Appellate

  • April 19, 2024

    Del. Justices Revive Margolis Edelstein Malpractice Suit

    Delaware's Supreme Court has reversed a lower-court decision that let Margolis Edelstein off the hook on claims that its incompetence caused GMG Insurance Agency to have to settle a case for $1.2 million, saying more consideration is needed to determine whether the firm was negligent.

  • April 19, 2024

    Lawyer Too Late To Collect Fees From Aretha Franklin Estate

    Michigan appellate judges have upheld the denial of a bid for attorney fees for a lawyer who complained he was not properly paid for work he did for Aretha Franklin, with judges determining the claims were time-barred.

  • April 19, 2024

    Climate Lawsuits Aren't The SEC's Only Legal Headache

    The U.S. Securities and Exchange Commission has been grabbing headlines over the past couple of months as it attempts to fend off a host of lawsuits challenging recently enacted climate disclosure rules, but the agency has been no stranger to litigation brought by business groups opposing everything from new stock buyback disclosures to the agency's growing private fund oversight to its hands-off approach to crypto rule writing. 

  • April 19, 2024

    Paxton Can't Duck Ethics Suit Over 2020 Election Challenge

    Texas Attorney General Ken Paxton must face the State Bar of Texas' ethics lawsuit over his attempts to reverse the results of the 2020 presidential election since the suit is against Paxton in his personal capacity and does not violate the separation of powers, a Texas appellate court has ruled.

  • April 19, 2024

    Law Firm Warns Mich. Justices Of Malpractice Fee Deluge

    A Michigan law firm has urged the state's Supreme Court not to lower the bar for seeking attorney fees as legal malpractice damages, saying doing so would invite clients to find reasons to sue their lawyers to recover fees even when they won the underlying case. 

  • April 19, 2024

    The Week In Trump: NY Trial And A High Court Date Loom

    Despite a few snags, jury selection for Donald Trump's hush money trial in Manhattan unfolded relatively quickly, clearing the way for opening statements Monday in the historic case as the former president prepped for a U.S. Supreme Court debate over his supposed immunity.

  • April 19, 2024

    NYT Inks Revised $2.4M Deal In Auto-Renewal Case

    A class of New York Times readers who sued over the newspaper's automatic subscription renewal charges has asked a Manhattan federal court for initial approval of a roughly $2.4 million settlement, after the Second Circuit shot down an earlier agreement due to concerns about attorney fees.

  • April 18, 2024

    Ex-BigLaw Atty Can Stay Free During OneCoin Fraud Appeal

    A Manhattan federal judge Thursday granted a former Locke Lord LLP partner's motion for bail pending appeal of his 10-year prison sentence after he was found guilty of laundering around $400 million in proceeds from the global OneCoin cryptocurrency scam, saying he does not pose a flight risk given his medical conditions.

  • April 18, 2024

    Conoco Tells 3rd Circ. It Can Target Citgo For $8.5B Award

    ConocoPhillips urged the Third Circuit to nix Venezuela's challenge to a ruling paving the way for the oil company's participation in an auction for control of the U.S. oil giant Citgo to enforce an $8.5 million debt, arguing that the country can't prove that it's been acting in bad faith.

  • April 18, 2024

    BofA Keeps Win Against Movie Website's TM Suit At 10th Circ.

    The Tenth Circuit on Thursday affirmed a lower court's ruling that Bank of America's virtual assistant "Erica" did not infringe on the trademark of an online movie database, saying the plaintiff failed to establish that the service mark "E.R.I.C.A" was directly associated with the search services offered on the website.

  • April 18, 2024

    NY Fertility Clinic Must Face Lost, Damaged Embryos Suit

    A New York appellate panel issued a published opinion Thursday reviving a suit over the loss or damage of embryos due to a fertility clinic's alleged negligence, saying the routine storage and maintenance of frozen embryos can be considered ordinary negligence rather than medical malpractice.

  • April 18, 2024

    Lebanese Bank To Face Victims' Hezbollah Terrorism Suit

    New York's highest court ruled Thursday that an entity that acquires another entity's liabilities and assets inherits its status for purposes of personal jurisdiction even if there is no merger, greenlighting litigation targeting a Lebanese bank over its predecessor's alleged assistance to Hezbollah.

  • April 18, 2024

    Mich. High Court Takes Up Insurer Garnishment Dispute

    The Michigan Supreme Court agreed Thursday to consider whether an insurer's supposed bad faith refusal to settle a claim can be litigated in a garnishment action in The Burlington Insurance Co.'s appeal of an injured worker's attempt to collect the unsatisfied portion of a $13.7 million judgment.

