News & Analysis as of

Appellate Courts

Oliva Gibbs

You can’t just bury your problems (or pipelines): The Byrne Oil decision

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In Bryne Oil Co. v. Walraven, the Eastland Court of Appeals (the “Court”) considered whether a lessor may bury a lessee’s pipelines after the lessee delays doing so and then seek reimbursement for the cost of burial....more

Irwin IP LLP

Lawsuit on Expired Patents Trapped by 8-Million-Dollar “Bad Faith” Bond

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Micron Tech., Inc. v. Longhorn IP LLC, 2025 WL 3672528 (Fed Cir. Dec. 18, 2025) - Instead of decking the halls for Christmas, the Federal Circuit decked Longhorn by dismissing its appeal for lack of jurisdiction.  Idaho,...more

Fenwick & West LLP

Ink-Signed & Sealed: Ninth Circuit Affirms Kat Von D in Copyright Case; Provides Latest Guidance on Intrinsic Test

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The U.S. Court of Appeals for the Ninth Circuit affirmed the jury’s verdict in Sedlik v. Von Drachenberg, et al. in a January 2, 2026, precedential opinion, finding that the allegedly infringing works were fair use. ...more

Womble Bond Dickinson

Ninth Circuit confirms all members of a certified damages class must establish standing to survive summary judgment in Healy v....

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The Ninth Circuit recently answered an important open question in the class action context that may provide defendants an additional exit ramp, specifically, whether “following class certification, both named and unnamed...more

Epstein Becker & Green

Divided Court Clarifies Limits on Federal Habeas Appeals - SCOTUS Today

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Contrary to the presupposition of many, the U.S. Supreme Court did not render a decision on Friday resolving the question of the president’s authority to impose tariffs through executive orders and related questions...more

Constangy, Brooks, Smith & Prophete, LLP

NFL throws Hail Mary to Supreme Court on Commissioner arbitral authority

When is arbitration not “arbitration” under the FAA? In August 2025, a federal appeals court ruled that race discrimination claims brought by Brian Flores, former head coach of the Miami Dolphins, should not be...more

Bennett Jones LLP

ONCA Affirms Denial of Claim for Earn-Out Acceleration

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The Ontario Court of Appeal recently dismissed an appeal in Project Freeway Inc. v. ABC Technologies Inc., 2025 ONCA 855, affirming a prior decision of the Ontario Superior Court of Justice that an earn-out acceleration...more

Miller Starr Regalia

Third District Affirms Judgment Denying Validation of DWR Bonds to Finance Amorphously Defined “Delta Program” Conveyance...

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In a mostly published 43-page opinion filed December 31, 2025, the Third District Court of Appeal affirmed the trial court’s judgment in consolidated actions consisting of the Department of Water Resources’ (“DWR”) in rem...more

Robinson & Cole LLP

A Tale of Two Timelines – Eleventh Circuit Rejects Claimant’s Attempt to Rewrite Occurrence Notice Condition

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Occurrence-based liability policies often include a condition that requires the insured, or someone on their behalf, to provide a carrier prompt notice of the occurrence. Delays in reporting a claim can potentially provide a...more

Moore & Van Allen PLLC

Transportation at SCOTUS: Arguments on NJ Transit Immunity from Lawsuits in NY and PA Will be Heard by the U.S. Supreme Court...

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The U.S. Supreme Court kicks off the latest session with transportation issues early up on the calendar. On January 14, 2026, the High Court will hear oral arguments on whether New Jersey Transit Corporation (NJ Transit) can...more

Littler

Littler Lightbulb – December 2025 Employment Appellate Roundup

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Fourth Circuit Affirms Summary Judgment for Employer in Failure to Promote Race and Gender Discrimination Case - Hood-Wilson v. Board of Trustees of the Community College of Baltimore County, 162 F.4th 101 (4th Cir. Dec. 12,...more

Cooley LLP

Judge Rules CFPB’s Refusal to Request Funding Violates Preliminary Injunction

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In a case deciding the fate of the Consumer Financial Protection Bureau (CFPB), National Treasury Employees Union, et al. v. Russell Vought, the US District Court for the District of Columbia declared that the CFPB’s refusal...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Lessons From Appellate Practice: The Mixed Blessings of Supplemental Jurisdiction

