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Top 5 Supreme Court Cases To Watch This Fall

The U.S. Supreme Court will hear several cases in its October 2024 term that could further refine the new administrative law landscape, establish constitutional rights to gender-affirming care for transgender minors and affect how the federal government regulates water, air and weapons. Here, Law360 looks at five of the most important cases on the Supreme Court's docket so far.
October 31, 2024
Justices Set Arguments In Firefighter's ADA Suit Over Benefits

The U.S. Supreme Court said Thursday it set a January date to hear oral arguments in a case that could end up expanding the reach of the Americans with Disabilities Act.
October 31, 2024
Pro Services Contract Nixes NJ Public Defender's Pension

A New Jersey appellate court backed the Public Employees' Retirement System board's finding that a former municipal public defender is ineligible to receive pension benefits from 2008 onward, ruling that there was enough evidence to show the attorney's services were procured through a professional services contract.
October 31, 2024
6th Circ. Split Over NLRB Remedy In Starbucks Firing Case

The Sixth Circuit was divided Thursday over Starbucks' challenge to a National Labor Relations Board order finding the coffee giant unlawfully fired a worker at a Michigan cafe, with the judges probing the limits of the board's power to remedy unfair labor practices.
October 31, 2024
6th Circ. Judge Frets Tech Updates Could Stymy Class Actions

Sixth Circuit judges closely questioned Thursday whether claims about faulty automatic braking systems in certain Nissan cars should proceed as a class or if different software versions divide the class irreconcilably, prompting one judge to wonder about the case's implications for an age of ubiquitous software updates.
October 31, 2024
NC City Urges Panel To Rethink Stormwater Ruling

A North Carolina city has urged a state appeals court panel to rethink its decision reviving part of a condo association's suit over damage the city allegedly caused by dumping stormwater onto the group's properties after Hurricane Matthew, arguing that the majority's opinion relies on a factual error.
October 31, 2024
The 2024 Law360 Pulse Leaderboard

Check out the Law360 Pulse Leaderboard to see which firms made the list of leaders in all-around excellence this year.
October 31, 2024
Firms' Hiring Strategies Are Evolving In Fight For Top Spot

Competition for top talent among elite law firms shows no signs of slowing down, even amid economic uncertainty, with financially strong firms deploying aggressive strategies to attract and retain skilled professionals to solidify their market position.
October 31, 2024
11th Circ. Nixes ERISA Claim To John Hancock's $100M Credit

John Hancock Life Insurance Co. had no fiduciary duty to pass on to retirement plans $100 million in foreign tax credits that it had taken from taxes paid on foreign investments, a three-judge panel of the Eleventh Circuit said in upholding a lower court ruling.
October 31, 2024
Firms Fight Bid To Revive Malpractice Suit Over Liability Case

Two firms are asking the Delaware Supreme Court to affirm the dismissal of a malpractice suit filed by parents over damages sought for their child's "catastrophic injuries," allegedly caused by contamination from a chicken plant.
October 30, 2024
5th Circ. Keeps Most No Surprises Act Provisions Intact

The Fifth Circuit on Wednesday upheld several provisions for calculating qualifying payments under a federal law aimed at protecting Americans from surprise medical bills, saying in a published opinion that the provisions were neither inconsistent with the law nor arbitrary and capricious.
October 30, 2024
Class Asks Court To Revive Claims Against Florida Blue

A proposed class of Florida state employees enrolled in a Blue Cross and Blue Shield of Florida healthcare plan asked an appeals court Wednesday to revive their suit claiming the insurer designed a claims process to obstruct approval and payment of claims for mental health care.
October 30, 2024
Del. Justices Probe Implications Of Tripadvisor Nevada Move

Delaware's justices closely questioned on Wednesday an attorney defending shopping and travel giant Tripadvisor Inc.'s bid to reincorporate in Nevada, pressing for frameworks that protect the interests of current stockholders as well as fiduciaries and investors seeking more business-friendly pastures.
October 30, 2024
Texas Trying To 'Cloak' Uvalde Records Forever, Justices Hear

Justices on a Texas appeals court questioned why the state should get to keep almost three terabytes worth of data relating to the Uvalde school massacre away from the public eye, saying during oral arguments Wednesday that Texas was seemingly claiming it could hold onto all of its records.
October 30, 2024
Calif. Panel Axes $10.6M Abex Asbestos Verdict

A California appellate panel has thrown out a $10.6 million asbestos verdict against Pneumo Abex LLC and ordered a new trial, finding that the trial court erred in granting a directed verdict that rejected the now-bankrupt braking lining manufacturer's sophisticated user defense.
October 30, 2024
9th Circ. Says Calif. City Can't Sue State Over Housing Laws

