Appellate

  • March 31, 2025

    Justices Ask US To Respond To IRS Crypto Doc Seizure Case

    The U.S. Supreme Court asked the federal government Monday to weigh in on a cryptocurrency investor's challenge to the IRS' seizure of his account records, a request that followed a spate of support for the investor, including by attorneys general and Elon Musk's X Corp.

  • March 31, 2025

    10th Circ. Hands Server New Trial In Sexual Harassment Case

    The Tenth Circuit granted a former server a new trial Monday on her sexual harassment and retaliation claims against a golf club restaurant, citing "puzzling" jury findings that cleared the restaurant of wrongdoing but awarded the server $125,000 in damages.

  • March 31, 2025

    Conn. High Court Urged To Expand Amazon Wage Questions

    Amazon workers asked Connecticut's top court to expand two questions certified from the Second Circuit over whether post-shift anti-theft screenings should have been compensated, saying the time workers spent walking to screening areas is also part of the issue.

  • March 31, 2025

    6th Circ. Affirms County's Foreclosed Property Proceeds Win

    The Sixth Circuit sided with a Michigan county Friday in a resident's suit alleging the decision to withhold surplus proceeds from the tax foreclosure sale of her home was an unconstitutional taking, affirming the constitutionality of a process for claiming proceeds that she failed to follow.

  • March 31, 2025

    Regulators Seek Pause On 5th Circ. Fight Over CRA Rules

    Federal regulators have asked the Fifth Circuit to halt further proceedings in a banking industry challenge to their Biden-era Community Reinvestment Act rules, citing their recently announced plans to go back to the drawing board with them.

  • March 31, 2025

    Justices Probe Wis. Denial Of Exemption To Catholic Charities

    Justices of the U.S. Supreme Court seemed deeply skeptical Monday that Wisconsin was on firm constitutional grounds in denying an unemployment tax exemption to a group of Catholic charities because, as the state claimed, they were not operated primarily for religious purposes.

  • March 31, 2025

    DOJ Seeking Steep Costs To Make Challengers Think Twice

    The U.S. Department of Justice is quickly implementing President Donald Trump's plan to seek huge sums of money from litigants whose cases impede his agenda but ultimately prove unsuccessful, court records show.

  • March 31, 2025

    Justices Decline Chance To Clarify Medical Pot Protections

    The U.S. Supreme Court on Monday declined to hear an appeal arguing that congressional spending legislation bars federal prosecutors from bringing cases against state-compliant medical marijuana operations.

  • March 31, 2025

    Boston Bomber Judge Won't Recuse From Juror Bias Inquiry

    A Massachusetts federal judge declined to recuse himself from conducting an inquiry into potential juror bias during the trial of Boston Marathon bomber Dzhokhar Tsarnaev.

  • March 31, 2025

    Justices Reject Gas Price-Fixing Claims Over Trump Oil Pact

    The U.S. Supreme Court refused Monday to review a bid to revive a proposed class action alleging price-fixing between major oil producers as part of a 2020 deal among Russia, Saudi Arabia and President Donald Trump's administration to cut production.

  • March 29, 2025

    Up Next At High Court: Terror Liability, Health Provider Choice

    The U.S. Supreme Court will return to the bench this week to consider whether a federal law subjecting Palestinian government organizations to federal jurisdiction violates due process principles and if the Medicaid Act's provider choice provision allows individual benefit recipients to sue states over the disqualification of healthcare providers. 

  • March 28, 2025

    States Urge Justices To Skip Teacher Grants Case

    California, New York and six other states told the U.S. Supreme Court on Friday it doesn't need to weigh in on the validity of a Massachusetts federal judge's order reinstating $250 million in teacher training grants the Trump administration targeted for cuts, noting the dispute will soon be moot.

  • March 28, 2025

    Wash. Uber Driver Fails To Upend Arbitration Over Termination

    A Washington federal judge has thrown out an ex-Uber driver's case seeking to block the ride-hailing company from forcing him to settle his wrongful termination dispute in arbitration, despite the plaintiff's argument that a 2024 U.S. Supreme Court ruling upended the company's case for arbitration.  

  • March 28, 2025

    NY Ski Resort Co. Appealing Court's Antitrust Ruling

    A New York ski resort operator told a state court on Friday that it's appealing the state's victory in its antitrust suit, which alleged that the operator purposefully closed a local competitor after acquiring it.

