Appellate

  • April 05, 2024

    2nd Circ. Revives Coinbase Securities Class Action

    The Second Circuit on Friday revived a proposed class action accusing crypto trading platform Coinbase of selling unregistered securities, saying that competing user contracts left it open for interpretation as to who, exactly, was the direct seller of dozens of tokens trading on the exchange.

  • April 05, 2024

    Judicial Nominees On Schumer's Post-Recess To-Do List

    Senate Majority Leader Chuck Schumer, D-N.Y., laid out on Friday a busy agenda for when Congress returns next week, which includes confirming the president's judicial nominees.

  • April 05, 2024

    11th Circ. Backs Auto Co.'s Win In Disability Bias Suit

    The Eleventh Circuit has refused to reinstate a worker's suit accusing an auto parts manufacturer of firing him because of his gastrointestinal issues, saying he couldn't rebut the company's argument that he was fired for falling asleep at work.

  • April 04, 2024

    Punishing Docs' Statements Chills Free Speech, 5th Circ. Told

    A right-leaning nonprofit sparred with a group of specialty medical boards and the U.S. Department of Homeland Security in front of the Fifth Circuit during oral arguments Thursday, saying that revoking doctors' medical licenses in retaliation for public statements on issues like abortion chills free speech.

  • April 04, 2024

    Homeowner Asks 9th Circ. To Rethink Fire Coverage Ruling

    A woman who was prevented from coverage of a 2021 house fire by the Ninth Circuit asked the court to rehear her case, arguing among other things that she did not lie to her insurer about renting her home, because she didn't fill out the insurance application.

  • April 04, 2024

    9th Circ. Unconvinced Judge's Past Job Hurt Tesla Investor

    The Ninth Circuit on Thursday refused to revive claims brought by a short-seller accusing Tesla Inc. and CEO Elon Musk of using social media to artificially inflate the company's stock, ruling that the plaintiff wasn't prejudiced by a district judge's former employment with the predecessor of a firm that represented Tesla for a portion of the litigation.

  • April 04, 2024

    5th Circ. Scrutinizes Data-Tracking On La. Health Provider Site

    A Fifth Circuit panel questioned Louisiana health care providers Thursday on the use of "tracking pixels" on their website, asking counsel for the providers whether a third party like Facebook could access patient records without patient permission.

  • April 04, 2024

    NY AG Asked To Weigh In On Multiple Sclerosis Drug Fight

    The Federal Circuit is asking New York Attorney General Letitia James to weigh in on a patent dispute over a multiple sclerosis drug after it emerged that Acorda Therapeutics' challenge to an underlying arbitral award raises questions about the constitutionality of New York's voluntary payment doctrine.

  • April 04, 2024

    Morgan Stanley, Goldman Sachs Can't Duck Archegos Claims

    A New York appellate court on Thursday affirmed a decision refusing to dismiss ViacomCBS investors' claims against Morgan Stanley, Goldman Sachs and a long list of banks over the collapse of Archegos Capital Management, finding that investors plausibly identified statements the banks made that could have been misleading.

  • April 04, 2024

    4th Circ. Turns Away Yemeni Asylum Holder's Residency Bid

    The Fourth Circuit on Thursday determined that it lacks jurisdiction to review U.S. Citizenship and Immigration Services' denial of permanent residency to a Yemeni asylum holder who allegedly belonged to a terrorist organization, reasoning that only Attorney General Merrick Garland or Homeland Security Secretary Alejandro N. Mayorkas can second-guess the matter.

  • April 04, 2024

    Smith & Wesson Scolded At 7th Circ. For Minimizing Victims

    A Seventh Circuit judge on Thursday lambasted counsel for Smith & Wesson for stating "several" people were killed or wounded in the July Fourth shooting in Highland Park, Illinois, saying he was tempted to use up some of the company's allotted time by listing the names of all 55 victims.

  • April 04, 2024

    Parents Deny Need For Defect In Amazon Suicide Suit

    Families accusing Amazon of negligently selling chemicals teens used in their suicides told the Ninth Circuit Wednesday that their suit should get another chance, arguing they did not have to show the lethal chemical was defective in order to prove Amazon's liability.

  • April 04, 2024

    Brett Favre Fights To Revive Miss. Defamation Suit In 5th Circ.

    Retired NFL quarterback Brett Favre is arguing to the Fifth Circuit that fellow Hall of Fame inductee Shannon Sharpe's broadcast comments about his alleged involvement with a huge Mississippi welfare fraud could not be excused as hyperbole, in an attempt to revive a defamation suit against Sharpe.

