Appellate

  • February 20, 2024

    Justices Skip Brandy Melville's TM Dispute With Redbubble

    The U.S. Supreme Court on Tuesday passed on fashion retailer Brandy Melville's petition to review a Ninth Circuit holding that print-on-demand marketplace Redbubble can only be liable for sellers' trademark infringement if it has specific knowledge of the infringing conduct.

  • February 20, 2024

    High Court Passes On Rent Stabilization Probe, For Now

    The U.S. Supreme Court declined to investigate two challenges to specific aspects of New York's rent stabilization law Tuesday after refusing to hear a facial challenge to the same law in September, but left the door ajar for future litigation.

  • February 20, 2024

    Justices Won't Hear Fight Over Limits On Port Labor Protests

    The U.S. Supreme Court on Tuesday declined to consider South Carolina's challenge to a Fourth Circuit ruling that allowed a dockworkers union to sue a shipping group over labor issues at a terminal at the Port of Charleston.

  • February 20, 2024

    Engineer Can't Get High Court Look At Service Dog ADA Suit

    The U.S. Supreme Court refused on Tuesday to review a disability bias suit from a Union Pacific train engineer, leaving in place an Eighth Circuit ruling that said the company wasn't required to let the military veteran bring a service dog to work to help cope with PTSD.

  • February 20, 2024

    Justices Won't Touch UBH Mental Health Coverage Case

    The U.S. Supreme Court declined Tuesday to hear United Behavioral Health's challenge to a Tenth Circuit decision that found the company violated federal benefits law by refusing to cover a teenage girl's inpatient mental health treatment claims.

  • February 20, 2024

    Justice Alito Rips 'Dangerous' Denial Of Admissions Case

    U.S. Supreme Court Justice Samuel Alito slammed his colleagues' refusal to wade into a dispute over a Virginia high school's use of race in admissions decisions Tuesday, calling a Fourth Circuit decision upholding the policy "patently incorrect and dangerous" and the high court's willingness to let it stand "hard to understand."

  • February 20, 2024

    Justices Deny Chinese Co.'s Appeal To Whirlpool Injunction

    The U.S. Supreme Court on Tuesday denied a petition from a Chinese company to review a Fifth Circuit decision to temporarily bar it from selling its kitchen stand mixers because Whirlpool Corp. is alleging the products infringe the registered trade dress for its KitchenAid mixers.

  • February 20, 2024

    High Court Denies Review Of Wrestler Attorney Sanctions

    The U.S. Supreme Court on Tuesday declined to review a petition from an attorney seeking to vacate a $312,000 sanctions order over his representation of former wrestlers over brain injuries they suffered while working for World Wrestling Entertainment Inc.

  • February 20, 2024

    Justices Pass On Bid To Hold UK Co. Liable For Cessna Crash

    The U.S. Supreme Court on Tuesday declined to hear a bid seeking to hold an English aerospace firm liable for a Cessna crash that killed three people, passing on an opportunity to resolve what the petitioners called a circuit split or give credence to a "vociferous dissent" within the Ninth Circuit's published opinion.

  • February 20, 2024

    Justices Won't Hear Apple Patent Challenge In $576M Case

    The U.S. Supreme Court refused Tuesday to consider if Apple should have been barred from joining a successful challenge to network security patents in a $576.5 million case, turning down cybersecurity company VirnetX Inc.'s argument that Apple's petition was filed too late.

  • February 20, 2024

    High Court Declines To Review Trump Attorney Sanctions

    The U.S. Supreme Court declined Tuesday to review onetime Trump lawyer Sidney Powell's and six other attorneys' claims that they were wrongly sanctioned and referred for bar discipline for filing a frivolous challenge to Michigan's 2020 presidential election results.

  • February 20, 2024

    1st Circ. Backs Genzyme Win In Worker's Race Bias Case

    Genzyme Therapeutic Products LP saw its pretrial win in a discrimination case upheld by the First Circuit, which found that a Black manager did not offer enough proof to show that his poor performance review was the result of racial bias.

  • February 20, 2024

    High Court Won't Review PTAB's Ax Of Prof's Ventilator Patent

    The U.S. Supreme Court on Tuesday refused to consider a California State University, Fullerton, professor's appeal of a Patent Trial and Appeal Board decision invalidating many claims in her ventilator patent, turning down her argument that the board's findings went "against scientific principles."

