Appellate

  • March 18, 2025

    Tax Court Cleared To Resolve IRS Offset Feud, Justices Told

    The U.S. Tax Court can still adjudicate a case challenging an Internal Revenue Service collection action even after the agency tried to improperly zero out the disputed liability in an attempt to dismiss the suit, a New Jersey woman told the U.S. Supreme Court.

  • March 18, 2025

    DC Circ. Seems Divided Over Firings Of Agency Officials

    A D.C. Circuit panel on Tuesday questioned whether nearly century-old U.S. Supreme Court protections for some federal agency officials cover members of the Merit Systems Protection Board and National Labor Relations Board.

  • March 18, 2025

    Split 7th Circ. Says Texts For Free Services Don't Violate TCPA

    A divided Seventh Circuit panel on Monday refused to revive a putative Telephone Consumer Protection Act class action over a company's texts and calls offering free nutritional services through the lead plaintiff's state and Medicaid funded healthcare plan, finding the messages weren't telephone solicitations because he wasn't being encouraged to purchase anything.

  • March 18, 2025

    DC Circ. Gives FERC Chance To Redo LNG Project Approvals

    The D.C. Circuit Tuesday said it would allow the Federal Energy Regulatory Commission to fix problems in its reauthorizations for two natural gas projects in Texas, revising an August 2024 decision vacating the reauthorizations altogether after the commission said President Donald Trump's revocation of environmental orders should clear them.

  • March 18, 2025

    Ohio Appeals Court Blocks Trans Care Restrictions

    An Ohio state appeals court on Tuesday ruled that a portion of a state law restricting gender-affirming care for transgender youth was unconstitutional, overturning a county court judge's decision siding with the state. 

  • March 18, 2025

    10th Circ. Pokes Holes In Walmart's Defenses In Bias Suit

    A talkative Tenth Circuit panel seemed inclined Tuesday to revive a Walmart employee's lawsuit alleging he was discriminated against for being gay, as the court's chief judge appeared incredulous that evidence of slurs and other derogatory comments being thrown around the workplace weren't enough to sustain his harassment claim.

  • March 18, 2025

    Karen Read Asks 1st Circ. To Intervene As 2nd Trial Looms

    Karen Read on Tuesday asked the First Circuit to consider her so far unsuccessful bid to claim double jeopardy to avoid another trial for allegedly killing her boyfriend with her SUV, telling the panel that the trial judge assumed, but never verified, that the first jury was deadlocked on all charges.

  • March 18, 2025

    99 Hudson Developer Loses Appeal In Buyers' NJ Fraud Suit

    A New Jersey state judge's refusal to send a fraud lawsuit against the developer of the 99 Hudson condominium complex in Jersey City to arbitration was valid, a state appellate panel ruled Tuesday, saying the contract lacked clear language that the plaintiffs were waiving their statutory right to seek relief in court.

  • March 18, 2025

    Kaiser Insurer Says Ch. 11 Plan Doesn't Protect Against Fraud

    Truck Insurance Exchanged told a panel of Fourth Circuit judges Tuesday that the confirmed Chapter 11 plan of Kaiser Gypsum Co. should be overturned as a bad faith filing because it doesn't impose simple measures to prevent asbestos injury claim fraud.

  • March 18, 2025

    News Union Backs NLRB Order Against Pittsburgh Paper

    The Pittsburgh Post-Gazette bargained in bad faith with its reporters' union by insisting on unilateral control over their job terms based on vague concerns about the journalism industry, the union told the Third Circuit, urging a panel to enforce a National Labor Relations Board ruling.

  • March 18, 2025

    11th Circ. Upholds GE Arb. In Algerian Power Plant Lawsuit

    An Eleventh Circuit panel on Tuesday affirmed a lower court's ruling forcing reinsurers of an Algerian power plant into arbitration over a $28 million turbine failure, saying the plant's owner ultimately benefited from the services contract between General Electric and the plant operator.

  • March 18, 2025

    Texas Tells 5th Circ. Trump Executive Order Nixes Pay Ruling

    The Texas attorney general told the Fifth Circuit that its ruling in favor of the Biden administration's mandate increasing the minimum wage for federal contractors to $15 per hour must now be thrown out because President Donald Trump overturned the rule in an executive order last week.

  • March 18, 2025

    NC Dance Teams' TM Feud Likened To MLB Rivalry At 4th Circ.

    An attorney for a North Carolina charter school on Tuesday used one of the biggest rivalries in Major League Baseball to illustrate for the Fourth Circuit how two former teachers stole its alleged dance team trademark and used pictures of the school's team to trick parents.