  • April 04, 2024

    Microsoft Unit Gets Fed. Circ. Alice Win On Imaging Patents

    The Federal Circuit on Thursday gave a win to a software company acquired by Microsoft for nearly $20 billion, affirming a decision that claims in four medical imaging patents it was accused of infringing are invalid for claiming only an abstract idea.

  • April 04, 2024

    $1.6M Med Mal Brain Injury Verdict Nixed Over Jury Instruction

    The Virginia Supreme Court on Thursday wiped out a $1.6 million verdict in a malpractice suit by a woman alleging she had a seizure and fell because her doctor didn't properly treat her low blood sodium, saying the trial court should have given the jury an instruction requested by the doctor.

  • April 04, 2024

    Coder's Late Expert Report Sank IP Suit, 6th Circ. Rules

    A panel of the Sixth Circuit has refused to revive an industrial control system designer's claims that a former business partner infringed his and his business's copyrighted software, backing a Michigan federal court's decision to exclude a critical expert witness.

  • April 04, 2024

    Citibank Can't Force Arbitration In Fees Suit, Veterans Say

    A proposed class of military members has told the Fourth Circuit that Citibank cannot force them to arbitrate claims the bank overcharged credit card fees, arguing federal laws on military-member lending negate arbitration agreements.

  • April 04, 2024

    Ex-NY Court Atty Found Guilty Of Official Misconduct

    A New York state jury on Thursday found a former appeals court attorney guilty of official misconduct for using her position to provide a legal opinion that helped her husband and his law firm secure a $55,000 payment from a new client.

  • April 04, 2024

    Mattress Co. Can Redo Conspiracy Suit After 10th Circ. Trip

    A Utah federal judge has rejected arguments from leading mattress manufacturers that a competitor is too late to amend an antitrust lawsuit alleging the spread of false information, saying a Tenth Circuit appeal prevented the competitor from updating its claims sooner.

  • April 04, 2024

    Real Estate Fraudster Wins 3rd Circ. Bid To Testify

    The real estate agent who helped ex-NFL player Irving Fryar in a scheme to defraud several banks out of $1 million in mortgages was wrongly denied the ability to testify on his own behalf at a hearing over alleged violations of his supervised release, the Third Circuit ruled in a precedential opinion Thursday.

  • April 04, 2024

    HHS Asks Justices To Review 5th Circ. Abortion Ruling

    The Biden administration has asked the U.S. Supreme Court to add a Texas legal clash to its review of whether a federal law requiring emergency medical care can preempt state-level abortion bans, a question before the justices in a separate case.

  • April 04, 2024

    Higher Ed Groups Warn Of 'Radical Shift' In Suicide Liability

    Four colleges and a slew of higher education advocacy groups have urged the Eleventh Circuit to reject an argument that Atlanta's Emory University should be liable for the suicide of a student, warning that a ruling against the school could bring about a "radical shift" in the university-student relationship.

  • April 04, 2024

    Ga. Says Listening to Atty-Client Calls Not Unconstitutional

    The state of Georgia has told the state's Supreme Court that prosecutors didn't trample on the Sixth Amendment rights of a man convicted of assault, because they didn't intentionally seek to listen to privileged phone calls between the man and his lawyer and because the phone calls weren't evidence at trial.

  • April 04, 2024

    2nd Circ. Vacates Logistics Co.'s $1.8M Damaged Cargo Win

    A New York federal court erred by rejecting a Chubb unit's reimbursement bid for an over $1.8 million damaged drug shipment, the Second Circuit ruled Thursday, finding a genuine factual dispute on whether the logistics company in charge was a "contracting carrier" under an international treaty governing air shipments.

  • April 04, 2024

    SEC Voluntarily Puts Climate Regs On Ice During Court Battle

    The U.S. Securities and Exchange Commission announced Thursday that it is voluntarily delaying the implementation of climate disclosure regulations while it fights an Eighth Circuit challenge seeking to vacate the rules, with the regulator saying that it hopes the voluntary stay will speed resolution of the case. 

Expert Analysis

  • A Post-Mortem Analysis Of Stroock's Demise

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    After the dissolution of 147-year-old firm Stroock late last year shook up the legal world, a post-mortem analysis of the data reveals a long list of warning signs preceding the firm’s collapse — and provides some insight into how other firms might avoid the same disastrous fate, says Craig Savitzky at Leopard Solutions.

  • NY's Revamped Card Surcharge Ban Is Unique Among States

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    Newly revised New York legislation bolsters the state's ban on credit card surcharges, potentially reinvigorating similar laws across the country despite the fact that many of them have been ruled unconstitutional, say Tom Witherspoon and Audrey Carroll at Stinson.

