Appellate

  • April 11, 2024

    Ex-Geico Agents Ask 6th Circ. To Revive Classification Suit

    A group of former Geico agents asked the Sixth Circuit to revive their claims that they were misclassified and denied benefits, challenging the accuracy and relevance of plan documents that the lower court reviewed when dismissing the workers' suit.

  • April 11, 2024

    Drag Ban Opponents Defend Free Speech Stance To 5th Circ.

    A coalition of LGBTQ advocacy groups, performers and venues challenging a Lone Star State law widely seen as a ban on drag shows told the Fifth Circuit that the attorney general "ignores established precedent" in his defense of the legislation, which the groups said chills "inherently expressive" performances.

  • April 11, 2024

    Vineyard Wind Project Thoroughly Vetted, Feds Tell 1st Circ.

    The federal government on Thursday urged the First Circuit to uphold a Massachusetts federal judge's decision tossing a fishing group's challenge to the Vineyard Wind project, saying it was approved by the U.S. Department of the Interior after extensive analysis.

  • April 11, 2024

    11th Circ. Denies Atty DQ Bid From Gold Star Wives

    The Eleventh Circuit on Thursday denied a request from Gold Star Wives of America Inc. to disqualify an attorney representing a former president of the organization in an appeal over a trademark suit settlement, rejecting its argument that the lawyer's time serving the group should prevent him from guiding its former leader.

  • April 11, 2024

    Judge Grants $3.2M In Fees For Wawa Class Counsel

    There is no evidence of side agreements or collusion between attorneys representing a proposed class in a suit against Wawa Inc. and the convenience store's defense counsel, according to a Pennsylvania federal judge's order approving $3.2 million in attorney fees following appellate court review.

  • April 11, 2024

    11th Circ. Says Insurer Owes Defense In Home Damage Suit

    A general contractor's insurer must defend it against claims that it abandoned the construction site of a custom-built home, the Eleventh Circuit ruled Thursday, rejecting the insurer's reliance on two exclusions barring coverage for damage to "that particular part" of property the contractor worked on and corresponding repairs.

  • April 11, 2024

    NC Justices Hint Holtzman Vogel Immune In Defamation Case

    The North Carolina Supreme Court's Republican majority seems poised to reverse a Court of Appeals decision forcing Holtzman Vogel Baran Torchinsky & Josefiak PLLC to face voters' defamation claims, with one justice lamenting that revoking the law firm's privilege defense could upend decades of case law in the Tar Heel State.

  • April 11, 2024

    Houston Atty Beats Real Estate Deal Malpractice Suit

    In a split decision Thursday, a Houston attorney accused of malpractice was handed a win by the majority of a three-justice Lone Star State appellate panel that cleared her of negligence in connection with a 2014 contract inked between the owner of a property management company and a pair of apartment complex investors, finding that she obtained no "improper benefit" from representing both sides.

  • April 11, 2024

    Mich. Justices To Hear Ex-Prosecutor's Whistleblower Appeal

    The Michigan Supreme Court agreed Wednesday to hold oral arguments in the appeal of a former assistant county prosecutor who claims her former boss retaliated against her for speaking up about a plea bargain she believed was unlawful.

  • April 11, 2024

    Inventor Says AI Art Merits Copyright Despite US Gov't Stance

    An artificial intelligence inventor has bashed the U.S. Copyright Office's arguments that art created by his AI system is not copyrightable because the machine is not human, telling the D.C. Circuit that the government cannot overcome the fact that the work exists, it's original and it qualifies for registration, regardless of its origin.

  • April 11, 2024

    Medical Cannabis Ads Are Lawful In Miss., 5th Circ. Told

    A Mississippi medical marijuana dispensary is urging the Fifth Circuit to find that state regulations restricting cannabis advertising violate the First Amendment right to free speech, and that the state cannot hide behind the drug's federal illegality.

  • April 11, 2024

    Calif., NY And SD Judicial Nominees Advance To Full Senate

    Four judicial nominees were voted out of the Senate Judiciary Committee on Thursday, including one scrutinized for his affiliation with the National Asian Pacific American Bar Association and the group's position on hot button issues.

  • April 11, 2024

    OJ Simpson's Jury Was Sequestered. Why Not Trump's?

    Unlike jurors in the murder case of O.J. Simpson, the 12 Manhattanites picked to hear criminal charges against Donald Trump likely won't be sequestered during the trial — easing psychological and financial burdens but potentially exposing them to outside pressures.

  • April 11, 2024

    EPA Says Colo. Air Pollution Plan Approval Was Proper

    The U.S. Environmental Protection Agency on Wednesday urged the Tenth Circuit to uphold its approval of a Colorado air emissions permitting program, and said a green group's argument that the scheme contains too many exemptions for the oil and gas industry pollution is mistaken.

