Appellate

  • October 31, 2024

    Ga. Panel Reopens Ex-Honeycomb Manager's Benefits Case

    The Georgia Court of Appeals said the state's Department of Labor will have to determine whether a former Savannah Bee Co. honeycomb manager is entitled to unemployment benefits, finding the department and the superior court that affirmed its decision wrongly found her benefits denial appeal untimely.

  • October 31, 2024

    Conn. Judge OKs $10.4M Remedy For Securities Fraud Appeal

    A Connecticut state judge has approved a nearly $10.4 million prejudgment remedy application protecting investment banking firm FIH LLC while two principals of a beleaguered capital firm appeal a securities fraud judgment that resulted from a bench trial.

  • October 31, 2024

    2nd Circ. Backs GE's Win In Ex-Exec's Benefits Denial Suit

    The Second Circuit affirmed the dismissal Thursday of a former General Electric executive's suit claiming the company should have awarded her pension and stock benefits when it moved her into an independent contractor role, ruling that her claims were filed too late.

  • October 31, 2024

    Everglades Scientist's Contempt Upheld Over Data Theft

    A Florida state appellate panel upheld indirect criminal contempt against an Everglades scientist after a lower court found he violated an order to return data he allegedly took upon resigning from his previous nonprofit job following a falling out with the CEO and went to work for a rival organization.

  • October 31, 2024

    Health District Must Face Cyberattack Suit, Wash. Judges Say

    A municipal health department in Washington is back on the hook in litigation over a cyberattack that affected nearly 109,000 individuals, thanks to a precedential ruling by a state appellate court Thursday reviving claims that the department was negligent in storing patients' personal information.

  • October 31, 2024

    Supreme Court Sets Jan. Arguments In Cornell ERISA Suit

    The U.S. Supreme Court on Thursday scheduled oral argument for January in an appeal from Cornell University workers who said their retirement plan was mismanaged. 

  • October 31, 2024

    FERC Unlawfully Rewrote Grid Hookup Policy, DC Circ. Told

    The Federal Energy Regulatory Commission's revised policy on hooking up new power projects to the grid unlawfully imposes a punitive, one-size-fits-all system on transmission owners, regional grid operators and transmission companies told the D.C. Circuit Wednesday.

  • October 31, 2024

    Judge Asks If Full 6th Circ. Needs To Settle Emissions Conflict

    A Sixth Circuit judge expressed discomfort Thursday with the possibility his panel could be asked to declare that colleagues made conflicting calls in separate suits alleging carmakers deceived consumers about vehicle sustainability, wondering if the full circuit needed to weigh in.

  • 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 May Stymie Class Actions

    Sixth Circuit judges closely questioned Thursday whether claims about faulty automatic braking systems in certain Nissan cars should proceed as a class action 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.

Expert Analysis

  • Amazon Holiday Pay Case Underscores Overtime Challenges

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    The recent Hamilton v. Amazon.com Services LLC decision in the Colorado Supreme Court underscores why employers must always consult applicable state law and regulations — in addition to federal law — when determining how to properly pay employees who work more than 40 hours in a workweek, says James Looby at Vedder Price.

  • Opinion

    It's Time To Sound The Alarm About Lost Labor Rights

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    In the Fifth Circuit, recent rulings from judges appointed by former President Donald Trump have dismantled workers’ core labor rights, a troubling trend that we cannot risk extending under another Trump administration, say Sharon Block and Raj Nayak at the Center for Labor and a Just Economy.

  • Anticipating Jarkesy's Effect On Bank Agency Enforcement

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    Following the U.S. Supreme Court’s decision in U.S. Securities and Exchange Commission v. Jarkesy, federal courts may eventually issue decisions on banking law principles and processes that could fundamentally alter the agencies' enforcement action framework, and the relationship between banks and examiners, says Brendan Clegg at Luse Gorman.

