Appellate

  • 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.

  • February 25, 2025

    Newman Says Fed. Circ. Doctors Undermine Suspension Case

    Federal Circuit Judge Pauline Newman has said the court's other judges have undermined their claims about why they suspended her, by retaining experts who questioned reports from her own doctors finding her fit to serve as a judge.

  • February 25, 2025

    Sig Sauer Asks 6th Circ. For Second Shot At Expert Ruling

    The full Sixth Circuit should disqualify expert testimony that said gunmaker Sig Sauer Inc. failed to use existing safety features found in rival products when designing its model P320, the pistol at the center of many unintentional discharge lawsuits, according to the company's petition, which alternatively asked the judges to send it to Kentucky's top court.

  • February 25, 2025

    Alex Jones Asks To Maintain Stay On Sandy Hook Payment

    Infowars founder Alex Jones told the Connecticut Appellate Court that he shouldn't be forced to pay the judgment that Sandy Hook families won in their long-running defamation case as he awaits a review by the state's Supreme Court, saying the plaintiffs are wrong that he discarded underlying constitutional arguments.

  • February 25, 2025

    Minn. Tribe Seeks 8th Circ. Rehearing In Jurisdiction Fight

    The Mille Lacs Band of Ojibwe are asking the Eighth Circuit to rethink a decision to remand and vacate a dispute over law enforcement jurisdiction on its reservation, arguing that the panel's opinion adds an extended inconclusive discussion of the case's merits.

  • February 25, 2025

    Meta Says 9th Circ. Shouldn't Touch Antitrust Cert. Denial

    The Ninth Circuit should refuse to take up the appeal of a proposed class that was denied certification due to its novel theory that Meta Platforms Inc. would have been forced to pay users for the use of their data if it hadn't lied about how it was using it, the social media behemoth has told the court.

  • February 25, 2025

    SEC Reaffirms Defense Of Market Surveillance Tool

    The U.S. Securities and Exchange Commission has said it is not done defending the existence of a controversial market surveillance tool despite the agency's recent curtailment of the types of information it collects.

  • February 25, 2025

    4th Circ. Shuts Down HHS Chemist's 'Grinch' Harassment Suit

    The Fourth Circuit shut down a chemist's bid Tuesday to revive his suit claiming he faced sex bias and retaliatory harassment within the U.S. Department of Health and Human Services when a colleague called him the "Grinch," ruling his case is devoid of proof of discrimination.

  • February 25, 2025

    5th Circ. Declines Real Estate Co.'s Injunction Bid In TM Feud

    A panel of Fifth Circuit judges has sided with a lower court's decision that Rampart Resources Inc. should not get a preliminary injunction against rival real estate company Rampart/Wurth Holding Inc.

  • February 25, 2025

    6th Circ. Upholds County Employee's Pension Retaliation Win

    The Sixth Circuit upheld on Tuesday a $180,000 jury victory in favor of a former Michigan county employee who alleged his pension payments were cut off because he publicly criticized the retirement system, backing a lower court's conclusion that his comments were protected by the First Amendment.

  • February 25, 2025

    3 Attys Reprimanded, 2 DQ'd In Ala. Judge Shopping Probe

    An Alabama federal judge on Tuesday publicly reprimanded three attorneys for judge shopping during their legal efforts against a state law criminalizing gender-affirming care, saying that the trio practiced in bad faith and dropping two of them from litigating the case.

  • February 25, 2025

    River Agency Says Harvey Flood Dispute Was Already Decided

    A Texas river management agency urged a state appeals court Tuesday to shut down claims brought by dozens of residents whose properties were flooded by Hurricane Harvey, pointing to a separate appellate court decision that ended similar claims by many of the same people.

  • February 25, 2025

    Businessman Looks To Nix $21M Arbitral Award

    A businessman who controls real estate investment firm World Capital Properties Ltd. is urging the Eleventh Circuit to nix the enforcement of a $21.3 million arbitral award against him, arguing that he never signed an underlying arbitration agreement and objected "early, often and consistently" to the arbitration.

  • February 25, 2025

    5th Circ. Asks NLRB To Back Up Coercion Claim Against Apple

    A Fifth Circuit panel asked the National Labor Relations Board to spell out how Apple Inc. was coercive to a worker during a unionization push in New York, pondering Tuesday whether affirming the board's finding would tamp down on the company's freedom of expression.

  • February 25, 2025

    Ga. County Collected Too Late On Theft Claim, Panel Says

    The Georgia Court of Appeals has stripped a state county of a nearly $350,000 judgment it won from insurer Old Republic Surety Co. to cover a court employee's theft of hundreds of thousands of dollars from the public coffers, ruling the county filed its claim well after the statute of limitations had run.

  • February 25, 2025

    Payments Weren't Admission Philly Cop Got COVID At Work

    A Philadelphia police officer's "excused time," or E-Time, payments when he contracted COVID-19 were not a substitute for workers' compensation or an acknowledgment that he caught the disease on the job, so a state appellate court said Tuesday that he could not reinstate those payments under the workers' comp law.

  • February 25, 2025

    7th Circ. Mostly Denies Religious Groups' Visa Rule Challenge

    A Seventh Circuit panel rejected religious groups' assertions that a visa regulation applying to foreign ministers burdens their religious and First Amendment rights, but revived their Administrative Procedure Act claim challenging the regulation.

  • February 25, 2025

    Utah Asks 10th Circ. To Block EPA's Ozone Standard Finding

    The state of Utah has called on the Tenth Circuit to block a U.S. Environmental Protection Agency determination that the state's most populous region is not complying with national ozone standards, saying international emissions are mostly to blame.

