Appellate

  • February 26, 2025

    'Congress Favors Arbitration' In EB-5 Suit, 11th Circ. Told

    A Canadian citizen who is accused in a Florida lawsuit of defrauding foreign investors told the Eleventh Circuit in a hearing Wednesday that a lower court wrongfully sent the case back to state court and denied a request to halt proceedings, telling the panel that "Congress favors arbitration."

  • February 26, 2025

    Trucking Cos. Can't Be Hauled Into Fla. Court Over Ga. Crash

    A Florida appeals court ruled Wednesday that a trucker and two companies that employed him don't have to face a wrongful death suit in the state over a deadly crash that occurred 10 miles north of the Florida-Georgia line.

  • February 26, 2025

    2nd Circ. Won't Revive Federal Claims In Uniswap Crypto Suit

    The Second Circuit affirmed Wednesday that Uniswap Labs and its venture capital backers can't be held liable under federal securities law for the sale of so-called scam tokens on the decentralized Uniswap exchange, but directed the New York federal judge who tossed the buyers' suit to take another look at their state law claims.

  • February 26, 2025

    No DQ For Norton Rose In Texas Competition Row, Court Says

    Norton Rose Fulbright shouldn't be disqualified in a competitive spat between two industrial maintenance companies even though the firm has represented both entities in recent years, a state appeals court has ruled.

  • February 26, 2025

    Fed. Circ. Won't Let Micron Out Of Sharing Source Code

    The Federal Circuit held Wednesday that Micron Technology Inc. can't get out of handing over what the company deemed "highly confidential" source code to Yangtze Memory Technologies Co. Ltd. in an ongoing dispute over flash memory chip patents.

  • February 26, 2025

    Committee Advances Conn. Appeals Judge's Nom To Top Court

    The Connecticut legislature's joint judiciary committee on Wednesday advanced the nomination of Appellate Court Chief Judge William H. Bright Jr. to the state's Supreme Court and send the names of a dozen other hopefuls — including attorneys from Lewis Brisbois Bisgaard & Smith LLP, Morgan Lewis & Bockius LLP and Shipman & Goodwin LLP — to the full legislature for consideration.

  • February 26, 2025

    Texas Chief Justice Blasts ABA, Urges 'Politically Neutral' Bar

    Texas Supreme Court Justice Jimmy Blacklock urged state lawmakers Wednesday to approve judicial pay hikes while denouncing the American Bar Association's criticism of federal policies and calling for the state bar to remain "politically neutral."

  • February 26, 2025

    Trade Group Urges 6th Circ. To Undo Moot NLRB Memo Ruling

    Michigan builders are seeking to undo a ruling axing their challenge to a Biden-era policy targeting mandatory anti-union meetings now that the National Labor Relations Board's acting general counsel has withdrawn the directive. 

  • February 26, 2025

    Solicitor General Pick Says Trump Won't Skirt Court Orders

    President Donald Trump's pick for U.S. Solicitor General told senators Wednesday that he saw no "plausible scenario" in which the president would defy a court order despite contrary suggestions from members of his administration, frustrating Democrats during a committee hearing on three U.S. Department of Justice nominees.

  • February 26, 2025

    Defunct Fla. Law Firm Can't Revive Suit Over Theft Case

    A Florida state appeals court has refused to revive defunct law firm Glary & Israel PA's malpractice suit against another firm for failing to sue a bank over theft by Glary & Israel's bookkeeper's.

  • February 26, 2025

    Justices Open To Nixing Higher Hurdle For Heterosexual Bias

    The U.S. Supreme Court hinted Wednesday that it will find heterosexual bias claims should not be held to a stricter burden of proof when it decides if an Ohio agent discriminated against a worker because she's straight, with Justice Samuel Alito noting "radical agreement" among the parties that the Sixth Circuit held her to a higher standard than other Title VII plaintiffs.

  • February 26, 2025

    In-Office Lobbying Ban Is Legal, Fla. Tells 11th Circ.

