/appellate?utm_source=rss&utm_medium=rss&utm_campaign=section Latest articles for: Appellate Copyright 2025 sa¹ú¼Ê´«Ã½. en-US Wed, 25 Jun 2025 17:24:26 +0000 /appellate/articles/2354543?utm_source=rss&utm_medium=rss&utm_campaign=section /appellate/articles/2354543 The Ninth Circuit's decision in Anderson v. Intel reinforces that the Employee Retirement Income Security Act's duty of prudence permits fiduciaries to use private market assets in diversified funds, yet it also exposes the persistent litigation and regulatory uncertainties that continue to temper wider adoption in 401(k) plans, say attorneys at Debevoise. Wed, 25 Jun 2025 16:46:22 +0000 /appellate/articles/2357447?utm_source=rss&utm_medium=rss&utm_campaign=section /appellate/articles/2357447 The Third Circuit on Wednesday upheld a $3.2 million fee award for Berger Montague and Fine Kaplan & Black in the settlement for consumers affected by a 2019 Wawa data breach, ruling Wednesday that the district court judge correctly found no improper "side deals" or collusion at class members' expense. Wed, 25 Jun 2025 16:39:33 +0000 /appellate/articles/2357008?utm_source=rss&utm_medium=rss&utm_campaign=section /appellate/articles/2357008 Emil Bove, nominee for the Third Circuit, who previously served as President Donald Trump's criminal attorney and was a top acting official at the U.S. Department of Justice earlier this year, and where he took various controversial actions, made his case on Wednesday for judicial confirmation. Wed, 25 Jun 2025 16:33:40 +0000 /appellate/articles/2356893?utm_source=rss&utm_medium=rss&utm_campaign=section /appellate/articles/2356893 The ex-wife of an intellectual property lawyer in North Carolina has asked the state's highest court to affirm an order awarding her half the value of his law firm in their divorce, arguing the practice's goodwill is marital property subject to equal distribution. Wed, 25 Jun 2025 15:41:43 +0000 /appellate/articles/2357015?utm_source=rss&utm_medium=rss&utm_campaign=section /appellate/articles/2357015 The U.S. Supreme Court’s decision last week in Esteras v. U.S., limiting the factors that lower courts may consider in imposing prison sentences for supervised release violations, is symbolically important, but its real-world impact will likely be muted for several reasons, say attorneys at Perkins Coie. Wed, 25 Jun 2025 15:32:08 +0000 /appellate/articles/2357293?utm_source=rss&utm_medium=rss&utm_campaign=section /appellate/articles/2357293 A man injured in a car crash cannot recover underinsured motorist, or UIM, coverage under his employer's commercial auto policy, the Fourth Circuit ruled, vacating his $1 million award based on guidance from West Virginia's top court that insurers aren't required to offer such coverage for all vehicles they insure. Wed, 25 Jun 2025 15:08:26 +0000 /appellate/articles/2357377?utm_source=rss&utm_medium=rss&utm_campaign=section /appellate/articles/2357377 A split Ninth Circuit panel has refused to vacate a Mexican national's conviction for possession of a firearm while present in the U.S. without authorization, saying there's no reasonable likelihood that the jury would have reached a different conclusion with different instructions. Wed, 25 Jun 2025 14:55:59 +0000 /appellate/articles/2356843?utm_source=rss&utm_medium=rss&utm_campaign=section /appellate/articles/2356843 A co-lead of the appellate and family/matrimonial practices at Einhorn Barbarito Frost Botwinick Nunn & Musmanno PC is now co-managing partner, the New Jersey-based firm announced Tuesday. Wed, 25 Jun 2025 14:55:54 +0000 /appellate/articles/2356558?utm_source=rss&utm_medium=rss&utm_campaign=section /appellate/articles/2356558 The U.S. Department of Justice's recent firing of a prosecutor-turned-whistleblower involved in the Abrego Garcia v. Noem case illustrates the tricky balancing act between zealous client advocacy and a lawyer’s duty of candor to the court, which many clients fail to appreciate, says David Atkins at Yale Law School. Wed, 25 Jun 2025 13:25:23 +0000 /appellate/articles/2348925?utm_source=rss&utm_medium=rss&utm_campaign=section /appellate/articles/2348925 Law schools don’t spend sufficient time dispelling