Expert Analysis

  • 3rd. Circ. Ruling Shows Employers Where To Put ADA Focus

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    A recent Third Circuit decision in Morgan v. Allison Crane & Rigging, confirming that the Americans with Disabilities Act protects some temporarily impaired employees, reminds employers to pursue compliance through uniform policies that head off discriminatory decisions, not after-the-fact debates over an individual's disability status, says Joseph McGuire at Freeman Mathis.

  • Nvidia Case's Potential Impact On Securities Class Actions

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    In Nvidia v. Ohman Fonder, the U.S. Supreme Court could strip lower courts of their long-standing ability and obligation to holistically weigh all relevant facts supporting plaintiffs' allegations of securities fraud, which would have a wide-ranging impact on securities fraud class actions in the U.S., say attorneys at Labaton Keller.

  • Justices Face Tough Question On HHS Hospital Pay Formula

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    In Advocate Christ Medical Center v. Becerra, the U.S. Supreme Court will determine whether the U.S. Department of Health and Human Services properly applied certain Medicare reimbursement adjustments to hospitals — a decision that could significantly affect hospitals' ability to seek higher Medicare reimbursement for low-income patients, say attorneys at Sheppard Mullin.

  • How Attorneys Can Break Free From Career Enmeshment

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    Ambitious attorneys can sometimes experience career enmeshment — when your sense of self-worth becomes unhealthily tangled up in your legal vocation — but taking the time to discover and realign with your core personal values can help you recover your identity, says Janna Koretz at Azimuth Psychological.

  • Where Can Privacy Plaintiffs Sue When Injury Is Online?

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    Website owners need to understand wiretapping laws to understand whether they may be sued for activity tracking in California or Pennsylvania courts, where the statutory damages for violations of half-century-old laws can be substantial — and a recent Third Circuit decision suggests establishing specific jurisdiction is not as easy as 1-2-3, say attorneys at Crowell & Moring.

  • Short-Seller Implications Of 10th Circ.'s Overstock Decision

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    The Tenth Circuit's Oct. 15 decision in Overstock Securities Litigation provides clarity on the pleading standard for a market manipulation claim under the Exchange Act, and suggests that short sellers might not be able to rely on the fraud-on-the-market presumption typically invoked by securities plaintiffs, say attorneys at Paul Weiss.

  • Patent Lessons From 4 Federal Circuit Reversals In September

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    Cases that were reversed or vacated by the Federal Circuit last month provide helpful clarity on collateral estoppel, patent eligibility, construction of claim terms that have different boundaries across different claims, and the role of courts as neutral arbiter, say attorneys at Bunsow De Mory.

  • 11th Circ. Ruling Offers Refresher On 'Sex-Plus' Bias Claims

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    While the Eleventh Circuit’s recent ruling in McCreight v. AuburnBank dismissed former employees’ sex-plus-age discrimination claims, the opinion reminds employers to ensure that workplace policies and practices do not treat a subgroup of employees of one sex differently than the same subgroup of another sex, say attorneys at Bradley Arant.

  • Ex-Chicago Politician's Case May Further Curb Fraud Theories

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    The U.S. Supreme Court recently agreed to hear Thompson v. U.S. to determine whether a statement that is misleading but not false still violates federal law, potentially heralding the court’s largest check yet on prosecutors’ expansive fraud theories, with significant implications for sentencing, say attorneys at the Law Offices of Alan Ellis.

  • Lawyers With Disabilities Are Seeking Equity, Not Pity

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    Attorneys living with disabilities face extra challenges — including the need for special accommodations, the fear of stigmatization and the risk of being tokenized — but if given equitable opportunities, they can still rise to the top of their field, says Kate Reder Sheikh, a former attorney and legal recruiter at Major Lindsey & Africa.

  • High Stakes In Justices' Review Of Clean Air Act Venue Fights

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    Disputes over the Clean Air Act's venue provision may seem arcane, but a forthcoming U.S. Supreme Court decision encompassing three cases will affect core principles of the separation of powers and constitutional due process in ways that could have significant consequences for the regulated community, say J. Michael Showalter and David Loring at ArentFox Schiff.

  • Testing The Waters As New Texas Biz Court Ends 2nd Month

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    Despite an uptick in filings in the Texas Business Court's initial months of operation, the docket remains fairly light amid an apparent wait-and-see approach from some potential litigants, say attorneys at Norton Rose.

  • Employer Lessons From Mass. 'Bonus Not Wages' Ruling

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    In Nunez v. Syncsort, a Massachusetts state appeals court recently held that a terminated employee’s retention bonus did not count as wages under the state’s Wage Act, illustrating the nuanced ways “wages” are defined by state statutes and courts, say attorneys at Segal McCambridge.

  • Opinion

    Judicial Committee Best Venue For Litigation Funding Rules

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    The Advisory Committee on Civil Rules' recent decision to consider developing a rule for litigation funding disclosure is a welcome development, ensuring that the result will be the product of a thorough, inclusive and deliberative process that appropriately balances all interests, says Stewart Ackerly at Statera Capital.

  • The Strategic Advantages Of Appointing A Law Firm CEO

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    The impact on law firms of the recent CrowdStrike outage underscores that the business of law is no longer merely about providing supplemental support for legal practice — and helps explain why some law firms are appointing dedicated, full-time CEOs to navigate the challenges of the modern legal landscape, says Jennifer Johnson at Calibrate Strategies.

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