News & Analysis as of

En Banc Review Appeals Appellate Courts

Littler

Is a Uniform Standard for Evaluating FLSA Collective Action Notice Motions on the Horizon?

Littler on

The Fair Labor Standards Act (FLSA) provides a framework for how employees are compensated under federal law. In addition to establishing minimum wage and overtime standards, among other things, the FLSA allows employees to...more

Wiley Rein LLP

Federal Circuit Holds En Banc That Only “Actual or Prospective Bidders or Offerors” May Protest at COFC

Wiley Rein LLP on

WHAT: In Percipient.ai, Inc. v. United States, the U.S. Court of Appeals for the Federal Circuit held in a 7-4 en banc decision that the definition of “interested party” under the Tucker Act (28 U.S.C. § 1491(b)(1)) remains...more

Kelley Drye & Warren LLP

Federal Circuit Affirms That IEEPA Tariffs Are Unlawful

On Friday, August 29, the U.S. Court of Appeals for the Federal Circuit issued a decision striking down the global reciprocal tariffs (“Reciprocal Tariffs”) and the fentanyl-related tariffs on Canada, Mexico, and China...more

Orrick, Herrington & Sutcliffe LLP

Appellate court overturns lower court’s decision to bar CFPB layoffs and other changes

On August 15, the U.S. Court of Appeals for the District of Columbia Circuit vacated a district court’s preliminary injunction that prevented the CFPB from taking actions regarding its employment, contracts and facilities...more

Hudnell Law Group

Federal Circuit Enforces Gatekeeping Role in Patent Damages Testimony

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On May 21, 2025, the United States Court of Appeals for the Federal Circuit, sitting en banc, reversed a $20 million damages award against Google LLC in a patent infringement dispute with EcoFactor, Inc. EcoFactor, Inc. v....more

Jenner & Block

Client Alert: FLASH UPDATE - Tariffs' Cancellation Stay by Appellate Court

Jenner & Block on

On June 10, 2025, in an unusual en banc per curiam order, the US Court of Appeals for the Federal Circuit, which hears appeals from the US Court of International Trade (CIT) stayed the CIT’s order invalidating tariffs issued...more

White & Case LLP

Federal Circuit Tightens Standard for Patent Damages Experts

White & Case LLP on

On May 21, 2025, the Federal Circuit issued an en banc decision in EcoFactor, Inc. v. Google LLC, highlighting the critical gatekeeping role of district courts under Federal Rule of Evidence 702 and Daubert standards,...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Federal Circuit in EcoFactor, Inc. v. Google LLC Probes the Limits for Gatekeeping Damages Testimony

Last week, in EcoFactor, Inc. v. Google LLC, the Federal Circuit issued its first en banc decision in a utility patent case in several years. The case involves the gatekeeping function of district courts vis-à-vis expert...more

Carlton Fields

Florida Appeals Court Decisions Week of March 17 - 21, 2025

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U.S. Eleventh Circuit Court of Appeals - Kanapuram v. CIS - immigration - Wu v. Liu - removal, arbitration, remand, appellate jurisdiction - USA v. Morris - jury interrogatory, specific firearm - Malak v. Soc Sec...more

Mintz - Intellectual Property Viewpoints

Has There Been A Sea Change in Eligible Domestic Industries at the ITC That Will Last?

For decades, the ITC’s jurisdictional requirement – known as the domestic industry requirement – effectively shut out innovators from availing themselves of the powerful remedies of the forum, in the form of an exclusion...more

Carlton Fields

Florida Appeals Court Decisions Week of February 3 - 7, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Daniels v. Fla Fish & Wildlife - fishing regulations, constitutional challenges, standing - Glover v. Ocwen Loan Serv - FDCPA, mortgage payment fees - Rosado v. Sec’y US Navy...more

Cozen O'Connor

Notice of Appeal - Summer 2024

Cozen O'Connor on

A jury convicted Defendant of health care fraud offenses after a series of delays in her trial date, due to the COVID-19 pandemic and a Superseding Indictment that was filed 11 weeks before trial. During these delays,...more

Woods Rogers

Interpanel Accord: An Important Concept for Civil Litigants in the New Court of Appeals of Virginia

Woods Rogers on

The term “interpanel accord” has increased importance in Virginia civil state court practice after the General Assembly recently expanded the size and scope of the Court of Appeals of Virginia. More information about the...more

Morrison & Foerster LLP - Left Coast Appeals

Know Your Ninth Circuit Panel: Six Extra Judges

Ninth Circuit appeals are not always decided by Ninth Circuit judges. Because of the Court’s nation-leading workload, the Ninth Circuit regularly relies on visiting judges to fill out the panels that hear and resolve cases....more

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