certain myths that prevent young lawyers from exploring new business opportunities, but by dismissing these misguided beliefs, even an introverted first-year associate with a small network of contacts can find long-term success, says Ronald Levine at Herrick Feinstein. Tue, 24 Jun 2025 23:43:09 +0000 /appellate/articles/2356545?utm_source=rss&utm_medium=rss&utm_campaign=section /appellate/articles/2356545 Colorado's highest court granted a new securities fraud trial Monday to a man whose testimony in his own defense about advice of counsel was curtailed by a judge, saying legal advice is unquestionably relevant in mounting a defense around "willfulness." Tue, 24 Jun 2025 23:28:49 +0000 /appellate/articles/2356855?utm_source=rss&utm_medium=rss&utm_campaign=section /appellate/articles/2356855 The Pennsylvania Superior Court struck down Philadelphia's restrictions on the open carry of firearms as unconstitutional, finding citizens in the state's largest city should not be subject to more stringent gun laws than those in other parts of the state. Tue, 24 Jun 2025 22:09:08 +0000 /appellate/articles/2357112?utm_source=rss&utm_medium=rss&utm_campaign=section /appellate/articles/2357112 The Trump administration must "facilitate the return" to the U.S. of a man deported to El Salvador in violation of an order blocking his removal, the Second Circuit ruled Tuesday, citing a U.S. Supreme Court decision backing the return of a Maryland man improperly deported to a Salvadoran prison. Tue, 24 Jun 2025 21:02:33 +0000 /appellate/articles/2356341?utm_source=rss&utm_medium=rss&utm_campaign=section /appellate/articles/2356341 Hockey players' unions and individual players have appealed to the Ninth Circuit after a Washington federal judge dismissed their antitrust lawsuit accusing the National Hockey League and the Canadian Hockey League of conspiring to suppress wages for junior league players. Tue, 24 Jun 2025 20:47:36 +0000 /appellate/articles/2357030?utm_source=rss&utm_medium=rss&utm_campaign=section /appellate/articles/2357030 A D.C. Circuit panel on Tuesday upheld the Federal Maritime Commission's default judgment against MSC Mediterranean Shipping Co. SA stemming from a pandemic-era cargo space dispute with a Pennsylvania-based shipper. Tue, 24 Jun 2025 20:44:25 +0000 /appellate/articles/2356768?utm_source=rss&utm_medium=rss&utm_campaign=section /appellate/articles/2356768 The Georgia Supreme Court on Tuesday reversed a ruling from the state's intermediate appellate court in a case over whether a notice of claim against the city of Atlanta was properly served according to state law, finding that it was. Tue, 24 Jun 2025 20:41:16 +0000 /appellate/articles/2356384?utm_source=rss&utm_medium=rss&utm_campaign=section /appellate/articles/2356384 A former Gree USA executive has appealed his conviction and 38-month prison sentence in the first-ever criminal prosecution of individuals under the Consumer Product Safety Act, according to a Tuesday filing in California federal court. Tue, 24 Jun 2025 20:17:20 +0000 /appellate/articles/2356761?utm_source=rss&utm_medium=rss&utm_campaign=section /appellate/articles/2356761 The Supreme Court of Georgia has vacated a $1 million award of nominal damages to a woman who was injured at a Walmart store, ruling that the verdict violated the intent of nominal damages to represent a "trivial sum" for plaintiffs. Tue, 24 Jun 2025 20:16:55 +0000 /appellate/articles/2356833?utm_source=rss&utm_medium=rss&utm_campaign=section /appellate/articles/2356833 The Federal Circuit has denied Textron Aviation Defense LLC's request to reconsider a decision that affirmed the dismissal of its pension claims against the federal government as time-barred under the Contract Disputes Act's six-year statute of limitations. Tue, 24 Jun 2025 20:11:00 +0000 /appellate/articles/2357027?utm_source=rss&utm_medium=rss&utm_campaign=section /appellate/articles/2357027 The Fifth Circuit has thrown out part of a U.S. Environmental Protection Agency rule for determining measures for fuel efficiency, finding Tuesday that the agency used a faulty methodology to justify tightening standards and outright ignored comments when creating the rule.