  • February 16, 2024

    Atty Convicted Of $5.5M Client Theft Asks 9th Circ. To Vacate

    The prosecution of a former California personal injury attorney sent to jail for 12 years for embezzling as much as $5.5 million in clients' settlement money was riddled with error, and his conviction and sentence should be vacated, his counsel told the Ninth Circuit at a hearing Friday.

  • February 16, 2024

    Old Rules Face New Risks As Justices Hear Truck Stop's Case

    A North Dakota truck stop's long-haul quest to save on bank card fees reaches the U.S. Supreme Court on Tuesday in a case that could hand businesses a double-edged sword with which to hack away at even decades-old regulations.

  • February 16, 2024

    'No Respect': 2nd Circ. Judge Chides Dissatisfied Arb. Users

    A Chinese cinema magnate's argument that he was inadequately notified of an arbitration that led to a $457 million penalty had a Second Circuit judge invoking the 1972 classic film "The Godfather" on Friday, as he criticized parties who only come to court to complain after the fact.

  • February 16, 2024

    Bid To Ax Calif. Kids' Digital Safety Law Gets Diverse Backing

    The U.S. Chamber of Commerce, the American Civil Liberties Union, more than a dozen media organizations and a slew of other business and consumer advocacy groups are urging the Ninth Circuit to preserve a ruling temporarily halting a new California law that requires social media platforms to bolster their privacy protections for children.

  • February 16, 2024

    Unshackled Calif. Privacy Agency To Bring Enforcement Heat

    California's privacy regulator is expected to not waste any time responding to a recent ruling that cleared the way for the fledgling agency to begin immediately enforcing the rules it's crafted under the state's data protection law, making it vital for businesses and employers to adjust their compliance efforts to meet the accelerated timeline. 

  • February 16, 2024

    State Farm 'Bad Deal' Can't Save Policyholders' Suit

    The Tenth Circuit on Friday refused to revive a proposed class action accusing State Farm of illegally denying full uninsured motorist coverage for policyholders, relatives and passengers, saying that the insurer may have sold them a "bad deal" but that they agreed to it.

  • February 16, 2024

    FCC Needs Enforcement Ombudsman, Ex-Agency Atty Says

    The Federal Communications Commission should consider a wide range of enforcement-related reforms, including creating an ombudsman's office to help companies navigate disputes that crop up during FCC investigations, a former agency general counsel has argued in a new industry-backed paper.

  • February 16, 2024

    6th Circ. Rejects FirstEnergy Objector's Appeal In $180M Case

    The Sixth Circuit on Friday rejected an appeal from a FirstEnergy investor who was holding up a $180 million settlement in a derivative suit seeking to hold the utility company responsible for its involvement in a $1 billion bribery scandal.

  • February 16, 2024

    4th Circ. Won't Rethink Overturning Bid-Rigging Conviction

    The Fourth Circuit declined to reconsider a panel ruling that overturned a former Contech executive's bid-rigging conviction, despite the U.S. Department of Justice's contention that the decision flouts long-standing precedent.

  • February 16, 2024

    11th Circ. Upholds Insurer's Win In Worker's Health Bias Fight

    The Eleventh Circuit on Friday rejected a former Alfa Mutual Insurance Co. worker's bid to reopen her disability discrimination suit accusing the insurer of illegally firing her to sidestep high healthcare costs related to her multiple sclerosis and severe migraines.

  • February 16, 2024

    Fed. Circ. Revives Comcast Patent Case, And Warns Its Atty

    The Federal Circuit on Friday revived a patent suit against Comcast over voice recognition technology, finding that a lower court misinterpreted the patents, and reprimanded a Comcast attorney from Weil Gotshal & Manges LLP for exceeding word counts in a brief in a related case.

  • February 16, 2024

    Nat'l Security Bar Kills Ex-Raytheon Worker's Retaliation Suit

    The Fifth Circuit on Thursday refused to revive an engineer's claims that he was fired by defense contractor Raytheon for raising concerns about a naval system, saying that reviewing the case would implicate the Pentagon's protected decision to revoke his security clearance.

Expert Analysis

  • The 5 Most Important Bid Protest Decisions Of 2023

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    Attorneys at Bradley Arant discuss noteworthy 2023 bid protest decisions from the U.S. Court of Federal Claims and U.S. Government Accountability Office, offering perspectives on standing, document production, agency deference, System for Award Management registration requirements and mentor-protégé joint venture proposal evaluations.

