Appellate

  • October 21, 2024

    Colo. Tenants Facing Eviction Are Entitled To Jury Trials

    The Colorado Supreme Court ruled Monday that tenants in the state have a right to jury trials in eviction actions filed by their landlords if factual disputes exist in the case.

  • October 21, 2024

    1st Astroworld Trial Pushed As Travis Scott Drops Appeal

    Rapper Travis Scott has dropped his bid for settlement information from several Astroworld plaintiffs, telling a Texas appellate court that the first plaintiffs scheduled to have their day in court will no longer be heading to trial this week.

  • October 21, 2024

    DC Circ. Unsure Right Law Used To Challenge Alaska LNG Project

    Two conservation groups faced a skeptical D.C. Circuit panel on Monday in their challenge to the U.S. Department of Energy's reapproval of a $44 billion liquefied natural gas project in Alaska.

  • October 21, 2024

    9th Circ. Probes Bargaining Order Limits In 1st Cemex Review

    In the first court challenge to the National Labor Relations Board's landmark Cemex ruling, the Ninth Circuit grappled Monday with whether the labor board's new standard for issuing bargaining orders complies with a framework the U.S. Supreme Court set out more than 50 years ago.

  • October 21, 2024

    Ga. Justices Told To Reject Election Board's 'Power Grab'

    A former Georgia Republican lawmaker who successfully blocked a slate of controversial new election rules in the Peach State urged the state supreme court Monday not to reimpose the measures just weeks before Election Day while an appeal plays out.

  • October 21, 2024

    2nd Circ. Won't Revive $500M Plunge Suit Against Wells Fargo

    The Second Circuit on Monday refused to revive a proposed class action accusing Wells Fargo of causing a Chicago fund manager to lose at least $500 million by wrongfully forcing the liquidation of its mutual fund and other investments, finding that the district court was correct in dismissing the suit entirely.

  • October 21, 2024

    3M Asks 2nd Circ. To Keep Vermont PFAS Case In Fed Court

    3M Co. is asking the Second Circuit to reverse an order remanding a suit by the state of Vermont over "forever chemical" contamination back to state court, saying that it filed for removal as soon as it learned that the claims involved products from a facility that made products for the military.

  • October 22, 2024

    Post-Dobbs Ballot Questions May Spell Litigation With No End

    A record-setting number of abortion-related constitutional ballot questions this year has unleashed a wave of litigation over reproductive rights in the wake of the U.S. Supreme Court's Dobbs decision. But they may just be the start of the legal battles over the ballot measures.

  • October 22, 2024

    The State Supreme Court Races To Watch In November

    With dozens of states holding elections next month for more than 80 seats on their courts of last resort, a number of races could prove critical for the courts' ideological balances and important cases relating to abortion, voting rights and possibly even the outcome of the presidential election.

  • October 21, 2024

    5th Circ. Asked To Nix Insurer's $2.2M Assault Coverage Win

    A group of Texas trial lawyers urged the Fifth Circuit to reverse a Texas federal court's order permitting a bar's insurer to pay only its $1 million limit for a $3.2 million personal injury judgment, arguing the underlying plaintiffs made a valid presuit settlement demand.

  • October 21, 2024

    9th Circ. Revives Atty's ADA Suit Against Calif. Bar

    The State Bar of California may not have sovereign immunity that would allow it to duck an attorney's federal lawsuit claiming it failed to provide him with adequate disability accommodations during a bar exam amid the height of the COVID-19 pandemic, the Ninth Circuit said Monday.

  • October 21, 2024

    5th Circ. Says Doc's Roundup Cancer Suit Filed Too Late

    The Fifth Circuit won't upend summary judgments in favor of Monsanto Co. in a suit by the family of a doctor who they say died because of his exposure to the weedkiller Roundup, finding that the suit was filed well outside the time limit.

  • October 21, 2024

    Public Can Access Road Used By Thoreau, Mass. Court Says

    The public is still entitled to access portions of an 18th century road in the town of Concord once used by Henry David Thoreau and Ralph Waldo Emerson, a Massachusetts intermediate appellate court determined on Monday.

  • October 21, 2024

    Justices Pass On Cohen Suit Blaming Trump For Prison Stint

    The U.S. Supreme Court declined to take up a case brought against Donald Trump by his former personal attorney Michael Cohen, who claimed that he was vindictively put in prison for writing a memoir that painted the former president in a negative light.

