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Appellate

  • July 28, 2025

    9th Circ. Wants More Info On Trump Admin's Arrest Policy

    A Ninth Circuit panel doubted Monday the government's request to lift a ruling blocking the Trump administration from relying on people's perceived ethnicity or job to stop individuals amid immigration raids, with one judge ordering the government to submit more details on whether it has a 3,000 arrests per day quota.

  • July 28, 2025

    Apache Women Look To Block Arizona Site's Destruction

    A group of Apache women are looking to block the federal government from transferring their Arizona worship site to a copper mining company, telling a D.C. federal court they will be unable to practice and pass down their religion if the site is destroyed.

  • July 28, 2025

    2nd Circ. Won't Rehear Streaming App Video Privacy Fight

    The Second Circuit declined to reconsider a panel ruling that affirmed the toss of a proposed class action accusing digital streaming provider Flipps Media of unlawfully sharing video-viewing information with Meta, on the heels of an NFL website user pushing the appellate court to revisit a similar video privacy dispute.

  • July 28, 2025

    Calif. Court Overturns HIV Test Order In Sex Assault Case

    A California appellate court on Monday vacated a trial court judge's order requiring an HIV test for a man convicted of sexually assaulting two teenagers, saying there was insufficient evidence to establish probable cause that the defendant transferred bodily fluids to his victims.

  • July 28, 2025

    Birthright Call Cited In Push To Keep TPS For Venezuelans

    The TPS Alliance is arguing to a Ninth Circuit panel that another Ninth Circuit panel's affirmation of a nationwide injunction on President Donald Trump's executive order limiting birthright citizenship weighs in favor of preserving a California federal judge's decision blocking the administration's attempt to end temporary protected status for Venezuelan immigrants.

  • July 28, 2025

    Texas Judge 'Perplexed' By 5th Circ. Sanction Reversal

    A Texas federal judge said he was "perplexed" by a Fifth Circuit panel's decision to reverse his sanction order against an attorney, saying in a Monday opinion that the attorney seemingly flouted the case governing litigation conduct by opposing a bid for an extension to reply.

  • July 28, 2025

    Ga. Appeals Court Sends DOT Crash Case Back For Another Go

    Georgia's Department of Transportation can't escape a wrongful death lawsuit over a vehicle passenger killed by a tractor-trailer at an intersection, a state appeals court ruled Monday, saying that a jury has to decide whether overgrown vegetation, which the agency had a duty to trim down, contributed to or caused the crash.

  • July 28, 2025

    Mich. Justices Revive Ex-Prosecutor's Whistleblower Suit

    The Michigan Supreme Court has reinstated a lawsuit brought by a former Saginaw County assistant prosecutor who says she was retaliated against for fighting an unlawful plea agreement, with the justices finding the county must face the suit because it is an employer under the Whistleblowers' Protection Act.

  • July 28, 2025

    PE Firm Scores New Trial After Losing $1.1M Shareholder Suit

    The Connecticut Supreme Court on Monday threw out a $1.1 million verdict and ordered a new trial in a minority member's lawsuit against three other CCP Equity Partners LLC members, holding that a trial court judge misconstrued the private equity firm's operating agreement and inaccurately instructed the jury.

  • July 28, 2025

    CREXi Wants CoStar's Copyright Claims To Wait

    Commercial Real Estate Exchange Inc. is asking to put CoStar's copyright infringement claims against it on hold so they can be tried alongside its recently revived antitrust claims against the property listing rival.

  • July 28, 2025

    Redfin Settles Patent Claims After Being Cleared At Trial

    Real estate brokerage firm Redfin and its supplier Matterport Inc. each have reached a settlement with Surefield — the new company of Redfin's former CEO — to end a patent infringement case in which Redfin was cleared of a $66 million damages request by a Texas federal jury and to resolve Matterport's declaratory judgment action in Washington.

  • July 28, 2025

    Utilities Can Join 4th Circ. FERC Grid Policy Fight

    The Fourth Circuit said Friday that environmental groups, municipal utilities and electricity cooperatives, among many others, can intervene in an appeal challenging the Federal Energy Regulatory Commission's recent overhaul of its regional transmission policy.

  • July 28, 2025

    Fed. Circ. Wipes Lighting Co.'s $14M Patent Verdict For Do-Over

    The Federal Circuit on Monday overturned a Texas jury's $13.87 million verdict against a Chinese light manufacturer in a patent case from an in-country rival, saying another trial is needed over damages and the validity of two patents.

