Appellate

  • March 24, 2025

    Justices Won't Hear Ex-Rabobank Exec's OCC Appeal

    The U.S. Supreme Court on Monday denied an appeal to a former Rabobank compliance official who has been fighting to expunge a federal banking regulator's dismissed enforcement action against her, turning down her case after the Ninth Circuit rejected it.

  • March 24, 2025

    High Court Turns Down Case Over Amazon Patent Program

    The U.S. Supreme Court decided Monday not to hear an appeal of a Federal Circuit decision that found a company alleging patent infringement through Amazon's patent evaluation program must face a declaratory judgment suit in the accused infringer's home state.

  • March 24, 2025

    Supreme Court Won't Review Dismissal Of Koss' PTAB Appeal

    The U.S. Supreme Court on Monday turned down an appeal by headphone maker Koss Corp. arguing that the Federal Circuit wrongly dismissed its appeal of a Patent Trial and Appeal Board decision by finding that the company's patents had been declared invalid in a separate case that settled.

  • March 24, 2025

    Justices Won't Review San Francisco Nurses' Salary Dispute

    The U.S. Supreme Court declined on Monday to review a case about whether San Francisco nurses were misclassified and are entitled to overtime pay because they were not paid a true salary under the Fair Labor Standards Act — an issue that recalls the high court's ruling in Helix Energy Solutions Group Inc. v. Hewitt.

  • March 22, 2025

    Up Next At High Court: Non-Delegation & Clean Air Fights

    The U.S. Supreme Court will return to the bench Monday to hear arguments in a dispute that could revive a long-dormant separation of powers principle and trigger a regulatory power shift. 

  • March 21, 2025

    4th Circ. Won't Pause Order To Reinstate Federal Workers

    The Fourth Circuit on Friday refused to pause a Maryland federal judge's restraining order requiring the reinstatement of thousands of probationary workers who were fired from 18 federal agencies.

  • March 21, 2025

    11th Circ. Declines To Disturb Tesla Crash Suit Dismissal

    The Eleventh Circuit on Friday affirmed a Florida federal court's dismissal of a Tesla battery deflect suit brought by the father of a teenager killed in a crash, ruling there is no evidence the teen would have survived but for the lack of a fire retardant in the car's batteries.

  • March 21, 2025

    7th Circ.'s Sykes' Top Rulings Before Senior Judge Transition

    Chief U.S. Circuit Judge Diane Sykes of the Seventh Circuit has let her voice be heard on major issues that faced courts during her time at the top, writing important rulings that have advanced biometric privacy litigation, kept Wisconsin's mandatory bar membership intact and curbed a "copyright troll" from crowding dockets with questionable suits. 

  • March 21, 2025

    Judge Vows To Find Out If Deportation Order Was Violated

    A D.C. federal judge demanded to know how the Trump administration understood his verbal order that deportation flights headed to El Salvador be turned back last week, vowing to "get to the bottom of" whether his order was violated and what the consequences will be, in a hearing Friday.

  • March 21, 2025

    Divisive Del. Corporate Law Bill May Get Compromise Tweak

    A Delaware state representative reported active interest Friday in possible "opt-in" requirements for proposed changes to the section of Delaware's general corporation law pertaining to potentially conflicted business transactions and controlling investors.

  • March 21, 2025

    DC Circ. Won't Halt Revamp Of Public Safety Spectrum

    The D.C. Circuit has denied requests from two sheriffs' groups and the San Francisco transit system to delay the Federal Communications Commission's order revamping the 4.9 gigahertz spectrum band, which is heavily used by public safety organizations.

  • March 21, 2025

    Immigration Suits You May Have Missed: A Roundup

    Litigation developments in immigration cases have been dominating the news cycle, including cases over deportations of Venezuelans, a pro-Palestinian activist's habeas petition and a challenge to a Biden-era asylum rule. With cases moving at lightning speed, Law360 is providing a rundown of developments that may have been missed over the past week.

  • March 21, 2025

    Fed. Circ. Revives Blood Pump Patent Suit Against J&J Unit

    The Federal Circuit on Friday reinstated a blood pump patent suit by a unit of Swedish medical device company Getinge AB against a Johnson & Johnson MedTech subsidiary, faulting a Massachusetts federal judge's claim construction that led the parties to stipulate that there was no infringement.