  • March 28, 2025

    Del. Corporate Law Rework Might Upend Over 3 Dozen Cases

    Legislation pushed through Delaware's General Assembly last week has called into question dozens of corporate law precedents, including some of the state's most important, according to a Columbia Law School professor and researcher.

  • March 28, 2025

    DC Circ. Tosses Green Groups' Challenge To La. Gas Pipelines

    A D.C. Circuit panel on Friday rejected an environmental challenge to a Tellurian subsidiary's $1.5 billion plan to construct parallel, roughly 30-mile gas pipelines in Louisiana, ruling that federal energy regulators reasonably weighed greenhouse gas impacts and market demand in approving the project.

  • March 28, 2025

    Mich. Justices Reject Shareholder's Stock Price Challenge

    The Michigan Supreme Court said a shareholder of her family's ski resort business cannot challenge the redemption price of her stock shares, finding the company was not required to renegotiate how it calculated her redemption price after it took on debt that plunged her shares.

  • March 28, 2025

    Fashion Groups Urge Justices To Hear Discovery Rule Fight

    Fashion trade associations have thrown their support behind a shoe designer who wants the U.S. Supreme Court to review her appeal of a Second Circuit decision reviving a photography studio's copyright infringement suit, saying there needs to be more predictability in copyright law.

  • March 28, 2025

    9th Circ. Affirms Toss Of 3D Printer Co. Derivative Suit

    The Ninth Circuit on Friday affirmed the dismissal of a derivative suit brought by a venture capital firm over an $11 million investment it made in a 3D printing company, with the panel finding the lower court correctly tossed the suit due to previous and ongoing "outside entanglements" between the parties.

  • March 28, 2025

    Key State And Local Tax Takeaways From March

    State legislatures intensified work in March with an eye toward winding down their sessions, giving rise to significant measures that included Kentucky lawmakers' override of a veto on judicial deference and an income tax cut in Utah. Here, Law360 presents state and local tax developments to know from the past month.

  • March 28, 2025

    9th Circ. Affirms Maui County's Win In Religious Land-Use Suit

    The Ninth Circuit is backing a Hawaii county's jury trial victory over a nonprofit's Religious Land Use and Institutionalized Persons Act lawsuit, ruling on Friday that the lower court rightfully sided with the county even though it erred by including a certain jury instruction.

  • March 28, 2025

    Kroger, Albertsons Appeal Block Of $24.6B Merger

    Kroger and Albertsons say they plan to appeal a Washington state judge's ruling that blocked the $24.6 billion merger of the grocery chains and determined the state could collect legal costs for prevailing in its Consumer Protection Act suit opposing the deal.

  • March 28, 2025

    5th Circ. OKs Largest US Crude Export Terminal's Expansion

    A Fifth Circuit panel found the U.S. Army Corps of Engineers dotted its i's and crossed its t's before it greenlighted an expansion of the largest crude oil export terminal by volume in North America, finding in a Friday opinion the agency adequately studied the project's effects.

  • March 28, 2025

    Microcaptive Case Doesn't Curb Tax Collection, 10th Circ. Told

    The IRS mischaracterized a lawsuit seeking to set aside guidance requiring additional reporting for microcaptive insurance arrangements, a plumbing supply company and its owners told the Tenth Circuit, saying their suit isn't barred because it doesn't restrain tax collection as the agency claimed.

  • March 28, 2025

    US Can Weigh In On Osage Reservation Boundary Dispute

    An Oklahoma federal judge will allow the United States to weigh in on a dispute between the Osage Nation and the state's tax commission over the tribe's reservation boundaries after the federal government said a U.S. Supreme Court ruling at the crux of the litigation is of interest to the government.

Expert Analysis

  • Series

    In The CFPB Playbook: A Sprint To The Finish Line

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    The fourth quarter of 2024 was an impressive demonstration of the Consumer Financial Protection Bureau's ability to regulate, enforce and supervise, even on borrowed time following the election results, and we should expect the current bureau to run nonstop until Jan. 20, say attorneys at Covington.

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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

  • The Securities Litigation Trends That Will Matter Most In 2025

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    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.

  • An Associate's Guide To Career Development In 2025

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    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.

  • What To Watch For In The 2025 Benefits Landscape

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    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

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    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.

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