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Featured
How Barrett Became The High Court's Justice To Watch
Justice Amy Coney Barrett has revealed a unique trifecta of caution toward overly broad opinions, devotion to the factual record and concern for the practical effects of court rulings that separates her from the other right-leaning justices and contains the potential to broker more moderate rulings in future terms.
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August 26, 2024
9th Circ. Won't Renew Seattle Homeowners' Insurance Row
A group of Seattle homeowners cannot force Security National Insurance Co. to help cover a nearly $617,000 default judgment in an underlying construction defect dispute against its insured, the Ninth Circuit ruled, finding exclusions barring coverage for new construction applicable.
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August 26, 2024
Hikma Urges Full Fed. Circ. To End Vascepa Skinny-Label Suit
Hikma Pharmaceuticals has asked the full Federal Circuit to intervene after a panel determined it must face infringement litigation over its generic version of Amarin Pharma Inc.'s blockbuster cardiovascular drug Vascepa.
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August 26, 2024
Gov't Looks To Limit Arguments In Rail Merger Appeal
The federal government urged the D.C. Circuit not to let a coalition of Illinois towns challenging the approval of Canadian Pacific's $31 billion merger with Kansas City Southern incorporate arguments made by Chicago's commuter rail system before the system dropped out of the case.
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August 26, 2024
In Ga., Trump Renews Willis DQ Bid Over 'Insidious' Speech
Former President Donald Trump on Monday renewed his push to have Fulton County District Attorney Fani Willis booted from his Georgia election interference case, telling the state's Court of Appeals that her "insidious, calculated" remarks about the case during a public speech this year have shown her clear prosecutorial bias.
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August 26, 2024
Ex-FCC Republican Urges 6th Circ. To Tank Net Neutrality
A former Republican on the Federal Communications Commission who helped overturn net neutrality rules when the agency leadership was in GOP hands has pressed the Sixth Circuit to snuff out the Democratic FCC's effort to revive the policy.
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August 26, 2024
4th Circ. Won't Free Insurance Mogul From $542M Judgment
Convicted insurance mogul Greg Lindberg was dealt a blow by the Fourth Circuit on Monday when the court found that he was liable for a $524 million arbitration award stemming from a fight over a reinsurance agreement with an insurer.
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August 26, 2024
Pa. Goodwill Qualifies For Charitable Exemption, Court Says
A Goodwill store in Pennsylvania qualifies for a charitable exemption from property tax, the state's Commonwealth Court ruled Monday, finding the store satisfies constitutional requirements for the exemption by providing employee training and driver's training.
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August 26, 2024
Texas Biz Court: Getting To Know The Lone Star State's New Bench
Judges of Texas' new statewide business court will gavel in on Sept. 1, when they will begin hearing certain complex business disputes in which the amount in controversy exceeds $5 million. Here, catch up with Law360's coverage of the Lone Star State's newest courts.
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August 26, 2024
Dallas Biz Judge Whitehill On Serving A Critical Need
As Texas continues to grow, Business Court Judge William "Bill" Whitehill sees the state becoming more and more of an international hub for business and finance. Here, Law360 speaks with Judge Whitehill about the newly created business courts, which he says will give businesses around the world a chance to litigate their disputes with predictability.
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August 26, 2024
Fort Worth Biz Judge Stagner On Bringing Stability To Bench
Texas Business Court Judge Brian Stagner has litigated across the U.S. and when presented the opportunity to serve as a judge in the newly created court, Stagner thought, "Why should Delaware have all the fun?"
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August 26, 2024
Fort Worth Biz Judge Bullard Focused On Giving Back
While Texas Business Court Judge Jerry Bullard never aspired to the bench, encouragement from the Fort Worth legal community and the idea of being a part of something new nudged him into serving. Here, Law360 speaks with Judge Bullard about the new court.
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August 26, 2024
Substitute Atty Must Get Access To Discovery, NJ Panel Says
The attorney representing the estate of a murdered New Jersey mobster-turned-informant must be given access to confidential discovery information that was provided to a previous attorney on the case, the state Appellate Division ruled today.
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August 26, 2024
5th Circ. Holds Off On Gulf Fishery Council Rule Challenge
The Fifth Circuit on Friday ordered a Mississippi federal judge to decide key issues that went unaddressed in his ruling upholding a fishing limit in the Gulf of Mexico, saying that new case law must be applied before it handles the appeal.
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August 26, 2024
Texas Cases To Watch In Last Half Of 2024
Courts across the state are poised to make decisions in several high-stakes cases over the next several months, including ruling on whether Texas Attorney General Ken Paxton can be deposed in a long-running employment retaliation suit and whether a challenge to Texas' floating Rio Grande barrier must be tried before a jury.