  • March 18, 2025

    Chief Justice Speaks Out After Trump's Impeachment Push

    U.S. Supreme Court Chief Justice John G. Roberts Jr. issued a rare statement Tuesday saying "impeachment is not an appropriate response to disagreement concerning a judicial decision" after President Donald Trump called for impeaching a judge who blocked the deportation of Venezuelans.

  • March 18, 2025

    DC Circ. Denies Copyright For AI-Created Artwork

    The D.C. Circuit on Tuesday rejected an inventor's appeal to obtain a copyright for an artwork made by his artificial intelligence system, affirming the stance from the U.S. Copyright Office that the law protects only human creations.

  • March 17, 2025

    US Chamber Says FCA Qui Tam Provisions Unconstitutional

    The U.S. Chamber of Commerce on Monday endorsed a legal challenge aimed at bringing down the whistleblower provisions in the False Claims Act, arguing there is a "manifest conflict between the modern FCA's qui tam provisions and Article II's text."

  • March 17, 2025

    Novartis Nabs Partial Ban Against MSN's Heart Drug Generic

    Novartis AG succeeded Monday in blocking a competitor from potentially selling a similar-looking generic drug for treating heart failure, with a New Jersey federal judge remarking that MSN Laboratories Pvt. Ltd. "could have distinguished its pills," though she was less convinced that the name "Novadoz" was confusingly similar to "Novartis."

  • March 17, 2025

    Biz Groups Push For High Court Review Of Cisco Spying Case

    National business groups are urging the U.S. Supreme Court to overturn a Ninth Circuit decision reviving a suit from a class of Falun Gong practitioners alleging that Cisco aided in the Chinese government's crackdown on the religious movement, claiming that the circuit's ruling could chill foreign investment and disadvantage American companies.

  • March 17, 2025

    Insurers Fight For Arbitration In La. Hurricane Damage Dispute

    A group of insurers is urging the Fifth Circuit to send its dispute with a Louisiana municipality over coverage for property damage caused by a pair of Category 4 hurricanes to arbitration, despite an opposing ruling last fall by the state's top court.

  • March 17, 2025

    4th Circ. Revives Tenant's FCRA Suit Over Disputed Debt

    The Fourth Circuit has revived a tenant's lawsuit over an allegedly bogus charge from her landlord, ruling that collection agencies are not exempt from their obligation to investigate Fair Credit Reporting Act claims if they involve a legal dispute.

  • March 17, 2025

    NJ Justices Deem Commissions Protected Under Wage Law

    The New Jersey Supreme Court clarified in a unanimous opinion Monday that workers who make commissions are subject to state wage law protections, handing a win to an employee who sold more than $32 million in personal protective equipment during three months of the COVID-19 pandemic.

  • March 17, 2025

    Del. Corporate Law Rework Has Roots In 2 Academic Papers

    A proposed overhaul of Delaware's corporations law that has rocked the First State's legal world has its origins in two works published in 2021 and 2001, written by some of the same jurists who helped draft legislation driven by alarm over corporate charter exits and shareholder suits.

  • March 17, 2025

    9th Circ. Says Capital One Cyberattacker Sentence Too Light

    A split Ninth Circuit panel Monday said a lower court judge was too lenient in sentencing a former Amazon.com Inc. coder to probation for orchestrating one of the nation's latest data breach crimes, finding that the district court judge erred in finding her actions were not "malicious."

  • March 17, 2025

    Judge Questions DOJ Timing Of Deportations After Injunction

    U.S. Chief District Judge James Boasberg admonished the Trump administration Monday for its seeming noncompliance with an oral order to turn around flights carrying Venezuelans who were deported under a presidential proclamation invoking the 1798 Alien Enemies Act.

  • March 17, 2025

    DC Circ. Skeptical Of Killing $200M Toll Road Arbitration Award

    The D.C. Circuit seemed to have its doubts Monday about the Peruvian city of Lima's argument that it should overturn the confirmation of a $200 million arbitral award over a failed toll road construction project because the lower court ignored its claim that the contract was acquired via bribe.

Expert Analysis

  • Mich. Ruling Offers View On 'Occurrence' Coverage Definition

    Author Photo

    As demonstrated by a Michigan state court in its recent decision finding per-wound insurance coverage for a school shooting, the amount of coverage available under occurrence-based policies often depends on how courts interpret "occurrence," say attorneys at Hunton.

