• December 10, 2023

    Trump Cancels Plan To Testify In NY Fraud Trial Defense

    Donald Trump abruptly canceled his plans to testify in his defense on Monday in the New York attorney general's civil fraud case, announcing the decision in a series of social media posts on the eve of his expected return to the Manhattan courtroom.

  • December 09, 2023

    Texas High Court Halts Order Granting Emergency Abortion

    The Texas Supreme Court hit pause late Friday on a lower-court ruling that granted a pregnant woman permission for an emergency abortion in a fast-moving case believed to be the first of its kind in decades.

  • December 08, 2023

    Circuit-By-Circuit Guide To 2023's Most Memorable Moments

    A former BigLaw partner in his 30s made history by joining a preeminent circuit court, a former BigLaw partner in his 50s made waves by leaving the largest circuit, and a former chemist in her 90s made enemies by resisting a probe on the most specialized circuit. That's a small sample of the intrigue that flourished in 2023 throughout the federal appellate system, where diversity bloomed and controversy abounded.

  • December 08, 2023

    Pa. Justices Reject Consolidation Of Future COVID Cases

    The Supreme Court of Pennsylvania on Friday held that an Allegheny County judge — one of few to rule in favor of businesses seeking insurance coverage for losses stemming from the COVID-19 pandemic — cannot consolidate all future pandemic cases against Erie Insurance Exchange in her courtroom, ruling that she exceeded her authority in doing so.

  • December 08, 2023

    Broadcaster Says No Actual Malice In 2020 Election Lies Case

    A conservative radio personality and the broadcasting company that hosts his show have urged Colorado's state appeals court to find that a defamation lawsuit brought by a former Dominion Voting Systems executive should be tossed, arguing the Dominion employee hadn't shown they knew the allegedly defamatory statements were false.

  • December 08, 2023

    State Farm Must Pay For Man's Care During Rate Cap Dispute

    A Michigan appellate panel refused to let State Farm reduce payments just yet for a quadriplegic man's healthcare in light of an amended Michigan law, ruling that a change in coverage could put the patient's life at risk.

  • December 08, 2023

    Judge 'Lost Sight' Of Role In Overly Harsh Prison Sentence

    A Michigan trial court judge who said she "isn't really concerned" about state sentencing guidelines will get a third shot at properly sentencing a defendant after she ordered a harsher prison punishment than the guidelines recommend — the second time she had done so, the Michigan Court of Appeals said.

  • December 08, 2023

    Yale Workers Ask 2nd Circ. To Order New Trial In ERISA Suit

    Yale University employees urged the Second Circuit to find that a new trial is needed in their lawsuit accusing the school of mismanaging their $5.5 billion retirement plan, saying faulty jury instructions placed the bar too high and resulted in no monetary damages for the class.

  • December 08, 2023

    7th Circ. Takes Hard Look At CFPB Redlining Appeal

    The Consumer Financial Protection Bureau and a Chicago mortgage lender each faced a skeptical Seventh Circuit judge Friday as the appellate court weighed whether it should revive the agency's redlining lawsuit accusing the lender of unlawfully disparaging majority-Black neighborhoods.

  • December 08, 2023

    Solicitor General Urges Justices To Ax Social Media Laws

    U.S. Solicitor General Elizabeth B. Prelogar has called on the U.S. Supreme Court to strike down laws in Texas and Florida that bar social media platforms from banning users or removing content, saying the content moderation provisions violate the First Amendment.

  • December 08, 2023

    Tribe Tells Fla. High Court Gaming Pact Is Constitutional

    Florida's Seminole Tribe on Friday defended state officials in a challenge to the legality of a 2021 pact allowing the tribe to receive online sports betting wagers, saying in a brief filed with the state Supreme Court that the agreement is consistent with the Indian Gaming Regulatory Act.

  • December 08, 2023

    Carriers Urge Pa. Justices To Flip Policyholder Pandemic Win

    The insurers of a Pittsburgh dental practice told the Pennsylvania Supreme Court in an appeal Friday to recognize that, like many other plaintiffs, the dentist can't be covered for his COVID-19 losses because there was no physical damage to his office.

  • December 08, 2023

    Billboard Co. Can't Avoid Retrial Verdict After Faking Evidence

    A Michigan appeals panel said a billboard company could not avoid a $700,000 verdict for rival Lamar Advertising Co., affirming that the company's initial victory was tainted by evidence it fabricated, which justified a retrial that Lamar won.

  • December 08, 2023

    9th Circ. Skeptical Of Wash. Vet Clinic Monopoly Claims

    Ninth Circuit judges hearing antitrust claims against an eastern Washington veterinary clinic on Friday kept getting hung up on how two of its vets could've been harmed by noncompete terms in an agreement they never signed and a merger proposal that never came to fruition.