  • Opinion

    Legal Institutions Must Warn Against Phony Election Suits

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    With two weeks until the election, bar associations and courts have an urgent responsibility to warn lawyers about the consequences of filing unsubstantiated lawsuits claiming election fraud, says Elise Bean at the Carl Levin Center for Oversight and Democracy.

  • Peeling Back The Layers Of SEC's Equity Trading Reforms

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    The U.S. Securities and Exchange Commission's recently adopted amendments lowering the tick sizes for stock trading and reducing access fee caps will benefit investors and necessitate broad systems changes — if they can first survive judicial challenges, say attorneys at Sidley.

  • 5th Circ. DOL Tip Decision May Trigger Final 80/20 Rule Fight

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    A recent Fifth Circuit decision concerning a Labor Department rule that limits how often tipped employees can be assigned non-tip-producing duties could be challenged in either historically rule-friendly circuits or the Supreme Court, but either way it could shape the future of tipped work, says Kevin Johnson at Johnson Jackson.

  • Strategies To Avoid Patent Issues In AI Drug Discovery

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    Artificial intelligence has the potential to improve drug discovery and design, but companies should consider a variety of factors when patenting drugs created using AI systems, including guidance from the U.S. Patent and Trademark Office and methods for protecting patent eligibility, say attorneys at Ropes & Gray.

  • What Being An 'Insider' Means In Ch. 11, And Why It Matters

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    As borrowers grapple with approaching near-term maturities on corporate debt, lenders should be proactive in mitigating the risks of being classified as an insider in potential bankruptcies, including heightened scrutiny, preference risk, plan voting and more, say David Hillman and Steve Ma at Proskauer.

  • How Cos. Can Build A Strong In-House Pro Bono Program

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    During this year’s pro bono celebration week, companies should consider some key pointers to grow and maintain a vibrant in-house program for attorneys to provide free legal services for the public good, says Mary Benton at Alston & Bird.

  • Series

    Home Canning Makes Me A Better Lawyer

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    Making my own pickles and jams requires seeing a process through from start to finish, as does representing clients from the start of a dispute at the Patent Trial and Appeal Board through any appeals to the Federal Circuit, says attorney Kevin McNish.

  • Navigating The Bankruptcy Terrain After Purdue Pharma

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    The U.S. Supreme Court’s June ruling in Harrington v. Purdue Pharma is having a significant impact on bankruptcies, with recent cases addressing nonconsensual third-party releases and opt-out mechanisms, and highlighting strategies practitioners can employ to avoid running afoul of the decision, say Brett Axelrod and Agostino Zammiello at Fox Rothschild.

  • 5 Considerations For Obviousness-Type Double Patenting

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    The U.S. Supreme Court’s recent denial of certiorari for In re: Cellect highlights the current state of obviousness-type double patenting based on that case and another recent Federal Circuit decision, including that ODP is not fatal, that divisional applications are protected from ODP and more, says Fabian Koenigbauer at Ice Miller.

  • How To Avoid Risking Arbitration Award Confidentiality In NY

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    Though a Second Circuit decision last year seemed to create a confidentiality safe harbor for arbitration awards that had no ongoing compliance issues, a recent New York federal court ruling offers further guidance on the meaning of "ongoing compliance issues," says Matthew Iverson at Nelson Mullins.

  • How Project 2025 Could Upend Federal ESG Policies

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    If implemented, Project 2025, the Heritage Foundation's policy playbook for a Republican presidential administration, would likely seek to deploy antitrust law to target ESG initiatives, limit pension fund managers' focus to pecuniary factors and spell doom for the U.S. Securities and Exchange Commission's climate rule, say attorneys at Mintz.

  • E-Signature Best Practices For Employers After Calif. Ruling

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    In Garcia v. Stoneledge Furniture, a California appellate court found an arbitration agreement invalid after an employee raised doubts about the authenticity of its e-signature, underscoring the importance of employers implementing additional measures to verify the authenticity of electronically signed documents, say Ash Bhargava and Reece Bennett at Atkinson Andelson.

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