Appellate

  • January 08, 2025

    Fed. Circ. Wrestles With China Tariff Authority Limits

    Attorneys for both importers and the government faced pointed questions from a Federal Circuit panel Wednesday, as the judges tried to understand the limits of U.S. tariff authority and whether a huge chunk of Trump-era levies on Chinese goods went too far.

  • January 08, 2025

    Feds Ask DC Circ. To Block Guilty Plea Of 9/11 'Mastermind'

    The Biden administration wants the D.C. Circuit to block plea agreements set to be approved Friday for the men accused of plotting the Sept. 11, 2001, attacks, including the "alleged mastermind" of the plot, Khalid Shaikh Mohammad.

  • January 08, 2025

    Fla. Atty Can't Beat Contempt Ruling Over Failed Apology

    A Florida state appeals panel on Wednesday agreed that an attorney was in indirect criminal contempt when he failed to post an apology on a consumer reporting website as part of a settlement in his former counsel's suit against him over disparaging and allegedly defamatory comments made on the site.

  • January 08, 2025

    2nd Circ. Backs NYC Hospital In Retirement Plan Fee Suit

    The Second Circuit refused Wednesday to reopen a proposed class action claiming Montefiore Medical Center allowed its employee retirement plan to be saddled with excessive recordkeeping fees, saying the workers leading the suit failed to show the plan paid too much for the services it received.

  • January 08, 2025

    Ohio Judge's License Reinstated Days After Retirement News

    A former Cleveland judge's license to practice was reinstated Wednesday following a one-year suspension on ethics charges stating he pushed plea deals on defendants, made racially insensitive comments to them and ordered excessive contempt sentences for relatively minor infractions, days after the judge announced his retirement.

  • January 08, 2025

    Arbitrator In Virus Coverage Case Wasn't Biased, Panel Says

    A New York state appeals panel affirmed a trial court's decision refusing to disqualify a Pillsbury Winthrop Shaw Pittman LLP partner as an arbitrator in proceedings between a Zurich unit and the operator of Saks Fifth Avenue over coverage for COVID-19 losses.

  • January 08, 2025

    Calif. Panel Flips Arbitration Denial In Mining Co. Wage Case

    A California appeals court said a worker's arbitration agreement was not part of the guidelines included in a mining company's handbook, flipping a trial court's ruling that the company didn't show it had a binding arbitration agreement.

  • January 08, 2025

    Chancery Awards $176M Atty Fee In Tesla Board Pay Suit

    Delaware's chancellor approved on Wednesday a $176.16 million Tesla stockholder class attorney fee award to three firms for a settlement of an excessive director compensation suit that is expected to return $734 million to the company through a combination of director stock, option and cash givebacks.

  • January 08, 2025

    Divisive Mass. Housing Law Can Stand With Administrative Fix

    Massachusetts' top appellate court on Wednesday upheld a controversial law requiring towns in Greater Boston to add housing density near mass transit facilities, but found that the state must take additional procedural steps before the law can go into effect.

  • January 08, 2025

    Trump Asks Supreme Court To Stop NY Sentencing

    Donald Trump asked the U.S. Supreme Court on Wednesday to halt proceedings in his New York criminal hush money case, including a sentencing hearing scheduled for Friday, as the president-elect seeks to throw out the charges and the jury's conviction.

  • January 07, 2025

    4th Circ. Revives Ex-NC State Athlete's Title IX Assault Suit

    The Fourth Circuit on Tuesday revived a former North Carolina State University athlete's claims the university didn't protect him from being sexually assaulted by the school's ex-director of sports medicine, finding that a report about the director's "sexual grooming" may have been enough to put the school on notice of the abuse.

  • January 07, 2025

    Hyundai Can't Ditch Fees In Settled Case, Calif. Justices Told

    Hyundai and a California couple fought before the state Supreme Court on Tuesday over whether a cost-shifting statute was triggered after the couple settled their lemon law dispute during trial for less than what Hyundai previously had offered, with the couple arguing a ruling against them could deter future settlements.

  • January 07, 2025

    9th Circ. Upholds Ore. Ban On Secret Audio Recordings

    A split en banc Ninth Circuit panel on Tuesday upheld as constitutional an Oregon law prohibiting secret audio recordings of people's conversations, ruling in a published opinion that the statute was narrowly tailored to Oregon's significant interest in ensuring its residents know when their conversations are recorded, even in public.

  • January 07, 2025

    2nd Circ. Denies BDO Second Shot At AmTrust Appeal

    The Second Circuit Tuesday denied BDO USA LLP's request for a rehearing of an appellate panel's decision not to overturn a suit brought by AmTrust Financial Services Inc. that alleged the auditor did a poor job reviewing the insurer's financial statements.

  • January 07, 2025

    Fed. Circ. Clarifies Role Of Corrected IP In Construction PGR

    The Federal Circuit on Tuesday backed a Patent Trial and Appeal Board decision upholding several claims in a Columbia Insurance Co. construction hanger patent, clarifying that the board's finding only applies to the original version of the claims.

  • January 07, 2025

    Feds Defend FCA Whistleblower Constitutionality At 11th Circ.

