Solicitors General Insights: A Deep Dive With Mississippi and Tennessee Solicitors General — Regulatory Oversight Podcast
The Presumption of Innocence Podcast: Episode 43 - New Horizons: Impact of Recent Appellate Circuit Rulings on White-Collar Criminal Defense Law
Prelude to the Business Court and 15th Court of Appeals: More Questions Than Answers | Tyler Talbert | Texas Appellate Law Podcast
Exploring Procedural Justice | Judge Steve Leben | Texas Appellate Law Podcast
Focus Groups as a Trial-Preparation Tool | Elizabeth Larrick | Texas Appellate Law Podcast
Tips for Persuasive Legal Writing | Luther Munford | Texas Appellate Law Podcast
Winning Cases on Legal Issues Before and During Trial | Texas Appellate Law Podcast
Navigating Federal Tort Claims on a National Scale | Tom Jacob | Texas Appellate Law Podcast
Why Judges Should Take the Legal Accountability Project Pledge | Judge Doug Nazarian & Aliza Shatzman | Texas Appellate Law Podcast
Tackling Bullying in the Legal Profession | Scott Stolley | Texas Appellate Law Podcast
How Lawyers Should Approach Implementing AI into Their Practices | Tim Armstrong | Texas Appellate Law Podcast
Emerging Ethical Issues For Lawyers Using AI | Derek Bauman | Texas Appellate Law Podcast
A Longtime Trial Judge’s View from the Appellate Bench | Justice Gisela Triana | Texas Appellate Law Podcast
Inside the Fourth Court of Appeals’ Clerk’s Office | Michael Cruz | Texas Appellate Law Podcast
Supersedeas and Other Recent Rule Changes | Texas Appellate Law Podcast
Business Courts and Other Highlights of the 88th Texas Legislature | Jerry Bullard | Texas Appellate Law Podcast
Don’t California My Texas! | Tim Kowal & Jeff Lewis | Texas Appellate Law Podcast
Checking in On the 88th Texas Legislature | Jerry Bullard | Texas Appellate Law Podcast
Jury Charges and Oral Argument | David Keltner | Texas Appellate Law Podcast
Legal Writing for the New Generation | Chad Baruch | Texas Appellate Law Podcast
The U.S. Court of Appeals for the First Circuit, in United States v. Regeneron, has joined the Sixth and Eighth Circuits in adopting the “but-for” standard to find that a violation of the Anti-Kickback Statute (AKS) triggers...more
The Fifth District Court of Appeal held that under pre-reform PAGA, headless PAGA actions in which plaintiffs seek civil penalties only on behalf of other employees and not for violations they personally experienced are...more
Until recently, a single judge sitting on a panel of the North Carolina Court of Appeals could tee up an issue for the Supreme Court of North Carolina simply by filing a dissenting opinion. N.C. Gen. Stat. § 7A-30(2) allowed...more
On June 26, 2025, Brownstein filed a Petition for a Writ of Certiorari to the United States Supreme Court, seeking review of a Ninth Circuit Court of Appeals decision regarding the Fair Debt Collection Practices Act (FDCPA)....more
In Environmental Protection Agency v. Calumet Shreveport Refining, L.L.C., the Supreme Court set out the test for determining the proper venue for judicial review of EPA actions under the Clean Air Act (CAA). Challenges to...more
On June 24, 2025, the Oregon Supreme Court held in Crosbie v. Asante that a trial court order of the scope of issues to be retried after reversal and remand cannot be immediately appealed....more
In McLaughlin Chiropractic Assocs., Inc. v. McKesson Corp., No. 23-1226, 2025 WL 1716136 (U.S. June 20, 2025), the Supreme Court determined that the Hobbs Act does not bind district courts in civil enforcement proceedings to...more
The Supreme Court of the United States’ decision last week in Esteras v. United States restricted the factors lower courts may consider in imposing prison sentences following supervised release revocations. Those awaiting the...more
In civil litigation, the trial court’s judgment is often not the last word. If you lose at that the trial court, you may still have a chance to prevail if you can convince the appellate court that the trial court judge...more
On Monday, June 16, 2025, the U.S. Supreme Court granted certiorari in Chevron U.S.A. Inc. v. Plaquemines Parish, a case about the extent to which federal contractors can remove lawsuits to federal court under the federal...more
Last week in Troy Grove v. NLRB, No. 23-1164 (D.C. Cir., June 13, 2025), the United States Court of Appeals for the D.C. Circuit delivered a sharp rebuke to the National Labor Relations Board, finding “irrational” the Board’s...more
On May 28, 2025, the Supreme Court of Ohio passed on an opportunity to settle a long-standing legal question: Does Ohio law require a trial court to conduct an oral hearing before compelling arbitration under R.C. 2711.03?...more
Since 2009 Courts have been applying FCC rulings suggesting that text messages are calls subject to the TCPA even though text messages didn’t exist at the time the TCPA was passed and the statute does not mention text...more
The trial is over. The jury has spoken – or the judge has ruled – and the outcome wasn’t what you hoped. Now what? At that moment, many litigants turn to the idea of an appeal as a second chance, a do-over. It’s important...more
Washington’s construction lien statute makes clear that all lien foreclosure actions arising out of the same project should be joined into a single lawsuit. Filing a motion to intervene in a pending foreclosure lawsuit will...more
“Equal is not fair, and fair is not equal. Equal is obtainable but fair is not.” The Montgomery County Circuit Court overseeing the launch of Alabama’s medical cannabis program has an interesting dilemma on its hands. It...more
On May 28, 2025, the U.S. Court of International Trade (CIT) ruled that President Trump lacks authority under the International Emergency Economic Powers Act (IEEPA) to impose his most sweeping tariffs against U.S. trading...more
Since our last coverage of “headless PAGA lawsuits”—i.e., lawsuits in which a plaintiff disavows his individual PAGA claim and opts to pursue the claim only on behalf of others—significant developments have further...more
Louisiana’s Direct Action Statute was recently amended to remove the right of an injured person or, if deceased, the statutory beneficiaries, to bring a direct action claim against a tortfeasor’s insurer, except in certain,...more
On May 1, 2025, the United States Court of Appeals for the Second Circuit issued its decision in Solomon v. Flipps Media, Inc., affirming the dismissal of a putative class action alleging violations of the Video Privacy...more
On May 28, 2025, the U.S. Court of International Trade (USCIT) issued a decision vacating and permanently enjoining many of the most economically significant tariff orders issued over the past four months by President Trump....more
The Missouri Court of Appeals (Southern District) (“Appellate Court”) addressed in a May 13th Opinion an issue arising out of a homeowner installing solar panels in a subdivision. See Eikmeier v. Granite Springs Home Owners...more
In appellate practice, there was once comfort in formality. You started with the standard of review, cited black-letter law, and walked the court through a step-by-step application of precedent to facts. But a subtle shift...more
The Federal Circuit recently resolved a split among the district courts whether patent infringement defendants who bring inter partes review (IPR) challenges are estopped from raising new prior art challenges in a co-pending...more
The Nevada Limited Liability Company Act provides “a manager” of a limited liability company “shall promptly deliver . . . a copy of the information required to be maintained by paragraphs (1), (2), and (4) of subdivision (d)...more