  • April 11, 2024

    6th Circ. Orders Redo In Brokerage's Trade Secrets Row

    The Sixth Circuit ordered an Ohio district court to take another look at its ruling that a team of insurance brokerage's workers who defected for a competitor must comply with non-compete terms, reasoning that the lower court referenced standards for the injunction, but didn't actually consider them. 

  • April 11, 2024

    Pa. Docs Must Face Patient's Post-Op Blood Clot Death Suit

    A Pennsylvania appeals court has revived a woman's suit against her husband's physician over his death from a pulmonary embolism, saying her experts established a factual dispute over whether the doctor's failure to conduct appropriate tests or inform a surgeon of the husband's prior blood clots led to his death.

  • April 11, 2024

    US Sends Mixed Messages In Enbridge Line 5 Pipeline Dispute

    The U.S. government sent mixed messages to the Seventh Circuit in weighing in on Enbridge's controversial Line 5 oil pipeline, saying a lower court was right to determine that the company is trespassing on tribal lands, but recommended that the case be remanded and that a tribe's public nuisance claim be dismissed. 

  • April 11, 2024

    Trump Camp Must Face 2020 Election Lies Suit

    A Denver trial court rightfully kept intact a former Dominion executive's defamation claims against Donald Trump's presidential campaign and others, accusing them of spreading false claims that the executive helped rig the 2020 election, a Colorado appellate panel ruled Thursday.

  • April 10, 2024

    Texas Panel Seeks Evidence In $1M Real Estate Quagmire

    A Texas appellate panel suggested Wednesday that both sides fighting about a soured real estate financing deal need to do more to make their cases, asking attorneys during oral arguments to point to evidence that either confirms or refutes the existence of a contract.

  • April 10, 2024

    Full 9th Circ. Asked To Rethink Tanker Seizure Ruling

    Several operators of liquid petroleum gas carrier vessels have petitioned the full Ninth Circuit to rethink a circuit panel ruling that a nearly 800-foot crude oil tanker cannot be seized to enforce approximately $10 million in arbitral awards against a defunct gas shipping company.

  • April 10, 2024

    BDO Fights SEC's 'Misdirected' Call For 2nd Circ. Rehearing

    BDO USA LLP is urging the Second Circuit not to reconsider a decision that freed the firm from private litigation over AmTrust Financial Services Inc.'s financial restatements, saying the court should not heed "misdirected concerns" from the U.S. Securities and Exchange Commission about the ruling's supposed impact on shareholders' ability to sue public company auditors.

  • April 10, 2024

    Del. Justices Probe Validity Of Advance Notice Bylaws

    The appeal of a Delaware Chancery Court decision voiding a biopharmaceutical company's "onerous" advance notice requirements for director nominations while upholding the rejection of an activist shareholder's nominees boiled down to one basic legal question at Delaware's Supreme Court Wednesday: Is this a facial or an as-applied challenge?

  • April 10, 2024

    3rd Circ. Won't Revive White And Williams Malpractice Suit

    The Third Circuit on Wednesday declined to revive a $30 million legal malpractice suit brought by a home improvement product manufacturer against White and Williams LLP, finding the claim should have been brought in an earlier action between the parties.

  • April 10, 2024

    9th Circ. Mostly Affirms Industry Ban For COVID PPE Delays

    A Ninth Circuit panel on Tuesday largely upheld a district court's ruling requiring personal protective equipment suppliers to pay over $3 million after finding that they misrepresented the shipping times of hand sanitizer products at the start of the COVID-19 pandemic, while reversing the Federal Trade Commission's injunction against one of the companies' owners.

  • April 10, 2024

    Deported Man Can't Undo Fraud Conviction After Feds' Error

    A deported Nigerian national who confessed to fraud on promises that prosecutors would submit a letter to immigration authorities supporting his deportation defense couldn't convince the Eighth Circuit to toss his guilty plea after prosecutors mistakenly disavowed the letter.

Expert Analysis

  • Series

    Serving As A Sheriff's Deputy Made Me A Better Lawyer

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    Skills developed during my work as a reserve deputy — where there was a need to always be prepared, decisive and articulate — transferred to my practice as an intellectual property litigator, and my experience taught me that clients often appreciate and relate to the desire to participate in extracurricular activities, says Michael Friedland at Friedland Cianfrani.

  • Fears About The End Of Chevron Deference Are Overblown

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    While some are concerned about repercussions if the U.S. Supreme Court brings an end to Chevron deference in the Loper and Relentless cases this term, agencies and attorneys would survive just fine under the doctrines that have already begun to replace it, say Daniel Wolff and Henry Leung at Crowell & Moring.

