Appellate

  • February 29, 2024

    Faulty Expert Report Can't Support Stomach Surgery Suit

    A Texas appeals court on Thursday told a woman suing over an intestinal perforation to get a new expert report to support her claims, saying a trial court was wrong to find that her current report was enough to link her surgeon's alleged conduct to her injuries.

  • February 29, 2024

    9th Circ. Says Fight Over COVID-19 Misinformation Law Moot

    The Ninth Circuit on Thursday unanimously dismissed as moot two consolidated appeals by doctors who challenged as unconstitutional California's since-repealed statute deeming it "unprofessional conduct" to spread COVID-19 misinformation to patients under their care, noting that the statute's repeal means there is no longer any live controversy.

  • February 29, 2024

    NC Says Court Blocked From Philip Morris Franchise Tax Spat

    The North Carolina Department of Revenue urged the state Supreme Court to uphold a loss for Philip Morris in the agency's fight to fetch more than $300,000 in franchise tax from the tobacco giant, arguing that state law forbids an administrative court to contemplate the constitutionality of tax law.

  • February 29, 2024

    Colo. Panel Says Well Owners' Appeal Belongs In Water Court

    Two Colorado well owners can't bring a county district court lawsuit challenging a well permitting decision by the state water engineer because those issues are "water matters" that belong in a special water court, an appellate panel ruled Thursday.

  • February 29, 2024

    Feds Say High Court Ruling Irrelevant To Razor Wire Fight

    The Biden administration told the Fifth Circuit on Thursday that the U.S. Supreme Court's recent ruling rejecting its sovereign-immunity defense in Fair Credit Reporting Act litigation "sheds no light" on its fight with Texas over concertina razor-wire barriers the Lone Star State has erected along the U.S-Mexico border.

  • February 29, 2024

    NJ Towns Can't Sue Netflix, Hulu For Fees, 3rd Circ. Says

    Two New Jersey municipalities cannot sue Netflix and Hulu for franchise fees under the state's Cable Television Act, the Third Circuit held Thursday in a precedential opinion, saying the state statute reserves enforcement of the law to the state Board of Public Utilities.

  • February 29, 2024

    10th Circ. Says NLRB's Remedies 'Inconsistent' With Law

    The National Labor Relations Board surpassed its powers when ordering a concrete company to make pension contributions and profit-sharing payments to workers without factoring in past compensation, the Tenth Circuit ruled, sending the case back to the board for a second look but finding the company violated federal labor law.

  • February 29, 2024

    Contractors Join Chorus Against Digital Discrimination Rule

    A group of wireless contractor trade groups are joining the slew of industry interests challenging the Federal Communications Commission's new digital discrimination order in the Eighth Circuit.

  • February 29, 2024

    Law Firm Recruited Objectors To Tank Vax Deal, Class Says

    Indianapolis-based law firm Kroger, Gardis & Regas LLP is trying to unravel a settlement with Ascension Health Alliance because the firm wants to pursue its own class litigation, hospital staff told the Sixth Circuit in a brief filed Wednesday.

  • February 29, 2024

    NJ Panel Says Ex-City Prosecutor Not Eligible For Pension

    A former municipal prosecutor was not a city employee but a professional service provider, a New Jersey appellate panel held Thursday, stripping him of seven years of pension participation and credits.

  • February 29, 2024

    Medtronic Says 3 Years Of Tax Returns Under IRS Audit

    Three years of medical device company Medtronic's federal income tax returns are being audited by the Internal Revenue Service, the company said in a U.S. Securities and Exchange Commission filing.

  • February 28, 2024

    7th Circ. Revives Health System Worker's FMLA Suit For Trial

    A split Seventh Circuit panel on Wednesday revived a former OSF Healthcare System employee's suit accusing the company of wrongfully firing her after failing to adjust performance expectations while she worked reduced hours, ruling a factual dispute remains over how much leave she took, which could lead a jury to find in her favor.

  • February 28, 2024

    Skeptical DC Circ. Probes Treaty's Arbitration Applicability

    A D.C. Circuit panel on Wednesday seemed dubious about efforts by Spain and Romania to escape the enforcement of substantial arbitration awards based on the contention that European Union law prohibits arbitration between member states and European investors.

  • February 28, 2024

    Fla. Judge OKs $43.5M Deutsche Bank Deal In Ch. 15 Case

    A Florida bankruptcy judge on Wednesday approved a $43.5 million settlement between Deutsche Bank AG and liquidators for a group of Caribbean-based companies to resolve claims against the bank for its alleged role in a real estate Ponzi scheme targeting rich South Americans.