The Ninth Circuit refused to revive the city of Huntington Beach, California's challenge to Golden State laws requiring it to build a certain number of housing units to keep up with population growth, writing in an order Wednesday that the city lacked standing to sue the state in federal court.
October 30, 2024
'Less-Is-More' Ill. Justice Preps For Next Decade On The Court

With voters set to hand Illinois Supreme Court Justice Lisa Holder White her first full term on the high court bench next week, the justice said she is ready to tackle the next decade of cutting-edge legal issues. But don't expect florid phrasing in her future opinions.
October 30, 2024
Fla. Vax Critic Urges Panel To Revive Advance Auto Injury Suit

A Florida woman Wednesday urged a state appellate panel to revive her personal injury lawsuit against Advance Auto Parts, saying a lower court wrongly tossed it after determining she misrepresented medical problems from a vehicle collision with a company driver based on her internet comments regarding COVID-19 vaccine reactions.
October 30, 2024
'Politically Charged' Bid To Unseat Justice Alarms Colo. Bar

The Colorado Bar Association said Tuesday it was concerned about a campaign to unseat the Colorado Supreme Court's chief justice because of her vote to disqualify former President Donald Trump from the state's ballot, calling them "politically charged efforts that target the judiciary's independence."
October 30, 2024
Texas Hospital Can't Escape $3.5M Blood Clot Verdict

A Texas appellate court largely affirmed a jury's $3.5 million verdict in a suit accusing a hospital of negligently treating a patient's blood clots and causing serious injuries, saying awards for future lost earnings and medical expenses were supported by the evidence.
October 30, 2024
Google's Bid To Depose AG Has Texas Appeals Judge 'Extremely Troubled'

A Texas appeals court raised concerns about Google's claim that it had the right to depose the Texas Office of the Attorney General, with a justice saying during oral arguments Wednesday that giving Google a green light to interview lawyers representing the state could open a legal can of worms.
October 30, 2024
Pa. Says GOP Regret Doesn't Merit Freeze On Mail-In Vote Fix

Pennsylvania told the U.S. Supreme Court on Wednesday the federal justices have no authority to freeze a ruling from the state's top court allowing voters whose mail-in ballots are rejected as defective to submit provisional ballots as replacements, adding that the Republican Party's alleged regret over its litigation strategy doesn't require action either.
October 30, 2024
4th Circ. Keeps NC Voter Registration Suit In Fed. Court

The Fourth Circuit has ruled that a district court was wrong to send part of a Republicans' lawsuit challenging the legality of 225,000 voters' registrations in North Carolina back to state court.
October 30, 2024
4th Circ. Mulls Shipping Honeywell Royalty Fight To Fed. Circ.

The Fourth Circuit grappled Wednesday with whether a fight over royalty payments between technology conglomerate Honeywell and its Japan-based rival had its roots in patent or contract law, which could dictate whether the appeal stays put or gets kicked over to the Federal Circuit.
October 30, 2024
11th Circ. Says Daughter's B-Day Dooms Dad's Removal Relief

A Mexican father's hopes to remain in the country and not cause undue hardship for his American daughter were foiled when he didn't object to his final removal hearing getting scheduled for after her 21st birthday, a divided Eleventh Circuit panel ruled.
October 30, 2024
4th Circ. Affirms Soldier's Loss Against Fluor Over Bombing

A split Fourth Circuit panel on Wednesday affirmed the dismissal of a soldier's lawsuit against Fluor Corp. over injuries he sustained in a 2016 suicide bombing in Afghanistan, holding the suit's state tort claims are preempted by a "combatant activities" exception in federal law.

Editor's Picks

12 Lawyers Who Are The Future Of The Supreme Court Bar

One attorney hasn't lost a single U.S. Supreme Court case she's argued, or even a single justice's vote. One attorney is perhaps "the preeminent SCOTUS advocate." And one may soon become U.S. solicitor general, despite acknowledging there are "judges out there who don't like me." All three are among a dozen lawyers in the vanguard of the Supreme Court bar's next generation, poised to follow in the footsteps of the bar's current icons.
How Reshaped Circuit Courts Are Faring At The High Court

Seminal rulings from the U.S. Supreme Court's latest term will reshape many facets of American society in the coming years. Already, however, the rulings offer glimpses of how the justices view specific circuit courts, which have themselves been reshaped by an abundance of new judges.
Law360's Guide To Biden's Judicial Picks

UPDATED October 24, 2024 | President Joe Biden is shaping the federal judiciary by adding to the courts' professional and demographic diversity — a sharp break from former President Donald Trump, who made the judiciary more homogeneous as the judges confirmed under him were 84% white and 76% male.