  • How VA Court Change Is Affecting Insurance Disputes

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    The expansion of the Virginia Court of Appeals' jurisdiction to include review of decisions involving insurance coverage stands to significantly grow the body of related case law, likely to the benefit of policyholders, as evident in the recent decision in Bowman II v. State Farm Fire and Casualty Co., say Michael Levine and Olivia Bushman at Hunton.

  • Fed. Circ. Ruling Helps Clarify When Gov't Clawback Is Timely

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    The Federal Circuit’s examination of claims accrual in a January decision that allows the Defense Contract Management Agency to pursue overpayment claims under a cost-reimbursement contract serves as a reminder that the government can lose such claims by waiting too long to file, say Evan Sherwood and Peter Hutt at Covington.

  • Don't Sit On Bankruptcy Sidelines, 5th Circ. Ruling Reminds

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    The Fifth Circuit’s recent In re: Louisiana Pellets decision, holding that a creditor couldn’t assert indemnification defenses in a suit brought by the trustee of a liquidation trust, highlights the risks faced by creditors and other contract parties that choose not to participate in a bankruptcy, say Gregory Hesse and Kaleb Bailey at Hunton.

  • Considering The Logical Extremes Of Your Legal Argument

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    Recent oral arguments in the federal election interference case against former President Donald Trump highlighted the age-old technique of extending an argument to its logical limit — a principle that is still important for attorneys to consider in preparing their cases, says Reuben Guttman at Guttman Buschner.

  • How High Court SEC Case Could Affect The ITC

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    While the U.S. Supreme Court’s upcoming ruling in U.S. Securities and Exchange Commission v. Jarkesy will likely spare the U.S. International Trade Commission from major operative changes, the ITC’s ability to issue penalties for violations of its orders may change, say Gwendolyn Tawresey and Ryan Deck at Troutman Pepper.

  • 6th Circ. Ruling Breathes New Life Into Article III Traceability

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    The Sixth Circuit's recent decision in Hardwick v. 3M Co. to vacate a district court's certification of one of the largest class actions in American jurisprudence for lack of Article III standing has potentially broader implications for class action practice in the product liability sphere, particularly in medical monitoring cases involving far-fetched theories of causation, say attorneys at Skadden.

  • 2nd Circ. Ruling Will Guide Social Media Account Ownership

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    The Second Circuit’s recent decision in JLM Couture v. Gutman — which held that ownership of social media accounts must be resolved using traditional property law analysis — will guide employers and employees alike in future cases, and underscores the importance of express agreements in establishing ownership of social media accounts, says Joshua Glasgow at Phillips Lytle.

  • Lessons From Rare Post-Verdict Healthcare Fraud Acquittal

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    A Maryland federal court recently overturned a jury verdict that found a doctor guilty of healthcare fraud related to billing levels for COVID-19 tests, providing defense attorneys with potential strategies for obtaining acquittals in similar prosecutions, says attorney Andrew Feldman.

  • Series

    Coaching High School Wrestling Makes Me A Better Lawyer

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    Coaching my son’s high school wrestling team has been great fun, but it’s also demonstrated how a legal career can benefit from certain experiences, such as embracing the unknown, studying the rules and engaging with new people, says Richard Davis at Maynard Nexsen.

  • Debt Collector Compliance Takeaways From An FDCPA Appeal

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    A Consumer Financial Protection Bureau amicus brief last month in an ongoing First Circuit appeal focusing on an interpretation of the Fair Debt Collection Practices Act can serve as a reminder for debt collectors to understand how their technologies, like bankruptcy scrubs and letter logic, can prevent litigation, says Justin Bradley at Womble Bond.

  • Takeaways From 9th Circ. Nix Of Ex-GOP Rep.'s Conviction

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    The Ninth Circuit recently reversed the conviction of former Rep. Jeff Fortenberry, R-Neb., for lying to the FBI, showing that the court will rein in aggressive attempts by the government to expand the reach of criminal prosecutions — and deepening a circuit split on an important venue issue, say attorneys at Skadden.

  • SG's Office Is Case Study To Help Close Legal Gender Gap

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    As women continue to be underrepresented in the upper echelons of the legal profession, law firms could learn from the example set by the Office of the Solicitor General, where culture and workplace policies have helped foster greater gender equality, say attorneys at Ocean Tomo.

  • NCAA's Antitrust Litigation History Offers Clues For NIL Case

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    Attorneys at Perkins Coie analyze the NCAA's long history of antitrust litigation to predict how state attorney general claims against NCAA recruiting rules surrounding name, image and likeness discussions will stand up in Tennessee federal court.

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