    The federal government has called on the Eleventh Circuit to uphold the constitutionality of the False Claims Act's whistleblower provisions, saying a Florida district court ruling otherwise is an "outlier" that goes against U.S. Supreme Court precedent.

  • January 07, 2025

    Cato Institute Urges Justices To Hear Jury Right Case

    The Cato Institute asked the U.S. Supreme Court Tuesday to accept a social media influencer's certification petition over the denial of a jury trial for a misdemeanor, saying the erosion of the Constitutional jury right for "all crimes" goes against the founders' intentions.

  • January 07, 2025

    Calif. Justices Urged To Rescue Malicious Prosecution Claims

    A fugitive recovery agent urged the California Supreme Court on Tuesday to revive malicious prosecution claims that a lower court struck under the attorney-malpractice law's one-year statute-of-limitations, arguing that he never had an attorney-client relationship with the defendant and so the two-year statute-of-limitations for tort claims must apply.

  • January 07, 2025

    Feds Urge 9th Circ. To Uphold Ringed Seal Protections

    The federal government and environmentalists on Monday asked the Ninth Circuit to keep Endangered Species Act protections for Arctic ringed seals in place and reject Alaska's effort to roll them back.

  • January 07, 2025

    Amneal Calls Teva's IP Delisting Panic 'Theatrical Distraction'

    The pharmaceutical industry won't fall into "chaos and disruption" if the Federal Circuit doesn't stay an injunction ordering Teva to remove inhaler patents from the Orange Book, and Teva's arguments otherwise are "a mere theatrical distraction" from the weakness of its position, according to Amneal Pharmaceuticals.

  • January 07, 2025

    10th Circ. Says Age Bias Didn't Drive Aircraft Co. Layoffs

    The Tenth Circuit declined Tuesday to revive a lawsuit from former Spirit AeroSystems Inc. workers who said the aircraft maker targeted older workers during a workforce reduction, ruling they hadn't shown the company was motivated by age discrimination.

  • January 07, 2025

    Surgeon Says Unprovided Report Should Nix Transplant Suit

    A lawsuit from the families of three patients who died on a Texas hospital's liver transplant waiting list should have been tossed because the families failed to provide an expert report to a surgeon accused of tampering with their data, the surgeon argued to a state appeals court Monday.

  • January 07, 2025

    9th Circ. To Let Feds Argue In Wash. ICE Inspection Law Fight

    The Ninth Circuit has said the U.S. government can participate in oral arguments over a blocked Washington law that allowed the state to inspect conditions at a privately-run immigration detention facility in Tacoma.

  • January 07, 2025

    AT&T, Biz Groups Urge Justices To Back Cornell's ERISA Win

    Top business and employee benefits industry lobbying groups along with telecommunications giant AT&T urged the U.S. Supreme Court to uphold Cornell University's victory over a federal benefits lawsuit alleging retirement plan mismanagement, in a flood of amicus briefs at the high court before arguments later this month.

  • January 07, 2025

    4th Circ. Says Farm Bill Does Not Preempt Va. Hemp Law

    The Fourth Circuit affirmed Tuesday that the federal farm bill legalizing hemp nationwide did not preempt Virginia's new law reining in intoxicating products containing THC derived from hemp.

Expert Analysis

  • Lessons Learned From 2024's Top FMLA Decisions

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

  • An Associate's Guide To Career Development In 2025

    Author Photo

    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.

  • The Securities Litigation Trends That Will Matter Most In 2025

    Author Photo

    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.

  • What To Watch For In The 2025 Benefits Landscape

    Author Photo

    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

    Author Photo

    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.

  • Contract Disputes Recap: Adjustments, Preclusion, Waivers

    Author Photo

    Ken Kanzawa at Seyfarth examines three recent decisions from the Civilian Board of Contract Appeals, the U.S. Court of Federal Claims and the Armed Services Board of Contract Appeals that examine distinctions between requests for equitable adjustments and claims, forum selection and res judicata, and the waiver of penalties for expressly unallowable costs.

  • The Justices' Securities Rulings, Dismissals That Defined '24

    Author Photo

    The U.S. Supreme Court's 2024 securities rulings led to increased success for defendants' price impact arguments, but the justices' decisions not to weigh in on important issues relating to the Private Securities Litigation Reform Act's pleading requirements may be just as significant, say attorneys at Skadden.

  • 10 Noteworthy CFPB Developments From 2024

    Author Photo

    In a banner year for consumer finance regulation, the Consumer Financial Protection Bureau made significant strides in its efforts to rein in Big Tech and nonbank financial firms, including via rules regarding open banking, credit card late fees, and buy now, pay later products, say attorneys at Wiley.

  • Series

    Fixing Up Cars Makes Me A Better Lawyer

    Author Photo

    From problem-solving to patience and adaptability to organization, the skills developed working under the hood of a car directly translate to being a more effective lawyer, says Christopher Mdeway at Kaufman Dolowich.

  • 2024 Has Been A Momentous Year For ESG

    Author Photo

    Significant developments in the environmental, social and governance landscape this year include new legislation, evolving global frameworks, continued litigation and enforcement actions, and a U.S. Supreme Court decision that has already affected how lower courts have viewed some ESG challenges, say attorneys at Katten.

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!