Courts & Litigation

FERC Order on Energy Resources in Capacity Auctions Affirmed

The U.S. Court of Appeals for the D.C. Circuit affirmed a Federal Energy Regulatory Commission (FERC) order concerning energy resources in capacity auctions. This decision upholds FERC's authority and previous rulings on the matter, impacting how energy resources are evaluated and procured in organized markets.

Michael Herlihy v. DBMP, LLC - Asbestos Claims in Bankruptcy

The Fourth Circuit Court of Appeals affirmed a bankruptcy court's decision to deny a motion to lift an automatic stay for asbestos claims against DBMP, LLC. The court found that lifting the stay would prejudice the debtor's estate and interfere with a potential Chapter 11 reorganization plan for asbestos claimants.

Gibbons v. Gibbs - Affirmation of District Court Decision

The Fourth Circuit affirmed a district court's decision in Gibbons v. Gibbs, upholding the dismissal of claims related to the appointment of an election registrar. The court found that the appellant forfeited appellate review by failing to properly proffer evidence and found no abuse of discretion in the district court's evidentiary rulings or jury selection.

Lowy v. Daniel Defense, LLC - Product Liability Opinion

The Fourth Circuit Court of Appeals reversed in part and vacated in part a district court's decision in Karen Lowy v. Daniel Defense, LLC. The opinion, decided on February 11, 2026, addresses product liability claims against firearms manufacturers and related entities. The case has been remanded for further proceedings.

Scott Reardon v. American Airlines - Retaliatory Termination Claim

The Fifth Circuit Court of Appeals affirmed the dismissal of a retaliatory termination claim filed by Scott Reardon against American Airlines under the Railway Labor Act. The court found that Reardon's termination was based on violations of a Last Chance Agreement, not retaliation.

Fifth Circuit Certifies Texas LLC Exemption Question to State Supreme Court

The Fifth Circuit Court of Appeals has certified a question to the Supreme Court of Texas regarding whether a Texas LLC membership interest is an exempt asset in federal bankruptcy proceedings. The court is seeking clarification on Texas state law to resolve a dispute between a debtor and the bankruptcy trustee.

Fifth Circuit Court Opinion on Mississippi Vapor Law

The Fifth Circuit Court of Appeals denied a motion for an injunction pending appeal in a case challenging Mississippi House Bill 916. The court found that the plaintiffs, including vapor retailers and trade associations, failed to establish Article III standing to challenge the law, which restricts the sale of electronic nicotine devices to those approved by the FDA.

Geo Group v. Inslee - Ninth Circuit Denies Rehearing

The Ninth Circuit Court of Appeals denied a petition for rehearing in the case of The GEO Group, Inc. v. Jay Inslee. The court's prior decision vacated a preliminary injunction against a Washington state law concerning civil detainees and remanded the case. The denial of rehearing means the prior ruling stands.

Cox v. Gritman Medical Center - Personal Jurisdiction Ruling

The Ninth Circuit Court of Appeals reversed a district court's dismissal in Cox v. Gritman Medical Center, finding personal jurisdiction over Idaho-based defendants in a wrongful death action brought by Washington residents. The court held that defendants cultivated treatment relationships with Washington residents and transmitted prescriptions to Washington pharmacies, satisfying the long-arm statute and Due Process Clause.

Gibson v. United States - Tax Deductibility of Contingent Environmental Expenses

Petitioners John A. Gibson, Jr., and Mary Lou Gibson are seeking review from the U.S. Supreme Court regarding the Fifth Circuit's decision on the deductibility of environmental remediation expenses. The core issue is whether the 'all events' test for tax accrual requires absolute certainty of expense amounts for contingent liabilities.