For plaintiffs and defendants alike, there is a strong temptation to include and keep all claims in one lawsuit. After all, the likely alternative is litigating multiple lawsuits, either at once or serially. Practitioners,...more

Troutman Pepper Locke

CFPB Complies with Court’s Funding Order in NTEU v. Vought

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On January 9, the defendants in National Treasury Employees Union (NTEU) v. Vought filed a notice and exhibit in the U.S. District Court for the District of Columbia confirming that the Acting Director of the Consumer...more

Carlton Fields

Florida Appeals Court Decisions Week of January 5 - 9, 2026

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U.S. Eleventh Circuit Court of Appeals - AB v. Barrow - insurance, notice, 58-month delay - Athos Overseas v. YouTube - copyright infringement, DMCA, safe harbor - USA v. Barry - sentencing, credit card fraud - ...more

Dorsey & Whitney LLP

The Iowa Supreme Court Weighs in on Landlord Access

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The Iowa Supreme Court closed the house down on 2025 with a decision about the relationship between renters and landlords in Butter v. MidWest Property Management, No. 24-1752 (Dec. 31, 2025). ...more

Clark Hill PLC

Michigan Court of Appeals Holds No Definitive Timeline for Fulfilling FOIA Requests

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On Dec. 11, 2025, the Michigan Court of Appeals dismissed a complaint brought by the American Civil Liberties Union (“ACLU”) that challenged the amount of time public bodies have to fulfill records requests under the Michigan...more

Freeman Mathis & Gary

Historic Pittsburgh Post-Gazette closure highlights labor law stakes for employers

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In a development that has reverberated across the Pittsburgh region and beyond, the Pittsburgh Post-Gazette, one of America’s oldest continuously published newspapers, has announced it will cease publication on May 3, 2026,...more

Arnall Golden Gregory LLP

Heightened Standards and Procedural Bars: FCA Litigation Lessons From 2025

Key Takeaways - Federal courts in 2025 raised the bar on who can bring FCA cases and when, strictly enforcing government dismissal authority, the first-to-file rule, and the public disclosure/original source bar — meaning...more

Marshall Dennehey

Top 10 Developments in Delaware Workers’ Compensation in 2025

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1.    Industrial Accident Board grants continuance but suspends temporary total disability benefits pending rescheduled hearing - Fortt v. Delaware Brick Company, IAB No. 1542958 (Dec. 12, 2024) - The claimant was injured in...more

Marshall Dennehey

Top 10 Developments in Florida Workers’ Compensation in 2025

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1. Treatment with an authorized provider tolls the statute of limitations, although treatment occurred without employer/carrier’s knowledge and billed to private health insurance - Ortiz v. Winn-Dixie, Inc., 402 So. 3d 301...more

Saul Ewing LLP

New Jersey Appellate Division Affirms NJDEP's Environmental Justice Rules

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The New Jersey Appellate Division issued a recent opinion upholding the New Jersey Department of Environmental Protection's (NJDEP) adoption of Environmental Justice Rules (EJ Rules) under the state's Environmental Justice...more

Husch Blackwell LLP

Modern Criminal Forfeiture: Constitutional Limits and Practical Realities

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In white-collar criminal cases, forfeiture is one of the most consequential sentencing components, yet it remains overlooked and misunderstood by practitioners. The U.S. Court of Appeals, Second Circuit’s recent decision in...more

Husch Blackwell LLP

Burden Shifting in Closing Arguments: Lessons from Harrell v. City of Chicago

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The proper allocation of the burden of proof during closing arguments is a recurring issue in civil litigation. On August 19, 2025, the Illinois First District Court of Appeals affirmed the trial court’s decision to grant a...more

Parker Poe Adams & Bernstein LLP

Employer's Failure to Sign Arbitration Agreement Voids Employee's Obligations

When we first consult with a client about a pending employment dispute, we ask the company to forward relevant documents, including employment agreements, noncompetes, etc. It’s very common for us to receive agreements signed...more

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