In an unpublished memorandum decision, the Ninth Circuit in R.R. v. California Physicians’ Service d/b/a Blue Shield of California, affirmed the insurer and administrator’s denial of benefits for a dependent’s residential...more
In a decision that is quickly gaining attention, the Federal Circuit held that the district court abused its discretion by excluding both of Plaintiff’s experts and subsequently granting Defendants’ judgment as a matter of...more
Rombach v. Plumbers Local Union No. 27 Pension Fund, No. 24-2482, 2025 WL 3110791 (3d Cir. Nov. 6, 2025) (The U.S. Court of Appeals for the Third Circuit reversed the suspension of early-retirement benefits, holding that...more
There is truth to the proverb that “a closed mouth catches no flies.” In Randolph v. Trustees of the California State University, 3rd App. Dist. C102901 (Jan. 15, 2026), the defendants sat silent when the trial court set a...more
Under the Michigan Court Rules, a party who has failed to timely file a claim of appeal (or application for leave to appeal if the judgment or order was not appealable as of right) has the option of filing a late appeal....more
The Federal Circuit reversed the district court’s admission of D R Burton Healthcare’s expert testimony due to untimely disclosure and unreliability under the Federal Rules of Evidence 702. The Federal Circuit also reversed...more
The US Court of Appeals for the Federal Circuit affirmed in part and dismissed in part an appeal of an International Trade Commission decision....more
The U.S. Court of Appeals for the Federal Circuit had another busy docket in 2025. Here, we cover five key decisions that will shape the practice of intellectual property law going forward. ...more
In most cases, denials of ERISA plan benefits by administrators who have been granted discretionary authority to interpret and apply the plan are reviewed under an abuse of discretion standard, and may only be reversed if the...more
The US Court of Appeals for the Federal Circuit issued a mixed ruling in a dispute over patents covering child car seat technology, explaining that infringement under the doctrine of equivalents requires an equivalent for...more
Recently, a Texas appellate court conditionally granted an insurer’s writ of mandamus, finding that the trial court abused its discretion by striking the insurer’s plea in intervention and denying the independent adjusting...more
In a published opinion filed December 19, 2025, the First District Court of Appeal (Div. 5) affirmed the trial court’s post-judgment order denying plaintiffs’ Make UC A Good Neighbor and The People’s Park Historic Advocacy...more
The First District Court of Appeal held that the City of Santa Rosa did not abuse its discretion under the Surplus Land Act when it declared a city-owned downtown parking garage to be surplus land, even though the property...more
Trial lawyers often talk about preservation as if it were the entire universe of appellate risk. Preservation is essential, of course, but it is only the floor. In practice, many technically preserved issues still fail on...more
On Monday, the U.S. District Court for the District of Massachusetts struck down the freeze on federal permits for wind energy projects — a central component of the Wind Presidential Memorandum (the Wind Order) issued on the...more
As a general rule, the scope of appellate review is limited to issues that were raised by the parties and ruled on by the trial court. As a result, appellate courts often refuse to rule on issues that are raised for the first...more
Harmless error is one of the most frequently invoked doctrines in appellate law—and one of the least scrutinized. It was designed as a tool of restraint, preventing new trials for inconsequential mistakes....more
The number of private prosecutions in the UK has skyrocketed in the past decade, increasing the risk of costly legal proceedings for companies and individuals alike. A new High Court judgment may put a dampener on things. ...more
Trial judges often invoke a familiar line when pressed for the reasoning behind a close call: “That’s within my discretion.” In theory, judicial discretion is a narrow tool for resolving issues where reasonable minds can...more
The Alabama Supreme Court issued its weekly release list on Friday, November 7, which included one opinion of interest to the Alabama business community...more
Sometimes you fall headlong into a chorus you thought you knew by heart—only to discover the bridge is where all the action is. For appellate practitioners, that action seems to be happening more and more in orders issued by...more
The Supreme Court of Pennsylvania’s recent decision in Tranter v. Z&D Tour Inc. is likely to ease the burden on defendants seeking dismissal based on forum non conveniens. The Tranter decision is a significant win for...more
Our Case of the Week concerns shenanigans at trial. Ultimately the Federal Circuit remanded for a new trial, finding Phillips’s “mischief” tainted the jury verdict because it was unclear whether the jury’s general verdict of...more
In a Director Review, the Acting Director reversed a panel decision to discretionarily deny an IPR under § 325(d). The Acting Director held that the PTAB’s own findings in two previous IPRs sufficiently proved Examiner error...more
The Ninth Circuit recently held that the Defend Trade Secrets Act (“DTSA”) does not require plaintiffs to identify their allegedly misappropriate trade secrets with reasonable particularity at the outset of discovery—much...more