  • April 18, 2024

    Colo. Panel Says UIM Insurers Didn't Meet State Requirements

    USAA and State Farm didn't meet statutory requirements before asserting that a mutual insured didn't comply with their claim inquiring following a motor vehicle incident, a Colorado state appeals court ruled Thursday, adding USAA was required to conduct a claim investigation independent of State Farm's.

  • April 18, 2024

    Fed. Circ. Maintains Newman Can't Invalidate Disability Law

    Suspended U.S. Circuit Judge Pauline Newman has still not proven that the Judicial Conduct and Disability Act has no constitutional uses and should therefore be invalidated, the Federal Circuit's judicial council told a D.C. federal judge Thursday.

  • April 18, 2024

    $100M Arbitration Award Restored In Colo. Dispensary Fight

    A Colorado appellate panel on Thursday largely reinstated a roughly $100 million arbitration award in a dispute between former business partners in the cannabis dispensary chain Native Roots, finding no basis to conclude the arbitrator was biased.

  • April 18, 2024

    4th Circ. Vacates Enviro Win In Mining Co. Permit Ruling

    The special receiver for a defunct mining company can transfer mining permits for a site formerly owned by Patriot Coal Corp., the Fourth Circuit ruled, finding that a West Virginia federal judge interpreted a consent decree providing for mine shutdown and cleanup too broadly.

  • April 18, 2024

    Ga. Cargo Co. Says Marks Are Generic In $15M IP Dispute

    A Georgia-based cargo company urged the Eleventh Circuit on Thursday to reverse a $15 million judgment awarded to a competitor over trademark violations, saying the intellectual property that it's accused of using is generic.

  • April 18, 2024

    6th Circ. Axes Ex-Perrigo Worker's Drug Test Firing Suit

    The Sixth Circuit refused to reinstate a bias suit from a worker who said drugmaker L. Perrigo Co. unlawfully fired him after lip balm caused him to test positive for marijuana, saying he didn't show that age or disability discrimination motivated the decision to let him go.

  • April 18, 2024

    3rd Circ. Unclear If 'Session Replay' Web Code Directed At Pa.

    A Third Circuit panel seemed torn Thursday over whether websites like those of Papa John's or Mattress Firm "directed conduct" at Pennsylvania when they ran "session replay" software to track users' visits and whether that gave courts in the Keystone State jurisdiction over users' claims that such tracking violated laws against wiretapping.

  • April 18, 2024

    Mich. Supreme Court To Hear Jet's Pizza Settlement Appeal

    A woman arguing that her settlement with a Jet's Pizza delivery driver should not have snuffed out her vicarious-liability claim against the driver's employer will get a hearing before Michigan's highest court.

  • April 18, 2024

    Sugar Co. Urges 11th Circ. To Revive Helms-Burton Suit

    North American Sugar Industries Inc. asked the Eleventh Circuit Thursday to revive its suit accusing several companies that shipped wind turbines to Cuba of violating the Helms-Burton Act, saying the trial court erred in tossing its claims for lack of jurisdiction.

  • April 18, 2024

    Bank Regulators Appeal Texas Judge's Halt Of New CRA Rules

    Federal regulators said Thursday that they are appealing a Texas federal judge's decision to block their rollout of new community lending rules amid a legal challenge from the banking industry.

  • April 18, 2024

    Red States Back Call To Overturn Nasdaq Diversity Rule

    Utah and 23 other Republican-led states have filed an amicus brief asking the full Fifth Circuit to vacate a Nasdaq board diversity rule and declare it unconstitutional, saying the U.S. Securities and Exchange Commission, which approved the rule, is "affirmatively perpetuating" race-based discrimination instead of eliminating it.

  • April 18, 2024

    Ga. Election Spending Case Belonged In State Court, AG Says

    Attorneys representing the Georgia Attorney General's Office and a state campaign finance commission urged the Eleventh Circuit on Thursday to overturn a ruling preventing their investigation of election spending by a pair of nonprofits founded by Stacey Abrams, citing the so-called Younger abstention doctrine.

Expert Analysis

  • This Earth Day, Consider How Your Firm Can Go Greener

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    As Earth Day approaches, law firms and attorneys should consider adopting more sustainable practices to reduce their carbon footprint — from minimizing single-use plastics to purchasing carbon offsets for air travel — which ultimately can also reduce costs for clients, say M’Lynn Phillips and Lisa Walters at IMS Legal Strategies.

  • Questions Persist After Ruling Skirts $925M TCPA Award Issue

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    After an Oregon federal court's recent Wakefield v. ViSalus ruling that the doctrine of constitutional avoidance precluded it from deciding whether a $925 million Telephone Consumer Protection Act damages award was constitutionally sound, further guidance is needed on when statutory damages violate due process, says Michael Klotz at O'Melveny.

