News & Analysis as of

Appellate Courts Appeals Coronavirus/COVID-19

Clark Hill PLC

Colorado court rules “Fees on Fees” recoverable in contractual disputes, breaking new ground on attorney fee awards

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On Aug. 6, the Colorado Court of Appeals recently addressed a question that had never been definitively answered in the state: whether a prevailing party can recover attorney fees incurred to enforce a contractual...more

Maynard Nexsen

Alabama Supreme Court Alert | Appellate Update for May 23, 2025

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Decisions from May 23, 2025 - The Alabama Supreme Court issued its weekly release list on Friday, May 23. The opinions of interest to the Alabama business community include the following...more

Farella Braun + Martel LLP

Texas Case Shows Why Juries Are Well-Suited To COVID Suits

A pending case in Texas illustrates why COVID-19 business interruption claims need to be decided by juries in light of case-specific facts, not by judges using a one-size-fits-all approach. Originally published in Law360 -...more

Rosenberg Martin Greenberg LLP

Maryland Appellate Court Addresses Obligation of Tenant Shut Down By COVID Order To Pay Rent

Nearly four years after the depths of the COVID-19 pandemic, issues concerning the legal consequences of executive and legislative orders shutting down business operations are still working their way through appellate courts...more

Laner Muchin, Ltd.

Considerations for Large Employers Caught in the Middle of the OSHA ETS Litigation

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On November 5, 2021, the highly anticipated OSHA COVID-19 Vaccination and Testing Emergency Temporary Standard (ETS) was issued. One day later, November 6, 2021, the U.S. Court of Appeals for the Fifth Circuit temporarily...more

Dorsey & Whitney LLP

What’s Next for OSHA’s COVID-19 Emergency Temporary Standard?

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On November 12, 2021, the Fifth Circuit Court of Appeals reaffirmed its stay pending judicial review of the Occupational Safety and Health Administration’s (“OSHA”) COVID-19 Vaccination and Testing Emergency Temporary...more

Parker Poe Adams & Bernstein LLP

OSHA's Vaccinate-or-Test Standard Is Delayed. What About Health Care Employers?

On November 12, the United States Court of Appeals for the Fifth Circuit issued an order staying the enforcement and implementation of the Occupational Safety and Health Administration’s vaccinate-or-test emergency temporary...more

Bricker Graydon LLP

OSHA stays implementation of vaccine mandate, pending Sixth Circuit review of the legal challenges

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As we have previously reported, the recently announced Occupational Safety and Health Administration (OSHA) vaccine mandate, issued as an Emergency Temporary Standard (ETS), has been challenged in multiple suits filed around...more

Miller Canfield

Appellate Court Halts OSHA’s Emergency Temporary Standard Requiring Mandatory COVID-19 Vaccination or Testing

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Immediately after OSHA published its Emergency Temporary Standard (ETS) on COVID-19 Vaccination and Testing for private sector workers, various individuals, covered employers, states and other groups challenged its validity...more

Butler Snow LLP

Original Proceedings and Emergency Relief in the Courts of Appeals | Kirk Cooper | Texas Appellate Law Podcast

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The inner workings of courts of appeals are sometimes hard to understand from the outside. Staff attorneys play a critical role in screening cases, assisting the justices, and helping the court handle its workload. This week,...more

Haight Brown & Bonesteel LLP

Writs in the pandemic era of litigation

Most litigators know the value of an appeal. The case is over and the trial court has entered judgment, but the results are unsatisfying. Perhaps there was an erroneous jury instruction or some vital piece of evidence was...more

Pierce Atwood LLP

Appellate Trends During the COVID-19 Pandemic

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Chief Justice Roberts recently issued his year-end report on the federal judiciary, appropriately focusing on the effects of the COVID-19 pandemic. The Chief Justice noted that 2020 ended with the judiciary in much the same...more

Porter Hedges LLP

Substantial Compliance – When The Contract Doesn’t Always Mean What It Says

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As COVID-19 continues to result in government shutdown orders, labor shortages, and increased lead times to acquire materials, project owners, contractors, and subcontractors may begin to make claims of “force majeure,” or...more

Fox Rothschild LLP

Drop My Name: Per Curiam Opinions At The Court Of Appeals

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It doesn’t take long for those who read judicial opinions to come across an unsigned, “per curiam” decision. Many decisions from the U.S. Supreme Court, federal circuit courts, and our state Supreme Court are short-ish...more

King & Spalding

An Update on COVID-19 Impacts on Intellectual Property Cases at the Federal Courts

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New developments in the Court of Appeals for the Federal Circuit and various district courts; first remote patent trials scheduled in Southern District of New York and Eastern District of Virginia - As the ongoing...more

Fox Rothschild LLP

Court Of Appeals Revises Appellate Mediation Procedures In Light Of COVID-19

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The Court of Appeals has new COVID-19 procedures for its voluntary appellate mediation program. The full document is here, but highlights include: 1.For mediation deadlines that fall between March 27 and April 30, parties...more

Cadwalader, Wickersham & Taft LLP

COVID-19 Update: COVID-19 and the Courts: Part II How Appellate Court Procedures Are Changing and What May Be Here to Stay

Overview - In the second of our series of articles examining emergency procedures in the wake of the COVID-19 pandemic (“pandemic”), we examine the emergency procedures put into place in Federal Appellate Courts and explore...more

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