Appellate

  • November 01, 2024

    3 Things To Know About The NC Supreme Court Race

    Democrats in North Carolina are hoping to preserve their shrinking presence on the North Carolina Supreme Court as Republicans look to flip another seat in the state's only high court race on Nov. 5.

  • November 01, 2024

    Meet The Florida Justices Up For Retention Votes

    Justices Renatha Francis and Meredith Sasso — the newest members of the Florida Supreme Court — will be on Tuesday's ballot in retention elections, giving Sunshine State voters a chance to decide whether to keep them on the bench for full six-year terms.

  • November 01, 2024

    Pennsylvania's Attorney General Race: Four Things To Know

    In the race for Pennsylvania attorney general, a former county prosecutor and a two-term auditor general are facing off for the chance to be the Keystone State's top lawyer — both with ties to York, Pennsylvania, and Widener University Commonwealth Law School in Harrisburg. But whether they'd be more at home in the office's criminal prosecution or civil litigation roles depends on the candidate.

  • November 01, 2024

    Garden State Father-Son Attys Must Face Enviro Group's Suit

    The New Jersey state appeals court reinstated a lawsuit against a father-son pair of attorneys on Friday in which a nonprofit organization accused them of violating environmental rules on their properties on the Jersey shore.

  • November 01, 2024

    Off The Bench: Horse Racing Ruling Halted, Fla. Betting Deal

    In this week's Off The Bench, supporters of the organization overseeing federal horse-racing laws got a helping hand from the U.S. Supreme Court, the feud between a Florida tribe and state casino interests ends in a truce, and the NBA wants the details of its disputed media rights deal kept out of the public eye.

  • November 01, 2024

    Ga. Justices Uphold Toss Of Lawmakers' Capitol Protest Suit

    The Georgia Supreme Court on Thursday upheld the dismissal of a lawsuit filed by a former state lawmaker, a current state lawmaker and several others who argued that a law used to justify their arrests while protesting at the state Capitol was unconstitutionally overbroad.

  • November 01, 2024

    Ex-Gas Co. Worker Seeks Justices Review On 'Honest Belief'

    A former mechanic for a Baltimore gas company has asked the U.S. Supreme Court to review a Fourth Circuit decision that found it was not discriminatory for his ex-employer to fire him over an issue with time off under the Family and Medical Leave Act because the company believed he took the leave dishonestly.

  • November 01, 2024

    Michigan's Supreme Court Tosses Pandemic Powers Ruling

    The Michigan Supreme Court on Friday cast aside a ruling that invalidated a public health law used during the COVID-19 pandemic to curb gatherings and close restaurants, saying the issue is moot because orders issued under the law expired years ago.

  • November 01, 2024

    Law Firms Pour Money Into Texas Supreme Court Races

    The races to fill three seats on the Texas Supreme Court have drawn thousands of dollars in campaign donations from BigLaw, midsize and small firms, with the largest sets of contributions mostly going to the Republican incumbents seeking reelection in Tuesday's matchups, a Law360 Pulse analysis has found.

  • October 31, 2024

    Ex-Goldman Exec Says 1MDB Judge Thwarted His Defense

    Former Goldman Sachs executive Roger Ng on Thursday told the Second Circuit that his trial defense over the massive $6.5 billion 1MDB scheme was marred by the wrongful exclusion of video evidence that supported his claim that $35 million he received in alleged kickbacks was actually investment proceeds.

  • October 31, 2024

    3rd Circ. Preview: Boy Scouts' Cap. 11 Plan Row Tops Nov.

    The future of the Boy Scouts of America's Chapter 11 bankruptcy plan is set to be determined by the Third Circuit this month, with the court poised to consider whether recent U.S. Supreme Court precedent on bankruptcies and settlements allows the reopening of the plan.

  • October 31, 2024

    2nd Circ. Draws BDO Back In Investor Suit In Revised Opinion

    The Second Circuit on Thursday reversed course in an amended opinion about an investor suit over financial restatements made by AmTrust Financial Services Inc., finding that auditor BDO USA LLP is not off the hook for certifying the insurer's financial statements.

  • October 31, 2024

    Judge Suggests Condo Builder's $19M Jury Win Should Stand

    A Washington appeals court judge asked Thursday why a $19 million trial verdict in favor of Skanska USA Building Inc. should be overturned, saying determining the facts in the condo project construction dispute that led to the verdict seemed like something for the jury to answer.

  • October 31, 2024

    GOP Groups Urge 11th Circ. To Restore Ga. Election Law

    National and Georgia state Republican political committees have pressed the Eleventh Circuit to overturn a lower court's order that paused controversial portions of a Peach State election bill, arguing the law is legal and needed to ensure secure elections.

  • October 31, 2024

    2nd Circ. Says Naturalized Citizens Owed Adequate Counsel

    The full Second Circuit determined Thursday that a naturalized U.S. citizen considering whether to enter a guilty plea has a constitutional right to be advised by counsel that they may lose their citizenship as a result.