  • February 28, 2024

    'You Gave Away Your Case': Crypto Win Wilts At High Court

    The U.S. Supreme Court on Wednesday leaned toward letting a technical tug-of-war continue in litigation accusing the cryptocurrency platform Coinbase Inc. of running a sketchy sweepstakes, as multiple justices suggested the Ninth Circuit overlooked key issues when it sided with aggrieved consumers.

  • February 28, 2024

    Ga. Panel Brings Doctor In, Publix Out In Drug Allergy Case

    The Georgia Court of Appeals on Wednesday overturned a trial court ruling releasing a doctor from the professional malpractice suit of a patient who was hospitalized for nearly two weeks following an allergic reaction to a prescription drug but remained "unpersuaded" that Publix Super Markets Inc. was liable in the case.

  • February 28, 2024

    NJ Panel Frees National Boys & Girls Club From Abuse Claims

    The New Jersey state appeals court on Wednesday freed Boys & Girls Clubs of America from consolidated litigation over alleged sexual abuse in the '70s and '80s by a counselor then employed by the nonprofit's Hudson County chapter, ruling that the national organization had no control over the local unit's operations. 

  • February 28, 2024

    'Lawyer Cat' Judge, Texas Attys Seek Seats On New Courts

    The state court judge behind 2021's viral "lawyer cat" video along with several prominent Houston attorneys have submitted bids for appointment to the Lone Star State's newest courts, according to records obtained by Law360. Here's a look at some of the attorneys who have thrown their names in the running for the new appointments.

  • February 28, 2024

    Sbarro Worker Appeals 'Prejudiced' Verdict On Rape Claims

    A former Sbarro employee asked the Ninth Circuit on Wednesday to order a retrial on her allegations that she was sexually assaulted multiple times by a manager and co-workers, claiming a jury verdict favoring the company resulted from a trial tainted by prejudicial assertions, improper evidence and defamatory comments toward her and her counsel.

  • February 28, 2024

    Seminole Sports Gaming Compact Worth $4.4B, Report Says

    An economic research agency in Florida estimated in a recent report that a gaming compact between the state and the Seminole Tribe of Florida that is currently pending certiorari review by the U.S. Supreme Court will garner $4.4 billion in new revenues for the state over the next six years.

  • February 28, 2024

    Justices Lean On Both Sides In ATF Bump Stock Rule Case

    The U.S. Supreme Court on Wednesday considered whether bump stocks can be considered machine guns under an Alcohol, Tobacco, Firearms and Explosives rule banning the devices, knocking holes in opposing interpretations of the National Firearms Act's definition of a machine gun.

  • February 28, 2024

    9th Circ. Revives Suit Over Google's Cell Data Use In Androids

    The Ninth Circuit on Wednesday partially revived a putative class action by Android users accusing Google of illegally using their cellular data allotments to transmit information back to itself, finding they plausibly allege Google's "unauthorized transfer" could block customers from using data they purchased from their carriers.

  • February 28, 2024

    9th Circ. Won't Undo Airline Price-Fixing Settlement Payout

    The Ninth Circuit affirmed an order granting attorney fees and a secondary distribution of a $104 million settlement in a long-running airline price-fixing case, finding the objectors who claimed the funds were wrongly sent to those who already got their first-round share lacked standing to challenge the order. 

  • February 28, 2024

    Trans Teens Tell High Court To Pass On Idaho's Stay Request

    Two transgender Idaho teens told the U.S. Supreme Court on Wednesday that the state did not establish "any of the criteria" required for the high court to let Idaho enforce a ban on gender-affirming care while a battle over such care plays out in the Ninth Circuit.

  • February 28, 2024

    Court Will Hear Arguments In Camp Operator's Bond Dispute

    A Montana federal judge will hear arguments next month to determine whether a campground operator can pay a bond in cash as opposed to a third-party surety that will allow it to stay the case over a lease dispute with the Blackfeet Nation pending an appeal to the Ninth Circuit.

Expert Analysis

  • Fed. Circ. In Feb.: Using Prior Products To Invalidate A Patent

    Author Photo

    The Federal Circuit's recent Weber v. Provisu ruling, that prior-product operating manuals constituted printed publications that can be used to invalidate patents in an inter partes review proceeding, makes it easier for a petitioner to invalidate a patent, say Sean Murray and Jeremiah Helm at Knobbe Martens.

  • 7 Common Myths About Lateral Partner Moves

    Author Photo

    As lateral recruiting remains a key factor for law firm growth, partners considering a lateral move should be aware of a few commonly held myths — some of which contain a kernel of truth, and some of which are flat out wrong, says Dave Maurer at Major Lindsey.

  • What's At Stake In Pending Fed. Circ. Design Patent Test Case

    Author Photo

    The full Federal Circuit recently heard argument in LKQ v. GM Global, a case concerning patent obviousness in the aftermarket for auto parts; the court's decision will likely influence how design patents are obtained, enforced and challenged, and affect the broader innovation ecosystem, says Larry DeMeo at Hunton.