    The Florida Commission on Ethics defended a voter-approved state ban on lobbying by public officials to the Eleventh Circuit on Wednesday, arguing that the ban carefully balances protecting elected officials' speech with the government's interest in preventing corruption.

  • February 26, 2025

    Vets Press 9th Circ. To Affirm LA Campus Housing Judgment

    A group of veterans' organizations, retired military officers and legal scholars are urging the Ninth Circuit to uphold a California federal judge's decision that the federal government must build veterans housing on a Los Angeles campus, saying such housing is greatly needed and complies with federal law.

  • February 26, 2025

    DC Judge Extends Order Keeping Special Counsel In Place

    A D.C. federal judge on Wednesday ordered the Trump administration to keep the fired head of the U.S. Office of Special Counsel in the post for another three days while the court deliberates the merits of the federal employment watchdog's claims that President Donald Trump lacks the authority to remove him from office without cause.

  • February 26, 2025

    Trump Can't Enact Birthright Citizenship Order During Appeal

    A Massachusetts federal judge on Wednesday left in place a block on President Donald Trump's would-be order restricting birthright citizenship, rejecting a bid by the administration to implement the executive action while it appeals the matter to the First Circuit.

  • February 26, 2025

    7th Circ. Backs Black Mail Carrier Over Remarks From Bosses

    The Seventh Circuit said a trial court was too quick to toss a Black former mail carrier's claim that she was harassed when supervisors at the U.S. Postal Service called her "the help," ruling that the comments were frequent enough to show the mistreatment was pervasive.

  • February 26, 2025

    Mass. High Court Reaffirms No Private Right To Atty Discipline

    Massachusetts' highest court on Wednesday reaffirmed that there is no private right of action to compel the state bar to open an investigation or disciplinary proceedings.

  • February 26, 2025

    Supreme Court Backs Broad View Of Lawsuit Revival Rule

    Despite fears of "litigation gamesmanship," the U.S. Supreme Court held Wednesday that cases dismissed voluntarily can later be eligible for special judicial relief and reopening, even if a statute of limitations would typically block the lawsuit.

  • February 26, 2025

    Justices Vacate TM Award That Put Co.'s Affiliates On Hook

    The U.S. Supreme Court on Wednesday vacated an award that reached nearly $47 million in a trademark dispute that questioned whether affiliates of a real estate development company should be liable for the payment even though they were not defendants in the case.

  • February 25, 2025

    High Court Mulls Bounds Of Supervised Release Sentencing

    Lower court judges have strayed from what Congress says are the only factors that may be considered when sentencing offenders for violating their supervised release, the Supreme Court heard Tuesday, as the justices address a circuit split regarding the purposes of such sentences.

  • February 25, 2025

    En Banc DC Circ. Wrestles With FEC Enforcement Discretion

    The en banc D.C. Circuit grappled Tuesday with a line of its own cases that restrict judges from scrutinizing federal election regulators when they decline to investigate campaign finance complaints, questioning how to approach nonenforcement decisions that invoke commissioners' discretion.

  • February 25, 2025

    NJ Court Revives Suit Over Fatal Parkway Crash

    A New Jersey appeals court on Tuesday reinstated a suit against the New Jersey Turnpike Authority alleging it failed to properly maintain a section of the Garden State Parkway that allegedly caused two motorists' deaths, saying the trial court failed to properly analyze whether governmental immunity applies.

  • February 25, 2025

    9th Circ. Won't Revive Consumers' Qualcomm Antitrust Suit

    The Ninth Circuit Tuesday declined to revive cellphone buyers' antitrust suit against Qualcomm, backing a California district court's rejection of the consumers' claim that Qualcomm's policy of refusing to sell chips to cellular manufacturers that did not license its patents ran afoul of California antitrust law.