  • October 31, 2024

    NY Court Urged To Reject 'Audacious' Shareholder Test Cases

    Leading business groups have come to the aid of Bayer AG and Barclays PLC as the companies seek to fend off a pair of "audacious" test cases that have landed in New York's highest court, with the groups arguing that allowing the lawsuits to move forward would flood the state court with derivative lawsuits against foreign companies and overturn decades of precedent.

  • October 31, 2024

    Fed. Circ. Backs PTAB Invalidation Of 3 Centripetal Patents

    The Federal Circuit on Thursday upheld a set of Patent Trial and Appeal Board decisions that found three Centripetal Networks patents that cover detecting network threats were invalid, agreeing they were too obvious to warrant patent protection.

  • October 31, 2024

    $268K Fee Challenge Nixed In 9th Circ. Chevron Award Suit

    The Ninth Circuit on Wednesday refused to reconsider its order slapping a six-figure fine against a Seattle attorney for fabricating a news article to bolster his clients' efforts to enforce an allegedly fraudulent $18 billion arbitral award against Chevron, effectively ending the long-running saga for now.

  • October 31, 2024

    1st Circ. Urged To Rethink Ruling On Maine Cannabis Grow

    The First Circuit should reconsider its decision to allow the prosecution of a Maine marijuana entrepreneur whom the Feds say was operating an illicit grow site, arguing that it's unclear how far a licensed operator can stray from state cannabis law before federal law enforcement can get involved.

  • October 31, 2024

    EPA Can't Declare La. Deadline Extension Invalid, 5th Circ. Told

    A Louisiana neoprene maker on Wednesday told the Fifth Circuit that the U.S. Environmental Protection Agency has no authority to invalidate a two-year compliance deadline extension that the state granted to the company, which is being sued by the EPA.

  • October 31, 2024

    4th Circ. Told Door-Maker's $10M Claim Double-Dips Coverage

    A Travelers unit says it shouldn't have to fork over $10 million in excess coverage to a North Carolina door manufacturer that paid $39.5 million to settle a securities class action, telling the Fourth Circuit that the case stems from a flurry of antitrust litigation that began before its policy went into effect.

  • October 31, 2024

    Ga. Justices Kill Free Speech Challenge To Strip Club Tax

    A Georgia tax on strip clubs that's used to fund child trafficking prevention efforts has been upheld by the state's highest court, which said in a split decision that a First Amendment challenge to the tax by club owners failed to show the levy limited their speech.

  • October 31, 2024

    6th Circ. Wrestles With Reach Of FCC's Net Neutrality Powers

    Sixth Circuit judges on Thursday sought to clear up what one described as a "close call" over how much authority Congress gave the Federal Communications Commission to regulate internet traffic when lawmakers overhauled telecommunications law in 1996.

  • October 31, 2024

    9th Circ. Won't Revive 'Ghost Cattle' Contract Fight With Tyson

    The Ninth Circuit said Thursday a rancher who admitted to invoicing Tyson Foods Inc. for nonexistent cattle cannot sue the meat company for allegedly using his name and photograph in marketing materials without giving him a cut of the profits, rejecting the rancher's argument that Tyson had agreed orally to the deal.

  • October 31, 2024

    6th Circ. Says Removal Waiver Wouldn't Have Helped

    The Sixth Circuit refused Thursday to undo a woman's removal order over an immigration judge's failure to inform her she could apply for a removal waiver, saying a waiver, if granted, would not have been able to save her case.

Expert Analysis

  • 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.

  • Fed. Circ. Ruling May Signal Software Patent Landscape Shift

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    The Federal Circuit's recent ruling in Broadband iTV, despite similarities to past decisions, chose to rely on prior cases finding patent-ineligible claims directed to receiving and displaying information, which may undermine one of the few areas of perceived predictability in the patent eligibility landscape, say attorneys at King & Wood.

  • Series

    After Chevron: The Future Of OSHA Enforcement Litigation

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    The U.S. Supreme Court's opinion in Loper Bright provides a blueprint for overruling the judicial obligation to defer to an agency's interpretation of its own regulations established by Auer, an outcome that would profoundly change the Occupational Safety and Health Administration’s litigation and rulemaking landscape, say attorneys at Ogletree.

  • What Hawaii High Court Got Right And Wrong In AIG Ruling

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    Though the Hawaii Supreme Court in its recent Aloha Petroleum v. National Union Fire Insurance decision correctly adopted the majority rule that recklessly caused harm is an accident for coverage purposes, it erred in its interpretation of the pollution exclusion by characterizing climate change as "traditional environmental pollution," say attorneys at Haynes Boone.

  • Series

    Beekeeping Makes Me A Better Lawyer

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    The practice of patent law and beekeeping are not typically associated, but taking care of honeybees has enriched my legal practice by highlighting the importance of hands-on experience, continuous learning, mentorship and more, says David Longo at Oblon McClelland.

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