  • Series

    Cheering In The NFL Makes Me A Better Lawyer

    Author Photo

    Balancing my time between a BigLaw career and my role as an NFL cheerleader has taught me that pursuing your passions outside of work is not a distraction, but rather an opportunity to harness important skills that can positively affect how you approach work and view success in your career, says Rachel Schuster at Sheppard Mullin.

  • Opinion

    Compassionate Release Grants Needed Now More Than Ever

    Author Photo

    After the U.S. Sentencing Commission's recent expansion of the criteria for determining compassionate release eligibility, courts should grant such motions more frequently in light of the inherently dangerous conditions presented by increasingly understaffed and overpopulated federal prisons, say Alan Ellis and Mark Allenbaugh at the Law Offices of Alan Ellis.

  • Args In APA Case Amplify Justices' Focus On Agency Power

    Author Photo

    In arguments last week in Corner Post v. Federal Reserve, the U.S. Supreme Court justices paid particular importance to the possible ripple effects of their decision, which will address when a facial challenge to long-standing federal rules under the Administrative Procedure Act first accrues and could thus unleash a flood of new lawsuits, say attorneys at Snell & Wilmer.

  • After TikTok, Tiptoeing Toward Patent Transfer Alignment

    Author Photo

    Following the Fifth Circuit's TikTok decision, which aimed to standardize transfer analysis in patent cases, the Federal Circuit and Texas federal courts facing transfer requests have taken small steps to consider the practical realities of patent litigation, reinforcing the intensely factual focus of the analysis, says Charles Fowler at McKool Smith.

  • Mitigating Whistleblower Risks After High Court UBS Ruling

    Author Photo

    While it is always good practice for companies to periodically review whistleblower trainings, policies and procedures, the U.S. Supreme Court’s recent whistleblower-friendly ruling in Murray v. UBS Securities helps demonstrate their importance in reducing litigation risk, say attorneys at Arnold & Porter.

  • What Recent Setbacks In Court Mean For Enviro Justice

    Author Photo

    Two courts in Louisiana last month limited the federal government's ability to require consideration of Civil Rights Act disparate impacts when evaluating state-issued permits — likely providing a framework for opposition to environmental justice initiatives in other states, say attorneys at King & Spalding.

  • Justices' Double Jeopardy Ruling Preserves Acquittal Sanctity

    Author Photo

    The U.S. Supreme Court’s unanimous decision last week in McElrath v. Georgia, barring the state from retrying a man acquitted of murder after a so-called repugnant verdict, is significant in the tangled web of double jeopardy jurisprudence for its brief and unequivocal protection of an acquittal’s finality, says Lissa Griffin at Pace Law School.

  • Setting The Stage For High Court BofA Escrow Interest Case

    Author Photo

    Dori Bailey and Curtis Johnson at Bond Schoeneck examine relevant legislation and case law dating back 200 years ahead of oral arguments at the U.S. Supreme Court on Tuesday in Cantero v. Bank of America, the outcome of which will determine whether state laws governing mortgage escrow accounts can be enforced against national banks.

  • High Court Forfeiture Case Again Pits Text Against Purpose

    Author Photo

    In oral arguments Tuesday in McIntosh v. U.S., the U.S. Supreme Court will consider whether a federal court can impose asset forfeiture on a defendant even if it doesn’t comply with timing rules, which may affect the broader interpretation of procedural deadlines — and tees up the latest battle between textualism and purposivism, say Anden Chow and Christian Bale at MoloLamken.

  • Using Arbitration And Class Waivers As Privacy Suit Tools

    Author Photo

    Amid a surge in data breach class actions over the last few years, several federal court decisions indicate that arbitration clauses and class action waiver provisions can be possible alternatives to public court battles and potentially reduce the costs of privacy litigation, say Mark Olthoff and Courtney Klaus at Polsinelli.

  • 6 Pointers For Attys To Build Trust, Credibility On Social Media

    Author Photo

    In an era of information overload, attorneys can use social media strategically — from making infographics to leveraging targeted advertising — to cut through the noise and establish a reputation among current and potential clients, says Marly Broudie at SocialEyes Communications.

  • Justices Stay The Course In Maritime Choice-Of-Law Ruling

    Author Photo

    The U.S. Supreme Court's narrowly drawn decision in Great Lakes Insurance v. Raiders Retreat Realty, enforcing the underlying insurance contract's choice-of-law provision, carefully distinguishes those provisions from forum selection clauses, and ensures that courts will not apply its precepts outside the maritime context, says John Coyle at the University of North Carolina.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
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!