  • October 21, 2024

    High Court Takes Case On Sentencing For Release Infractions

    The U.S. Supreme Court on Monday agreed to address a circuit split over what factors judges can consider when sentencing a person for violating conditions of supervised release, an issue estimated to affect thousands of defendants each year.

  • October 21, 2024

    High Court Won't Revisit New-Deal Removal Ruling Yet

    The U.S. Supreme Court declined Monday to review a case challenging presidential removal protections for commissioners of the Consumer Product Safety Commission, passing up the opportunity to revisit a New Deal-era precedent at the center of the modern regulatory system.

  • October 21, 2024

    High Court Will Review Clean Air Act Jurisdiction Cases

    The U.S. Supreme Court on Monday agreed to review Tenth Circuit and Fifth Circuit rulings that reached different conclusions about whether legal challenges to U.S. Environmental Protection Agency air pollution rules belong in the D.C. Circuit.

  • October 21, 2024

    Justices Turn Away Ex-Raytheon Workers' Vaccine Bias Suit

    The U.S. Supreme Court declined Monday to review the dismissal of a lawsuit alleging Raytheon Technologies Corp. harassed and forced out employees who received religious exemptions from its COVID-19 vaccine policy, despite workers' assertion that the Ninth Circuit applied erroneously narrow standards.

  • October 21, 2024

    Justices Nix GOP States' Intervention In Asylum Rule Talks

    The U.S. Supreme Court on Monday denied a group of Republican states' attempt to intervene in settlement talks between immigrant rights groups and the Biden administration over a rule limiting asylum at the southern border.

  • October 18, 2024

    Law360 MVP Awards Go To Top Attys From 74 Firms

    The attorneys chosen as Law360's 2024 MVPs have distinguished themselves from their peers by securing hard-earned successes in high-stakes litigation, complex global matters and record-breaking deals.

  • October 18, 2024

    Justices Urged To Undo Ruling Against Horse Racing Law

    The Horseracing Integrity and Safety Authority has pressed the U.S. Supreme Court to vacate a Fifth Circuit ruling against a federal law delegating horse safety regulation to the horse-racing authority, arguing that the law's framework is regularly upheld by other courts, according to a petition.

  • October 18, 2024

    Oklahoma Brings Title X Funding Cut Fight To Justices

    Oklahoma is asking the U.S. Supreme Court to review the Tenth Circuit's decision allowing the U.S. Department of Health and Human Services to cut Title X funding over the state's refusal to refer family planning patients for abortion care following the high court's Dobbs decision last year.

  • October 18, 2024

    Colo. County, Enviros Back DC Ruling In High Court Rail Fight

    Conservation groups and a Colorado county are urging the U.S. Supreme Court to affirm a D.C. Circuit ruling that overturned federal approval of a rail project proposed to haul crude oil out of Utah's Uinta Basin, as justices set arguments for a challenge to that ruling for Dec. 10.

  • October 18, 2024

    How Texas Legislators Blocked 1st 'Shaken Baby' Execution

    A bipartisan group of Lone Star State legislators stopped what would have been the nation's first execution for a conviction based on a "shaken baby syndrome" diagnosis by raising a novel separation-of-powers question about whether legislative subpoenas or death warrants carry more authority.

  • October 18, 2024

    Jan. 6 Witness Said Trump Speech May Have Been 'Political'

    Donald Trump's speech at a rally before the Jan. 6, 2021, insurrection at the U.S. Capitol may have been "political" rather than in his official capacity as president, witness testimony unsealed Friday in his D.C. election interference case said.

Expert Analysis

  • Law Firms Should Move From Reactive To Proactive Marketing

    Author Photo

    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.

  • 3 High Court Rulings May Shape Health Org. Litigation Tactics

    Author Photo

    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.

  • Opinion

    The Big Issues A BigLaw Associates' Union Could Address

    Author Photo

    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.

  • Opinion

    It's Time For A BigLaw Associates' Union

    Author Photo

    As BigLaw faces a steady stream of criticism about its employment policies and practices, an associates union could effect real change — and it could start with law students organizing around opposition to recent recruiting trends, says Tara Rhoades at The Sanity Plea.

