Appellate

  • July 08, 2024

    Baseless Lawsuit Rule A 'Catch-22' For Texans, 5th Circ. Told

    Those that are labeled vexatious litigants under a Texas statute meant to restrict baseless lawsuits are stuck in a "catch-22" if they seek to file legitimate litigation, a group of Texans told the Fifth Circuit on Monday.

  • July 08, 2024

    Clinic Is Liable For Botched Operations, NC Justices Told

    A patient claiming she underwent unnecessary and flawed spinal surgery at the hands of a defrocked doctor urged the North Carolina Supreme Court on Friday to let stand a ruling that the practice where he worked and its physicians can be held liable for her treatment.

  • July 08, 2024

    Senate Confirms 7th Circ. Judge GOP Slammed For Backlog

    The Senate voted 47-43 on Monday evening to confirm U.S. District Judge Nancy L. Maldonado to the Seventh Circuit.

  • July 08, 2024

    Federal Circuit Doubts Impropriety Of $4K H-1B Fraud Fee

    A Federal Circuit panel seemed unpersuaded Monday by an argument from software companies that a $4,000 fraud fee for H-1B visa petitions does not apply to noncitizens in the U.S. seeking to change their nonimmigrant visa status to H-1B.

  • July 08, 2024

    Texas Anesthesia Co. Can't Pause Or Appeal Suit, FTC Says

    The Federal Trade Commission urged a Texas federal court not to pause its suit accusing U.S. Anesthesia Partners Inc. of a monopolistic "roll-up" of Lone Star State anesthesia practices, arguing the company can't appeal an order refusing to toss the case against it.

  • July 08, 2024

    Justices Told To Ignore 'Hopeless' Challenge To Antitrust Test

    A group of wholesalers who say the makers of 5-Hour Energy illegally favored Costco in distributing the energy drink shots told the U.S. Supreme Court on Monday to reject the drink-maker's certiorari petition, saying it asks the justices to take on the role of fact-finders.

  • July 08, 2024

    8th Circ. Won't Review Immigration Hardship Determination

    A split Eighth Circuit panel held Monday that it can't review whether a Mexican man's U.S. citizen children will experience extreme hardship if he's removed, saying the underlying decision denying him removal relief is discretionary and therefore shielded from judicial review.

  • July 08, 2024

    9th Circ. Denies Northrop Retirees' Bid For New Judge

    A Ninth Circuit panel on Monday shot down Northrop Grumman pensioners' bid to have their proposed ERISA class action tried before another judge, after two different appellate court panels overturned a lower court judge's two previous dismissals in the matter.

  • July 08, 2024

    11th Circ. Revives Fla. Worker's Retaliation Claim

    The Eleventh Circuit partially revived a retaliation suit brought by a Florida construction worker who claims he was harassed for being Cuban and unable to speak English and threatened and assaulted after reporting the behavior, before being fired by a company that said it found him sleeping on the job.

  • July 08, 2024

    9th Circ. Revives Liability Claims In Welder's Injury Suit

    The Ninth Circuit has mostly reversed a summary judgment order that freed a hoist maker and maintenance company from product liability and negligence claims by a welder who was injured when the hoist came loose and struck him in the head.

  • July 08, 2024

    DraftKings Hiding Ball On Noncompete Law, 1st Circ. Told

    A former DraftKings executive fighting a noncompete so he can work for rival sports-betting upstart Fanatics has told the First Circuit his ex-employer is overlooking the importance of a California law that could unwind the restrictive covenant.

  • July 08, 2024

    Mich. Justices Back Funeral Costs Imposed Years After Murder

    The Michigan Supreme Court said Monday that it is not unconstitutional to apply current restitution laws to old crimes, finding that restitution awards do not run afoul of constitutional prohibitions on retroactively making the consequences of a crime harsher.

  • July 08, 2024

    Trump Allies Push For Fani Willis DQ In Election Case

    A pro-Donald Trump think tank has thrown its support behind the former president's bid at the Georgia Court of Appeals to have a trial court's decision reversed and Fulton County District Attorney Fani Willis disqualified from prosecuting Trump and 18 co-defendants over interference in the 2020 election.

  • July 08, 2024

    DC Circ. Supports NLRB Order Against Puerto Rico Hospital

    The National Labor Relations Board rightly found that a hospital in Puerto Rico violated federal labor law by unilaterally slashing workers' hours, the D.C. Circuit ruled, saying the hospital can't excuse its actions with claims about financial effects from the pandemic.

