchaser of a debtor's business belong to the debtor's bankruptcy estate reinvigorates the use of Chapter 11 for the resolution of nondebtor liability in mass tort bankruptcies following last year's U.S. Supreme Court ruling in Purdue Pharma, say attorneys at Sullivan & Cromwell.

  • Series

    Power To The Paralegals: How And Why Training Must Evolve

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    Empowering paralegals through new models of education that emphasize digital fluency, interdisciplinary collaboration and human-centered lawyering could help solve workforce challenges and the justice gap — if firms, educators and policymakers get on board, say Kristine Custodio Suero and Kelli Radnothy.

  • Evaluating The Current State Of Trump's Tariff Deals

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    As the Trump administration's ambitious tariff effort rolls into its ninth month, and many deals lack the details necessary to provide trade market certainty, attorneys at Adams & Reese examine where things stand.

  • Series

    Playing Softball Makes Me A Better Lawyer

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    My time on the softball field has taught me lessons that also apply to success in legal work — on effective preparation, flexibility, communication and teamwork, says Sarah Abrams at Baleen Specialty.

  • Fed. Circ. In August: A Framework For AIA Derivation Disputes

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    In Global Health Solutions v. Selner, the Federal Circuit established how to assess derivation challenges under the America Invents Act's first-to-file system, making it easier for petitioners to determine a challenge's odds of success, say attorneys at Knobbe Martens.

  • Vanda Ruling Opens Door For Contesting FDA Drug Denials

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    The D.C. Circuit's recent decision in Vanda Pharmaceuticals v. U.S. Food and Drug Administration creates new opportunities and considerations for drug companies navigating the FDA approval process, establishing that litigation is an option when the FDA refuses to hold a hearing, say attorneys at Polsinelli.

  • 11th Circ.'s FCRA Standing Ruling Offers Compliance Lessons

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    The Eleventh Circuit's recent decision in Nelson v. Experian on establishing Article III standing under the Fair Credit Reporting Act should prompt businesses to survey FCRA compliance programs, review open matters for standing defenses and refresh training materials, say attorneys at Nixon Peabody.

  • Series

    Law School's Missed Lessons: Mastering Time Management

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    Law students typically have weeks or months to prepare for any given deadline, but the unpredictability of practicing in the real world means that lawyers must become time-management pros, ready to adapt to scheduling conflicts and unexpected assignments at any given moment, says David Thomas at Honigman.

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