Appellate

  • December 23, 2024

    House Report Says Gaetz Paid For Sex, Accepted Gifts

    Former U.S. Rep. Matt Gaetz regularly paid women for sex, including with one 17-year-old girl, used illicit drugs and accepted a trip to the Bahamas in excess of permissible gift amounts, according to a report released Monday morning by the U.S. House of Representatives Committee on Ethics.

  • December 20, 2024

    Watchlist Flouts Justices' Major-Questions Ruling, Petition Says

    Four individuals backed by the Council on American-Islamic Relations are urging the U.S. Supreme Court to review the government's terrorist watchlist, saying a Fifth Circuit ruling affirming its legality eviscerated the justices' major questions doctrine.

  • December 20, 2024

    Argentina Asks Justices To Review Bondholders' $310M Win

    Argentina wants the U.S. Supreme Court to resolve a circuit split over what law applies when determining whether a country's assets are shielded from creditors under the Foreign Sovereign Immunities Act, saying its reversionary interests worth $310 million in collateral backing recently matured 1990s Brady bonds are immune.

  • December 20, 2024

    High Court Bar's Future: Williams & Connolly's Sarah Harris

    Sarah M. Harris of Williams & Connolly LLP never planned on being a U.S. Supreme Court advocate, or even an appellate one. She stumbled upon that career path after realizing her initial goal of becoming a national security or government lawyer wasn't the right fit.

  • December 20, 2024

    Full Fed. Circ. Won't Review Case Salesforce Said Caused Split

    The full Federal Circuit has refused to review a ruling that revived a software patent suit against Salesforce and sunk a $6.9 million attorney fee award it won, turning aside the company's argument that the decision created a split within the court that will cause "recurring confusion."

  • December 20, 2024

    Colo. Panel Upholds Antero's $215M Wastewater Contract Win

    A Colorado appellate panel will hold a wastewater solutions firm to a $215 million judgment for breaching salt standards in a contract to build a fracking water treatment plant for Antero Resources, recognizing an email referencing the criteria as a part of a change order and thus the deal itself.  

  • December 20, 2024

    Litigator On The Roof: The Acting, Singing Mass. Solicitor

    The top appellate lawyer in the Massachusetts Office of the Attorney General will be ringing in the new year by performing a comical cantata by Johann Sebastian Bach, the latest show in a lengthy side career in music.

  • December 20, 2024

    9th Circ. Orders Closer Security Review In Muslim Spying Suit

    The Ninth Circuit on Friday partially revived a long-running putative class action over the FBI's alleged surveillance of Muslims in Southern California, saying more work needs to be done before determining whether the case is so tied to state secrets that it puts national security at risk.

  • December 20, 2024

    A Look Back At 2024's Major Securities Litigation Moments

    The private securities litigation bar experienced a busy 2024, with meaningful and significant rulings in almost all of the nation's leading courts, and corporations, investors, government agencies and executives fighting over pay packages, disclosures, class certifications and mergers.

  • December 20, 2024

    Panel Baffled Why Prosecutor Left Holding Bag In Weed Case

    A Michigan state judge who stuck the Wayne County Prosecutor's Office with a $66,000 bill for marijuana destroyed by police and said he'd "let the Court of Appeals sort it out" left those appellate judges scratching their heads — and reversing his decision on Thursday.

  • December 20, 2024

    3rd Circ. Denies Challenge To Pa. Autism Settlement

    A Third Circuit panel on Friday rejected claims a settlement requiring around-the-clock care for a woman with autism is too impractical to be enforced, reversing a lower-court decision and handing a victory to the Pennsylvania woman's family.

  • December 20, 2024

    TikTok Divestment Deadline Must Be Extended, Senators Say

    TikTok is set to be removed from app stores in the United States in less than a month, but two senators have urged President Joe Biden to kick the can down the road with an extension that would prevent "serious hardship" to both creators and users.

  • December 20, 2024

    Fed. Circ. Says Teva Inhaler Patents Can't Be In Orange Book

    The Federal Circuit on Friday upheld a decision that Teva Pharmaceuticals improperly listed its asthma inhaler patents in the U.S. Food and Drug Administration's Orange Book, saying that only patents that claim a drug's active ingredient can be included in the database.

  • December 20, 2024

    Asus Can't Overturn $660K Patent Verdict At Fed. Circ.

    Federal Circuit judges were unpersuaded Friday to do anything about an almost $660,000 jury verdict against laptop maker Asus, deciding that the Taiwanese electronics business was largely too late to ask questions about the ownership of a patent developed by a defunct chipmaker over two decades ago.