  • What A Post-Chevron Landscape Could Mean For Labor Law

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    With the U.S. Supreme Court’s ruling on Chevron deference expected by the end of June, it’s not too soon to consider how National Labor Relations Act interpretations could be affected if federal courts no longer defer to administrative agencies’ statutory interpretation and regulatory actions, say attorneys at Morgan Lewis.

  • Perspectives

    Context Is Everything In Justices' Sentencing Relief Decision

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    In the U.S. Supreme Court’s recent Pulsifer v. U.S. decision, limiting the number of drug offenders eligible for sentencing relief, the majority and dissent adopted very different contextual frames for interpreting the meaning of “and” — with the practical impact being that thousands more defendants will be subject to severe mandatory minimums, says Douglas Berman at Moritz College of Law​​​​​​​.

  • Opinion

    The SEC Is Engaging In Regulation By Destruction

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    The U.S. Securities and Exchange Commission's recent use of regulation by enforcement against digital assets indicates it's more interested in causing harm to crypto companies than providing guidance to the markets or protecting investors, says J.W. Verret at George Mason University.

  • Former Minn. Chief Justice Instructs On Writing Better Briefs

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    Former Minnesota Supreme Court Chief Justice Lorie Gildea, now at Greenberg Traurig, offers strategies on writing more effective appellate briefs from her time on the bench.

  • Studying NY, NJ Case Law On Employee Social Media Rights

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    While a New Jersey state appeals court has twice determined that an employee's termination by a private employer for social media posts is not prohibited, New York has yet to take a stand on the issue — so employers' decisions on such matters still need to be assessed on a case-by-case basis, say Julie Levinson Werner and Jessica Kriegsfeld at Lowenstein Sandler.

  • A 5th Circ. Lesson On Preserving Indemnification Rights

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    The Fifth Circuit's recent decision in Raymond James & Associates v. Jalbert offers an important lesson for creditors and parties to indemnification agreements: If a debtor has indemnified a creditor, the creditor should consider participating in the bankruptcy case to avoid being deemed to have forfeited its indemnification rights, say Dania Slim and Alana Lyman at Pillsbury.

  • ShapeShift Fine Epitomizes SEC's Crypto Policy, And Its Flaws

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    A recent U.S. Securities and Exchange Commission order imposing a fine on former cryptocurrency exchange ShapeShift for failing to register as a securities dealer showcases the SEC's regulation-by-enforcement approach, but the dissent by two commissioners raises valid concerns that the agency's embrace of ambiguity over clarity risks hampering the growth of the crypto economy, says Keith Blackman at Bracewell.

  • 2nd Circ. Adviser Liability Ruling May Shape SEC Enforcement

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    The Second Circuit’s recent decision in U.S. Securities and Exchange Commission v. Rashid, applying basic negligence principles to reverse a finding of investment adviser liability, provides a road map for future fraud enforcement proceedings, says Elisha Kobre at Bradley Arant.

  • In Bribery Case, High Court's Past Is Probably Prologue

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    The U.S. Supreme Court will soon hear oral arguments in Snyder v. U.S. on the issue of whether federal law criminalizes gratuities that are not tied to an explicit quid pro quo, and precedent strongly indicates the court will limit an expansive reading of the bribery statute, say attorneys Sami Azhari and Don Davidson.

  • Stay Interviews Are Key To Retaining Legal Talent

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    Even as the economy shifts and layoffs continue, law firms still want to retain their top attorneys, and so-called stay interviews — informal conversations with employees to identify potential issues before they lead to turnover — can be a crucial tool for improving retention and morale, say Tina Cohen Nicol and Kate Reder Sheikh at Major Lindsey.

  • Direct Claims Ruling May Alter Gov't Ties To Software Firms

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    A recent Federal Circuit decision allowing a software developer to pursue legal action under the Contract Disputes Act could change the government's relationship with commercial software providers by permitting direct claims, even in third-party purchase situations, say Dan Ramish and Zach Prince at Haynes Boone.

  • Payment Provision Lessons From NJ Construction Ruling

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    A New Jersey appellate court's decision in Bil-Jim v. Wyncrest, holding that an American Institute of Architects contract was not an installment contract, highlights both the complexities of statute of limitations calculations and the significant consequences that can arise from minor differences in contract language, say Mitchell Taraschi and Zac Brower at Connell Foley.

  • The Fed. Circ. In February: A Reminder On Procedure Rule 28

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    Because the Federal Circuit does not often issue a sua sponte precedential order emphasizing an important rule of practice, it is useful to look at how the court applied the restrictions of appellate procedure Rule 28 in Promptu v. Comcast last month, and in cases that preceded it, say Jeremiah Helm and Sean Murray at Knobbe Martens.

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