Appellate

  • March 28, 2025

    Trump Can Fire NLRB, MSPB Members, DC Circ. Says

    A split D.C. Circuit panel on Friday paused district court orders restoring fired members of the National Labor Relations Board and Merit Systems Protection Board to work, once again removing them from their posts while the president's challenges play out.

  • March 28, 2025

    NJ Law Firm Beats DQ Bid Over Atty's Indictment

    The indictment of Brown & Connery LLP senior partner William Tambussi on since-dismissed racketeering charges does not create a conflict of interest that would require the firm to stop representing New Jersey in an employee retaliation lawsuit, a state appellate court has ruled.

  • March 28, 2025

    Off The Bench: NCAA Wages, Coach Hacking, Tennis Tension

    In this week's Off The Bench, the NCAA fires its latest salvo against paying wages to college athletes, the legal fallout from hacking allegations against a former University of Michigan football coach intensifies, and the men's tennis tour fights back against claims of intimidation.

  • March 28, 2025

    5th Circ. Nixes Fed Contractor Wage Decision After Trump EO

    A Fifth Circuit panel agreed Friday to toss its earlier decision ruling that President Joe Biden had the authority to raise the minimum hourly wage for federal contractors to $15, two weeks after President Donald Trump signed an executive order nixing the wage bump.

  • March 28, 2025

    Fed. Circ. Upholds Janssen's Patent Case Win Over Mylan

    The Federal Circuit declined on Friday to undo a lower court ruling that kept Mylan Laboratories Ltd. from releasing a generic version of Janssen Pharmaceuticals Inc.'s schizophrenia drug Invega Trinza, rejecting Mylan's challenge to a finding that the generic drug would cause physicians to infringe a patent covering its dosing regimen.

  • March 28, 2025

    Trump Asks Justices To Allow Venezuelan Removals

    President Donald Trump asked the U.S. Supreme Court on Friday to lift a D.C. federal judge's order blocking the removal of alleged Venezuelan gang members from the United States under the Alien Enemies Act, arguing the order infringes on his unique authority to make sensitive national security decisions. 

  • March 28, 2025

    1st Circ. Clears Way For Karen Read Retrial

    The First Circuit won't stand in the way of a retrial set to start Tuesday for Karen Read, the Massachusetts woman who is charged with hitting her Boston police officer boyfriend with her SUV and leaving him to die three years ago.

  • March 27, 2025

    Video Privacy Law Doesn't Hit Movie Theaters, 9th Circ. Says

    The federal Video Privacy Protection Act doesn't cover companies that offer "a classic in-theater moviegoing experience," the Ninth Circuit ruled Thursday in affirming the dismissal of a putative class action accusing Landmark Theatres of violating the law by sharing ticket buyers' information with Facebook.

  • March 27, 2025

    'Success By Health' Execs Fight $7.3M FTC Win At 9th Circ.

    Executives behind the alleged "Success By Health" pyramid scheme urged the Ninth Circuit on Thursday to reverse a $7.3 million compensatory sanction and asset-freeze injunction, arguing the sanction wasn't tied to actual loss and the lower court shouldn't have frozen assets following the high court's 2021 AMG v. FTC ruling.

  • March 27, 2025

    Vaping Interests Take Challenge To FDA Rule To 5th Circ.

    A coalition of vaping interests challenging the U.S. Food and Drug Administration's marketing and recordkeeping regulations has taken the dispute to the Fifth Circuit after a lower district judge tossed the lawsuit, which claimed many in the industry were prohibited from seeking FDA approval for multiple products at once because of the high cost of applying.

  • March 27, 2025

    Trump Can Fire Agency Officials He Distrusts, DC Circ. Told

    The White House laid out reasoning Thursday for asking the D.C. Circuit to bless President Donald Trump's firing of two Merit Systems Protection Board and National Labor Relations Board members, saying their reinstatement by lower courts interfered with executive authority and saddled Trump with officials "who lack his trust."

  • March 27, 2025

    9th Circ. Revives Monsanto Roundup Expiration Label Fight

    Consumers can pursue their proposed class claims against Monsanto that ingredients in its Roundup herbicides could form a dangerous cancer-causing substance, but not against a distributor, the Ninth Circuit ruled Thursday.