  • February 25, 2025

    How To Track Trump's Legal Battles

    President Donald Trump has issued a historic number of executive orders and other actions during his first five weeks back in the White House, eliciting more than 80 legal challenges and setting the stage for major courtroom battles over birthright citizenship, presidential power, the federal government's structure and more. Law360 has created a database to keep track of them all.

  • February 25, 2025

    Primary Sponsor Of Del.'s Corporate Law Rework Defends Bill

    Delaware Senate Majority Leader Bryan Townsend cited the "urgency of the moment" Tuesday during an interview with Law360 on fast-tracking proposed amendments to the state's General Corporation Law, aimed at increasing protections from liability for directors, officers and controlling stockholders in an effort to stem a feared corporate exodus from The First State.

Expert Analysis

  • The Fed. Circ. In October: Aetna And License-Term Review

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    The Federal Circuit's recent decision that Aetna's credit card licensing agreement with AlexSam did not give the insurer immunity from patent infringement claims serves to warn licensees to read their contracts carefully, say attorneys at Knobbe Martens.

  • Recent Developments In Insurance Coverage For FCA Claims

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    As the U.S. Department of Justice continues its vigorous False Claims Act enforcement, companies looking to their insurers to help defray the costs of an investigation or settlement should note recent decisions on which types of policies cover FCA claims, which policy periods apply and which portions of FCA-related losses are covered, say attorneys at Covington.

  • Striking A Balance Between AI Use And Attorney Well-Being

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    As the legal industry increasingly adopts generative artificial intelligence tools to boost efficiency, leaders must note the hidden costs of increased productivity, and work to protect attorneys’ well-being while unlocking AI’s full potential, says Ed Sohn at Factor.

  • Boosting Confidence In Pennsylvania's Election System

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    As Election Day nears, Pennsylvania is facing an intense flurry of litigation, including an appeal to the U.S. Supreme Court centered on mail-in and provisional ballots, but the state's election system is robust, and attorneys from all practice areas have an important role to play in ensuring confidence in and access to our election system, says Bucks County Commissioner Bob Harvie.

  • Takeaways From The IRS' Crypto Doc Summons Win

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    A recent First Circuit decision holding that taxpayers do not have a Fourth Amendment reasonable expectation of privacy in cryptocurrency transaction records should prompt both taxpayers and exchanges to take stock of past transactions and future plans, say attorneys at BakerHostetler.

  • A Novel Expansion Of Alien Tort Statute In 9th Circ.

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    The Ninth Circuit's Doe v. Cisco rehearing denial allows a new invocation of the Alien Tort Statute to proceed, which could capture the U.S. Supreme Court's attention, and has potentially dramatic consequences for U.S. companies doing business with foreign governments, say attorneys at Ropes & Gray.

  • Empathy In Mediation Offers A Soft Landing For Disputes

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    Experiencing a crash-landing on a recent flight underscored to me how much difference empathy makes in times of crisis or stress, including during mediation, says Eydith Kaufman at Alternative Resolution Centers.

  • Series

    Being An Artist Makes Me A Better Lawyer

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    My work as an artist has highlighted how using creativity and precision together — qualities that are equally essential in both art and law — not only improves outcomes, but also leads to more innovative and thoughtful work, says Sarah La Pearl at Segal McCambridge.

  • Reading Tea Leaves In Fed. Circ. Deep Dive On Review Scope

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    Roy Wepner at Kaplan Breyer investigates why a recent Federal Circuit opinion spent six pages explaining its unsurprising conclusion on proper scope of review — that no deference need be afforded to the trial court in a case dismissed for failure to state a claim.

  • How Judiciary Can Minimize AI Risks In Secondary Sources

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    Because courts’ standing orders on generative artificial intelligence and other safeguards do not address the risk of hallucinations in secondary source materials, the judiciary should consider enlisting legal publishers and database hosts to protect against AI-generated inaccuracies, say attorneys at Lankler Siffert & Wohl.

  • Newly Acquired Information Can Be Key In Drug Label Cases

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    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

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    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

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    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

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    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

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    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.

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