  • Fed. Circ. Cellect Ruling Triggers Significant Patent Risk

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    A recent data analysis shows that the Federal Circuit's decision of patent invalidity in Cellect presents a significant risk to patent holders with subsequent child applications, which may be unpatentable under the judicially created doctrine of obvious-type double patenting, says Curtis Altmann at Hoffmann & Baron.

  • 7 E-Discovery Predictions For 2024 And Beyond

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    The legal and technical issues of e-discovery now affect virtually every lawsuit, and in the year to come, practitioners can expect practices and policies to evolve in a number of ways, from the expanded use of relevancy redactions to mandated information security provisions in protective orders, say attorneys at Littler.

  • Securities Class Actions Show No Signs of Slowing In 2024

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    Plaintiffs asserted securities class actions at elevated levels in 2023 — a sign that filings will remain high in the year ahead — as they switched gears to target companies that allegedly have failed to anticipate supply chain disruptions, persistent inflation, rising interest rates and other macroeconomic headwinds, say attorneys at Skadden.

  • Workplace Challenges Amid Israeli-Palestinian Conflict

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    Recent tension over the Israeli-Palestinian conflict has caused challenges in the employment sphere, sparking the question of whether employees can be legally disciplined for speaking out on issues related to the conflict, which depends on various circumstances, says Alok Nadig at Sanford Heisler.

  • Justice O'Connor Was Architect of ERISA's Lasting Success

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    U.S. Supreme Court Justice Sandra Day O'Connor laid the foundations of Employee Retirement Income Security Act jurisprudence, defining a default standard of review, preemption rules and the act's interplay with employment law, through opinions that are still instructive as ERISA approaches its 50th anniversary, says José Jara at Fox Rothschild.

  • Opinion

    Anti-Kickback Statute Does Not Require But-For Causation

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    A proper interpretation of the Anti-Kickback Statute clearly indicates that but-for causation is not required for False Claims Act Liability, and courts that hold otherwise will make it significantly easier for fraudsters to avoid accountability, says Kenneth Capesius at Baron & Budd.

  • 5 Litigation Funding Trends To Note In 2024

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    Over the next year and beyond, litigation funding will continue to evolve in ways that affect attorneys and the larger litigation landscape, from the growth of a secondary market for funded claims, to rising interest rates restricting the availability of capital, says Jeffery Lula at GLS Capital.

  • Key Issues When Navigating A Tenant's Bankruptcy

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    In light of recent Chapter 11 filings by Rite Aid and WeWork — companies with thousands of commercial leases — practitioners should review issues that can arise when bankruptcy is used to exit a lease, including the consequences of lease rejection and the statutory cap on landlord damage claims for a rejected lease, say attorneys at Proskauer.

  • 5 Securities Litigation Issues To Watch In 2024

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    There is yet another exciting year ahead for securities litigation, starting with the U.S. Supreme Court hearing argument next week in a case presenting a key securities class action question that has eluded review for the last eight years, say attorneys at Willkie.

  • A Look At Consumer Reporting In 2023, And What's To Come

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    The legal landscape of consumer reporting is evolving as courts, federal regulators and state legislatures continue to weigh in — and while last year may have seen a slight downtick in the overall volume of Fair Credit Reporting Act litigation, 2024 is set to be a watershed year for this area of the law, say attorneys at Troutman Pepper.

  • Medtronic's Cautionary Tale Of Fed. Circ. Word Limits

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    The Federal Circuit's ruling in Medtronic v. Teleflex that Medtronic waived an argument that it had sought to incorporate by reference illustrates the pitfalls facing parties in complex patent cases involving numerous issues that cannot all be addressed within the strict word limits for appellate briefs, say Sean Murray and Jeremiah Helm at Knobbe Martens.

  • High Court's Job Bias Questions May Predict Title VII Ruling

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    Employers may be able to predict — and prepare for — important changes to workplace discrimination laws by examining the questions the U.S. Supreme Court asked during oral arguments for Muldrow v. St. Louis, where several justices seemed to favor a low threshold for Title VII suits, says Wendy LaManque at Pryor Cashman.

  • Growing Green Tech Demand Spells Trouble For Groundwater

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    Increasing demand for green technology is depleting the groundwater reserves used to extract and process the necessary minerals, making a fundamental shift toward more sustainable water use practices necessary at both the state and federal levels, says Sarah Mangelsdorf at Goldberg Segalla.

  • 3 Power Rulings Change Outlook For Transmission Cos.

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    The cumulative effect of three December power cases that halted state actions that gave preference to incumbent transmission providers could level the playing field for independent developers, say Harvey Reiter and John McCaffrey at Stinson.

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