Appellate

  • April 08, 2025

    New Mexico High Court Reaffirms Language Access Rights

    The New Mexico Supreme Court on Tuesday reaffirmed its commitment to provide access to language services for non-English speakers, saying an executive order by President Donald Trump designating English as the country's official language doesn't alter the state's law, constitution or legal obligation to its citizens.

  • April 08, 2025

    Colo. Appeals Court Urged To Toss Transportation Fees

    Colorado's 2021 transportation funding law violates the state Taxpayer's Bill of Rights and related provisions, an anti-tax group told an appeals court panel Tuesday, urging it to reverse a district court order that stopped its lawsuit.

  • April 08, 2025

    Houston Atty Asks Court To Back $6.3M Verdict Against Rival

    A Houston attorney urged a Texas appellate court Monday to back a $6 million verdict against a rival lawyer he accused of stealing his files in an attempt to recruit clients to file malpractice suits.

  • April 08, 2025

    Contractor's Win In Insurance Fraud Suit Upheld By 6th Circ.

    A Sixth Circuit panel affirmed Continental Building Co.'s defeat of a lawsuit that leveled insurance fraud claims at the general contractor, finding a subcontractor failed to trace its losses to Continental's claim that it defaulted on a contract.

  • April 08, 2025

    Feds Take Aim At Judge's Toss Of Bergdahl Conviction

    The U.S. Department of Justice has told the D.C. Circuit it was "inappropriate on every level" for a district court judge to throw out the court-martial conviction and sentence of former U.S. Army Sgt. Bowe Bergdahl, who deserted his post in Afghanistan.

  • April 08, 2025

    Ranch Seller Lied To 'Yellowstone' Creator, Justices Told

    A Texas appeals panel questioned Tuesday whether the former owner of a 600-acre, $10 million ranch knew about a significant roof leak before he sold the property to "Yellowstone" creator Taylor Sheridan, asking if the seller had indeed told his employee to "keep your mouth shut" about the leak.

  • April 08, 2025

    4th Circ. Says Insurer Needn't Chip In For $9M Fatal Fire Deal

    A Munich Re unit needn't contribute to The Travelers Indemnity Co.'s $9 million settlement of suits brought over a fatal apartment fire, the Fourth Circuit ruled Tuesday, saying the unit's policy issued to a North Carolina county's emergency services department did not also extend coverage to its 911 call center.

  • April 08, 2025

    Texas Court Upholds Jurisdiction Over Some Asbestos Claims

    A Texas appellate court affirmed Tuesday that insurers involved in litigation brought by the trustee of a bankrupt Kentucky machine company seeking coverage in connection with asbestos-related injury litigation can't escape jurisdiction, but contradicted the lower court by denying jurisdiction over certain American insurers regarding non-Texas claims.

  • April 08, 2025

    Fed. Circ. Considers Sandoz's Bid To Undo $39M Patent Loss

    The Federal Circuit on Tuesday grappled with Sandoz's challenge to a $39 million verdict against it in Allergan's eyelash growth drug patent infringement case, with one judge questioning the generic-drug maker's argument that a decade-old decision involving a similar patent forestalls the current case.

  • April 08, 2025

    Private Owner Subject To Prevailing Wage, Pa. Justices Told

    Counsel for the Pennsylvania Bureau of Labor Law Compliance told the state Supreme Court on Tuesday that contractors who constructed a state police barracks were entitled to pay in line with public works projects, arguing that private financing and ownership of the building doesn't negate the prevailing wage.

  • April 08, 2025

    9th Circ. To Hear Remaining AB 5 Challenge

    A Ninth Circuit panel is set to hear arguments Wednesday in likely the last ongoing high-profile challenge to California's Assembly Bill 5, leaving a potential path to striking down the independent contractor classification law's application to the trucking industry.

  • April 08, 2025

    Pacira Reaches IP Deal Allowing Generic Painkiller In 2030

    Pacira BioSciences has agreed to settle a series of patent infringement lawsuits against Fresenius Kabi and other pharmaceutical companies over Pacira's drug Exparel, a long-acting injectable for managing postsurgical pain.

  • April 08, 2025

    9th Circ. Wary Of Judge Becoming 'King' Of Veteran Housing

    The Ninth Circuit appeared skeptical Tuesday of a California federal court's decision to establish control over a U.S. Department of Veterans Affairs facility due to inadequate homelessness measures, with one panel member expressing concern the district judge gave himself the overbroad powers of a "king."

  • April 08, 2025

    Tribal Leaders Not Immune From Extortion Law, Justices Told

    The government is urging the U.S. Supreme Court to reject claims by the former head of a Native American tribe who says the federal law against extortion does not apply to him or other tribal leaders.