  • March 21, 2025

    Iraq Urges Supreme Court To Uphold $120M Immunity Ruling

    Iraq has urged the U.S. Supreme Court not to take up a petition asking it to clarify parts of the Foreign Sovereign Immunities Act's commercial activity exception, as it looks to avoid a $120 million judgment issued to a Pennsylvania defense contractor following a dispute over a two-decade-old contract.

  • March 21, 2025

    NC Top Court Revives Constitutional Claim In Forced Vax Suit

    The North Carolina Supreme Court Friday partially revived a family's lawsuit alleging a 14-year-old was given a COVID-19 vaccine without his parents' consent, saying a federal law that shields certain activity aimed at resolving the spread of disease during a public health emergency covers tort injuries, not state constitutional violations.

  • March 21, 2025

    Gibson Gets Infringement Finding Plus $1 In Guitar TM Retrial

    A Texas federal jury on Friday found that a Florida-based guitar maker infringed Gibson Brands Inc.'s trademarks on shapes of some of its famous guitars like the Flying V and Explorer but handed Gibson $1 after finding that it delayed bringing its claims.

  • March 21, 2025

    2nd Circ. Affirms Union Funds' Early Win In Oil Co. Audit Fight

    The Second Circuit affirmed Friday an early win for a group of Teamsters local union benefit funds in a dispute against a heating oil transportation company, backing a lower court's action to force compliance with the union local's audit of contributions for covered work by the company's truck drivers.

  • March 21, 2025

    NC Panel Weighs Judge's Bid To Toss Votes In Top Court Race

    The North Carolina state appeals court grappled Friday with whether voters can be held accountable for the mistakes of election officials as they weighed the merits of Republican candidate Judge Jefferson Griffin's election protests in the still-undecided state Supreme Court race.

  • March 21, 2025

    La.'s First Nitrogen Execution Reflects Broader Method Shift

    At a time when many states are reassessing the use of lethal injections in capital punishment, Louisiana's recent use of nitrogen gas to execute a death row prisoner points to a shift in states' exploration of alternative methods, with even death by firing squad on the table.

  • March 21, 2025

    1st Circ. Affirms Hold On Education Dept. Teacher Grant Cuts

    The First Circuit on Friday kept in place a Massachusetts federal judge's temporary block on $250 million in cuts to teacher training grants that were targeted by the Department of Education over their ties to diversity initiatives.

  • March 21, 2025

    La. Town Tells 5th Circ. No Arbitration For Hurricane Claims

    A Louisiana town seeking hurricane damage coverage urged the Fifth Circuit to uphold a Louisiana district court's decision finding an arbitration clause unenforceable, noting the Louisiana Supreme Court explicitly said it disagreed with a recent Fifth Circuit ruling that had ordered arbitration under similar circumstances.

  • March 21, 2025

    Cigna Wants Fees After Being Cleared In Payment IP Row

    Cigna has urged a Texas federal court to award it legal fees in a case where it was cleared of infringing a card payment patent, saying the patent owner was trying to get the court to rule that a Federal Circuit ruling on the same patent in another case was wrong. 

  • March 21, 2025

    Off The Bench: Celts Sold, Tennis 'Cartel,' DraftKings In Deep

    In this week's Off The Bench, two BigLaw titans help steer the record sale of a prestigious NBA franchise, tennis pros heap damning antitrust allegations on the sport's leadership, and DraftKings remains mired in a dispute over its use of baseball players' likenesses to promote their gambling offers.

  • March 21, 2025

    DC Circ. Won't Let Apple Intervene For Google Search Fix Trial

    A D.C. Circuit panel on Friday rejected Apple's appeal seeking to participate in the remedy trial for the U.S. Department of Justice's search monopolization case against Google next month.

  • March 21, 2025

    Mass. Court Shields Welfare Workers From Child Harm Claims

    Massachusetts' highest court said Friday that child welfare workers are immune from civil claims stemming from a fatal incident in which children were left unattended at a foster home overnight, saying the oversight shortcomings didn't directly cause the harm.

Expert Analysis

  • 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.

  • Contract Disputes Recap: Adjustments, Preclusion, Waivers

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    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

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    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

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    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

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    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

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    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.

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