  • How Calif. Justices' Prop 22 Ruling Affects The Gig Industry

    Author Photo

    The California Supreme Court's recent upholding of Proposition 22 clarifies that Uber, Lyft, DoorDash and other companies in the gig industry can legally classify their drivers as independent contractors, but it falls short of concluding some important regulatory battles in the state, says Mark Spring at CDF Labor.

  • What 7th Circ. Samsung Decision Means For Mass Arbitration

    Author Photo

    The Seventh Circuit's recent decision in Wallrich v. Samsung highlights the dilemma faced by mass arbitration filers in the face of nonpayment of arbitration fees by the defending party — but also suggests that there are risks for defendants in pursuing such a strategy, says Daniel Campbell at McDermott.

  • Takeaways From Virginia's $2B Trade Secrets Verdict Reversal

    Author Photo

    The Virginia Court of Appeals' recent reversal of the $2 billion damages award in Pegasystems v. Appian underscores the claimant's burden to show damages causation and highlights how an evidentiary ruling could lead to reversible error, say John Lanham and Kamran Jamil at Morrison Foerster.

  • How Justices Upended The Administrative Procedure Act

    Author Photo

    In its recent Loper Bright, Corner Post and Jarkesy decisions, the U.S. Supreme Court fundamentally changed the Administrative Procedure Act in ways that undermine Congress and the executive branch, shift power to the judiciary, curtail public and business input, and create great uncertainty, say Alene Taber and Beth Hummer at Hanson Bridgett.

  • Employers Face Uncertainty After Calif. Justices' Slur Ruling

    Author Photo

    In Bailey v. San Francisco District Attorney's Office, the California Supreme Court recently ruled that a singular use of a racial slur may be sufficiently severe to support a hostile work environment claim, leaving employers to speculate about what sort of comments or conduct will meet this new standard going forward, says Stephanie Roeser at Manatt.

  • How Corner Post Affects Enviro Laws' Statutes Of Limitations

    Author Photo

    The U.S. Supreme Court's recent ruling in Corner Post v. Federal Reserve Board has helped to alter the fundamental underpinnings of administrative law — and its plaintiff-centric approach may have implications for some specific environmental laws' statutes of limitations, say Chris Leason and Liam Martin at Gallagher and Kennedy.

  • Jarkesy May Thwart Consumer Agencies' Civil Penalty Power

    Author Photo

    The U.S. Supreme Court's ruling in U.S. Securities and Exchange Commission v. Jarkesy not only implicates future SEC administrative adjudications, but those of other agencies that operate similarly — and may stymie regulators' efforts to levy civil monetary penalties in a range of consumer protection enforcement actions, say attorneys at Holland & Knight.

  • Ohio's New Citation Rules Could Cure 'The Bluebook Blues'

    Author Photo

    The Ohio Supreme Court recently revised its writing manual to streamline citation format in legal briefs and opinions, deviating from Bluebook style, and encouraging lawyers and judges to draft cleaner documents that will give the substance of their legal arguments more persuasive power, say L. Bradfield Hughes and Chance Conaway at Porter Wright.

  • 9th Circ. Ruling Flags Work Harassment Risks Of Social Media

    Author Photo

    The recent Ninth Circuit ruling in Okonowsky v. Garland, holding an employer could be liable for a co-worker's harassing social media posts, highlights new challenges in technology-centered and remote workplaces, and underscores an employer's obligation to prevent hostile environments wherever their employees clock in, say Jennifer Lada and Phillip Schreiber at Holland & Knight.

  • Trump's Best Hush Money Appeal Options Still Likely To Fail

    Author Photo

    The two strongest potential arguments former President Donald Trump could raise in appealing his New York hush money conviction seem promising at first, but precedent strongly suggests they will still ultimately fail — though, of course, Trump's unique position could lead to surprising results, says former New York Supreme Court Justice Ethan Greenberg, now at Anderson Kill.

  • Tips For Tax Equity-Tax Credit Transfers That Pass IRS Muster

    Author Photo

    Although the Internal Revenue Service has increased its scrutiny of complex partnership structures, which must demonstrate their economic substance and business purpose, recent cases and IRS guidance together provide a reliable road map for creating legitimate tax equity structures, say Ian Boccaccio and Michael Messina at Ryan Tax.

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!