  • July 28, 2025

    11th Circ. Says Woman Must Arbitrate Experian Data Claims

    The Eleventh Circuit said a district court should have allowed Experian Information Solutions to compel arbitration in a suit filed by a woman whose identity was allegedly compromised after a data breach, saying the company sufficiently showed she accepted terms of use that require arbitration.

  • July 28, 2025

    11th Circ. Overturns 15-Year Sentence Over Deportation Error

    An Eleventh Circuit panel on Monday vacated a 15-year sentence for a man who pled guilty to drug and gun charges, saying the trial court judge went five years over prosecutors' recommendations based on the erroneous belief that the defendant was previously deported.

  • July 28, 2025

    NJ Panel Orders New Trial In Attempted Kidnapping Case

    A New Jersey state appeals court on Monday ordered a new trial for a man accused of attempted kidnapping and weapons charges after the panel found a trial court did not do enough to address issues stemming from potentially damaging testimony given by an ex-girlfriend of the defendant.

  • July 28, 2025

    Widow Asks 4th Circ. To Revive Freight Broker Claim

    A woman whose husband was killed in a 2022 South Carolina trucking accident told the Fourth Circuit on Monday that freight brokers cannot evade state-based requirements to exercise reasonable care in selecting safe motor carriers to transport shipments.

  • July 28, 2025

    Judge Denies Tulsa Co. Bid To Pause Tribal Jurisdiction Case

    An Oklahoma federal court judge won't pause a dispute between the Muscogee (Creek) Nation and Tulsa County's sheriff and district attorney over criminal jurisdiction, saying the suit can continue despite a pending U.S. Supreme Court petition that could moot the litigation.

  • July 28, 2025

    Mich. Judge Can't Toss Gun Case Over Form Typo, Panel Says

    A state appeals panel in Michigan has reversed a judge's acquittal of a man convicted by a jury on a gun charge, finding the trial judge shouldn't have set aside the jurors' verdict just because a jury instruction form listed the wrong date for the crime.

  • July 28, 2025

    Fed. Circ. Vacates Comcast's Mid-Trial Patent Case Win

    The Federal Circuit on Monday threw out a Florida federal judge's mid-trial decision that cleared Comcast of allegations it infringed a rival's patent on streaming service technology, saying the lower court needs to take another pass.

  • July 28, 2025

    Fed. Circ. Panel Calls For Extending Newman's Suspension

    A three-judge Federal Circuit panel recommended Monday that U.S. Circuit Judge Pauline Newman remain suspended, saying her refusal to undergo medical tests by doctors chosen by the court is a "serious form of continuing misconduct" that is hindering an investigation into her health.

  • July 28, 2025

    Remand 'Futile' In Atty Contempt Case, Mich. Justices Find

    A Michigan attorney accused of making disrespectful comments "in direct view of" a judge has ducked a second criminal contempt trial, with a split state Supreme Court ruling that, as order had been restored, there was no pathway to continue to pursue the claim.

  • July 28, 2025

    11th Circ. Backs Axing IP Suit Over Russian Band's Songs

    The Eleventh Circuit ruled Monday that a Florida federal judge correctly dismissed a copyright complaint from a company that claims to own the rights to audio and video recordings of Russian pop group Tender May, saying the lower court did not have personal jurisdiction over the French digital music company being sued.

  • July 28, 2025

    Fired FTC Dem Urges DC Circ. Not To Pause Reinstatement

    A Democratic member of the Federal Trade Commission who was fired by the president is urging the D.C. Circuit not to pause a lower court order calling for her reinstatement while the administration appeals, saying the administration has little chance of success.

  • July 28, 2025

    9th Circ. Tosses 'Bike+' Infringement Claims Against Peloton

    The Ninth Circuit has declined to revive trademark infringement claims against Peloton brought by a professional cyclist's fitness app company, finding no reasonable factfinder could find a likelihood of consumer confusion between the app and one of Peloton's exercise bikes.

Expert Analysis

  • Series

    Adapting To Private Practice: From ATF Director To BigLaw

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    As a two-time boomerang partner, returning to BigLaw after stints as a U.S. attorney and the director of the Bureau of Alcohol, Tobacco, Firearms and Explosives, people ask me how I know when to move on, but there’s no single answer — just clearly set your priorities, says Steven Dettelbach at BakerHostetler.

  • Reverse Bias Rulings Offer Warning About DEI Quotas

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    Several recent holdings confirm that targeted or quota-based diversity programs can substantiate reverse discrimination claims, especially when coupled with an adverse action, so employers should exercise caution before implementing such policies in order to mitigate litigation risk, says Noah Bunzl at Tarter Krinsky.