  • March 27, 2025

    Fed. Circ. Orders New Trial In Roland Drum Kit Patent Dispute

    The Federal Circuit says a jury in Miami will have to take another look at a nearly decadelong fight over electric drumming patents, deciding on Thursday to wipe out the entirety of a $4.6 million verdict ​​the Japanese audio tech giant Roland Corp. won against a U.S.-based rival.

  • March 27, 2025

    Illinois Atty Faces Indefinite Suspension For Ignoring Appeal

    A relatively new lawyer in Illinois who failed to meet appellate briefing deadlines and ignored an order to explain why should be suspended until the state high court can assess her fitness to practice, an attorney conduct watchdog panel recommended.  

  • March 27, 2025

    Chamber Asks Justices To Review Duke Energy Monopoly Suit

    The U.S. Chamber of Commerce urged the U.S. Supreme Court on Thursday to review a decision that revived a case accusing Duke Energy of squeezing a rival out of the market in North Carolina, saying the appeals court was wrong to recognize a "Frankenstein's monster" theory of harm.

  • March 27, 2025

    Fed. Circ. Revives Recor's PTAB Challenge To Medtronic IP

    The Federal Circuit on Thursday revived medical technology company Recor Medical's challenge to a Medtronic Ireland Manufacturing patent on a way to treat heart and renal failure, telling the Patent Trial and Appeal Board to once again review the fight.

  • March 27, 2025

    Standing Emerges As Key Front In ERISA Health Fee Battles

    The recent dismissal of a suit brought by former Wells Fargo workers who claimed high prescription drug costs violated federal benefits law shows the ability to establish standing emerging as a key stumbling block for Employee Retirement Income Security Act suits alleging excessive health fees, experts say.

  • March 27, 2025

    Conrail Land Can't Go In Renewal Zone, NJ Court Says

    A New Jersey state appeals court has ruled that federal law bars Jersey City lawmakers from going forward with a redevelopment plan for local property owned by Consolidated Rail Corp.

  • March 27, 2025

    Nu Skin Can't Avoid Distributor Dispute In Wash. Court

    The Washington Supreme Court said Thursday that Nu Skin Enterprises Inc. can't jettison a case in Washington state court and force product distributors to go to Utah to settle claims that the multilevel marketing company violated a Washington law against pyramid schemes, in a question that had split lower appellate courts.

  • March 27, 2025

    Mich. Panel Sets Liability Precedent For Sports Facilities, Refs

    In what it called a precedent-setting decision for the state, a Michigan appellate court has ruled that neither a facility hosting a sporting event nor a person officiating that event has a duty to protect participants from negligence or recklessness.

  • March 27, 2025

    Ex-Netflix Exec Urges 9th Circ. To Wipe Bribery Conviction

    Counsel for Netflix's former vice president of information technology urged a Ninth Circuit panel on Thursday to undo his conviction for taking bribes from vendors, saying prosecutors tainted the verdict by improperly intertwining two different fraud theories.

  • March 27, 2025

    NYC Tour Bus Antitrust Suit Dead-Ends At 2nd Circ.

    A New York City tour bus operator on Thursday lost its bid to revive a suit accusing a group of rivals of entering into an anticompetitive partnership, after a Second Circuit panel backed a lower court's finding that the case sought to relitigate failed claims from an earlier suit.

  • March 27, 2025

    Ex-Exec Doesn't Owe Holtec For Losses, NJ Appeals Court Says

    Holtec International and one of its divisions are not entitled to payments from a former employee for losses, a New Jersey appeals court said Wednesday in affirming a lower court ruling that a contract was unambiguous about profit sharing and made no provisions for splitting losses.

  • March 27, 2025

    FINRA Improperly Acts As Government Agency, 6th Circ. Told

    The owner of a consulting company has urged the Sixth Circuit to overturn a decision by the U.S. Securities and Exchange Commission affirming sanctions imposed by the Financial Industry Regulatory Authority for alleged securities fraud, arguing that FINRA never had jurisdiction over him.

  • March 27, 2025

    Eli Lilly Says Michigan AG's Insulin Pricing Probe Is Baseless

    Michigan Attorney General Dana Nessel's case for investigating Eli Lilly's insulin prices is based on fundamentally flawed premises, such as comparing what consumers pay in Michigan to Canada, the drugmaker has told the Michigan Supreme Court in a new brief. 

Expert Analysis

  • Exploring Venue Strategy For Trump-Era Regulatory Litigation

    Author Photo

    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

    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.

  • 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.

  • 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.

  • 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.

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!