  • July 08, 2024

    Rite Aid Says Elixir Buyer In Contempt Over Liability Dispute

    Bankrupt pharmacy chain Rite Aid has asked a New Jersey bankruptcy judge to find the purchaser of its prescription benefits subsidiary in contempt, saying the buyer is defying his orders by refusing to assume $200 million of the subsidiary's liabilities.

  • July 08, 2024

    UnitedHealth's Cross-Plan Offsetting Affirmed By 8th Circ.

    The Eighth Circuit affirmed Monday a Minnesota federal judge's decision to toss a suit from patients insured by UnitedHealth Group alleging a billing practice known as cross-plan offsetting violated federal benefits law, finding the lower court properly concluded the patients hadn't sufficiently established injury.

  • July 08, 2024

    House Hearing Postponed For Trump's NY Prosecutors

    The House Judiciary Committee's hearing with Manhattan District Attorney Alvin Bragg and top prosecutor Matthew Colangelo on former President Donald Trump's conviction on 34 felony counts has been postponed.

  • July 08, 2024

    1st Circ. Nominee Cut Teeth As 'Victim-Centered' Prosecutor

    Maine Superior Court Justice and First Circuit nominee Julia Lipez spent most of her legal career prosecuting federal human trafficking cases, an experience former colleagues say demonstrates her sense of fairness and a sharp focus on the well-being of victims.

  • July 08, 2024

    The Biggest Patent Rulings Of 2024: A Midyear Report

    The Federal Circuit issued its first en banc patent decision since 2018, a circuit judge's suspension was solidified and courts shed further light on foreign damages and skinny labels. Here's a look back at these rulings and other top patent decisions from the first half of 2024.

  • July 08, 2024

    US Supreme Court Term In Review: What You Need To Know

    Judicial deference, agency courts, presidential immunity, abortion and social media moderation were just some of the issues the U.S. Supreme Court considered in its latest term.

  • July 08, 2024

    Biden Says Reelection Crucial To Supreme Court Reform

    President Joe Biden told congressional Democrats his reelection is crucial to bringing about "real" reforms to the U.S. Supreme Court in a letter Monday rejecting calls for him to back out of the presidential race.

  • July 05, 2024

    Antitrust Partner In Fatal Crash Remembered As A Mentor

    Present and past colleagues this week remembered Molly Donovan, a partner at antitrust boutique Bona Law PC who died in a tragic accident earlier this month, as a powerhouse with an intricate understanding of antitrust matters who always maintained a positive outlook no matter what the status of a case.

  • July 05, 2024

    Judge Says Michigan Not Immune From Enbridge's Line 5 Suit

    A federal judge ruled on Friday that Michigan state officials can't quash a lawsuit from Enbridge Energy LP aimed at ending their efforts to shut down a U.S.-Canada pipeline that traverses the Great Lakes State.

  • July 05, 2024

    9th Circ. Backs Remand Of Cedars-Sinai Patient Data Suits

    The Ninth Circuit held Friday that a trio of proposed class actions accusing Cedars-Sinai of improperly sharing patients' personal information with tech companies indeed belong in California state court, agreeing with a lower court that the health provider wasn't acting at the direction of the federal government.

  • July 05, 2024

    Don't Defer To ITC On Domestic Industry, Fed. Circ. Told

    The U.S. Supreme Court's elimination of Chevron deference confirms that courts need not defer to the U.S. International Trade Commission's interpretation of the domestic industry requirement for patent cases, eyelash extension company Lashify has told the Federal Circuit.

Expert Analysis

  • Lean Into The 'Great Restoration' To Retain Legal Talent

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    As the “great resignation,” in which employees voluntarily left their jobs in droves, has largely dissipated, legal employers should now work toward the idea of a “great restoration,” adopting strategies to effectively hire, onboard and retain top legal talent, says Molly McGrath at Hiring & Empowering Solutions.

  • 9th Circ. Ruling Shows Lies Must Go To Nature Of Bargain

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    The Ninth Circuit’s recent U.S. v. Milheiser decision, vacating six mail fraud convictions, clarifies that the key question in federal fraud cases is not whether lies were told, but what they were told about — thus requiring defense counsel to rethink their strategies, say Charles Kreindler and Krista Landis at Sheppard Mullin.