  • December 20, 2024

    6th Circ. To Group FedEx, Kellogg Pension Data Appeals

    The Sixth Circuit on Thursday rejected a request to stay a case alleging FedEx Corp. uses outdated actuarial assumptions in calculating certain retirees' annuities, pending a similar appeal from Kellogg Co. retirees, saying it would instead group the cases together.

  • December 20, 2024

    Court Opens Window For Patient To Pierce COVID Immunity

    A Michigan appellate court said Wednesday medical malpractice claims from a patient seeking help for pandemic-related stress were barred because her hospital admittance and alleged injuries had a connection to the COVID-19 pandemic, but the court directed a lower court to consider letting the patient plead a gross negligence exception to the state's pandemic response immunity.

  • December 20, 2024

    Calif. Panel Says Woman Has Right To Sue Over Home Sale

    A California state appeals court reversed a quick win granted to Sotheby's International Realty Inc. and other real estate brokers in a suit filed over a $3.15 million sale of a Malibu home, ruling in a published decision that the homeowner legally allowed his daughter to sue over the property sale.

  • December 20, 2024

    The Top Cases Of 2024 In Texas: Year In Review

    Texas closed out the year with blockbuster rulings on social media companies’ use of biometric data and the U.S. Securities and Exchange Commission’s expanded definition of a dealer. Here are the biggest decisions out of Texas that topped Law360’s radar this year.

  • December 20, 2024

    Biden Exceeds Trump's Record On Judges By One

    The U.S. Senate confirmed on Friday the last two judicial nominations from President Joe Biden, making his total of lifetime judicial appointments 235, just one over President Donald Trump's 234.

  • December 20, 2024

    DC Circ. Backs Dismissal Of Energy Co.'s $1.1B Angola Suit

    The D.C. Circuit refused Friday to revive an energy company's lawsuit against Angola over $1.1 billion worth of nixed power plant contracts, agreeing with courts in New York that the dispute must be litigated in the African country.

  • December 20, 2024

    The Most Significant Trade Secrets Cases Of 2024

    Insulet Corp. became the latest company to notch a colossal trade secrets award, and a new presidential administration has attorneys wondering what will become of the Federal Trade Commission's pending proposal to ban employee noncompete agreements. Here's a look at trade secrets cases that defined 2024 and what to expect from the FTC in the coming year.

  • December 20, 2024

    The Biggest Climate Change Rulings Of 2024: Year In Review

    Federal courts delivered several rulings this year that are expected to significantly impact future climate change litigation and policy development, including Supreme Court decisions reshaping administrative law and D.C. Circuit findings on project development and automotive emissions controls. Here are the four biggest climate change decisions of 2024.

  • December 20, 2024

    Top Product Liability Cases Of 2024

    Some of the top cases for product liability for 2024 include an Ohio Supreme Court ruling on opioids and public nuisance, baby formula trials and an appellate decision in Fosamax litigation. 

  • December 20, 2024

    DC Circ. Says Toxic Subtances Rule Threatens Trade Secrets

    A D.C. Circuit panel on Friday threw out a facet of new Toxic Substances Control Act regulations that the judges said could lead to the unwanted disclosure of chemical manufacturers' trade secrets.

  • December 20, 2024

    Biggest Washington Decisions Of 2024

    Washington courts in 2024 saw a state judge permanently block Kroger's planned $24.6 billion purchase of Albertsons, just about an hour after an Oregon federal judge reached a similar decision, leading the deal to collapse.

Expert Analysis

  • 3rd. Circ. Ruling Shows Employers Where To Put ADA Focus

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    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

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    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

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    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

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    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?

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    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

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    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

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    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

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    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

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    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

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    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.

  • High Stakes In Justices' Review Of Clean Air Act Venue Fights

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    Disputes over the Clean Air Act's venue provision may seem arcane, but a forthcoming U.S. Supreme Court decision encompassing three cases will affect core principles of the separation of powers and constitutional due process in ways that could have significant consequences for the regulated community, say J. Michael Showalter and David Loring at ArentFox Schiff.

  • Testing The Waters As New Texas Biz Court Ends 2nd Month

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    Despite an uptick in filings in the Texas Business Court's initial months of operation, the docket remains fairly light amid an apparent wait-and-see approach from some potential litigants, say attorneys at Norton Rose.

  • Employer Lessons From Mass. 'Bonus Not Wages' Ruling

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    In Nunez v. Syncsort, a Massachusetts state appeals court recently held that a terminated employee’s retention bonus did not count as wages under the state’s Wage Act, illustrating the nuanced ways “wages” are defined by state statutes and courts, say attorneys at Segal McCambridge.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

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