Expert Analysis

Newly Acquired Information Can Be Key In Drug Label Cases

The question of whether federal law preempts state law claims is often central in pharmaceutical labeling cases, like the Fosamax litigation now before the Third Circuit — but parties must also consider whether there is newly acquired information to justify submitting a proposed labeling change in the first place, say attorneys at Arnold & Porter.
Tips For Employers As Courts Shift On Paid Leave Bias Suits

After several federal courts recently cited the U.S. Supreme Court's Muldrow decision — which held that job transfers could be discriminatory — in ruling that paid administrative leave may also constitute an adverse employment action, employers should carefully consider several points before suspending workers, says Tucker Camp at Foley & Lardner.
NC Ruling Takes Practical Approach To Duty-To-Defend Costs

In Murphy-Brown v. Ace American Insurance, a case of first impression, the North Carolina Business Court adopted the commonsense rationale of many state courts in holding that policyholders' defense costs should be deemed presumtively reasonable when a insurer breaches its duty to defend, say attorneys at McGuireWoods.
Calif. Ruling Offers Hope For Mitigated Negative Declarations

In Upland Community First v. City of Upland, a California appeals court upheld a warehouse development's mitigated negative declaration over its greenhouse gas emissions thresholds — a rare victory against this type of challenge providing reassurance that such declarations can be upheld, say attorneys at Sheppard Mullin.
False Patent Marking Claims Find New Home In Lanham Act

While the Patent Act may have closed the courthouse doors for many false patent marking claims, the Federal Circuit, in its recent decision in Crocs v. Effervescent, may be opening a window to these types of claims under the Lanham Act, says John Cordani at Robinson & Cole.
3rd. Circ. Ruling Shows Employers Where To Put ADA Focus

A recent Third Circuit decision in Morgan v. Allison Crane & Rigging, confirming that the Americans with Disabilities Act protects some temporarily impaired employees, reminds employers to pursue compliance through uniform policies that head off discriminatory decisions, not after-the-fact debates over an individual's disability status, says Joseph McGuire at Freeman Mathis.
Nvidia Case's Potential Impact On Securities Class Actions

In Nvidia v. Ohman Fonder, the U.S. Supreme Court could strip lower courts of their long-standing ability and obligation to holistically weigh all relevant facts supporting plaintiffs' allegations of securities fraud, which would have a wide-ranging impact on securities fraud class actions in the U.S., say attorneys at Labaton Keller.
Justices Face Tough Question On HHS Hospital Pay Formula

In Advocate Christ Medical Center v. Becerra, the U.S. Supreme Court will determine whether the U.S. Department of Health and Human Services properly applied certain Medicare reimbursement adjustments to hospitals — a decision that could significantly affect hospitals' ability to seek higher Medicare reimbursement for low-income patients, say attorneys at Sheppard Mullin.
How Attorneys Can Break Free From Career Enmeshment

Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.
Where Can Privacy Plaintiffs Sue When Injury Is Online?

Website owners need to understand wiretapping laws to understand whether they may be sued for activity tracking in California or Pennsylvania courts, where the statutory damages for violations of half-century-old laws can be substantial — and a recent Third Circuit decision suggests establishing specific jurisdiction is not as easy as 1-2-3, say attorneys at Crowell & Moring.
Short-Seller Implications Of 10th Circ.'s Overstock Decision

The Tenth Circuit's Oct. 15 decision in Overstock Securities Litigation provides clarity on the pleading standard for a market manipulation claim under the Exchange Act, and suggests that short sellers might not be able to rely on the fraud-on-the-market presumption typically invoked by securities plaintiffs, say attorneys at Paul Weiss.
Patent Lessons From 4 Federal Circuit Reversals In September

Cases that were reversed or vacated by the Federal Circuit last month provide helpful clarity on collateral estoppel, patent eligibility, construction of claim terms that have different boundaries across different claims, and the role of courts as neutral arbiter, say attorneys at Bunsow De Mory.
11th Circ. Ruling Offers Refresher On 'Sex-Plus' Bias Claims

While the Eleventh Circuit’s recent ruling in McCreight v. AuburnBank dismissed former employees’ sex-plus-age discrimination claims, the opinion reminds employers to ensure that workplace policies and practices do not treat a subgroup of employees of one sex differently than the same subgroup of another sex, say attorneys at Bradley Arant.
Ex-Chicago Politician's Case May Further Curb Fraud Theories

The U.S. Supreme Court recently agreed to hear Thompson v. U.S. to determine whether a statement that is misleading but not false still violates federal law, potentially heralding the court’s largest check yet on prosecutors’ expansive fraud theories, with significant implications for sentencing, say attorneys at the Law Offices of Alan Ellis.
Lawyers With Disabilities Are Seeking Equity, Not Pity

Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.