  • Rejoinder Strategy After Allergan Double-Patenting Case

    Author Photo

    A closer look at last year's Allergan v. MSN case at the Federal Circuit highlights the importance of rejoinder during patent prosecution in view of the risks associated with obviousness-type double patenting based on later-filed applications in the same patent family, say attorneys at BCLP.

  • What FARA Enforcement In 2024 Reveals For The Year Ahead

    Author Photo

    A number of developments, from indictments to legislation, shaped the Foreign Agents Registration Act enforcement landscape last year, and following the U.S. Department of Justice's recently released long-awaited proposed amendments to the law, 2025 shows no signs of slowing down, says Tessa Capeloto at Wiley.

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

    Author Photo

    Litigation will likely play a prominent role in shaping policy outcomes during the second Trump administration, and stakeholders have several tools at their disposal to steer regulatory litigation toward more favorable venues, say attorneys at Covington.

  • Lessons Learned From 2024's Top FMLA Decisions

    Author Photo

    Last year's major litigation related to the Family and Medical Leave Act underscores why it is critical for employers to understand the basics of when leave and accommodations are required, say attorneys at Dechert.

  • 5th Circ.'s Nasdaq Ruling Another Piece In DEI Policy Puzzle

    Author Photo

    The Fifth Circuit's recent en banc opinion vacating Nasdaq's board diversity listing rule wades into the hotly debated topic of diversity, equity and inclusion initiatives at a time when many public companies are navigating the attention that DEI commitments are drawing from activists and shareholders, say attorneys at Debevoise.

  • Lessons Learned From 2024's Top ADA Decisions

    Author Photo

    Last year's major litigation related to the Americans with Disabilities Act highlights that when dealing with accommodation requests, employers must communicate clearly, appreciate context and remain flexible in addressing needs, say attorneys at Dechert.

  • Series

    Playing Esports Makes Me A Better Lawyer

    Author Photo

    Competing in a global esports tournament at Wimbledon last year not only fulfilled my childhood dream, but also sharpened skills that are essential to my day job, including strategic thinking, confidence and networking, says AJ Schuyler at Jackson Lewis.

  • The 6 Most Significant FCRA Litigation Developments Of 2024

    Author Photo

    From a key sovereign immunity decision at the U.S. Supreme Court to a ruling on creditworthiness out of the Seventh Circuit, several important Fair Credit Reporting Act cases wound their way through the courts in 2024, each offering takeaways for both plaintiffs and defendants, say attorneys at Shipkevich.

  • Fed. Circ. In December: A Patent Prosecution History Lesson

    Author Photo

    Despite relying on two rock-solid principles of patent law, DDR lost its Federal Circuit case against Priceline.com, highlighting how a change in the scope of the invention from the provisional to the nonprovisional application can affect the court's analysis of how a skilled artisan would understand claim terms after reading the prosecution history, say attorneys at Knobbe Martens.

  • An Associate's Guide To Career Development In 2025

    Author Photo

    As the new year begins, associates at all levels should consider establishing career metrics, fostering key relationships and employing other specific strategies to help move through the complexities of the legal profession with confidence and emerge as trailblazers, say EJ Stern and Amanda George at Fractional Law Firm.

  • The Securities Litigation Trends That Will Matter Most In 2025

    Author Photo

    2025 is shaping up to be a significant year for securities litigation, as plaintiffs and defendants alike navigate shifting standards for omission theories of liability, class certification, risk disclosure claims and more, say attorneys at Willkie.

  • What To Watch For In The 2025 Benefits Landscape

    Author Photo

    While planning for 2025, retirement plan sponsors and service providers should set their focus on phased implementation deadlines under both Secure 1.0 and 2.0, an upcoming U.S. Supreme Court ruling, and the fate of several U.S. Department of Labor regulations, says Allie Itami at Lathrop GPM.

  • Reviewing 2024's Crucial Patent Law Developments

    Author Photo

    As 2024 draws to a close, significant rulings and policies aimed at modernizing long-standing legal practices or addressing emerging challenges have reached patent law, says Michael Ellenberger at Rothwell Figg.

  • Contract Disputes Recap: Adjustments, Preclusion, Waivers

    Author Photo

    Ken Kanzawa at Seyfarth examines three recent decisions from the Civilian Board of Contract Appeals, the U.S. Court of Federal Claims and the Armed Services Board of Contract Appeals that examine distinctions between requests for equitable adjustments and claims, forum selection and res judicata, and the waiver of penalties for expressly unallowable costs.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Appellate archive.
Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!