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August 26, 2024
Catching Up With Delaware's Chancery Court
Last week in Delaware's Court of Chancery, Boeing accused shareholders of using a new pressure tactic, Cantor Fitzgerald struck a $12 million deal, and a vice chancellor dealt with zombie companies. New cases involved displaced Pacific Islanders and an insurance customer acquisition platform. In case you missed it, here's a roundup of news from the Chancery Court.
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August 26, 2024
Ex-Branscomb Atty Must Comply With Arbitration Award
A Texas appellate court said that a former attorney with Branscomb PC must abide by an arbitration award issued in his dispute over his termination from the firm, writing that if he had an issue with the award, he should have raised it with the arbitrator.
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August 26, 2024
Energy Cases To Watch In The 2nd Half Of 2024
Even after an action-packed first half of 2024, plenty of high-stakes energy litigation remains, including a new twist in the prolonged battle over climate change lawsuits against fossil fuel companies, as well as cases that could influence federal climate change policy. Here are several cases energy attorneys will be watching in the second half of the year.
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August 23, 2024
Abbott Judge Suggests $54M Judgment In Test Strip TM Case
A New York federal magistrate judge has recommended that default judgments totaling more than $54 million be entered against 85 companies and individuals who didn't respond to Abbott Laboratories' nearly decade-old trademark suit over gray-market diabetes test strips, according to a report and recommendation filed Thursday.
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August 23, 2024
Justices Urged To Tackle Arbitral 'Manifest Disregard' Split
A former Morgan Stanley financial adviser is asking the U.S. Supreme Court to review an appellate panel's refusal to toss the bank's arbitral award and revive his $13.7 million counterclaims, arguing that the dispute presents the ideal vehicle to resolve the "clear" circuit split over whether "manifest disregard of the law" remains a valid ground for vacating such awards.
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August 23, 2024
9th Circ. Reverses 'Patent Misuse' Ruling Against CR Bard
The Ninth Circuit on Friday reversed a decision that cleared Atrium Medical Corp. in a $52.8 million breach of contract suit by C.R. Bard, concluding that the lower court wrongly held that Bard engaged in patent misuse by seeking royalties after its medical device patent expired.
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August 23, 2024
Google Pushes To Depose A Texas Official In Biometric Suit
Google is crying foul in a state court of appeals over Texas' refusal to let it take a deposition of either a representative or an employee of the Texas Office of the Attorney General, saying in a petition that it was forced to defend itself without full discovery.
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August 23, 2024
Wash. Justices Affirm Convicted Ex-State Auditor Disbarment
The Washington Supreme Court affirmed a recommendation to disbar convicted former state auditor Troy X. Kelley after he was imprisoned on felony theft charges, finding that Kelley's crimes justified the disbarment sanction.
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August 23, 2024
Insurer Must Cover Flooded Basements, Mich. Panel Says
An insurer must pay a property owner over $150,000 in damages stemming from drain backups and water damage, a Michigan state appeals court ruled, finding that the property owner inquired about increased coverage before the discovery of the loss.
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August 23, 2024
Mo. Appeals Court OKs Expunging THC Possession Charges
A Missouri appeals court has determined that, under the state's recent cannabis legalization law, offenses for possession of THC must be expunged in the same manner that marijuana possession offenses are.
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August 23, 2024
American Airlines Keeps Win In Passenger's False Arrest Suit
A Texas appellate court has upheld the dismissal of a passenger's suit against American Airlines Inc. over his misidentification and wrongful arrest, saying the airline and its then-employee did not have a duty to protect him from false arrest or keep his information from law enforcement when lawfully subpoenaed.
Editor's Picks
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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.
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High Court Flexes Muscle To Limit Administrative State
The U.S. Supreme Court's dismantling of a 40-year-old judicial deference doctrine, coupled with rulings stripping federal agencies of certain enforcement powers and exposing them to additional litigation, has established the October 2023 term as likely the most consequential in administrative law history.
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Law360's Guide To Biden's Judicial Picks
UPDATED August 1, 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
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Calif. Ruling Clarifying Paystub Compliance Is Win For Cos.
In rare good news for California employers, the state Supreme Court recently clarified that workers couldn’t win extra penalties in wage and hour cases by claiming their employer intentionally violated state paystub law if the employer believed it had complied in good faith, say Drei Munar and Kirk Hornbeck at Hunton.
