Appellate
79 articles in this practice area
Fourth Circuit Affirms 'Buyer's Remorse' Settlement Agreement Bars IP Claims
The Fourth Circuit on Tuesday affirmed a South Carolina federal magistrate judge's ruling that an interactive technology company's trademark infringement claims were barred by a...
Supreme Court Slams Colorado 'Conversion Therapy' Ban As 'Egregious' Viewpoint Discrimination
The Supreme Court on Tuesday ruled 8-1 that Colorado's law banning conversion therapy for minors violates the First Amendment when applied to talk therapy, with Justice Gorsuch...
D.C. Circuit Nixes Labor Secretary's Appeal of Mine Safety 'Settlement Denials'
A D.C. Circuit panel on Monday dismissed Labor Secretary appeals challenging mine safety commission orders that denied settlement requests without explanation, finding that the...
D.C. Circuit Grants Stay, Blocks Order Forcing Employees Back From 'Administrative Leave'
A federal appeals court on Tuesday granted a stay blocking lower court orders that would have forced federal employees back to work from administrative leave, finding the govern...
Ninth Circuit Axes Career Offender Enhancement Over 'Indivisible' Nevada Statute
The Ninth Circuit on Tuesday reversed a federal judge's dismissal of Francis Casildo's sentence vacation motion, holding his prior Nevada drug conviction couldn't support career...
Eighth Circuit Affirms Injunction Against Arkansas 'Wet Signature' Voting Rule
The Eighth Circuit on Monday affirmed a district court's preliminary injunction blocking Arkansas from enforcing an election rule requiring handwritten "wet" signatures on voter...
Seventh Circuit Nixes Death Row Inmate's 'Brain Scan' Transport Order
A Seventh Circuit panel on Tuesday reversed a district court's order granting a death row inmate transportation for brain scans, ruling the testing lacked sufficient nexus to hi...
Fifth Circuit Nixes Victims' 'Mandamus' Challenge To Boeing NPA
The Fifth Circuit on Monday rejected families of Boeing 737 MAX crash victims' request to set aside a $1.1 billion non-prosecution agreement with the planemaker, finding the Dep...
Fourth Circuit Nixes 'Material Discrepancy' In Supervised Release Terms, Orders Resentencing
A Fourth Circuit panel on Tuesday vacated a North Carolina woman's drug sentence after finding a 'material discrepancy' between the written judgment's supervised release conditi...
Fourth Circuit Slams West Virginia 'Attempt' To Reshape Federal Drug Bargain
A federal appeals court on Tuesday upheld a preliminary injunction blocking West Virginia's law requiring 340B program manufacturers to deliver drugs to unlimited contract pharm...
Fourth Circuit Nixes West Virginia Law Targeting 340B Drug 'Bargain'
A Fourth Circuit panel Tuesday affirmed a preliminary injunction blocking West Virginia's attempt to force drugmakers participating in the federal 340B program to deliver medica...
Federal Circuit Nixes Veteran's 'Total' SMC Claim Over Multiple Disabilities
The Federal Circuit on Monday affirmed denial of special monthly compensation to a veteran with a total disability rating based on multiple impairments, holding that the phrase...
Appeals Court Revives Sex Trafficking Victims' Claims Against Hotel Operators 'Participation in a Venture'
The Eleventh Circuit revived TVPRA beneficiary claims by three sex trafficking victims against hotel operators Tuesday, ruling the victims had produced sufficient evidence that...
Tenth Circuit Revives Excessive-Force Suit Against Officer Who Shot Unarmed Black Man
The Tenth Circuit on Tuesday reversed summary judgment for a Tulsa police officer who shot and killed an unarmed Black man with raised hands, ruling the officer violated 'clearl...
Seventh Circuit Axes Immigration Waiver Review, Slams 'AI Hallucination' Briefs
A Seventh Circuit panel on Monday blocked judicial review of immigration waiver denials and admonished a lawyer for including nonexistent case citations that appeared AI-generat...
Fourth Circuit Nixes Habeas Relief Over Juror's 'Fear' Comments
A Fourth Circuit panel affirmed Sunday a West Virginia federal judge's denial of habeas relief to a sex abuse convict who claimed a juror's statements about knowing his family a...
Second Circuit Recalls Mandate, Affirms $655.5M Terror Verdict Against PLO After Supreme Court 'Fifth Amendment' Ruling
The Second Circuit on Wednesday granted a motion to recall its 2016 mandate that had vacated a $655.5 million terror verdict against the Palestine Liberation Organization, findi...
First Circuit Affirms Gun Trafficking Sentence Despite 'Close' Call
The First Circuit on Monday affirmed a 57-month prison sentence for a gun trafficking defendant, ruling that a federal judge properly relied on a co-conspirator's statement desp...
D.C. Circuit Slams EPA For 'Streamlined' ESA Program That 'Entirely Fails' To Protect Species
A D.C. Circuit panel on Monday struck down an EPA-approved Florida wetlands permitting program, ruling that federal agencies violated the Endangered Species Act by creating a 's...
Ninth Circuit Slams 'Gradual Accumulation' Challenge To Prison Trust Fund Seizures
A Ninth Circuit panel on Tuesday affirmed a district court's authority to seize accumulated family deposits from an inmate's trust account for unpaid restitution, holding that t...