  • December 08, 2023

    Siemens Says OT Suit Wrongly Booted From Fed Court

    An attorney for Siemens Industry Inc. told the Ninth Circuit on Friday that a district judge erred in tossing a proposed overtime class action from federal court, allowing current and former employees to pursue their claims against the industrial manufacturing giant in state court.

  • December 08, 2023

    Widow Appeals Suit Over Husband's Suicide To NC High Court

    A North Carolina woman is asking the state Supreme Court to revive a medical malpractice suit against a hospital over her husband's suicide after the lower courts ruled her case could not overcome the hospital's immunity under state law.

  • December 08, 2023

    Justices Take Up Case Over Fed. Employee Appeal Deadline

    The U.S. Supreme Court agreed Friday to mull whether a deadline to challenge the Merit Systems Protection Board's decisions can have any wiggle room, taking up a U.S. Department of Defense worker's challenge to a Federal Circuit decision deeming his appeal untimely.

  • December 08, 2023

    Ayahuasca Church Not Tax-Exempt, US Tells DC Circ.

    An Iowa church that used a federally illegal psychedelic in its rites was correctly denied tax-exempt status by the Internal Revenue Service and a district court, the federal government told the D.C. Circuit on Friday, saying the church was organized and operated primarily for a nonexempt, illegal purpose.

  • December 08, 2023

    No Arbitration In Minor League Baseball Player's Fla. Death Suit

    A Florida appeals court on Friday found that the parents of a minor league baseball player do not need to arbitrate their wrongful death suit against a doctor for the Minnesota Twins who they say failed to diagnose their son's dangerous heart condition, finding the dispute does not fall within an arbitration agreement.

  • December 08, 2023

    Pa. Court Sides With Cozen O'Connor In Malpractice Fight

    A Pennsylvania state appellate court on Friday backed a lower court's ruling in favor of Cozen O'Connor in a case where it was sued by a software company on allegations of legal malpractice over intellectual property issues, saying the litigation was filed beyond the applicable limitations period.

  • December 08, 2023

    SC Argues With 4th Circ. Over Right To Sue Under Medicaid

    A recently decided U.S. Supreme Court case that tailored the test for when private lawsuits can be filed under a federal health law took center stage Friday at the Fourth Circuit, where judges grappled with whether they must rethink a previous ruling preventing South Carolina from dropping a Medicaid provider pact it had with Planned Parenthood.

  • December 08, 2023

    Auto Supplier's Failed Poaching Suit Not Frivolous

    An automotive supply company had legitimate reasons to believe a former employee breached a separation agreement by potentially stealing trade secrets and recruiting other workers to leave for a competitor, a Michigan appellate panel said in finding the company's unsuccessful suit was not frivolous.

  • December 08, 2023

    Metals Dealer Urges 11th Circ. To Keep Loan Dispute In Fla.

    A Florida precious metals dealer urged an Eleventh Circuit panel on Friday to reverse a lower court ruling transferring arbitration in a loan dispute to California, arguing Florida's long-arm statute allows personal jurisdiction over non-residents when they breach a contract requiring disputes to be settled in the Sunshine State.

  • December 08, 2023

    ​​​​​​​2nd Circ. Won't Revive Pace University COVID Response Suit

    A panel of the Second Circuit backed a Manhattan district court's decision Friday to toss a lawsuit that was brought against Pace University because its COVID-19 shutdown forced students to take virtual classes and miss out on in-person activities.

  • December 08, 2023

    Profs Warn Against Feds' Admin. Law Argument At 9th Circ.

    A group of 20 law professors urged the Ninth Circuit to avoid conflating injunctions and vacatur in environmental and administrative law cases, after a panel paused a Washington federal judge's order that would have halted summer and winter commercial Chinook salmon troll fishing in southeast Alaska.

Expert Analysis

  • Perils Of Incorporation By Reference At The Federal Circuit

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    The Federal Circuit's recent decision backing a Patent Trial and Appeal Board ruling against Medtronic illustrates the perils of arguments through incorporation by reference, which can result in waiver of arguments and an adverse decision on appeal, says Ryan Hagglund at Loeb & Loeb.

  • Series

    Performing Music Makes Me A Better Lawyer

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    The discipline of performing live music has directly and positively influenced my effectiveness as a litigator — serving as a reminder that practice, intuition and team building are all important elements of a successful law practice, says Jeff Wakolbinger at Bryan Cave.