  • What High Court Ruling Means For Sexual Harassment Claims

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    In its recent Smith v. Spizzirri decision, the U.S. Supreme Court held that a district court compelling a case to arbitration is obligated to stay the case rather than dismissing it, but this requirement may result in sexual harassment cases not being heard by appellate courts, says Abe Melamed at Signature Resolution.

  • Trademark In Artistic Works 1 Year After Jack Daniel's

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    In the year since the U.S. Supreme Court's Jack Daniel's v. VIP Products ruling, courts have applied Jack Daniel's inconsistently to deny First Amendment protection to artistic works, providing guidance for dismissing trademark claims relating to film and TV titles, say Hardy Ehlers and Neema Sahni at Covington.

  • 9th Circ. Ruling Broadens Sweep Of Securities 'Solicitation'

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    The Ninth Circuit's recent revival of a putative securities fraud class action against Genius Brands for hiring a stock promoter to write favorable articles about it shows that companies should view "solicitation" broadly in considering whether they may have paid someone to urge an investor to purchase a security, say attorneys at Simpson Thacher.

  • Why Jurors Balk At 'I Don't Recall' — And How To Respond

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    Jurors often react negatively to a witness who responds “I don’t remember” because they tend to hold erroneous beliefs about the nature of human memory, but attorneys can adopt a few strategies to mitigate the impact of these biases, say Steve Wood and Ava Hernández at Courtroom Sciences.

  • Series

    Fishing Makes Me A Better Lawyer

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    Atop the list of ways fishing makes me a better lawyer is the relief it offers from the chronic stress of a demanding caseload, but it has also improved my listening skills and patience, and has served as an exceptional setting for building earnest relationships, says Steven DeGeorge​​​​​​​ at Robinson Bradshaw.

  • 5th Circ. Venue-Transfer Cases Highlight Mandamus Limits

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    Three ongoing cases filed within the Fifth Circuit highlight an odd procedural wrinkle that may let district courts defy an appellate writ: orders granting transfer to out-of-circuit districts, but parties opposing intercircuit transfer can work around this hurdle to effective appellate review, says Charles Fowler at McKool Smith.

  • A Healthier Legal Industry Starts With Emotional Intelligence

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    The legal profession has long been plagued by high rates of mental health issues, in part due to attorneys’ early training and broader societal stereotypes — but developing one’s emotional intelligence is one way to foster positive change, collectively and individually, says attorney Esperanza Franco.

  • PTAB Rulings Shed Light On Quantum Computing Patents

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    Recent Patent Trial and Appeal Board decisions on enablement rejections against quantum computing patent claims provide patent practitioners with valuable guidance on best practices for avoiding and overcoming enablement, say Fred Qiu and Alex Nie at Sheppard Mullin.

  • To Make Your Legal Writing Clear, Emulate A Master Chef

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    To deliver clear and effective written advocacy, lawyers should follow the model of a fine dining chef — seasoning a foundation of pure facts with punchy descriptors, spicing it up with analogies, refining the recipe and trimming the fat — thus catering to a sophisticated audience of decision-makers, says Reuben Guttman at Guttman Buschner.

  • Circuit Judge Writes An Opinion, AI Helps: What Now?

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    Last week's Eleventh Circuit opinion in Snell v. United Specialty Insurance, notable for a concurrence outlining the use of artificial intelligence to evaluate a term's common meaning, is hopefully the first step toward developing a coherent basis for the judiciary's generative AI use, says David Zaslowsky at Baker McKenzie.

  • Fed. Circ. Rulings Crystallize Polymorph Patent 'Obviousness'

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    A comparison of two recent Federal Circuit obviousness challenge decisions regarding polymorph patents provides helpful insight into the assessment of screening arguments, particularly the issue of reasonable expectation of success, say Michael Green and John Molenda at Steptoe.

  • DC Circ. Ruling Heightens HHS Contract Pharmacy Challenges

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    The D.C. Circuit's recent ruling that the Section 340B program does not bar manufacturers from restricting deliveries of discounted drugs to contract pharmacies represents a second strike against the U.S. Department of Health and Human Services' current contract pharmacy policy and raises the stakes surrounding an upcoming Seventh Circuit ruling on the same issue, say attorneys at Foley Hoag.

  • Series

    In The CFPB Playbook: Regulatory Aims Get High Court Assist

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    Newly emboldened after the U.S. Supreme Court last month found that the Consumer Financial Protection Bureau's funding is constitutional, the bureau has likely experienced a psychic boost, allowing its already robust enforcement agenda to continue expanding, say attorneys at Husch Blackwell.

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