  • April 08, 2025

    3M Tells 2nd Circ. Conn. PFAS Suit Belongs In Federal Court

    3M Co. on Monday told the Second Circuit that Connecticut's lawsuit accusing the company of polluting the environment with forever chemicals contained in its consumer products belongs in federal court.

  • April 08, 2025

    2nd Circ. Sinks Marital Bias Suit From Wendy Williams' Ex

    The Second Circuit reversed a win Tuesday for the ex-husband of television personality Wendy Williams in his suit claiming he lost his producer gig after Williams asked him for a divorce, issuing a ruling that clarified the scope of New York City's marital bias law.

  • April 08, 2025

    Photographer Tells 9th Circ. Kat Von D Tattoo Is Not Fair Use

    A photographer has urged the Ninth Circuit to reverse a jury verdict that found celebrity tattoo artist Kat Von D did not infringe a Miles Davis picture that was the basis for a tattoo she drew, saying her company admitted that it was "100%" the same as the photograph.

  • April 08, 2025

    Drew Eckl Takes Breakaway Firm Dispute To Ga. High Court

    Drew Eckl & Farnham LLP told the Georgia Supreme Court that Burke Moore Law Group LLP — started by former Drew Eckl partners and others — was wrongly allowed to escape arbitration over fees between the firm and the ex-partners, arguing that Burke Moore implicitly consented to arbitration by participating without objecting to jurisdiction.

  • April 08, 2025

    Split 4th Circ. Lifts Block On DOGE's Access To Gov't Data

    A split Fourth Circuit panel paused Monday a ruling blocking the Department of Government Efficiency from accessing sensitive information on millions of Americans held by the U.S. Department of the Treasury, U.S. Department of Education and the Office of Personnel Management, while a dissenting judge disagreed "with all the energy an old judge can muster."

  • April 08, 2025

    2nd Circ. Rejects Biden Diary Thief's Appeal Over Medical Info

    The Second Circuit denied an appeal on Tuesday from a woman who pled guilty to stealing a diary belonging to former President Joe Biden's daughter, rejecting her arguments that a judge was wrong to allow a probation officer to disclose her presentencing report and prior medical records to mental health providers without first obtaining consent.

  • April 08, 2025

    Conn. Justices OK Debt Negotiator's Suit Against Watchdog

    Connecticut's highest court will allow a trial judge to decide whether the Department of Banking can skirt the state's restriction on regulating attorneys to the judicial branch, declining Tuesday to end a suit that a law firm and its associated debt negotiation group brought against the state watchdog.

  • April 08, 2025

    Fed. Circ. Affirms Alkem's Generic Antibiotic Not Barred By IP

    A Delaware federal court rightly found that Alkem Laboratories' generic version of Azurity Pharmaceuticals' antibiotic Firvanq doesn't infringe the latter's patent, the Federal Circuit said Tuesday.

  • April 08, 2025

    6th Circ. Upholds Mich. Lawyer's Tax Fraud Convictions

    A Michigan personal injury lawyer convicted of filing false tax returns lost a bid for a second trial Monday, as a federal appeals court said he repeated defenses already rejected once by a jury. 

  • April 08, 2025

    Justices Halt Order To Reinstate Federal Workers

    The U.S. Supreme Court on Tuesday hit pause on a California federal court order reinstating tens of thousands of probationary federal workers who were fired from six agencies, agreeing with the Trump administration that the nonprofit groups that obtained the order lack standing to challenge the firings. 

  • April 07, 2025

    Split 5th Circ. Undoes Injunction On Texas Strip Club Fee Law

    The Fifth Circuit on Monday reversed an injunction barring the Texas comptroller from enforcing a state law imposing fees on strip clubs that allow on-site alcohol consumption, saying in a split unpublished opinion that a Houston club challenging the law was bound by a 2011 decision that upheld the law.

Expert Analysis

  • 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.

  • Making The Pitch To Grow Your Company's Legal Team

    Author Photo

    In a compressed economy, convincing the C-suite to invest in additional legal talent can be a herculean task, but a convincing pitch — supported by metrics and cost analyses — may help in-house counsel justify the growth of their team, say Elizabeth Smith and Roger Garceau at Major Lindsey.

  • Justices May Find Gov't Can Keep Fraudulent Transfer Benefit

    Author Photo

    Based on the justices' questions at the recently argued U.S. v. Miller, the Supreme Court appears prepared to hold that the U.S. — unlike any other creditor — is permitted to retain the benefits of a fraudulent transfer to the detriment of other bankruptcy creditors, says Kevin Morse at Clark Hill.

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!