  • 5th Circ. Ruling Sets Bostock, Faith Exemption Up For Review

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    The Fifth Circuit's Braidwood v. Equal Employment Opportunity Commission decision could tee up U.S. Supreme Court review of whether employing an individual to whose protected class the employer objects infringes on the employer's religious beliefs, potentially narrowing LGBTQ worker protections from the high court's 2020 Bostock v. Clayton County decision, says Adam Grogan at Bell Law.

  • Breaking Down High Court's New Code Of Conduct

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    The U.S. Supreme Court recently adopted its first-ever code of conduct, and counsel will need to work closely with clients in navigating its provisions, from gift-giving to recusal bids, say Phillip Gordon and Mateo Forero at Holtzman Vogel.

  • Trump NY Fraud Trial Shows Civil, Criminal Case Differences

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    Former President Donald Trump’s civil fraud trial currently unfolding in New York provides a reminder that civil bench trials can be just as damaging, if not more so, than criminal prosecutions, due to several key elements of civil litigation procedure, says retired attorney David Moskowitz.

  • High Court's Chevron Review May Be A Crypto Game-Changer

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    The outcome of the U.S. Supreme Court's review of the Chevron doctrine in its pending Loper v. Raimondo case will potentially usher in a paradigm shift in cryptocurrency regulation, challenging agency authority and raising hopes for a recalibrated approach that favors judicial interpretation, says Sylvia Favretto at Mysten Labs.

  • 7 Critical Copyright And AI Questions Courts Need To Address

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    U.S. courts have yet to rule on many copyright issues regarding generative artificial intelligence technologies, so developers and users should consider several questions when evaluating risks, developing risk mitigation plans and making decisions about particular use cases, say John Delaney and Sean West at Perkins Coie.

  • How Purdue High Court Case Will Shape Ch. 11 Mass Injury

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    The U.S. Supreme Court's recent arguments in Harrington v. Purdue Pharma, addressing the authority of bankruptcy courts to approve nonconsensual third-party releases in Chapter 11 settlement plans, highlight the case's wide-ranging implications for how mass injury cases get resolved in bankruptcy proceedings, says George Singer at Holland & Hart.

  • Why E-Commerce Tools Are Under Fire Amid Privacy Lawsuits

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    As lawsuits try to shoehorn new technologies into decades-old privacy laws never intended for the digital age, e-commerce tools and the companies that use them are increasingly at risk, and retailers should act now to minimize their potential exposure, say attorneys at Benesch.

  • How New Expert Rules Are Already Changing Court Decisions

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    Though not formally effective until last week, some courts have been relying for several years on amended federal rules clarifying judges’ gatekeeping role, so counsel should be prepared to justify their expert witnesses’ methodologies and expect additional motion practice on expert testimony admissibility, say Colleen Kenney and Daniel Kelly at Sidley.

  • Opinion

    Legal Profession Gender Parity Requires Equal Parental Leave

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    To truly foster equity in the legal profession and to promote attorney retention, workplaces need to better support all parents, regardless of gender — starting by offering equal and robust parental leave to both birthing and non-birthing parents, says Ali Spindler at Irwin Fritchie.

  • Pa. Court's Venue Ruling Is Likely To Worsen Forum Shopping

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    The Pennsylvania Supreme Court’s recent Hangey v. Husqvarna decision claims to narrowly clarify the standard for evaluating whether a venue is proper, but has broader implications that are likely to exacerbate the forum-shopping problem that already plagues corporate defendants in Pennsylvania, says Stefanie Pitcavage Mekilo and Joseph Schaeffer at Babst Calland.

  • 1st Circ. Ruling Helps Clarify Test For FLSA Admin Exemption

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    The First Circuit’s recent decision in Marcus v. American Contract Bridge League will help employers navigate the Fair Labor Standards Act's "general business operations" exemption and make the crucial and often confusing decision of whether white collar employees are overtime-exempt administrators or nonexempt frontline producers of products and services, says Mark Tabakman at Fox Rothschild.

  • How Cannabis Cos. Are Adapting In Shifting Bankruptcy Arena

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    Recent bankruptcy cases show that federal courts have begun to demonstrate more openness to downstream businesses in the cannabis industry, and that even though receivership can be a viable option for those denied access to the bankruptcy system, it is not without its own risks and complexities, say attorneys at Troutman Pepper.

  • 9th Circ. Ruling May Expand Short-Swing Profit Exemption

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    The Ninth Circuit’s recent dismissal of a shareholder derivative suit in Roth v. Foris Ventures LLC provides boards of directors with greater latitude to approve certain securities transactions under the the Securities Exchange Act’s Section 16(b) short-swing profits rule, say John Stigi and John Mysliwiec at Sheppard Mullin.

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