  • 4th Circ. Favors Plain Meaning In Bump-Up D&O Ruling

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    The Fourth Circuit's latest denial of indemnity coverage in Towers Watson v. National Union Fire Insurance and its previous ruling in this case lay out a pragmatic approach to bump-up provisions that avoids hypertechnical constructions to limit the effect of a policy's plain meaning, say attorneys at Kennedys.

  • A Look At Key 5th Circ. White Collar Rulings So Far This Year

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    In the first half of 2025, the Fifth Circuit has decided numerous cases of particular import to white collar practitioners, which collectively underscore the critical importance of meticulous recordbuilding, procedural compliance and strategic litigation choices at every stage of a case, says Joe Magliolo at Jackson Walker.

  • High Court Cert Spotlights Varying Tests For Federal Removal

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    A recent decision by the U.S. Supreme Court to review Chevron v. Plaquemines Parish, a case involving the federal officer removal statute, highlights three other recent circuit court decisions raising federal removal questions, and serves as a reminder that defendants are the masters of removal actions, says Varun Aery at Hollingsworth.

  • Rule 23 Class Certification Matters In Settlements, Too

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    The U.S. Supreme Court's recent ruling in Trump v. CASA Inc. highlighted requirements for certifying classes for litigation in federal court, but counsel must also understand how Rule 23 of the Federal Rules of Civil Procedure may affect certifying classes for settlement purposes, say attorneys at Sidley.

  • Contract Disputes Recap: Privity, Pressure, Procedural Traps

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    Three recent decisions from the Civilian Board of Contract Appeals, the Federal Circuit and the U.S. Court of Federal Claims offer fresh lessons for contractors navigating the procedural edge of Contract Disputes Act litigation, says Zachary Jacobson at Seyfarth.

  • Series

    Playing Baseball Makes Me A Better Lawyer

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    Playing baseball in college, and now Wiffle ball in a local league, has taught me that teamwork, mental endurance and emotional intelligence are not only important to success in the sport, but also to success as a trial attorney, says Kevan Dorsey at Swift Currie.

  • 3rd Circ. Bias Ruling Offers Safety Policy Exception Lessons

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    The Third Circuit's decision in Smith v. City of Atlantic City, partially reinstating a religious bias suit over a policy requiring firefighters to be clean-shaven, cautions employers on the legal risk of including practical or discretionary exceptions in safety procedures, say Joseph Quinn and Mark Schaeffer at Cozen O'Connor.

  • APA Relief May Blunt Justices' Universal Injunction Ruling

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    The Administrative Procedure Act’s avenue for universal preliminary relief seems to hold the most promise for neutralizing the U.S. Supreme Court’s decision in Trump v. CASA to limit federal district courts' nationally applicable orders, say attorneys at Crowell.

  • Opinion

    Prosecutors' Duty To Justice Sometimes Demands Mea Culpa

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    Two recent cases — U.S. v. Lucas and U.S. v. Echavarria — demonstrate that prosecutors’ special ethical duty to seek justice can sometimes be in tension with other obligations and incentives, but it nonetheless requires them to concede their mistakes in the interests of justice, say Eastern District of Texas law clerk Ian Stephens and Texas A&M University law professor Jemila Lea.

  • Series

    Law School's Missed Lessons: Skillful Persuasion

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    In many ways, law school teaches us how to argue, but when the ultimate goal is to get your client what they want, being persuasive through preparation and humility is the more likely key to success, says Michael Friedland at Friedland Cianfrani.

  • How NY Appeals Ruling Alters Employers' Sex Abuse Liability

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    In Nellenback v. Madison County, the New York Court of Appeals arguably reset the evidentiary threshold in sexual abuse cases involving employer liability, countering lower court decisions that allowed evidence of the length of the undiscovered abuse to substitute as notice of an employee's dangerous propensity, say attorneys at Hurwitz Fine.

  • Fed. Circ. Ingenico Ruling Pivotal For IPR Estoppel Landscape

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    The Federal Circuit's recent decision in Ingenico v. Ioengine brings long-awaited clarity to the scope of inter partes review estoppel, confirming that a patent challenger is not precluded from relying on the same or substantially similar prior art in both IPR and district court proceedings, so long as it is used to support a different invalidity theory, say attorneys at Irwin IP.

  • Litigation Inspiration: How To Respond After A Loss

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    Every litigator loses a case now and then, and the sting of that loss can become a medicine that strengthens or a poison that corrodes, depending on how the attorney responds, says Bennett Rawicki at Hilgers Graben.

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