  • Discord Stock Case Toss Means Little For Fraud Defendants

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    A Texas federal court’s recent dismissal of fraud charges related to a "pump and dump" scheme on Discord is an outlier after the U.S. Supreme Court scrapped the right-to-control theory of fraud last year, and ultimately won't deter the government from pursuing routine securities prosecutions, says William Johnston at Bird Marella.

  • Clarifying Legal Elements To Support A Genocide Claim At ICJ

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    Reporting on South Africa’s dispute against Israel in the International Court of Justice largely fails to clearly articulate what a case for genocide alleged in the context of war requires — a technical analysis that will evaluate several key factors, from the scale of the devastation to statements by officials, say Solomon Shinerock and Alex Bedrosyan at Lewis Baach.

  • Policy Misrepresentations Carry Insurance Rescission Risks

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    The Second Circuit's recent decision in Medical Mutual v. Gnik, finding that material misrepresentation in a clinic's insurance applications warranted policy rescission, is a clear example of the far-reaching effects that misrepresentations can have and provides a reminder that policyholders should employ relatively straightforward steps to decrease risks, say attorneys at Hunton.

  • Back Labels In False Ad Cases Get Some Clarity In 9th Circ.

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    Courts in the Ninth Circuit have recently delivered a series of wins to advertisers, making clear that any ambiguity on the front of a product's package can be resolved by reference to the back label — which guarantees defendants a powerful tool to combat deceptive labeling claims, say attorneys at Patterson Belknap.

  • What Bankruptcy Deadline Appeal May Mean For Claimants

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    If the Third Circuit reverses a recent appeal made in In re: Promise Healthcare, litigation claimants within the circuit will not be able to rely on the proof of claim process to preserve the claim — but if the court affirms, the U.S. Supreme Court may need to step in to resolve the circuit split on this issue, say attorneys at DLA Piper.

  • Why Fed. Circ. Should Resolve District Split On Patent Statute

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    A split exists among district courts in their analysis of when marking cannot be done on a patented article due to its character, and the Federal Circuit should consider clarifying the analysis of Section 287(a), a consequential statute with important implications for patent damages, say Nicholas Nowak and Jamie Dohopolski at Sterne Kessler.

  • Employers Beware Of NLRB Changes On Bad Faith Bargaining

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    Recent National Labor Relations Board decisions show a trend of the agency imposing harsher remedies on employers for bad faith bargaining over union contracts, a position upheld in the Ninth Circuit's recent NLRB v. Grill Concepts Services decision, says Daniel Johns at Cozen O'Connor.

  • Practicing Law With Parkinson's Disease

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    This Parkinson’s Awareness Month, Adam Siegler at Greenberg Traurig discusses his experience working as a lawyer with Parkinson’s disease, sharing both lessons on how to cope with a diagnosis and advice for supporting colleagues who live with the disease.

  • When Trade Secret Protection And Nat'l Security Converge

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    The Trump administration's anti-espionage program focused on China is over, but federal enforcement efforts to protect trade secrets and U.S. national security continue, and companies doing business in high-risk jurisdictions need to maintain their compliance programs to avoid the risk of being caught in the crosshairs of an investigation, say attorneys at Baker McKenzie.

  • Why Incorporating By Reference Is Rarely Good Practice

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    The Federal Circuit’s recent ruling in Promptu Systems v. Comcast serves as a reminder that while incorporating by reference may seem efficient, it is generally prohibited by courts and can lead to sanctions when used to bypass a word count limit, says Cullen Seltzer at Sands Anderson.

  • Strategies For Defense Attys To Subpoena A Nonparty Witness

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    Federal criminal defendants seeking to subpoena potentially exculpatory information from nonparty witnesses must satisfy a stringent standard and should consider several often overlooked arguments to assure courts they’re not engaging in a fishing expedition, says James Roberts at Schlam Stone.

  • Series

    Playing Hockey Makes Me A Better Lawyer

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    Nearly a lifetime of playing hockey taught me the importance of avoiding burnout in all aspects of life, and the game ultimately ended up providing me with the balance I needed to maintain success in my legal career, says John Riccione at Taft.

  • ESG Challenges In Focus After Sierra Club Opposes SEC Rule

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    The Sierra Club's recent objection to the U.S. Securities and Exchange Commission's climate-related disclosures for investors presents an unusual — pro-disclosure — legal challenge and an opportunity to take a close look at the varying critiques of ESG regulations, say Colin Pohlman, and Jane Luxton and Paul Kisslinger at Lewis Brisbois.

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