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Open Questions 3 Years After 2nd Circ.'s Fugitive Ruling
The Second Circuit’s 2021 decision in U.S. v. Bescond, holding that a French resident indicted abroad did not meet the legal definition of a fugitive, deepened a circuit split on the fugitive disentitlement doctrine, and courts continue to grapple with the doctrine’s reach and applicability, say attorneys at Lankler Siffert.
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Replacing The Stigma Of Menopause With Law Firm Support
A large proportion of the workforce is forced to pull the brakes on their career aspirations because of the taboo surrounding menopause and a lack of consistent support, but law firms can initiate the cultural shift needed by formulating thoughtful workplace policies, says Barbara Hamilton-Bruce at Simmons & Simmons.
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Series
After Chevron: The Future Of AI And Copyright Law
In the wake of the U.S. Supreme Court’s recent decision to overrule the Chevron doctrine, leaders in the artificial intelligence industry may seek to shift the balance of power to courts to exercise more independent statutory interpretation without constraints from the U.S. Copyright Office, says Greg Derin at Signature Resolution.
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Class Actions At The Circuit Courts: August Lessons
In this month's review of class action appeals, Mitchell Engel at Shook Hardy considers certification cases touching on classwide evidence of injury from debt collection practices, defining coupon settlements under the Class Action Fairness Act, proper approaches for evaluating attorney fee awards in class action settlements, and more.
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Planning Law Firm Content Calendars: What, When, Where
During the slower month of August, law firms should begin working on their 2025 content calendars, planning out a content creation and distribution framework that aligns with the firm’s objectives and maintains audience engagement throughout the year, says Jessica Kaplan at Legally Penned.
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3 Presidential Privilege Questions After Trump Ruling
The U.S. Supreme Court's recent decision in Trump v. U.S., carving out a new evidentiary privilege for presidents, leaves unanswered several key questions concerning whether this new privilege is waivable or subject to various exceptions, says Jeremy Bates at Frankfurt Kurnit.
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Notable Q2 Updates In Insurance Class Actions
Mark Johnson and Mathew Drocton at BakerHostetler discuss the muted nature of the property and casualty insurance class action space in the second quarter of the year, with no large waves made in labor depreciation and total-loss vehicle class actions, but a new offensive theory emerging for insurance companies.
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What To Know About Major Fla. Civil Procedure Rule Changes
The Florida Supreme Court recently amended the state's Rules of Civil Procedure, touching on pretrial procedure, discovery, motion and trial practice, and while the amendments are intended to streamline cases, the breadth of the changes may initially present some litigation growing pains, say Brian Briz, Benjamin Tyler and Yarenis Cruz at Holland & Knight.
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Prior Art Takeaways From Fed. Circ. Public Disclosure Ruling
While the Federal Circuit’s recent ruling in Sanho v. Kaijet clarified that a private sale is not a public disclosure under patent law, there remains significant room for advocacy, as the opinion lacked meaningful guidance on how to satisfy the public disclosure exception to prior art, says Derrick Carman at Robins Kaplan.
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Series
Playing Golf Makes Me A Better Lawyer
Golf can positively affect your personal and professional life well beyond the final putt, and it’s helped enrich my legal practice by improving my ability to build lasting relationships, study and apply the rules, face adversity with grace, and maintain my mental and physical well-being, says Adam Kelly at Venable.
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2 High Court Rulings Boost Protections Against Gov't Reprisal
The U.S. Supreme Court’s recent decisions in Gonzalez v. Trevino and Chiaverini v. City of Napoleon significantly strengthen legal protections against retaliatory arrests and malicious prosecution, and establish clear precedents that promote accountability in law enforcement, say Corey Stoughton and Amanda Miner at Selendy Gay.
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Law Firms Should Move From Reactive To Proactive Marketing
Most law firm marketing and business development teams operate in silos, leading to an ad hoc, reactive approach, but shifting to a culture of proactive planning — beginning with comprehensive campaigns — can help firms effectively execute their broader business strategy, says Paul Manuele at PR Manuele Consulting.
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3 High Court Rulings May Shape Health Org. Litigation Tactics
Three separate decisions from the U.S. Supreme Court's most recent term — Loper Bright, Corner Post and Jarkesy — will likely strengthen healthcare organizations' ability to affirmatively sue executive agencies to challenge regulations governing operations and enforcement actions, say attorneys at McDermott.
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Opinion
The Big Issues A BigLaw Associates' Union Could Address
A BigLaw associates’ union could address a number of issues that have the potential to meaningfully improve working conditions, diversity and attorney well-being — from restructured billable hour requirements to origination credit allocation, return-to-office mandates and more, says Tara Rhoades at The Sanity Plea.